[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[From the U.S. Government Printing Office]


          40



          Protection of Environment



[[Page i]]

          PARTS 61 TO 71

          Revised as of July 1, 1996
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1996
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1996



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v
  Title 40:
    Chapter I--Environmental Protection Agency (Continued)....       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........    1343
    Table of CFR Titles and Chapters..........................    1345
    Alphabetical List of Agencies Appearing in the CFR........    1361
    Table of OMB Control Numbers..............................    1371
    List of CFR Sections Affected.............................    1391

[[Page iv]]



      



                                                                                                                
                                  ----------------------------------------------------------                    
                                   Cite this Code:  CFR                                                         
                                                                                                                
                                   To cite the regulations in this volume use title, part                       
                                    and section number. Thus, 40 CFR 61.01 refers to title                      
                                    40, part 61, section 01.                                                    
                                                                                                                
                                  ----------------------------------------------------------                    
                                                                                                                

      

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1996), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

                              Richard L. Claypoole,
                                    Director,
                          Office of the Federal Register.

July 1, 1996.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of eighteen volumes. 
The parts in these volumes are arranged in the following order: parts 1-
51, part 52, parts 53-59, part 60, parts 61-71, parts 72-80, parts 81-
85, part 86, parts 87-135, parts 136-149, parts 150-189, parts 190-259, 
parts 260-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
789 and part 790 to end. The contents of these volumes represent all 
current regulations codified under this title of the CFR as of July 1, 
1996.

    Chapter I--Environmental Protection Agency appears in all eighteen 
volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts 
150-189. A Toxic Substances Chemical--CAS Number Index appears in parts 
700-789 and part 790 to end. Redesignation Tables appear in the volumes 
containing parts 1-51, parts 150-189, and parts 700-789. Regulations 
issued by the Council on Environmental Quality appear in the volume 
containing part 790 to end.

    The OMB control numbers for title 40 appear in Sec. 9.1 of this 
chapter. For the convenience of the user, Sec. 9.1 appears in the 
Finding Aids section of the volumes containing parts 52 to the end.

    For this volume, Ann Elise Maso was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]



 
[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                    (This book contains parts 61-71)

  --------------------------------------------------------------------
                                                                    Part
chapter i--Environmental Protection Agency (Continued)......          61

[[Page 3]]



               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY




  --------------------------------------------------------------------

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)

Part                                                                Page
61              National emission standards for hazardous 
                    air pollutants..........................           5
62              Approval and promulgation of State plans for 
                    designated facilities and pollutants....         293
63              National emission standards for hazardous 
                    air pollutants for source categories....         329
66              Assessment and collection of noncompliance 
                    penalties by EPA........................        1192
67              EPA approval of State noncompliance penalty 
                    program.................................        1206
68              Chemical accident prevention provisions.....        1212
69              Special exemptions from requirements of the 
                    Clean Air Act...........................        1247
70              State operating permit programs.............        1249
71              Federal operating permit programs...........        1287

  Editorial Note: Subchapter C--Air Programs is continued in the volumes 
containing 40 CFR parts 72-85, 86, and 87-149.

[[Page 5]]



                 SUBCHAPTER C--AIR PROGRAMS (Continued)





PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of Contents




                      Subpart A--General Provisions

Sec.
61.01  Lists of pollutants and applicability of part 61.
61.02  Definitions.
61.03  Units and abbreviations.
61.04  Address.
61.05  Prohibited activities.
61.06  Determination of construction or modification.
61.07  Application for approval of construction or modification.
61.08  Approval of construction or modification.
61.09  Notification of startup.
61.10  Source reporting and waiver request.
61.11  Waiver of compliance.
61.12  Compliance with standards and maintenance requirements.
61.13  Emission tests and waiver of emission tests.
61.14  Monitoring requirements.
61.15  Modification.
61.16  Availability of information.
61.17  State authority.
61.18  Incorporations by reference.
61.19  Circumvention.

    Subpart B--National Emission Standards for Radon Emissions From 
                        Underground Uranium Mines

61.20  Designation of facilities.
61.21  Definitions
61.22  Standard.
61.23  Determining compliance.
61.24  Annual reporting requirements.
61.25  Recordkeeping requirements.
61.26  Exemption from the reporting and testing requirements of 40 CFR 
          61.10

           Subpart C--National Emission Standard for Beryllium

61.30  Applicability.
61.31  Definitions.
61.32  Emission standard.
61.33  Stack sampling.
61.34  Air sampling.

 Subpart D--National Emission Standard for Beryllium Rocket Motor Firing

61.40  Applicability.
61.41  Definitions.
61.42  Emission standard.
61.43  Emission testing--rocket firing or propellant disposal.
61.44  Stack sampling.

            Subpart E--National Emission Standard for Mercury

61.50  Applicability.
61.51  Definitions.
61.52  Emission standard.
61.53  Stack sampling.
61.54  Sludge sampling.
61.55  Monitoring of emissions and operations.
61.56  Delegation of authority.

        Subpart F--National Emission Standard for Vinyl Chloride

61.60  Applicability.
61.61  Definitions.
61.62  Emission standard for ethylene dichloride plants.
61.63  Emission standard for vinyl chloride plants.
61.64  Emission standard for polyvinyl chloride plants.
61.65  Emission standard for ethylene dichloride, vinyl chloride and 
          polyvinyl chloride plants.
61.66  Equivalent equipment and procedures.
61.67  Emission tests.
61.68  Emission monitoring.
61.69  Initial report.
61.70  Reporting.
61.71  Recordkeeping.

                          Subpart G--[Reserved]

 Subpart H--National Emission Standards for Emissions of Radionuclides 
          Other Than Radon From Department of Energy Facilities

61.90  Designation of facilities.
61.91  Definitions.
61.92  Standard.
61.93  Emissions monitoring and test procedures.
61.94  Compliance and reporting.
61.95  Recordkeeping requirements.
61.96  Applications to construct or modify.
61.97  Exemption from the reporting and testing requirements of 40 CFR 
          61.10.

 Subpart I--National Emission Standards for Radionuclide Emissions From 
  Facilities Licensed by the Nuclear Regulatory Commission and Federal 
                   Facilities Not Covered by Subpart H

61.100  Applicability.
61.101  Definitions.
61.102  Standard.
61.103  Determining compliance.

[[Page 6]]

61.104  Reporting requirements.
61.105  Recordkeeping requirements.
61.106  Applications to construct or modify.
61.107  Emission determination.
61.108  Exemption from the reporting and testing requirements of 40 CFR 
          61.10.

  Subpart J--National Emission Standard for Equipment Leaks (Fugitive 
                      Emission Sources) of Benzene

61.110  Applicability and designation of sources.
61.111  Definitions.
61.112  Standards.

 Subpart K--National Emission Standards for Radionuclide Emissions From 
                       Elemental Phosphorus Plants

61.120  Applicability.
61.121  Definitions.
61.122  Emission standard.
61.123  Emission testing.
61.124  Recordkeeping requirements.
61.125  Test methods and procedures.
61.126  Monitoring of operations.
61.127  Exemption from the reporting and testing requirements of 40 CFR 
          61.10.

 Subpart L--National Emission Standard for Benzene Emissions from Coke 
                       By-Product Recovery Plants

61.130  Applicability, designation of sources, and delegation of 
          authority.
61.131  Definitions.
61.132  Standard: Process vessels, storage tanks, and tar-intercepting 
          sumps.
61.133  Standard: Light-oil sumps.
61.134  Standard: Naphthalene processing, final coolers, and final-
          cooler cooling towers.
61.135  Standard: Equipment leaks.
61.136  Compliance provisions and alternative means of emission 
          limitation.
61.137  Test methods and procedures.
61.138  Recordkeeping and reporting requirements.
61.139  Provisions for alternative means for process vessels, storage 
          tanks, and tar-intercepting sumps.

           Subpart M--National Emission Standard for Asbestos

61.140  Applicability.
61.141  Definitions.
61.142  Standard for asbestos mills.
61.143  Standard for roadways.
61.144  Standards for manufacturing.
61.145  Standard for demolition and renovation.
61.146  Standard for spraying.
61.147  Standard for fabricating.
61.148  Standard for insulating materials.
61.149  Standard for waste disposal for asbestos mills.
61.150  Standard for waste disposal for manufacturing, fabricating, 
          demolition, renovation, and spraying operations.
61.151  Standard for inactive waste disposal sites for asbestos mills 
          and manufacturing and fabricating operations.
61.152  Air-cleaning.
61.153  Reporting.
61.154  Standard for active waste disposal sites.
61.155  Standard for operations that convert asbestos-containing waste 
          material into nonasbestos (asbestos-free) material.
61.156  Cross-reference to other asbestos regulations.
61.157  Delegation of authority.

Appendix A to Subpart M--Interpretive Rule Governing Roof Removal 
          Operations

 Subpart N--National Emission Standard for Inorganic Arsenic Emissions 
                     From Glass Manufacturing Plants

61.160  Applicability and designation of source.
61.161  Definitions.
61.162  Emission limits.
61.163  Emission monitoring. 
61.164  Test methods and procedures.
61.165  Reporting and recordkeeping requirements.

 Subpart O--National Emission Standard for Inorganic Arsenic Emissions 
                      From Primary Copper Smelters

61.170  Applicability and designation of source.
61.171  Definitions.
61.172  Standard for new and existing sources.
61.173  Compliance provisions.
61.174  Test methods and procedures.
61.175  Monitoring requirements.
61.176  Recordkeeping requirements.
61.177  Reporting requirements.

 Subpart P--National Emission Standard for Inorganic Arsenic Emissions 
    From Arsenic Trioxide and Metallic Arsenic Production Facilities

61.180  Applicability and designation of sources.
61.181  Definitions.
61.182  Standard for new and existing sources.
61.183  Emission monitoring.
61.184  Ambient air monitoring for inorganic arsenic.
61.185  Recordkeeping requirements.
61.186  Reporting requirements.

[[Page 7]]

    Subpart Q--National Emission Standards for Radon Emissions From 
                     Department of Energy Facilities

61.190  Designation of facilities.
61.191  Definitions.
61.192  Standard.
61.193  Exemption from the reporting and testing requirements of 40 CFR 
          61.10.

    Subpart R--National Emission Standards for Radon Emissions From 
                          Phosphogypsum Stacks

61.200  Designation of facilities.
61.201  Definitions.
61.202  Standard.
61.203  Radon monitoring and compliance procedures.
61.204  Distribution and use of phosphogypsum for agricultural purposes.
61.205  Distribution and use of phosphogypsum for research and 
          development.
61.206  Distribution and use of phosphogypsum for other purposes.
61.207  Radium-226 sampling and measurement procedures.
61.208  Certification requirements.
61.209  Required records.
61.210  Exemption from the reporting and testing requirements of 40 CFR 
          61.10.

                          Subpart S--[Reserved]

  Subpart T--National Emission Standards for Radon Emissions From the 
                    Disposal of Uranium Mill Tailings

61.220  Designation of facilities.
61.221  Definitions.
61.222  Standard.
61.223  Compliance procedures.
61.224  Recordkeeping requirements.
61.225  Exemption from the reporting and testing requirements of 40 CFR 
          61.10.
61.226  Reconsideration of rescission and reinstatement of this subpart.

                          Subpart U--[Reserved]

  Subpart V--National Emission Standard for Equipment Leaks (Fugitive 
                            Emission Sources)

61.240  Applicability and designation of sources.
61.241  Definitions.
61.242-1  Standards: General.
61.242-2  Standards: Pumps.
61.242-3  Standards: Compressors.
61.242-4  Standards: Pressure relief devices in gas/vapor service.
61.242-5  Standards: Sampling connection systems.
61.242-6  Standards: Open-ended valves or lines.
61.242-7  Standards: Valves.
61.242-8  Standards: Pressure relief devices in liquid service and 
          flanges and other connectors.
61.242-9  Standards: Product accumulator vessels.
61.242-10  Standards: Delay of repair.
61.242-11  Standards: Closed-vent systems and control devices.
61.243-1  Alternative standards for valves in UHAP Service--allowable 
          percentage of valves leaking.
61.243-2  Alternative standards for valves in VHAP service--skip period 
          leak detection and repair.
61.244  Alternative means of emission limitation.
61.245  Test methods and procedures.
61.246  Recordkeeping requirements.
61.247  Reporting requirements.

    Subpart W--National Emission Standards for Radon Emissions From 
                         Operating Mill Tailings

61.250  Designation of facilities.
61.251  Definitions.
61.252  Standard.
61.253  Determining compliance.
61.254  Annual reporting requirements.
61.255  Recordkeeping requirements.
61.256  Exemption from the reporting and testing requirements of 40 CFR 
          61.10.

                          Subpart X--[Reserved]

Subpart Y--National Emission Standard for Benzene Emissions From Benzene 
                             Storage Vessels

61.270  Applicability and designation of sources.
61.271  Emission standard.
61.272  Compliance provisions.
61.273  Alternative means of emission limitation.
61.274  Initial report.
61.275  Periodic report.
61.276  Recordkeeping.
61.277  Delegation of authority.

                        Subparts Z-AA--[Reserved]

   Subpart BB--National Emission Standard for Benzene Emissions From 
                       Benzene Transfer Operations

61.300  Applicability.
61.301  Definitions.
61.302  Standards.
61.303  Monitoring requirements.
61.304  Test methods and procedures.
61.305  Reporting and recordkeeping.
61.306  Delegation of authority.

[[Page 8]]

                       Subparts CC-EE--[Reserved]

   Subpart FF--National Emission Standard for Benzene Waste Operations

61.340  Applicability.
61.341  Definitions.
61.342  Standards: General.
61.343  Standards: Tanks.
61.344  Standards: Surface impoundments.
61.345  Standards: Containers.
61.346  Standards: Individual drain systems.
61.347  Standards: Oil-water separators.
61.348  Standards: Treatment processes.
61.349  Standards: Closed-vent systems and control devices.
61.350  Standards: Delay of repair.
61.351  Alternative standards for tanks.
61.352  Alternative standards for oil-water separators.
61.353  Alternative means of emission limitation.
61.354  Monitoring of operations.
61.355  Test methods, procedures, and compliance provisions.
61.356  Recordkeeping requirements.
61.357  Reporting requirements.
61.358  Delegation of authority.
61.359  [Reserved]

Appendix A to Part 61--National Emission Standards for Hazardous Air 
          Pollutants, Compliance Status Information
Appendix B to Part 61--Test Methods
Appendix C to Part 61--Quality Assurance Procedures
Appendix D to Part 61--Methods for Estimating Radionuclide Emissions
Appendix E to Part 61--Compliance Procedures Methods for Determining 
          Compliance With Subpart I

    Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601.

    Source: 38 FR 8826, Apr. 6, 1973, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 61.01  Lists of pollutants and applicability of part 61.

    (a) The following list presents the substances that, pursuant to 
section 112 of the Act, have been designated as hazardous air 
pollutants. The Federal Register citations and dates refer to the 
publication in which the listing decision was originally published.

Asbestos (36 FR 5931; Mar. 31, 1971)
Benzene (42 FR 29332; June 8, 1977)
Beryllium (36 FR 5931; Mar. 31, 1971)
Coke Oven Emissions (49 FR 36560; Sept. 18, 1984)
Inorganic Arsenic (45 FR 37886; June 5, 1980)
Mercury (36 FR 5931; Mar. 31, 1971)
Radionuclides (44 FR 76738; Dec. 27, 1979)
Vinyl Chloride (40 FR 59532; Dec. 24, 1975)

    (b) The following list presents other substances for which a Federal 
Register notice has been published that included consideration of the 
serious health effects, including cancer, from ambient air exposure to 
the substance.

Acrylonitrile (50 FR 24319; June 10, 1985)
1,3-Butadiene (50 FR 41466; Oct. 10, 1985)
Cadmium (50 FR 42000; Oct. 16, 1985)
Carbon Tetrachloride (50 FR 32621; Aug. 13, 1985)
Chlorinated Benzenes (50 FR 32628; Aug. 13, 1985)
Chlorofluorocarbon--113 (50 FR 24313; June 10, 1985)
Chloroform (50 FR 39626; Sept. 27, 1985)
Chloroprene (50 FR 39632; Sept. 27, 1985)
Chromium (50 FR 24317; June 10, 1985)
Copper (52 FR 5496; Feb. 23, 1987)
Epichlorohydrin (50 FR 24575; June 11, 1985)
Ethylene Dichloride (50 FR 41994; Oct. 16, 1985)
Ethylene Oxide (50 FR 40286; Oct. 2, 1985)
Hexachlorocyclopentadiene (50 FR 40154; Oct. 1, 1985)
Manganese (50 FR 32627; Aug. 13, 1985)
Methyl Chloroform (50 FR 24314; June 10, 1985)
Methylene Chloride (50 FR 42037; Oct. 17, 1985)
Nickel (51 FR 34135; Sept. 25, 1986)
Perchloroethylene (50 FR 52800; Dec. 26, 1985)
Phenol (51 FR 22854; June 23, 1986)
Polycyclic Organic Matter (49 FR 31680; Aug. 8, 1984)
Toluene (49 FR 22195; May 25, 1984)
Trichloroethylene (50 FR 52422; Dec. 23, 1985)
Vinylidene Chloride (50 FR 32632; Aug. 13, 1985)
Zinc and Zinc Oxide (52 FR 32597, Aug. 28, 1987)

    (c) This part applies to the owner or operator of any stationary 
source for which a standard is prescribed under this part.
    (d) In addition to complying with the provisions of this part, the 
owner or operator of a stationary source subject to a standard in this 
part may be required to obtain an operating permit issued to stationary 
sources by an authorized State air pollution control agency or by the 
Administrator of the U.S. Environmental Protection Agency (EPA) pursuant 
to title V of the Clean Air Act (Act) as amended November 15,

[[Page 9]]

1990 (42 U.S.C. 7661). For more information about obtaining an operating 
permit see part 70 of this chapter.

[50 FR 46290, Nov. 7, 1985, as amended at 51 FR 7715 and 7719, Mar. 5, 
1986; 51 FR 11022, Apr. 1, 1986; 52 FR 37617, Oct. 8, 1987; 59 FR 12429, 
Mar. 16, 1994]



Sec. 61.02  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
    Administrator means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    Alternative method means any method of sampling and analyzing for an 
air pollutant which is not a reference method but which has been 
demonstrated to the Administrator's satisfaction to produce results 
adequate for the Administrator's determination of compliance.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to title V 
of the Act (42 U.S.C. 7661).
    Capital expenditure means an expenditure for a physical or 
operational change to a stationary source which exceeds the product of 
the applicable ``annual asset guideline repair allowance percentage'' 
specified in the latest edition of Internal Revenue Service (IRS) 
Publication 534 and the stationary source's basis, as defined by section 
1012 of the Internal Revenue Code. However, the total expenditure for a 
physical or operational change to a stationary source must not be 
reduced by any ``excluded additions'' as defined for stationary sources 
constructed after December 31, 1981, in IRS Publication 534, as would be 
done for tax purposes. In addition, ``annual asset guideline repair 
allowance'' may be used even though it is excluded for tax purposes in 
IRS Publication 534.
    Commenced means, with respect to the definition of ``new source'' in 
section 111(a)(2) of the Act, that an owner or operator has undertaken a 
continuous program of construction or modification or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of construction 
or modification.
    Compliance schedule means the date or dates by which a source or 
category of sources is required to comply with the standards of this 
part and with any steps toward such compliance which are set forth in a 
waiver of compliance under Sec. 61.11.
    Construction means fabrication, erection, or installation of an 
affected facility.
    Effective date is the date of promulgation in the Federal Register 
of an applicable standard or other regulation under this part.
    Existing source means any stationary source which is not a new 
source.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When the 
EPA is the permitting authority, issuance of a title V permit occurs 
immediately after the EPA takes final action on the final permit.
    Monitoring system means any system, required under the monitoring 
sections in applicable subparts, used to sample and condition (if 
applicable), to analyze, and to provide a record of emissions or process 
parameters.
    New source means any stationary source, the construction or 
modification of which is commenced after the publication in the Federal 
Register  of proposed national emission standards for hazardous air 
pollutants which will be applicable to such source.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a stationary source.
    Part 70 permit means any permit issued, renewed, or revised pursuant 
to part 70 of this chapter.
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act

[[Page 10]]

and regulations codified in this chapter.
    Permitting authority means:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661).
    Reference method means any method of sampling and analyzing for an 
air pollutant, as described in Appendix B to this part.
    Run means the net period of time during which an emission sample is 
collected. Unless otherwise specified, a run may be either intermittent 
or continuous within the limits of good engineering practice.
    Standard means a national emission standard including a design, 
equipment, work practice or operational standard for a hazardous air 
pollutant proposed or promulgated under this part.
    Startup means the setting in operation of a stationary source for 
any purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement:
    (1) The provisions of this part; and/or
    (2) The permit program established under part 70 of this chapter. 
The term State shall have its conventional meaning where clear from the 
context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant which has been 
designated as hazardous by the Administrator.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established to implement title V of the 
Act (42 U.S.C. 7661). A title V permit issued by a State permitting 
authority is called a part 70 permit in this part.

[44 FR 55174, Sept. 25, 1979, as amended at 50 FR 46290, Nov. 7, 1985; 
59 FR 12429, Mar. 16, 1994]



Sec. 61.03  Units and abbreviations.

    Used in this part are abbreviations and symbols of units of measure. 
These are defined as follows:
    (a) System International (SI) units of measure:

A=ampere
g=gram
Hz=hertz
J=joule
K=degree Kelvin
kg=kilogram
m=meter
m2=square meter
m3=cubic meter
mg=milligram=10-3 gram
mm=millimeter=10-3 meter
Mg=megagram=10-6 gram
mol=mole
N=newton
ng=nanogram=10-9 gram
nm=nanometer=10-9 meter
Pa=pascal
s=second
V=volt
W=watt
=ohm
g=microgram=10-6 gram

    (b) Other units of measure:

 deg.C=degree Celsius (centigrade)
cfm=cubic feet per minute
cc=cubic centimeter
Ci=curie
d=day
 deg.F=degree Fahrenheit
ft2=square feet
ft3=cubic feet
gal=gallon
in=inch
in Hg=inches of mercury
in H2O=inches of water
l=liter
lb=pound
lpm=liter per minute
min=minute
ml=milliliter=10-3 liter
mrem=millirem=10-3 rem
oz=ounces
pCi=picocurie=10-12 curie
psig=pounds per square inch gage
 deg.R=degree Rankine
l=microliter=10-6 liter
v/v=volume per volume
yd2=square yards
yr=year

    (c) Chemical nomenclature:

Be=beryllium
Hg=mercury
H2O=water


[[Page 11]]


    (d) Miscellaneous:

act=actual
avg=average
I.D.=inside diameter
M=molar
N=normal
O.D.=outside diameter
%=percent
std=standard

[42 FR 51574, Sept. 29, 1977, as amended at 54 FR 51704, Dec. 15, 1989]



Sec. 61.04   Address.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted in duplicate to the appropriate Regional Office of the U.S. 
Environmental Protection Agency to the attention of the Director of the 
Division indicated in the following list of EPA Regional Offices.

Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Air Management Division, U.S. Environmental 
Protection Agency, John F. Kennedy Federal Building, Boston, MA 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, 
Air and Waste Management Division, U.S. Environmental Protection Agency, 
Federal Office Building, 26 Federal Plaza (Foley Square), New York, NY 
10278.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air and Waste Management Division, 
U.S. Environmental Protection Agency, Curtis Building, Sixth and Walnut 
Streets, Philadelphia, PA 19106.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air and Waste Management 
Division, U.S. Environmental Protection Agency, 345 Courtland Street, 
NE., Atlanta, GA 30365.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air Management Division, U.S. Environmental Protection Agency, 
230 South Dearborn Street, Chicago, IL 60604.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); Director; 
Air, Pesticides, and Toxics Division; U.S. Environmental Protection 
Agency, 1445 Ross Avenue, Dallas, TX 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Toxics 
Division, U.S. Environmental Protection Agency, 726 Minnesota Avenue, 
Kansas City, KS 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming), Director, Air and Waste Management Division, U.S. 
Environmental Protection Agency, 1860 Lincoln Street, Denver, CO 80295.
Region IX (American Samoa, Arizona, California, Guam, Hawaii, Nevada), 
Director, Air and Waste Management Division, U.S. Environmental 
Protection Agency, 215 Fremont Street, San Francisco, CA 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and Waste 
Management Division, U.S. Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, WA 98101.

    (b) Section 112(d) directs the Administrator to delegate to each 
State, when appropriate, the authority to implement and enforce national 
emission standards for hazardous air pollutants for stationary sources 
located in such State. If the authority to implement and enforce a 
standard under this part has been delegated to a State, all information 
required to be submitted to EPA under paragraph (a) of this section 
shall also be submitted to the appropriate State agency (provided, that 
each specific delegation may exempt sources from a certain Federal or 
State reporting requirement). The Administrator may permit all or some 
of the information to be submitted to the appropriate State agency only, 
instead of to EPA and the State agency. The appropriate mailing address 
for those States whose delegation request has been approved is as 
follows:

    (A) [Reserved]
    (B) State of Alabama, Air Pollution Control Division, Air Pollution 
Control Commission, 645 S. McDonough Street, Montgomery, AL 36104.
    (C) State of Alaska, Department of Environmental Conservation, 3220 
Hospital Drive, Juneau, AK 99811.
    (D) Arizona.

Arizona Department of Health Services, 1740 West Adams Street, Phoenix, 
          AZ 85007.
Maricopa County Department of Health Services, Bureau of Air Pollution 
          Control, 1825 East Roosevelt Street, Phoenix, AZ 85006.
Pima County Health Department, Air Quality Control District, 151 West 
          Congress, Tucson, AZ 85701.

    (E) State of Arkansas: Chief, Division of Air Pollution Control, 
Arkansas Department of Pollution Control and Ecology, 8001 National 
Drive, P.O. Box 9583, Little Rock, AR 72209.
    (F) California.


[[Page 12]]


Amador County Air Pollution Control District, P.O. Box 430, 810 Court 
Street, Jackson, CA 95642.
Bay Area Air Pollution Control District, 939 Ellis Street, San 
          Francisco, CA 94109.
Butte County Air Pollution Control District, P.O. Box 1229, 316 Nelson 
Avenue, Oroville, CA 95965.
Calaveras County Air Pollution Control District, Government Center, El 
Dorado Road, San Andreas, CA 95249.
Colusa County Air Pollution Control District, 751 Fremont Street, 
Colusa, CA 95952.
El Dorado Air Pollution Control District, 330 Fair Lane, Placerville, CA 
95667.
Fresno County Air Pollution Control District, 1221 Fulton Mall, Fresno, 
CA 93721.
Glenn County Air Pollution Control District, P.O. Box 351, 720 North 
Colusa Street, Willows, CA 95988.
Great Basin Unified Air Pollution Control District, 157 Short Street, 
suite 6, Bishop, CA 93514.
Imperial County Air Pollution Control District, County Services 
Building, 939 West Main Street, El Centro, CA 92243.
Kern County Air Pollution Control District, 1601 H Street, suite 250, 
Bakersfield, CA 93301.
Kings County Air Pollution Control District, 330 Campus Drive, Hanford, 
CA 93230.
Lake County Air Pollution Control District, 255 North Forbes Street, 
Lakeport, CA 95453.
Lassen County Air Pollution Control District, 175 Russell Avenue, 
Susanville, CA 96130.
Madera County Air Pollution Control District, 135 West Yosemite Avenue, 
          Madera, CA 93637.
Mariposa County Air Pollution Control District, Box 5, Mariposa, CA 
95338.
Mendocino County Air Pollution Control District, County Courthouse, 
          Ukiah, CA 94582.
Merced County Air Pollution Control District, P.O. Box 471, 240 East 
15th Street, Merced, CA 95340.
Modoc County Air Pollution Control District, 202 West 4th Street, 
Alturas, CA 96101.
Monterey Bay Unified Air Pollution Control, 1164 Monroe Street, Suite 
10, Salinas, CA 93906.
Nevada County Air Pollution Control District, H.E.W. Complex, Nevada 
City, CA 95959.
North Coast Unified Air Quality Management District, 5630 South 
Broadway, Eureka CA 95501.
Northern Sonoma County Air Pollution Control District, 134 ``A'' Avenue, 
Auburn, CA 95448.
Placer County Air Pollution Control District, 11491 ``B'' Avenue, 
Auburn, CA 95603.
Plumas County Air Pollution Control District, P.O. Box 480, Quincy, CA 
95971.
Sacramento County Air Pollution Control District, 3701 Branch Center 
          Road, Sacramento, CA 95827.
San Bernardino County Air Pollution Control District, 15579-8th, 
Victorville, CA 92392.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
          San Diego, CA 92123.
San Joaquin County Air Pollution Control District, 1601 East Hazelton 
          Street (P.O. Box 2009), Stockton, CA 95201.
San Luis Obispo County Air Pollution Control District, P.O. Box 637, San 
Luis Obispo, CA 93406.
Santa Barbara County Air Pollution Control District, 315 Camino del 
Rimedio, Santa Barbara, CA 93110.
Shasta County Air Pollution Control District, 2650 Hospital Lane, 
Redding, CA 96001.
Sierra County Air Pollution Control District, P.O. Box 286, Downieville, 
CA 95936.
Siskiyou County Air Pollution Control District, 525 South Foothill 
Drive, Yreka, CA 96097.
South Coast Air Quality Management District, 9150 Flair Drive, El Monte, 
CA 91731.
Stanislaus County Air Pollution Control District, 1030 Scenic Drive, 
Modesto, CA 95350.
Sutter County Air Pollution Control District, Sutter County Office 
Building, 142 Garden Highway, Yuba City, CA 95991.
Tehama County Air Pollution Control District, P.O. Box 38, 1760 Walnut 
Street, Red Bluff, CA 96080.
Tulare County Air Pollution Control District, County Civic Center, 
Visalia, CA 93277.
Tuolumne County Air Pollution Control District, 9 North Washington 
Street, Sonora, CA 95370.
Ventura County Air Pollution Control District, 800 South Victoria 
Avenue, Ventura, CA 93009.
Yolo-Solano Air Pollution Control District, P.O. Box 1006, 323 First 
Street, 5, Woodland, CA 95695.
    (G) State of Colorado, Department of Health, Air Pollution Control 
Division, 4210 East 11th Avenue, Denver, CO 80220.

    Note: For a table listing Region VIII's NESHAPs delegation status, 
see paragraph (c) of this section.

    (H) State of Connecticut, Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 165 Capitol Avenue, 
Hartford, CT 06106.
    (I) State of Delaware:
Delaware Department of Natural Resources and Environmental Control, 
Tatnall Building, P.O. Box 1401, Dover, DE 19901.
    (J) [Reserved]
    (K) Bureau of Air Quality Management, Department of Environmental 
Regulation,

[[Page 13]]

Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, FL 
32301.
    (L) State of Georgia, Environmental Protection Division, Department 
of Natural Resources, 270 Washington Street, SW., Atlanta, GA 30334.
    (M) Hawaii Department of Health, 1250 Punchbowl Street, Honolulu, HI 
96813.
Hawaii Department of Health (mailing address), Post Office Box 3378, 
Honolulu, HI 96801.
    (N)-(O) [Reserved]
    (P) State of Indiana, Indiana Department of Environmental 
Management, 105 South Meridian Street, P.O. Box 6015, Indianapolis, IN 
46206.
    (Q) State of Iowa: Iowa Department of Natural Resources, 
Environmental Protection Division, Henry A. Wallace Building, 900 East 
Grand, Des Moines, IA 50319.
    (R) State of Kansas: Kansas Department of Health and Environment, 
Bureau of Air Quality and Radiation Control, Forbes Field, Topeka, KS 
66620.
    (S) Division of Air Pollution Control, Department for Natural 
Resources and Environmental Protection, U.S. 127, Frankfort, KY 40601.
    (T) State of Louisiana: Program Administrator, Air Quality Division, 
Louisiana Department of Environmental Quality, P.O. Box 44096, Baton 
Rouge, LA 70804.
    (U) State of Maine, Bureau of Air Quality Control, Department of 
Environmental Protection, State House, Station No. 17, Augusta, ME 
04333.
    (V) State of Maryland, Bureau of Air Quality and Noise Control, 
Maryland State Department of Health and Mental Hygiene, 201 West Preston 
Street, Baltimore, MD 21201.
    (W) Commonwealth of Massachusetts, Division of Air Quality Control, 
Department of Environmental Protection, One Winter Street, 7th floor, 
Boston, MA 02108.
    (X) State of Michigan, Air Pollution Control Division, Michigan 
Department of Natural Resources, Stevens T. Mason Building, 8th Floor, 
Lansing, MI 48926.
    (Y) Minnesota Pollution Control Agency, Division of Air Quality, 520 
Lafayette Road, St. Paul, MN 55155.
    (Z) Bureau of Pollution Control, Department of Natural Resources, 
P.O. Box 10385, Jackson, MS 39209.
    (AA) State of Missouri: Missouri Department of Natural Resources, 
Division of Environmental Quality, P.O. Box 176, Jefferson City, MO 
65102.
    (BB) State of Montana, Department of Health and Environmental 
Services, Air Quality Bureau, Cogswell Building, Helena, MT 59601.

    Note: For a table listing Region VIII's NESHAPs delegation status, 
see paragraph (c) of this section.

    (CC) State of Nebraska, Nebraska Department of Environmental 
Control, P.O. Box 94877, State House Station, Lincoln, NE 68509.
Lincoln-Lancaster County Health Department, Division of Environmental 
          Health, 2200 St. Marys Avenue, Lincoln, NE 68502.
    (DD) Nevada.
Clark County, County District Health Department, Air Pollution Control 
          Division, 625 Shadow Lane, Las Vegas, NV 89106.
Nevada Department of Conservation and Natural Resources, Division of 
          Environmental Protection, 201 South Fall Street, Carson City, 
          NV 89710.
Washoe County District Health Department, Division of Environmental 
          Protection, 10 Kirman Avenue, Reno, NV 89502.
    (EE) State of New Hampshire, Air Resources Division, Department of 
Environmental Services, 64 North Main Street, Caller Box 2033, Concord, 
NH 03302-2033.
    (FF) State of New Jersey: New Jersey Department of Environmental 
Protection, John Fitch Plaza, P.O. Box 2807, Trenton, NJ 08625.
    (GG) State of New Mexico: Director, New Mexico Environmental 
Improvement Division, Health and Environment Department, 1190 St. 
Francis Drive, Santa Fe, NM 87503.
    (i) The City of Albuquerque and Bernalillo County: Director, The 
Albuquerque Environmental Health Department, The City of Albuquerque, 
P.O. Box 1293, Albuquerque, NM 87103.
    (HH) New York: New York State Department of Environmental 
Conservation, 50 Wolf Road, Albany, NY 12233, attention: Division of Air 
Resources.
    (II) North Carolina Environmental Management Commission, Department 
of Natural and Economic Resources, Division of Environmental Management, 
P.O. Box 27687, Raleigh, NC 27611. Attention: Air Quality Section.
    (JJ) State of North Dakota, State Department of Health and 
Consolidated Laboratories, Division of Environmental Engineering, State 
Capitol, Bismarck, ND 58505.

    Note: For a table listing Region VIII's NESHAPs delegation status, 
see paragraph (c) of this section.

    (KK) State of Ohio--
    (i) Medina, Summit and Portage Counties: Director, Akron Regional 
Air Quality Management District, 177 South Broadway, Akron, OH 44308.
    (ii) Stark County: Director, Air Pollution Control Division, Canton 
City Health Department, City Hall Annex Second Floor, 218 Cleveland 
Avenue S.W., Canton, OH 44702.
    (iii) Butler, Clermont, Hamilton and Warren Counties: Director, 
Southwestern Ohio Air Pollution Control Agency, 2400 Beekman Street, 
Cincinnati, OH 45214.

[[Page 14]]

    (iv) Cuyahoga County: Commissioner, Division of Air Pollution 
Control, Department of Public Health and Welfare, 2735 Broadway Avenue, 
Cleveland, OH 44115.
    (v) Belmont, Carroll, Columbiana, Harrison, Jefferson, and Monroe 
Counties: Director, North Ohio Valley Air Authority (NOVAA), 814 Adams 
Street, Steubenville, OH 43952.
    (vi) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties: 
Supervisor, Regional Air Pollution Control Agency (RAPCA), Montgomery 
County Health Department, 451 West Third Street, Dayton, OH 45402.
    (vii) Lucas County and the City of Rossford (in Wood County): 
Director, Toledo Environmental Services Agency, 26 Main Street, Toledo, 
OH 43605.
    (viii) Adams, Brown, Lawrence, and Scioto Counties: Engineer-
Director, Air Division, Portsmouth City Health Department, 740 Second 
Street, Portsmouth, OH 45662.
    (ix) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton, 
Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding, Putnam, 
Richland, Sandusky, Seneca, Van West, Williams, Wood (except City of 
Rossford), and Wyandot Counties: Ohio Environmental Protection Agency, 
Northwest District Office, Air Pollution Unit, 1035 Dezlaz Grove Drive, 
Bowling Green, OH 43402.
    (x) Ashtabula, Holmes, Lorain, and Wayne Counties: Ohio 
Environmental Protection Agency, Northeast District Office, Air 
Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
    (xi) Athens, Coshocton, Gallia, Guernsey, Hocking, Jackson, Meigs, 
Morgan, Muskingum, Noble, Perry, Pike, Ross, Tuscarawas, Vinton, and 
Washington Counties: Ohio Environmental Protection Agency, Southeast 
District Office, Air Pollution Unit, 2195 Front Street, Logan, OH 43138.
    (xii) Champaign, Clinton, Highland, Logan, and Shelby Counties: Ohio 
Environmental Protection Agency, Southwest District Office, Air 
Pollution Unit, East Fourth Street, Dayton, OH 45402.
    (xiii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking, 
Madison, Morrow, Pickaway, and Union Counties; Ohio Environmental 
Protection Agency, Central District Office, Air Pollution Unit, P.O. Box 
1049, Columbus, OH 43266-0149.
    (xiv) Geauga and Lake Counties: Lake County General Health District, 
Air Pollution Control, 105 Main Street, Painesville, OH 44077.
    (xv) Mahoning and Trumbull Counties: Mahoning-Trumbull Air Pollution 
Control Agency, 9 West Front Street, Youngstown, OH 44503.
    (LL) State of Oklahoma, Oklahoma State Department of Health, Air 
Quality Service, P.O. Box 53551, Oklahoma City, OK 73152.
    (i) Oklahoma City and County: Director, Oklahoma City-County Health 
Department, 921 Northeast 23rd Street, Oklahoma City, OK 73105.
    (ii) Tulsa County: Tulsa City-County Health Department, 4616 East 
Fifteenth Street, Tulsa, OK 74112.
    (MM) State of Oregon, Department of Environmental Quality, Yeon 
Building, 522 SW. Fifth, Portland, OR 97204.
    (i)-(vii) [Reserved]
    (viii) Lane Regional Air Pollution Authority, 225 North Fifth, suite 
501, Springfield, OR 97477.
    (NN) Pennsylvania.
    (i) City of Philadelphia: Philadelphia Department of Public Health, 
Air Management Services, 500 S. Broad Street, Philadelphia, PA 19146.
    (ii) Commonwealth of Pennsylvania: Department of Environmental 
Resources, Post Office Box 2063, Harrisburg, PA 17120.
    (iii) Allegheny County: Allegheny County Health Department, Bureau 
of Air Pollution Control, 301 Thirty-ninth Street, Pittsburgh, PA 15201.
    (OO) State of Rhode Island, Division of Air and Hazardous Materials, 
Department of Environmental Management, 291 Promenade Street, 
Providence, RI 02908.
    (PP) State of South Carolina, Office of Environmental Quality 
Control, Department of Health and Environmental Control, 2600 Bull 
Street, Columbia, SC 29201.
    (QQ) State of South Dakota, Department of Water and Natural 
Resources, Office of Air Quality and Solid Waste, Joe Foss Building, 523 
East Capitol, Pierre, SD 57501-3181.

    Note: For a table listing Region VIII's NESHAPs delegation status, 
see paragraph (c) of this section.

    (RR) Division of Air Pollution Control, Tennessee Department of 
Public Health, 256 Capitol Hill Building, Nashville, TN 37219.
    Knox County Department of Air Pollution, City/County Building, room 
L222, 400 Main Avenue, Knoxville, TN 37902.
    Air Pollution Control Bureau, Metropolitan Health Department, 311 
23rd Avenue North, Nashville, TN 37203.
    (SS) State of Texas, Texas Air Control Board, 6330 Highway 290 East, 
Austin, TX 78723.
    (TT) State of Utah, Department of Health, Bureau of Air Quality, 288 
North 1460 West, P.O. Box 16690, Salt Lake City, UT 84116-0690.

    Note: For a table listing Region VIII's NESHAPs delegation status, 
see paragraph (c) of this section.

    (UU) State of Vermont, Air Pollution Control Division, Agency of 
Natural Resources, Building 3 South, 103 South Main Street, Waterbury, 
VT 05676.
    (VV) Commonwealth of Virginia, Virginia State Air Pollution Control 
Board, room

[[Page 15]]

1106, Ninth Street Office Building, Richmond, VA 23219.
    (WW)(i) Washington; State of Washington, Department of Ecology, 
Olympia, WA 98504.
    (ii) Northwest Air Pollution Authority, 207 Pioneer Building, Second 
and Pine Streets, Mount Vernon, WA 98273.
    (iii) Puget Sound Air Pollution Control Agency, 200 West Mercer 
Street, room 205, Seattle, WA 98119-3958.
    (iv) Spokane County Air Pollution Control Authority, North 811 
Jefferson, Spokane, WA 99201.
    (v) Yakima County Clean Air Authority, County Courthouse, Yakima, WA 
98901.
    (vi) Olympic Air Pollution Control Authority, 120 East State Avenue, 
Olympia, WA 98501.
    (vii) Southwest Air Pollution Control Authority, suite 7601 H, NE 
Hazel Dell Avenue, Vancouver, WA 98665.
    (viii) Grant County Clean Air Authority, P.O. Box 37, Ephrata, WA 
98823.
    (XX) State of West Virginia: Air Pollution Control Commission, 1558 
Washington Street, East, Charleston, WV 25311.
    (YY) Wisconsin--Wisconsin Department of Natural Resources, P.O. Box 
7921, Madison, WI 53707.
    (ZZ)-(AAA) [Reserved]
    (BBB) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico 
Environmental Quality Board, P.O. Box 11785, Santurce, PR 00910.
    (CCC) U.S. Virgin Islands: U.S. Virgin Islands Department of 
Conservation and Cultural Affairs, P.O. Box 578, Charlotte Amalie, St. 
Thomas, U.S. Virgin Islands 00801.

    (c) The following is a table indicating the delegation status of 
National Emission Standards for Hazardous Air Pollutants in Region VIII.

         Region VIII.--Delegation Status of National Emission Standards for Hazardous Air Pollutants \1\        
----------------------------------------------------------------------------------------------------------------
                       Subpart                           CO      MT \2\    ND \2\    SD \2\    UT \2\      WY   
----------------------------------------------------------------------------------------------------------------
A  General Provisions...............................        *         *         *         *         *           
B  Radon Emissions from Underground Uranium Mines...  ........  ........  ........  ........        *           
C  Beryllium........................................        *         *         *   ........        *           
D  Beryllium Rocket Motor Firing....................        *         *         *   ........        *           
E  Mercury..........................................        *         *         *   ........        *           
F  Vinyl Chloride...................................        *         *         *   ........        *           
H  Emissions of Radionuclides other than Radon from                                                             
 Department of Energy Facilities....................  ........  ........  ........  ........  ........          
I  Radionuclide Emissions from Facilities Licensed                                                              
 by the Nuclear Regulatory Commission and Federal                                                               
 Facilities not covered by Subpart H................                                                            
J  Equipment Leaks (Fugitive Emission Sources) of                                                               
 Benzene............................................        *         *         *   ........        *           
K  Radionuclide Emissions from Elemental Phosphorus                                                             
 Plants.............................................  ........  ........  ........  ........  ........          
L  Benzene Emissions from Coke By-Product Recovery                                                              
 Plants.............................................  ........        *         *   ........        *           
M  Asbestos.........................................        *         *         *         *         *      *\3\ 
N  Inorganic Arsenic Emissions from Glass                                                                       
 Manufacturing Plants...............................  ........        *         *   ........        *           
O  Inorganic Arsenic Emissions from Primary Copper                                                              
 Smelters...........................................  ........        *         *   ........        *           
P  Inorganic Arsenic Emissions from Arsenic Trioxide                                                            
 and Metallic Arsenic Production Facilities.........  ........        *         *   ........        *           
Q  Radon Emissions from Department of Energy                                                                    
 Facilities.........................................  ........  ........  ........  ........        *           
R  Radon Emission from Phosphogypsum Stacks.........  ........  ........  ........  ........        *           
T  Radon Emissions from the Disposal of Uranium Mill                                                            
 Tailings...........................................  ........  ........  ........  ........        *           
V  Equipment Leaks (Fugitive Emission Sources)......  ........        *         *   ........        *           
W  Radon Emissions from Operating Mill Tailings.....  ........  ........  ........  ........        *           
Y  Benzene Emissions from Benzene Storage Vessels...  ........        *         *   ........        *           
BB  Benzene Emission from Benzene Transfer                                                                      
 Operations.........................................  ........        *         *   ........        *           
FF  Benzene Waste Operations........................  ........        *         *   ........       *            
----------------------------------------------------------------------------------------------------------------
*Indicates approval of delegation of subpart to state.                                                          
\1\ Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c),    
  61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174 (a)(2), 61.174(a)(3), 61.242-    
  1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority.   
\2\ Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State         
  Implementation Plan (SIP) with the exception of the radionuclide NESHAP Subparts B, Q, R, T, W which were     
  approved through Section 112(l) of the Clean Air Act.                                                         
\3\ Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,   
  insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating      
  operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that   
  convert asbestos-containing waste material into nonasbestos (asbestos-free) material.                         


[40 FR 18170, Apr. 25, 1975]

    Editorial Note: For Federal Register citations to Sec. 61.04 see the 
List of CFR Sections Affected appearing in the Finding Aids section of 
this volume.

[[Page 16]]



Sec. 61.05   Prohibited activities.

    (a) After the effective date of any standard, no owner or operator 
shall construct or modify any stationary source subject to that standard 
without first obtaining written approval from the Administrator in 
accordance with this subpart, except under an exemption granted by the 
President under section 112(c)(2) of the Act. Sources, the construction 
or modification of which commenced after the publication date of the 
standards proposed to be applicable to the sources, are subject to this 
prohibition.
    (b) After the effective date of any standard, no owner or operator 
shall operate a new stationary source subject to that standard in 
violation of the standard, except under an exemption granted by the 
President under section 112(c)(2) of the Act.
    (c) Ninety days after the effective date of any standard, no owner 
or operator shall operate any existing source subject to that standard 
in violation of the standard, except under a waiver granted by the 
Administrator under this part or under an exemption granted by the 
President under section 112(c)(2) of the Act.
    (d) No owner or operator subject to the provisions of this part 
shall fail to report, revise reports, or report source test results as 
required under this part.

[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46291, Nov. 7, 1985]



Sec. 61.06  Determination of construction or modification.

    An owner or operator may submit to the Administrator a written 
application for a determination of whether actions intended to be taken 
by the owner or operator constitute construction or modification, or 
commencement thereof, of a source subject to a standard. The 
Administrator will notify the owner or operator of his determination 
within 30 days after receiving sufficient information to evaluate the 
application.

[50 FR 46291, Nov. 7, 1985]



Sec. 61.07  Application for approval of construction or modification.

    (a) The owner or operator shall submit to the Administrator an 
application for approval of the construction of any new source or 
modification of any existing source. The application shall be submitted 
before the construction or modification is planned to commence, or 
within 30 days after the effective date if the construction or 
modification had commenced before the effective date and initial startup 
has not occurred. A separate application shall be submitted for each 
stationary source.
    (b) Each application for approval of construction shall include--
    (1) The name and address of the applicant;
    (2) The location or proposed location of the source; and
    (3) Technical information describing the proposed nature, size, 
design, operating design capacity, and method of operation of the 
source, including a description of any equipment to be used for control 
of emissions. Such technical information shall include calculations of 
emission estimates in sufficient detail to permit assessment of the 
validity of the calculations.
    (c) Each application for approval of modification shall include, in 
addition to the information required in paragraph (b) of this section--
    (1) The precise nature of the proposed changes;
    (2) The productive capacity of the source before and after the 
changes are completed; and
    (3) Calculations of estimates of emissions before and after the 
changes are completed, in sufficient detail to permit assessment of the 
validity of the calculations.

[50 FR 46291, Nov. 7, 1985]



Sec. 61.08  Approval of construction or modification.

    (a) The Administrator will notify the owner or operator of approval 
or intention to deny approval of construction or modification within 60 
days after receipt of sufficient information to evaluate an application 
under Sec. 61.07.
    (b) If the Administrator determines that a stationary source for 
which an application under Sec. 61.07 was submitted will not cause 
emissions in violation of a standard if properly operated, the 
Administrator will approve the construction or modification.

[[Page 17]]

    (c) Before denying any application for approval of construction or 
modification, the Administrator will notify the applicant of the 
Administrator's intention to issue the denial together with--
    (1) Notice of the information and findings on which the intended 
denial is based; and
    (2) Notice of opportunity for the applicant to present, within such 
time limit as the Administrator shall specify, additional information or 
arguments to the Administrator before final action on the application.
    (d) A final determination to deny any application for approval will 
be in writing and will specify the grounds on which the denial is based. 
The final determination will be made within 60 days of presentation of 
additional information or arguments, or 60 days after the final date 
specified for presentation if no presentation is made.
    (e) Neither the submission of an application for approval nor the 
Administrator's approval of construction or modification shall--
    (1) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or of any other 
applicable Federal, State, or local requirement; or
    (2) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.

[50 FR 46291, Nov. 7, 1985]



Sec. 61.09  Notification of startup.

    (a) The owner or operator of each stationary source which has an 
initial startup after the effective date of a standard shall furnish the 
Administrator with written notification as follows:
    (1) A notification of the anticipated date of initial startup of the 
source not more than 60 days nor less than 30 days before that date.
    (2) A notification of the actual date of initial startup of the 
source within 15 days after that date.
    (b) If any State or local agency requires a notice which contains 
all the information required in the notification in paragraph (a) of 
this section, sending the Administrator a copy of that notification will 
satisfy paragraph (a) of this section.

[50 FR 46291, Nov. 7, 1985]



Sec. 61.10   Source reporting and waiver request.

    (a) The owner or operator of each existing source or each new source 
which had an initial startup before the effective date shall provide the 
following information in writing to the Administrator within 90 days 
after the effective date:
    (1) Name and address of the owner or operator.
    (2) The location of the source.
    (3) The type of hazardous pollutants emitted by the stationary 
source.
    (4) A brief description of the nature, size, design, and method of 
operation of the stationary source including the operating design 
capacity of the source. Identify each point of emission for each 
hazardous pollutant.
    (5) The average weight per month of the hazardous materials being 
processed by the source, over the last 12 months preceding the date of 
the report.
    (6) A description of the existing control equipment for each 
emission point including--
    (i) Each control device for each hazardous pollutant; and
    (ii) Estimated control efficiency (percent) for each control device.
    (7) A statement by the owner or operator of the source as to whether 
the source can comply with the standards within 90 days after the 
effective date.
    (b) The owner or operator of an existing source unable to comply 
with an applicable standard may request a waiver of compliance with that 
standard for a period not exceeding 2 years after the effective date. 
Any request shall be in writing and shall include the following 
information:
    (1) A description of the controls to be installed to comply with the 
standard.
    (2) A compliance schedule, including the date each step toward 
compliance will be reached. The list shall include as a minimum the 
following dates:
    (i) Date by which contracts for emission control systems or process 
changes for emission control will be awarded, or date by which orders 
will

[[Page 18]]

be issued for the purchase of component parts to accomplish emission 
control or process changes;
    (ii) Date of initiation of onsite construction or installation of 
emission control equipment or process change;
    (iii) Date by which onsite construction or installation of emission 
control equipment or process change is to be completed; and
    (iv) Date by which final compliance is to be achieved.
    (3) A description of interim emission control steps which will be 
taken during the waiver period.
    (c) Any change in the information provided under paragraph (a) of 
this section or Sec. 61.07(b) shall be provided to the Administrator 
within 30 days after the change. However, if any change will result from 
modification of the source, Secs. 61.07(c) and 61.08 apply.
    (d) A possible format for reporting under this section is included 
as appendix A of this part. Advice on reporting the status of compliance 
may be obtained from the Administrator.
    (e) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (f) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, report, or other written communication to the 
Administrator, the owner or operator shall postmark the submittal on or 
before the number of days specified in the applicable requirement. For 
example, if a notification must be submitted 15 days before a particular 
event is scheduled to take place, the notification shall be postmarked 
on or before 15 days preceding the event; likewise, if a notification 
must be submitted 15 days after a particular event takes place, the 
notification shall be postmarked on or before 15 days following the end 
of the event. The use of reliable non-Government mail carriers that 
provide indications of verifiable delivery of information required to be 
submitted to the Administrator, similar to the postmark provided by the 
U.S. Postal Service, or alternative means of delivery agreed to by the 
permitting authority, is acceptable.
    (g) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in paragraph (j) of this section.
    (h) If an owner or operator of a stationary source in a State with 
delegated authority is required to submit reports under this part to the 
State, and if the State has an established timeline for the submission 
of reports that is consistent with the reporting frequency(ies) 
specified for such source under this part, the owner or operator may 
change the dates by which reports under this part shall be submitted 
(without changing the frequency of reporting) to be consistent with the 
State's schedule by mutual agreement between the owner or operator and 
the State. The allowance in the previous sentence applies in each State 
beginning 1 year after the source is required to be in compliance with 
the applicable subpart in this part. Procedures governing the 
implementation of this provision are specified in paragraph (j) of this 
section.
    (i) If an owner or operator supervises one or more stationary 
sources affected by standards set under this part and standards set 
under part 60, part 63, or both such parts of this chapter, he/she may 
arrange by mutual agreement between the owner or operator and the 
Administrator (or the State with an approved permit program) a common 
schedule on which reports required by each applicable standard shall be 
submitted throughout the year. The allowance in the previous sentence 
applies in each State beginning 1 year after the source is required to 
be in compliance with the applicable subpart in this part, or 1 year 
after the source is required to be in compliance with the applicable 
part 60 or part 63 standard,

[[Page 19]]

whichever is latest. Procedures governing the implementation of this 
provision are specified in paragraph (j) of this section.
    (j)(1)(i) Until an adjustment of a time period or postmark deadline 
has been approved by the Administrator under paragraphs (j)(2) and 
(j)(3) of this section, the owner or operator of an affected source 
remains strictly subject to the requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (j)(2) and (j)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. An owner 
or operator who wishes to request a change in a time period or postmark 
deadline for a particular requirement shall request the adjustment in 
writing as soon as practicable before the subject activity is required 
to take place. The owner or operator shall include in the request 
whatever information he or she considers useful to convince the 
Administrator that an adjustment is warranted.
    (3) If, in the Administrator's judgment, an owner or operator's 
request for an adjustment to a particular time period or postmark 
deadline is warranted, the Administrator will approve the adjustment. 
The Administrator will notify the owner or operator in writing of 
approval or disapproval of the request for an adjustment within 15 
calendar days of receiving sufficient information to evaluate the 
request.
    (4) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.

[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46292, Nov. 7, 1985; 59 
FR 12430, Mar. 16, 1994]



Sec. 61.11  Waiver of compliance.

    (a) Based on the information provided in any request under 
Sec. 61.10, or other information, the Administrator may grant a waiver 
of compliance with a standard for a period not exceeding 2 years after 
the effective date of the standard.
    (b) The waiver will be in writing and will--
    (1) Identify the stationary source covered;
    (2) Specify the termination date of the waiver;
    (3) Specify dates by which steps toward compliance are to be taken; 
and
    (4) Specify any additional conditions which the Administrator 
determines necessary to assure installation of the necessary controls 
within the waiver period and to assure protection of the health of 
persons during the waiver period.
    (c) The Administrator may terminate the waiver at an earlier date 
than specified if any specification under paragraphs (b)(3) and (b)(4) 
of this section are not met.
    (d) Before denying any request for a waiver, the Administrator will 
notify the owner or operator making the request of the Administrator's 
intention to issue the denial, together with--
    (1) Notice of the information and findings on which the intended 
denial is based; and
    (2) Notice of opportunity for the owner or operator to present, 
within the time limit the Administrator specifies, additional 
information or arguments to the Administrator before final action on the 
request.
    (e) A final determination to deny any request for a waiver will be 
in writing and will set forth the specific grounds on which the denial 
is based. The final determination will be made within 60 days after 
presentation of additional information or argument; or within 60 days 
after the final date specified for the presentation if no presentation 
is made.
    (f) The granting of a waiver under this section shall not abrogate 
the Administrator's authority under section 114 of the Act.

[50 FR 46292, Nov. 7, 1985]

[[Page 20]]



Sec. 61.12  Compliance with standards and maintenance requirements.

    (a) Compliance with numerical emission limits shall be determined by 
emission tests established in Sec. 61.13 unless otherwise specified in 
an individual subpart.
    (b) Compliance with design, equipment, work practice or operational 
standards shall be determined as specified in an individual subpart.
    (c) The owner or operator of each stationary source shall maintain 
and operate the source, including associated equipment for air pollution 
control, in a manner consistent with good air pollution control practice 
for minimizing emissions. Determination of whether acceptable operating 
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 operating and maintenance procedures, and 
inspection of the source.
    (d)(1) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions of a pollutant 
from a source at least equivalent to the reduction in emissions of that 
pollutant from that source achieved under any design, equipment, work 
practice or operational standard, the Administrator will publish in the 
Federal Register a notice permitting the use of the alternative means 
for purposes of compliance with the standard. The notice will restrict 
the permission to the source(s) or category(ies) of sources on which the 
alternative means will achieve equivalent emission reductions. The 
notice may condition permission on requirements related to the operation 
and maintenance of the alternative means.
    (2) Any notice under paragraph (d)(1) shall be published only after 
notice and an opportunity for a hearing.
    (3) Any person seeking permission under this subsection shall, 
unless otherwise specified in the applicable subpart, submit a proposed 
test plan or the results of testing and monitoring, a description of the 
procedures followed in testing or monitoring, and a description of 
pertinent conditions during testing or monitoring.

[50 FR 46292, Nov. 7, 1985]



Sec. 61.13  Emission tests and waiver of emission tests.

    (a) If required to do emission testing by an applicable subpart and 
unless a waiver of emission testing is obtained under this section, the 
owner or operator shall test emissions from the source--
    (1) Within 90 days after the effective date, for an existing source 
or a new source which has an initial startup date before the effective 
date; or
    (2) Within 90 days after initial startup, for a new source which has 
an initial startup date after the effective date.
    (b) The Administrator may require an owner or operator to test 
emissions from the source at any other time when the action is 
authorized by section 114 of the Act.
    (c) The owner or operator shall notify the Administrator of the 
emission test at least 30 days before the emission test to allow the 
Administrator the opportunity to have an observer present during the 
test.
    (d) If required to do emission testing, the owner or operator of 
each new source and, at the request of the Administrator, the owner or 
operator of each existing source shall provide emission testing 
facilities as follows:
    (1) Sampling ports adequate for test methods applicable to each 
source.
    (2) Safe sampling platform(s).
    (3) Safe access to sampling platform(s).
    (4) Utilities for sampling and testing equipment.
    (5) Any other facilities that the Administrator needs to safely and 
properly test a source.
    (e) Each emission test shall be conducted under such conditions as 
the Administrator shall specify based on design and operational 
characteristics of the source.
    (f) Unless otherwise specified in an applicable subpart, samples 
shall be analyzed and emissions determined within 30 days after each 
emission test has been completed. The owner or operator shall report the 
determinations of the emission test to the Administrator

[[Page 21]]

by a registered letter sent before the close of business on the 31st day 
following the completion of the emission test.
    (g) The owner or operator shall retain at the source and make 
available, upon request, for inspection by the Administrator, for a 
minimum of 2 years, records of emission test results and other data 
needed to determine emissions.
    (h)(1) Emission tests shall be conducted as set forth in this 
section, the applicable subpart and appendix B unless the 
Administrator--
    (i) Specifies or approves the use of a reference method with minor 
changes in methodology; or
    (ii) Approves the use of an alternative method; or
    (iii) Waives the requirement for emission testing because the owner 
or operator of a source has demonstrated by other means to the 
Administrator's satisfaction that the source is in compliance with the 
standard.
    (2) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative method, he may require the use of a 
reference method. If the results of the reference and alternative 
methods do not agree, the results obtained by the reference method 
prevail.
    (3) The owner or operator may request approval for the use of an 
alternative method at any time, except--
    (i) For an existing source or a new source that had an initial 
startup before the effective date, any request for use of an alternative 
method during the initial emission test shall be submitted to the 
Administrator within 30 days after the effective date, or with the 
request for a waiver of compliance if one is submitted under 
Sec. 60.10(b); or
    (ii) For a new source that has an initial startup after the 
effective date, any request for use of an alternative method during the 
initial emission test shall be submitted to the Administrator no later 
than with the notification of anticipated startup required under 
Sec. 60.09.
    (i)(1) Emission tests may be waived upon written application to the 
Administrator if, in the Administrator's judgment, the source is meeting 
the standard, or the source is being operated under a waiver or 
compliance, or the owner or operator has requested a waiver of 
compliance and the Administrator is still considering that request.
    (2) If application for waiver of the emission test is made, the 
application shall accompany the information required by Sec. 61.10 or 
the notification of startup required by Sec. 61.09, whichever is 
applicable. A possible format is contained in appendix A to this part.
    (3) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later cancelling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the source.

[50 FR 46292, Nov. 7, 1985]



Sec. 61.14  Monitoring requirements.

    (a) Unless otherwise specified, this section applies to each 
monitoring system required under each subpart which requires monitoring.
    (b) Each owner or operator shall maintain and operate each 
monitoring system as specified in the applicable subpart and in a manner 
consistent with good air pollution control practice for minimizing 
emissions. Any unavoidable breakdown or malfunction of the monitoring 
system should be repaired or adjusted as soon as practicable after its 
occurrence. The Administrator's determination of whether acceptable 
operating and maintenance procedures are being used will be based on 
information which may include, but not be limited to, review of 
operating and maintenance procedures, manufacturer recommendations and 
specifications, and inspection of the monitoring system.
    (c) When required by the applicable subpart, and at any other time 
the Administrator may require, the owner or operator of a source being 
monitored shall conduct a performance evaluation of the monitoring 
system and furnish the Administrator with a copy of a written report of 
the results within 60 days of the evaluation. Such a performance 
evaluation shall be conducted according to the applicable specifications 
and procedures described in the applicable subpart. The owner or 
operator of

[[Page 22]]

the source shall furnish the Administrator with written notification of 
the date of the performance evaluation at least 30 days before the 
evaluation is to begin.
    (d) When the effluents from a single source, or from two or more 
sources subject to the same emission standards, are combined before 
being released to the atmosphere, the owner or operator shall install a 
monitoring system on each effluent or on the combined effluent. If two 
or more sources are not subject to the same emission standards, the 
owner or operator shall install a separate monitoring system on each 
effluent, unless otherwise specified. If the applicable standard is a 
mass emission standard and the effluent from one source is released to 
the atmosphere through more than one point, the owner or operator shall 
install a monitoring system at each emission point unless the 
installation of fewer systems is approved by the Administrator.
    (e) The owner or operator of each monitoring system shall reduce the 
monitoring data as specified in each applicable subpart. Monitoring data 
recorded during periods of unavoidable monitoring system breakdowns, 
repairs, calibration checks, and zero and span adjustments shall not be 
included in any data average.
    (f) The owner or operator shall maintain records of monitoring data, 
monitoring system calibration checks, and the occurrence and duration of 
any period during which the monitoring system is malfunctioning or 
inoperative. These records shall be maintained at the source for a 
minimum of 2 years and made available, upon request, for inspection by 
the Administrator.
    (g)(1) Monitoring shall be conducted as set forth in this section 
and the applicable subpart unless the Administrator--
    (i) Specifies or approves the use of the specified monitoring 
requirements and procedures with minor changes in methodology; or
    (ii) Approves the use of alternatives to any monitoring requirements 
or procedures.
    (2) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, the Administrator 
may require the monitoring requirements and procedures specified in this 
part.

[50 FR 46293, Nov. 7, 1985]



Sec. 61.15  Modification.

    (a) Except as provided under paragraph (d) of this section, any 
physical or operational change to a stationary source which results in 
an increase in the rate of emission to the atmosphere of a hazardous 
pollutant to which a standard applies shall be considered a 
modification.
    (b) Upon modification, an existing source shall become a new source 
for each hazardous pollutant for which the rate of emission to the 
atmosphere increases and to which a standard applies.
    (c) Emission rate shall be expressed as kg/hr of any hazardous 
pollutant discharged into the atmosphere for which a standard is 
applicable. The Administrator shall use the following to determine the 
emission rate:
    (1) Emission factors as specified in the background information 
document (BID) for the applicable standard, or in the latest issue of 
``Compilation of Air Pollutant Emission Factors,'' EPA Publication No. 
AP-42, or other emission factors determined by the Administrator to be 
superior to AP-42 emission factors, in cases where use of emission 
factors demonstrates that the emission rate will clearly increase or 
clearly not increase as a result of the physical or operational change.
    (2) Material balances, monitoring data, or manual emission tests in 
cases where use of emission factors, as referenced in paragraph (c)(1) 
of this section, does not demonstrate to the Administrator's 
satisfaction that the emission rate will clearly increase or clearly not 
increase as a result of the physical or operational change, or where an 
interested person demonstrates to the Administrator's satisfaction that 
there are reasonable grounds to dispute the result obtained by the 
Administrator using emission factors. When the emission rate is based on 
results from manual emission tests or monitoring data, the procedures 
specified in appendix C of 40 CFR part 60 shall be used to determine 
whether an increase in emission rate

[[Page 23]]

has occurred. Tests shall be conducted under such conditions as the 
Administrator shall specify to the owner or operator. At least three 
test runs must be conducted before and at least three after the physical 
or operational change. If the Administrator approves, the results of the 
emission tests required in Sec. 61.13(a) may be used for the test runs 
to be conducted before the physical or operational change. All operating 
parameters which may affect emissions must be held constant to the 
maximum degree feasible for all test runs.
    (d) The following shall not, by themselves, be considered 
modifications under this part:
    (1) Maintenance, repair, and replacement which the Administrator 
determines to be routine for a source category.
    (2) An increase in production rate of a stationary source, if that 
increase can be accomplished without a capital expenditure on the 
stationary source.
    (3) An increase in the hours of operation.
    (4) Any conversion to coal that meets the requirements specified in 
section 111(a)(8) of the Act.
    (5) The relocation or change in ownership of a stationary source. 
However, such activities must be reported in accordance with 
Sec. 61.10(c).

[50 FR 46294, Nov. 7, 1985]



Sec. 61.16   Availability of information.

    The availability to the public of information provided to, or 
otherwise obtained by, the Administrator under this part shall be 
governed by part 2 of this chapter.

[38 FR 8826, Apr. 6, 1973. Redesignated at 50 FR 46294, Nov. 7, 1985]



Sec. 61.17  State authority.

    (a) This part shall not be construed to preclude any State or 
political subdivision thereof from--
    (1) Adopting and enforcing any emission limiting regulation 
applicable to a stationary source, provided that such emission limiting 
regulation is not less stringent than the standards prescribed under 
this part; or
    (2) Requiring the owner or operator of a stationary source to obtain 
permits, licenses, or approvals prior to initiating construction, 
modification, or operation of the source.

[50 FR 46294, Nov. 7, 1985]



Sec. 61.18  Incorporations by reference.

    The materials listed below are incorporated by reference in the 
corresponding sections noted. These incorporations by reference were 
approved by the Director of the Federal Register on the date listed. 
These materials are incorporated as they exist on the date of the 
approval, and a notice of any change in these materials will be 
published in the Federal Register. The materials are available for 
purchase at the corresponding address noted below, and all are available 
for inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC and the Library (MD-35), U.S. 
EPA, Research Triangle Park, North Carolina.
    (a) The following material is available for purchase from at least 
one of the following addresses: American Society for Testing and 
Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or 
University Microfilms International, 300 North Zeeb Road, Ann Arbor, 
Michigan 48106.

    (1) ASTM D737-75, Standard Test Method for Air Permeability of 
Textile Fabrics, incorporation by reference (IBR) approved January 27, 
1983, for Sec. 61.23(a).
    (2) ASTM D 1193-77, Standard Specification for Reagent Water, IBR 
approved for Method 101, par. 6.1.1; Method 101A, par. 6.1.1; Method 
104, par. 3.1.2.
    (3) ASTM D 2986-71 (Reapproved 1978), Standard Method for Evaluation 
of Air, Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke 
Test, IBR approved for Method 103, par. 2.1.3; Method 104, par. 3.1.1.
    (4) ASTM D2267-68 (reapproved 1978) Aromatics in Light Naphthas and 
Aviation Gasoline by Gas Chromatography, IBR approved June 6, 1984, for 
Sec. 61.245(d)(1) and IBR approved September 30, 1986 for 
Sec. 61.67(h)(1).
    (5) ASTM D 2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb 
Calorimeter (High-Precision Method), IBR approved June 6, 1984, for 
Sec. 61.245(e)(3).
    (6) ASTM D 2504-67 (Reapproved 1977), Noncondensable Gases in 
C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR 
approved June 6, 1984, for Sec. 61.245(e)(3).
    (7) ASTM D 836-84, Standard Specification for Industrial Grade 
Benzene, IBR approved September 14, 1989, for Sec. 61.270(a).

[[Page 24]]

    (8) ASTM D 835-85, Standard Specification for Refined Benzene-485, 
IBR approved September 14, 1989, for Sec. 61.270(a).
    (9) ASTM D 2359-85a, Standard Specification for Refined Benzene-535, 
IBR approved September 14, 1989, for Sec. 61.270(a).
    (10) ASTM D 4734-87, Standard Specification for Refined Benzene-545, 
IBR approved September 14, 1989, for Sec. 61.270(a).
    (11) ASTM E 50-82 (reapproved 1986), Standard Practices for 
Apparatus Reagents, and Safety Precautions for Chemical Analysis of 
Metals, IBR approved for Method 108C, par. 2.1.4.
    (b) The following material is available from the U.S. EPA 
Environmental Monitoring and Support Laboratory, Cincinnati, Ohio 45268.
    (1) Method 601, Test Method for Purgeable Halocarbons, July 1982, 
IBR approved September 30, 1986, for Sec. 61.67(g)(2).
    (c) The following material is available for purchase from the 
American National Standards Institute, Inc., 1430 Broadway, New York, NY 
10018.
    (1) ANSI N13.1--1969, ``Guide to Sampling Airborne Radioactive 
Materials in Nuclear Facilities.'' IBR approved for 
Secs. 61.93(b)(2)(ii); 61.107(b)(2)(ii); and Method 114, par. 2.1 of 
appendix B to part 61.
    (d) The following material is available from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402-9325, 
telephone (202) 783-3238.

    (1) Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods, EPA Publication SW-846, Third Edition, November 1986, as 
amended by Revision I, December 1987, Order Number 955-001-00000-1:
    (i) Method 8020, Aromatic Volatile Organics, IBR approved March 7, 
1990, for Sec. 61.355(c)(2)(iv)(A).
    (ii) Method 8021, Volatile Organic Compounds in Water by Purge and 
Trap Capillary Column Gas Chromatography with Photoionization and 
Electrolytic Conductivity Detectors in Series, IBR approved March 7, 
1990, for Sec. 61.355(c)(2)(iv)(B).
    (iii) Method 8240, Gas Chromatography/Mass Spectrometry for Volatile 
Organics, IBR approved March 7, 1990, for Sec. 61.355(c)(2)(iv)(C).
    (iv) Method 8260, Gas Chromatography/Mass Spectrometry for Volatile 
Organics: Capillary Column Technique, IBR approved March 7, 1990, for 
Sec. 61.355(c)(2)(iv)(D).

[48 FR 3740, Jan. 27, 1983, as amended at 48 FR 55266, Dec. 9, 1983; 49 
FR 23520, June 6, 1984; 51 FR 34914, Sept. 30, 1986; 54 FR 38073, Sept. 
14, 1989; 54 FR 51704, Dec. 15, 1989; 55 FR 8341, Mar. 7, 1990; 55 FR 
18331, May 2, 1990; 55 FR 22027, May 31, 1990; 55 FR 32914, Aug. 13, 
1990]



Sec. 61.19   Circumvention.

    No owner or operator shall build, erect, install, or use any article 
machine, equipment, process, or method, the use of which conceals an 
emission which would otherwise constitute a violation of an applicable 
standard. Such concealment includes, but is not limited to, the use of 
gaseous dilutants to achieve compliance with a visible emissions 
standard, and the piecemeal carrying out of an operation to avoid 
coverage by a standard that applies only to operations larger than a 
specified size.

[40 FR 48299, Oct. 14, 1975. Redesignated at 50 FR 46294, Nov. 7, 1985]



    Subpart B--National Emission Standards for Radon Emissions From 
                        Underground Uranium Mines

    Source: 54 FR 51694, Dec. 15, 1989, unless otherwise noted.



Sec. 61.20  Designation of facilities.

    The provisions of this subpart are applicable to the owner or 
operator of an active underground uranium mine which:
    (a) Has mined, will mine or is designed to mine over 100,000 tons of 
ore during the life of the mine; or
    (b) Has had or will have an annual ore production rate greater than 
10,000 tons, unless it can be demonstrated to EPA that the mine will not 
exceed total ore production of 100,000 tons during the life of the mine.



Sec. 61.21  Definitions.

    As used in this subpart, all terms not defined here have the meaning 
given them in the Clean Air Act or subpart A of part 61. The following 
terms shall have the following specific meanings:
    (a) Active mine means an underground uranium mine which is being 
ventilated to allow workers to enter the mine for any purpose.
    (b) Effective dose equivalent means the sum of the products of 
absorbed dose and appropriate factors to account for differences in 
biological effectiveness due to the quality of radiation and its 
distribution in the body of reference man. The unit of the effective 
dose

[[Page 25]]

equivalent is the rem. The method for calculating effective dose 
equivalent and the definition of reference man are outlined in the 
International Commission on Radiological Protection's Publication No. 
26.
    (c) Underground uranium mine means a man-made underground excavation 
made for the purpose of removing material containing uranium for the 
principal purpose of recovering uranium.



Sec. 61.22  Standard.

    Emissions of radon-222 to the ambient air from an underground 
uranium mine shall not exceed those amounts that would cause any member 
of the public to receive in any year an effective dose equivalent of 10 
mrem/y.



Sec. 61.23  Determining compliance.

    (a) Compliance with the emission standard in this subpart shall be 
determined and the effective dose equivalent calculated by the EPA 
computer code COMPLY-R. An underground uranium mine owner or operator 
shall calculate the source terms to be used for input into COMPLY-R by 
conducting testing in accordance with the procedures described in 
appendix B, Method 115, or
    (b) Owners or operators may demonstrate compliance with the emission 
standard in this subpart through the use of computer models that are 
equivalent to COMPLY-R provided that the model has received prior 
approval from EPA headquarters. EPA may approve a model in whole or in 
part and may limit its use to specific circumstances.



Sec. 61.24  Annual reporting requirements.

    (a) The mine owner or operator shall annually calculate and report 
the results of the compliance calculations in Sec. 61.23 and the input 
parameters used in making the calculation. Such report shall cover the 
emissions of a calendar year and shall be sent to EPA by March 31 of the 
following year. Each report shall also include the following 
information:
    (1) The name and location of the mine.
    (2) The name of the person responsible for the operation of the 
facility and the name of the person preparing the report (if different).
    (3) The results of the emissions testing conducted and the dose 
calculated using the procedures in Sec. 61.23.
    (4) A list of the stacks or vents or other points where radioactive 
materials are released to the atmosphere, including their location, 
diameter, flow rate, effluent temperature and release height.
    (5) A description of the effluent controls that are used on each 
stack, vent, or other release point and the effluent controls used 
inside the mine, and an estimate of the efficiency of each control 
method or device.
    (6) Distances from the points of release to the nearest residence, 
school, business or office and the nearest farms producing vegetables, 
milk, and meat.
    (7) The values used for all other user-supplied input parameters for 
the computer models (e.g., meteorological data) and the source of these 
data.
    (8) Each report shall be signed and dated by a corporate officer in 
charge of the facility and contain the following declaration immediately 
above the signature line: ``I certify under penalty of law that I have 
personally examined and am familiar with the information submitted 
herein and based on my inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment. See, 18 U.S.C. 1001.''
    (b) lf the facility is not in compliance with the emission standard 
of Sec. 61.22 in the calendar year covered by the report, the facility 
must then commence reporting to the Administrator on a monthly basis the 
information listed in paragraph (a) of this section for the preceding 
month. These reports will start the month immediately following the 
submittal of the annual report for the year in noncompliance and will be 
due 30 days following the end of each month. This increased level of 
reporting will continue until the Administrator has determined that the 
monthly reports are no longer necessary. In addition to all the 
information required in paragraph (a) of this section, monthly reports 
shall also include the following information:

[[Page 26]]

    (1) All controls or other changes in operation of the facility that 
will be or are being installed to bring the facility into compliance.
    (2) If the facility is under a judicial or administrative 
enforcement decree the report will describe the facilities performance 
under the terms of the decree.
    (c) The first report will cover the emissions of calendar year 1990.



Sec. 61.25  Recordkeeping requirements.

    The owner or operator of a mine must maintain records documenting 
the source of input parameters including the results of all measurements 
upon which they are based, the calculations and/or analytical methods 
used to derive values for input parameters, and the procedure used to 
determine compliance. In addition, the documentation should be 
sufficient to allow an independent auditor to verify the accuracy of the 
determination made concerning the facility's compliance with the 
standard. These records must be kept at the mine or by the owner or 
operator for at least five years and upon request be made available for 
inspection by the Administrator, or his authorized representative.



Sec. 61.26  Exemption from the reporting and testing requirements of 40 CFR 61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



           Subpart C--National Emission Standard for Beryllium



Sec. 61.30   Applicability.

    The provisions of this subpart are applicable to the following 
stationary sources:
    (a) Extraction plans, ceramic plants, foundries, incinerators, and 
propellant plants which process beryllium ore, beryllium, beryllium 
oxide, beryllium alloys, or beryllium-containing waste.
    (b) Machine shops which process beryllium, beryllium oxides, or any 
alloy when such alloy contains more than 5 percent beryllium by weight.



Sec. 61.31   Definitions.

    Terms used in this subpart are defined in the act, in subpart A of 
this part, or in this section as follows:
    (a) Beryllium means the element beryllium. Where weights or 
concentrations are specified, such weights or concentrations apply to 
beryllium only, excluding the weight or concentration of any associated 
elements.
    (b) Extraction plant means a facility chemically processing 
beryllium ore to beryllium metal, alloy, or oxide, or performing any of 
the intermediate steps in these processes.
    (c) Beryllium ore means any naturally occurring material mined or 
gathered for its beryllium content.
    (d) Machine shop means a facility performing cutting, grinding, 
turning, honing, milling, deburring, lapping, electrochemical machining, 
etching, or other similar operations.
    (e) Ceramic plant means a manufacturing plant producing ceramic 
items.
    (f) Foundry means a facility engaged in the melting or casting of 
beryllium metal or alloy.
    (g) Beryllium-containing waste means material contaminated with 
beryllium and/or beryllium compounds used or generated during any 
process or operation performed by a source subject to this subpart.
    (h) Incinerator means any furnace used in the process of burning 
waste for the primary purpose of reducing the volume of the waste by 
removing combustible matter.
    (i) Propellant means a fuel and oxidizer physically or chemically 
combined which undergoes combustion to provide rocket propulsion.
    (j) Beryllium alloy means any metal to which beryllium has been 
added in order to increase its beryllium content and which contains more 
than 0.1 percent beryllium by weight.
    (k) Propellant plant means any facility engaged in the mixing, 
casting, or machining of propellant.



Sec. 61.32   Emission standard.

    (a) Emissions to the atmosphere from stationary sources subject to 
the provisions of this subpart shall not exceed 10 grams of beryllium 
over a 24-hour period, except as provided in paragraph (b) of this 
section.

[[Page 27]]

    (b) Rather than meet the requirement of paragraph (a) of this 
section, an owner or operator may request approval from the 
Administrator to meet an ambient concentration limit on beryllium in the 
vicinity of the stationary source of 0.01 g/m3, averaged 
over a 30-day period.
    (1) Approval of such requests may be granted by the Administrator 
provided that:
    (i) At least 3 years of data is available which in the judgment of 
the Administrator demonstrates that the future ambient concentrations of 
beryllium in the vicinity of the stationary source will not exceed 0.01 
g/m3, averaged over a 30-day period. Such 3-year period 
shall be the 3 years ending 30 days before the effective date of this 
standard.
    (ii) The owner or operator requests such approval in writing within 
30 days after the effective date of this standard.
    (iii) The owner or operator submits a report to the Administrator 
within 45 days after the effective date of this standard which report 
includes the following information:
    (a) Description of sampling method including the method and 
frequency of calibration.
    (b) Method of sample analysis.
    (c) Averaging technique for determining 30-day average 
concentrations.
    (d) Number, identity, and location (address, coordinates, or 
distance and heading from plant) of sampling sites.
    (e) Ground elevations and height above ground of sampling inlets.
    (f) Plant and sampling area plots showing emission points and 
sampling sites. Topographic features significantly affecting dispersion 
including plant building heights and locations shall be included.
    (g) Information necessary for estimating dispersion including stack 
height, inside diameter, exit gas temperature, exit velocity or flow 
rate, and beryllium concentration.
    (h) A description of data and procedures (methods or models) used to 
design the air sampling network (i.e., number and location of sampling 
sites).
    (i) Air sampling data indicating beryllium concentrations in the 
vicinity of the stationary source for the 3-year period specified in 
paragraph (b)(1) of this section. This data shall be presented 
chronologically and include the beryllium concentration and location of 
each individual sample taken by the network and the corresponding 30-day 
average beryllium concentrations.
    (2) Within 60 days after receiving such report, the Administrator 
will notify the owner or operator in writing whether approval is granted 
or denied. Prior to denying approval to comply with the provisions of 
paragraph (b) of this section, the Administrator will consult with 
representatives of the statutory source for which the demonstration 
report was submitted.
    (c) The burning of beryllium and/or beryllium-containing waste, 
except propellants, is prohibited except in incinerators, emissions from 
which must comply with the standard.



Sec. 61.33   Stack sampling.

    (a) Unless a waiver of emission testing is obtained under 
Sec. 61.13, each owner or operator required to comply with Sec. 61.32(a) 
shall test emissions from the source according to Method 104 of appendix 
B to this part. Method 103 of appendix B to this part is approved by the 
Administrator as an alternative method for sources subject to 
Sec. 61.32(a). The emission test shall be performed--
    (1) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial startup date preceding the 
effective date; or
    (2) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (b) The Administrator shall be notified at least 30 days prior to an 
emission test so that he may at his option observe the test.
    (c) Samples shall be taken over such a period or periods as are 
necessary to accurately determine the maximum emissions which will occur 
in any 24-hour period. Where emissions depend upon the relative 
frequency of operation of different types of processes, operating hours, 
operating capacities, or other factors, the calculation of maximum 24-
hour-period emissions will be based on that combination of factors which 
is likely to occur during

[[Page 28]]

the subject period and which result in the maximum emissions. No changes 
in the operation shall be made, which would potentially increase 
emissions above that determined by the most recent source test, until a 
new emission level has been estimated by calculation and the results 
reported to the Administrator.
    (d) All samples shall be analyzed and beryllium emissions shall be 
determined within 30 days after the source test. All determinations 
shall be reported to the Administrator by a registered letter dispatched 
before the close of the next business day following such determination.
    (e) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and made 
available, for inspection by the Administrator, for a minimum of 2 
years.

[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46294, Nov. 7, 1985]



Sec. 61.34   Air sampling.

    (a) Stationary sources subject to Sec. 61.32(b) shall locate air 
sampling sites in accordance with a plan approved by the Administrator. 
Such sites shall be located in such a manner as is calculated to detect 
maximum concentrations of beryllium in the ambient air.
    (b) All monitoring sites shall be operated continuously except for a 
reasonable time allowance for instrument maintenance and calibration, 
for changing filters, or for replacement of equipment needing major 
repair.
    (c) Filters shall be analyzed and concentrations calculated within 
30 days after filters are collected. Records of concentrations at all 
sampling sites and other data needed to determine such concentrations 
shall be retained at the source and made available, for inspection by 
the Administrator, for a minimum of 2 years.
    (d) Concentrations measured at all sampling sites shall be reported 
to the Administrator every 30 days by a registered letter.
    (e) The Administrator may at any time require changes in, or 
expansion of, the sampling network.



 Subpart D--National Emission Standard for Beryllium Rocket Motor Firing



Sec. 61.40   Applicability.

    The provisions of this subpart are applicable to rocket motor test 
sites.



Sec. 61.41   Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    (a) Rocket motor test site means any building, structure, facility, 
or installation where the static test firing of a beryllium rocket motor 
and/or the disposal of beryllium propellant is conducted.
    (b) Beryllium propellant means any propellant incorporating 
beryllium.



Sec. 61.42   Emission standard.

    (a) Emissions to the atmosphere from rocket-motor test sites shall 
not cause time-weighted atmospheric concentrations of beryllium to 
exceed 75 microgram minutes per cubic meter of air within the limits of 
10 to 60 minutes, accumulated during any 2 consecutive weeks, in any 
area in which an effect adverse to public health could occur.
    (b) If combustion products from the firing of beryllium propellant 
are collected in a closed tank, emissions from such tank shall not 
exceed 2 grams per hour and a maximum of 10 grams per day.



Sec. 61.43   Emission testing--rocket firing or propellant disposal.

    (a) Ambient air concentrations shall be measured during and after 
firing of a rocket motor or propellant disposal and in such a manner 
that the effect of these emissions can be compared with the standard. 
Such sampling techniques shall be approved by the Administrator.
    (b) All samples shall be analyzed and results shall be calculated 
within 30 days after samples are taken and before any subsequent rocket 
motor firing or propellant disposal at the given site. All results shall 
be reported to the Administrator by a registered letter dispatched 
before the close of the next business day following determination of 
such results.

[[Page 29]]

    (c) Records of air sampling test results and other data needed to 
determine integrated intermittent concentrations shall be retained at 
the source and made available, for inspection by the Administrator, for 
a minimum of 2 years.
    (d) The Administrator shall be notified at least 30 days prior to an 
air sampling test, so that he may at his option observe the test.



Sec. 61.44   Stack sampling.

    (a) Sources subject to Sec. 61.42(b) shall be continuously sampled, 
during release of combustion products from the tank, according to Method 
104 of appendix B to this part. Method 103 of appendix B to this part is 
approved by the Administrator as an alternative method for sources 
subject to Sec. 61.42(b).
    (b) All samples shall be analyzed, and beryllium emissions shall be 
determined within 30 days after samples are taken and before any 
subsequent rocket motor firing or propellant disposal at the given site. 
All determinations shall be reported to the Administrator by a 
registered letter dispatched before the close of the next business day 
following such determinations.
    (c) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and made 
available, for inspection by the Administrator, for a minimum of 2 
years.
    (d) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.

[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46294, Nov. 7, 1985]



            Subpart E--National Emission Standard for Mercury



Sec. 61.50   Applicability.

    The provisions of this subpart are applicable to those stationary 
sources which process mercury ore to recover mercury, use mercury chlor-
alkali cells to produce chlorine gas and alkali metal hydroxide, and 
incinerate or dry wastewater treatment plant sludge.

[40 FR 48302, Oct. 14, 1975]



Sec. 61.51   Definitions.

    Terms used in this subpart are defined in the act, in subpart A of 
this part, or in this section as follows:
    (a) Mercury means the element mercury, excluding any associated 
elements, and includes mercury in particulates, vapors, aerosols, and 
compounds.
    (b) Mercury ore means a mineral mined specifically for its mercury 
content.
    (c) Mercury ore processing facility means a facility processing 
mercury ore to obtain mercury.
    (d) Condenser stack gases mean the gaseous effluent evolved from the 
stack of processes utilizing heat to extract mercury metal from mercury 
ore.
    (e) Mercury chlor-alkali cell means a device which is basically 
composed of an electrolyzer section and a denuder (decomposer) section 
and utilizes mercury to produce chlorine gas, hydrogen gas, and alkali 
metal hydroxide.
    (f) Mercury chlor-alkali electrolyzer means an electrolytic device 
which is part of a mercury chlor-alkali cell and utilizes a flowing 
mercury cathode to produce chlorine gas and alkali metal amalgam.
    (g) Denuder means a horizontal or vertical container which is part 
of a mercury chlor-alkali cell and in which water and alkali metal 
amalgam are converted to alkali metal hydroxide, mercury, and hydrogen 
gas in a short-circuited, electrolytic reaction.
    (h) Hydrogen gas stream means a hydrogen stream formed in the chlor-
alkali cell denuder.
    (i) End box means a container(s) located on one or both ends of a 
mercury chlor-alkali electrolyzer which serves as a connection between 
the electrolyzer and denuder for rich and stripped amalgam.
    (j) End box ventilation system means a ventilation system which 
collects mercury emissions from the end-boxes, the mercury pump sumps, 
and their water collection systems.
    (k) Cell room means a structure(s) housing one or more mercury 
electrolytic chlor-alkali cells.
    (l) Sludge means sludge produced by a treatment plant that processes 
municipal or industrial waste waters.

[[Page 30]]

    (m) Sludge dryer means a device used to reduce the moisture content 
of sludge by heating to temperatures above 65 deg.C (ca. 150 deg.F) 
directly with combustion gases.

[38 FR 8826, Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14, 1975]



Sec. 61.52   Emission standard.

    (a) Emissions to the atmosphere from mercury ore processing 
facilities and mercury cell chlor-alkali plants shall not exceed 2300 
grams of mercury per 24-hour period.
    (b) Emissions to the atmosphere from sludge incineration plants, 
sludge drying plants, or a combination of these that process wastewater 
treatment plant sludges shall not exceed 3200 grams of mercury per 24-
hour period.

[40 FR 48302, Oct. 14, 1975]



Sec. 61.53   Stack sampling.

    (a) Mercury ore processing facility. (1) Unless a waiver of emission 
testing is obtained under Sec. 61.13, each owner or operator processing 
mercury ore shall test emissions from the source according to Method 101 
of appendix B to this part. The emission test shall be performed--
    (i) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial start-up date preceding the 
effective date; or
    (ii) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (2) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (3) Samples shall be taken over such a period or periods as are 
necessary to accurately determine the maximum emissions which will occur 
in a 24-hour period. No changes in the operation shall be made, which 
would potentially increase emissions above that determined by the most 
recent source test, until the new emission level has been estimated by 
calculation and the results reported to the Administrator.
    (4) All samples shall be analyzed and mercury emissions shall be 
determined within 30 days after the stack test. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (5) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and made 
available, for inspection by the Administrator, for a minimum of 2 
years.
    (b) Mercury chlor-alkali plant--hydrogen and end-box ventilation gas 
streams. (1) Unless a waiver of emission testing is obtained under 
Sec. 61.13, each owner or operator employing mercury chlor-alkali 
cell(s) shall test emissions from hydrogen streams according to Method 
102 and from end-box ventilation gas streams according to Method 101 of 
appendix B to this part. The emission test shall be performed--
    (i) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial startup date preceding the 
effective date; or
    (ii) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (2) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (3) Samples shall be taken over such a period or periods as are 
necessary to accurately determine the maximum emissions which will occur 
in a 24-hour period. No changes in the operation shall be made, which 
would potentially increase emissions above that determined by the most 
recent source test, until the new emission has been estimated by 
calculation and the results reported to the Administrator.
    (4) All samples shall be analyzed and mercury emissions shall be 
determined within 30 days after the stack test. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (5) Records of emission test results and other data needed to 
determine total emissions shall be retained at the

[[Page 31]]

source and made available, for inspection by the Administrator, for a 
minimum of 2 years.
    (c) Mercury chlor-alkali plants--cell room ventilation system. (1) 
Stationary sources using mercury chlor-alkali cells may test cell room 
emissions in accordance with paragraph (c)(2) of this section or 
demonstrate compliance with paragraph (c)(4) of this section and assume 
ventilation emissions of 1,300 gms/day of mercury.
    (2) Unless a waiver of emission testing is obtained under 
Sec. 61.13, each owner or operator shall pass all cell room air in force 
gas streams through stacks suitable for testing and shall test emissions 
from the source according to Method 101 in appendix B to this part. The 
emission test shall be performed--
    (i) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial startup date preceding the 
effective date; or
    (ii) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (3) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (4) An owner or operator may carry out approved design, maintenance, 
and housekeeping practices. A list of approved practices is provided in 
appendix A of ``Review of National Emission Standards for Mercury,'' 
EPA-450/3-84-014a, December 1984. Copies are available from EPA's 
Central Docket Section, Docket item number A-84-41, III-B-1.
    (d) Sludge incineration and drying plants. (1) Unless a waiver of 
emission testing is obtained under Sec. 61.13, each owner or operator of 
a source subject to the standard in Sec. 61.52(b) shall test emissions 
from that source. Such tests shall be conducted in accordance with the 
procedures set forth either in paragraph (d) of this section or in 
Sec. 61.54.
    (2) Method 101A in appendix B to this part shall be used to test 
emissions as follows:
    (i) The test shall be performed within 90 days of the effective date 
of these regulations in the case of an existing source or a new source 
which has an initial startup date preceding the effective date.
    (ii) The test shall be performed within 90 days of startup in the 
case of a new source which did not have an initial startup date 
preceding the effective date.
    (3) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (4) Samples shall be taken over such a period or periods as are 
necessary to determine accurately the maximum emissions which will occur 
in a 24-hour period. No changes shall be made in the operation which 
would potentially increase emissions above the level determined by the 
most recent stack test, until the new emission level has been estimated 
by calculation and the results reported to the Administrator.
    (5) All samples shall be analyzed and mercury emissions shall be 
determined within 30 days after the stack test. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (6) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and shall be 
made available, for inspection by the Administrator, for a minimum of 2 
years.

[38 FR 8826, Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14, 1975; 47 
FR 24704, June 8, 1982; 50 FR 46294, Nov. 7, 1985; 52 FR 8726, Mar. 19, 
1987]



Sec. 61.54   Sludge sampling.

    (a) As an alternative means for demonstrating compliance with 
Sec. 61.52(b), an owner or operator may use Method 105 of appendix B and 
the procedures specified in this section.
    (1) A sludge test shall be conducted within 90 days of the effective 
date of these regulations in the case of an existing source or a new 
source which has an initial startup date preceding the effective date; 
or
    (2) A sludge test shall be conducted within 90 days of startup in 
the case of a new source which did not have an initial startup date 
preceding the effective date.

[[Page 32]]

    (b) The Administrator shall be notified at least 30 days prior to a 
sludge sampling test, so that he may at his option observe the test.
    (c) Sludge shall be sampled according to paragraph (c)(1) of this 
section, sludge charging rate for the plant shall be determined 
according to paragraph (c)(2) of this section, and the sludge analysis 
shall be performed according to paragraph (c)(3) of this section.
    (1) The sludge shall be sampled according to Method 105--
Determination of Mercury in Wastewater Treatment Plant Sewage Sludges. A 
total of three composite samples shall be obtained within an operating 
period of 24 hours. When the 24-hour operating period is not continuous, 
the total sampling period shall not exceed 72 hours after the first grab 
sample is obtained. Samples shall not be exposed to any condition that 
may result in mercury contamination or loss.
    (2) The maximum 24-hour period sludge incineration or drying rate 
shall be determined by use of a flow rate measurement device that can 
measure the mass rate of sludge charged to the incinerator or dryer with 
an accuracy of plus-minus5 percent over its operating range. Other 
methods of measuring sludge mass charging rates may be used if they have 
received prior approval by the Administrator.
    (3) The sampling, handling, preparation, and analysis of sludge 
samples shall be accomplished according to Method 105 in appendix B of 
this part.
    (d) The mercury emissions shall be determined by use of the 
following equation.

                                                                                                                
                                                                MQ Fsm(avg)                                     
                                                 EHg=    -------------------------                              
                                                                    1000                                        
                                                                                                                

where:
EHg=Mercury emissions, g/day.
M=Mercury concentration of sludge on a dry solids basis, g/g.
Q=Sludge changing rate, kg/day.
Fsm=Weight fraction of solids in the collected sludge after mixing.
1000=Conversion factor, kg g/g\2\.

    (e) No changes in the operation of a plant shall be made after a 
sludge test has been conducted which would potentially increase 
emissions above the level determined by the most recent sludge test, 
until the new emission level has been estimated by calculation and the 
results reported to the Administrator.
    (f) All sludge samples shall be analyzed for mercury content within 
30 days after the sludge sample is collected. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (g) Records of sludge sampling, charging rate determination and 
other data needed to determine mercury content of wastewater treatment 
plant sludges shall be retained at the source and made available, for 
inspection by the Administrator, for a minimum of 2 years.

[40 FR 48303, Oct. 14, 1975, as amended at 49 FR 35770, Sept. 12, 1984; 
52 FR 8727, Mar. 19, 1987; 53 FR 36972, Sept. 23, 1988]



Sec. 61.55  Monitoring of emissions and operations.

    (a) Wastewater treatment plant sludge incineration and drying 
plants. All the sources for which mercury emissions exceed 1,600 g per 
24-hour period, demonstrated either by stack sampling according to 
Sec. 61.53 or sludge sampling according to Sec. 61.54, shall monitor 
mercury emissions at intervals of at least once per year by use of 
Method 105 of appendix B or the procedures specified in Sec. 61.53 (d) 
(2) and (4). The results of monitoring shall be reported and retained 
according to Sec. 61.53(d) (5) and (6) or Sec. 61.54 (f) and (g).
    (b) Mercury cell chlor-alkali plants--hydrogen and end-box 
ventilation gas streams. (1) The owner or operator of each mercury cell 
chlor-alkali plant shall, within 1 year of the date of publication of 
these amendments or within 1 year of startup for a plant with initial 
startup after the date of publication, perform a mercury emission test 
that demonstrates compliance with the

[[Page 33]]

emission limits in Sec. 61.52, on the hydrogen stream by Reference 
Method 102 and on the end-box stream by Reference Method 101 for the 
purpose of establishing limits for parameters to be monitored.
    (2) During tests specified in paragraph (b)(1) of this section, the 
following control device parameters shall be monitored, except as 
provided in paragraph (c) of this section, and recorded manually or 
automatically at least once every 15 minutes:
    (i) The exit gas temperature from uncontrolled streams;
    (ii) The outlet temperature of the gas stream for the final (i.e., 
the farthest downstream) cooling system when no control devices other 
than coolers and demisters are used;
    (iii) The outlet temperature of the gas stream from the final 
cooling system when the cooling system is followed by a molecular sieve 
or carbon adsorber;
    (iv) Outlet concentration of available chlorine, pH, liquid flow 
rate, and inlet gas temperature of chlorinated brine scrubbers and 
hypochlorite scrubbers;
    (v) The liquid flow rate and exit gas temperature for water 
scrubbers;
    (vi) The inlet gas temperature of carbon adsorption systems; and
    (vii) The temperature during the heating phase of the regeneration 
cycle for carbon adsorbers or molecular sieves.
    (3) The recorded parameters in paragraphs (b)(2)(i) through 
(b)(2)(vi) of this section shall be averaged over the test period (a 
minimum of 6 hours) to provide an average number. The highest 
temperature reading that is measured in paragraph (b)(2)(vii) of this 
section is to be identified as the reference temperature for use in 
paragraph (b)(6)(ii) of this section.
    (4)(i) Immediately following completion of the emission tests 
specified in paragraph (b)(1) of this section, the owner or operator of 
a mercury cell chlor-alkali plant shall monitor and record manually or 
automatically at least once per hour the same parameters specified in 
paragraphs (b)(2)(i) through (b)(2)(vi) of this section.
    (ii) Immediately following completion of the emission tests 
specified in paragraph (b)(1) of this section, the owner or operator 
shall monitor and record manually or automatically, during each heating 
phase of the regeneration cycle, the temperature specified in paragraph 
(b)(2)(vii) of this section.
    (5) Monitoring devices used in accordance with paragraphs (b)(2) and 
(b)(4) of this section shall be certified by their manufacturer to be 
accurate to within 10 percent, and shall be operated, maintained, and 
calibrated according to the manufacturer's instructions. Records of the 
certifications and calibrations shall be retained at the chlor-alkali 
plant and made available for inspection by the Administrator as follows: 
Certification, for as long as the device is used for this purpose; 
calibration for a minimum of 2 years.
    (6)(i) When the hourly value of a parameter monitored in accordance 
with paragraph (b)(4)(i) of this section exceeds, or in the case of 
liquid flow rate and available chlorine falls below the value of that 
same parameter determined in paragraph (b)(2) of this section for 24 
consecutive hours, the Administrator is to be notified within the next 
10 days.
    (ii) When the maximum hourly value of the temperature measured in 
accordance with paragraph (b)(4)(ii) of this section is below the 
reference temperature recorded according to paragraph (b)(3) of this 
section for three consecutive regeneration cycles, the Administrator is 
to be notified within the next 10 days.
    (7) Semiannual reports shall be submitted to the Administrator 
indicating the time and date on which the hourly value of each parameter 
monitored according to paragraphs (b)(4)(i) and (b)(4)(ii) of this 
section fell outside the value of that same parameter determined under 
paragraph (b)(3) of this section; and corrective action taken, and the 
time and date of the corrective action. Parameter excursions will be 
considered unacceptable operation and maintenance of the emission 
control system. In addition, while compliance with the emission limits 
is determined primarily by conducting a performance test according to 
the procedures in Sec. 61.53(b), reports of parameter excursions may be 
used as evidence in judging the duration of a violation that is 
determined by a performance test.

[[Page 34]]

    (8) Semiannual reports required in paragraph (b)(7) of this section 
shall be submitted to the Administrator on September 15 and March 15 of 
each year. The first semiannual report is to be submitted following the 
first full 6 month reporting period. The semiannual report due on 
September 15 (March 15) shall include all excursions monitored through 
August 31 (February 28) of the same calendar year.
    (c) As an alternative to the monitoring, recordkeeping, and 
reporting requirements in paragraphs (b)(2) through (8) of this section, 
an owner or operator may develop and submit for the Administrator's 
review and approval a plant-specific monitoring plan. To be approved, 
such a plan must ensure not only compliance with the emission limits of 
Sec. 61.52(a) but also proper operation and maintenance of emissions 
control systems. Any site-specific monitoring plan submitted must, at a 
minimum, include the following:
    (1) Identification of the critical parameter or parameters for the 
hydrogen stream and for the end-box ventilation stream that are to be 
monitored and an explanation of why the critical parameter(s) selected 
is the best indicator of proper control system performance and of 
mercury emission rates.
    (2) Identification of the maximum or minimum value of each parameter 
(e.g., degrees temperature, concentration of mercury) that is not to be 
exceeded. The level(s) is to be directly correlated to the results of a 
performance test, conducted no more than 180 days prior to submittal of 
the plan, when the facility was in compliance with the emission limits 
of Sec. 61.52(a).
    (3) Designation of the frequency for recording the parameter 
measurements, with justification if the frequency is less than hourly. A 
longer recording frequency must be justified on the basis of the amount 
of time that could elapse during periods of process or control system 
upsets before the emission limits would be exceeded, and consideration 
is to be given to the time that would be necessary to repair the 
failure.
    (4) Designation of the immediate actions to be taken in the event of 
an excursion beyond the value of the parameter established in 2.
    (5) Provisions for reporting, semiannually, parameter excursions and 
the corrective actions taken, and provisions for reporting within 10 
days any significant excursion.
    (6) Identification of the accuracy of the monitoring device(s) or of 
the readings obtained.
    (7) Recordkeeping requirements for certifications and calibrations.
    (d) Mercury cell chlor-alkali plants--cell room ventilation system. 
(1) Stationary sources determining cell room emissions in accordance 
with Sec. 61.53(c)(4) shall maintain daily records of all leaks or 
spills of mercury. The records shall indicate the amount, location, 
time, and date the leaks or spills occurred, identify the cause of the 
leak or spill, state the immediate steps taken to minimize mercury 
emissions and steps taken to prevent future occurrences, and provide the 
time and date on which corrective steps were taken.
    (2) The results of monitoring shall be recorded, retained at the 
source, and made available for inspection by the Administrator for a 
minimum of 2 years.

[52 FR 8727, Mar. 19, 1987]



Sec. 61.56  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sections 
61.53(c)(4) and 61.55(d). The authorities not delegated to States listed 
are in addition to the authorities in the General Provisions, subpart A 
of 40 CFR part 61, that will not be delegated to States (Secs. 61.04(b), 
61.12(d)(1), and 61.13(h)(1)(ii)).

[52 FR 8728, Mar. 19, 1987]



        Subpart F--National Emission Standard for Vinyl Chloride

    Source: 41 FR 46564, Oct. 21, 1976, unless otherwise noted.

[[Page 35]]



Sec. 61.60   Applicability.

    (a) This subpart applies to plants which produce:
    (1) Ethylene dichloride by reaction of oxygen and hydrogen chloride 
with ethylene,
    (2) Vinyl chloride by any process, and/or
    (3) One or more polymers containing any fraction of polymerized 
vinyl chloride.
    (b) This subpart does not apply to equipment used in research and 
development if the reactor used to polymerize the vinyl chloride 
processed in the equipment has a capacity of no more than 0.19 m3 
(50 gal).
    (c) Sections of this subpart other than Secs. 61.61; 61.64 (a)(1), 
(b), (c), and (d); 61.67; 61.68; 61.69; 61.70; and 61.71 do not apply to 
equipment used in research and development if the reactor used to 
polymerize the vinyl chloride processed in the equipment has a capacity 
of greater than 0.19 m3 (50 gal) and no more than 4.17 m3 
(1100 gal).

[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29006, June 7, 1977; 53 
FR 36972, Sept. 23, 1988; 57 FR 60999, Dec. 23, 1992]



Sec. 61.61   Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    (a) Ethylene dichloride plant includes any plant which produces 
ethylene dichloride by reaction of oxygen and hydrogen chloride with 
ethylene.
    (b) Vinyl chloride plant includes any plant which produces vinyl 
chloride by any process.
    (c) Polyvinyl chloride plant includes any plant where vinyl chloride 
alone or in combination with other materials is polymerized.
    (d) Slip gauge means a gauge which has a probe that moves through 
the gas/liquid interface in a storage or transfer vessel and indicates 
the level of vinyl chloride in the vessel by the physical state of the 
material the gauge discharges.
    (e) Type of resin means the broad classification of resin referring 
to the basic manufacturing process for producing that resin, including, 
but not limited to, the suspension, dispersion, latex, bulk, and 
solution processes.
    (f) Grade of resin means the subdivision of resin classification 
which describes it as a unique resin, i.e., the most exact description 
of a resin with no further subdivision.
    (g) Dispersion resin means a resin manufactured in such a way as to 
form fluid dispersions when dispersed in a plasticizer or plasticizer/
diluent mixtures.
    (h) Latex resin means a resin which is produced by a polymerization 
process which initiates from free radical catalyst sites and is sold 
undried.
    (i) Bulk resin means a resin which is produced by a polymerization 
process in which no water is used.
    (j) Inprocess wastewater means any water which, during manufacturing 
or processing, comes into direct contact with vinyl chloride or 
polyvinyl chloride or results from the production or use of any raw 
material, intermediate product, finished product, by-product, or waste 
product containing vinyl chloride or polyvinyl chloride but which has 
not been discharged to a wastewater treatment process or discharged 
untreated as wastewater. Gasholder seal water is not inprocess 
wastewater until it is removed from the gasholder.
    (k) Wastewater treatment process includes any process which modifies 
characteristics such as BOD, COD, TSS, and pH, usually for the purpose 
of meeting effluent guidelines and standards; it does not include any 
process the purpose of which is to remove vinyl chloride from water to 
meet requirements of this subpart.
    (l) In vinyl chloride service means that a piece of equipment either 
contains or contacts a liquid that is a least 10 percent vinyl chloride 
by weight or a gas that is at least 10 percent by volume vinyl chloride 
as determined according to the provisions of Sec. 61.67(h). The 
provisions of Sec. 61.67(h) also specify how to determine that a piece 
of equipment is not in vinyl chloride service. For the purposes of this 
subpart, this definition must be used in place of the definition of ``in 
VHAP service'' in subpart V of this part.
    (m) Standard operating procedure means a formal written procedure 
officially adopted by the plant owner or operator and available on a 
routine

[[Page 36]]

basis to those persons responsible for carrying out the procedure.
    (n) Run means the net period of time during which an emission sample 
is collected.
    (o) Ethylene dichloride purification includes any part of the 
process of ethylene dichloride purification following ethylene 
dichloride formation, but excludes crude, intermediate, and final 
ethylene dichloride storage tanks.
    (p) Vinyl chloride purification incudes any part of the process of 
vinyl chloride production which follows vinyl chloride formation.
    (q) Reactor includes any vessel in which vinyl chloride is partially 
or totally polymerized into polyvinyl chloride.
    (r) Reactor opening loss means the emissions of vinyl chloride 
occurring when a reactor is vented to the atmosphere for any purpose 
other than an emergency relief discharge as defined in Sec. 61.65(a).
    (s) Stripper includes any vessel in which residual vinyl chloride is 
removed from polyvinyl chloride resin, except bulk resin, in the slurry 
form by the use of heat and/or vacuum. In the case of bulk resin, 
stripper includes any vessel which is used to remove residual vinyl 
chloride from polyvinyl chloride resin immediately following the 
polymerization step in the plant process flow.
    (t) Standard temperature means a temperature of 20 deg. C (69 deg. 
F).
    (u) Standard pressure means a pressure of 760 mm of Hg (29.92 in. of 
Hg).
    (v) Relief valve means each pressure relief device including 
pressure relief valves, rupture disks and other pressure relief systems 
used to protect process components from overpressure conditions. 
``Relief valve'' does not include polymerization shortstop systems, 
referigerated water systems or control valves or other devices used to 
control flow to an incinerator or other air pollution control device.
    (w) Leak means any of several events that indicate interruption of 
confinement of vinyl chloride within process equipment. Leaks include 
events regulated under subpart V of this part such as:
    (1) An instrument reading of 10,000 ppm or greater measured 
according to Method 21 (see appendix A of 40 CFR part 60);
    (2) A sensor detection of failure of a seal system, failure of a 
barrier fluid system, or both;
    (3) Detectable emissions as indicated by an instrument reading of 
greater than 500 ppm above background for equipment designated for no 
detectable emissions measured according to Test Method 21 (see appendix 
A of 40 CFR part 60); and
    (4) In the case of pump seals regulated under Sec. 61.242-2, 
indications of liquid dripping constituting a leak under Sec. 61.242-2.

Leaks also include events regulated under Sec. 61.65(b)(8)(i) for 
detection of ambient concentrations in excess of background 
concentrations. A relief valve discharge is not a leak.
    (x) Exhaust gas means any offgas (the constituents of which may 
consist of any fluids, either as a liquid and/or gas) discharged 
directly or ultimately to the atmosphere that was initially contained in 
or was in direct contact with the equipment for which gas limits are 
prescribed in Secs. 61.62(a) and (b); 61.63(a); 61.64 (a)(1), (b), (c), 
and (d); 61.65 (b)(1)(ii), (b)(2), (b)(3), (b)(5), (b)(6)(ii), (b)(7), 
and (b)(9)(ii); and 61.65(d). A leak as defined in paragraph (w) of this 
section is not an exhaust gas. Equipment which contains exhaust gas is 
subject to Sec. 61.65(b)(8), whether or not that equipment contains 10 
percent by volume vinyl chloride.
    (y) Relief valve discharge means any nonleak discharge through a 
relief valve.
    (z) 3-hour period means any three consecutive 1-hour periods (each 
commencing on the hour), provided that the number of 3-hour periods 
during which the vinyl chloride concentration exceeds 10 ppm does not 
exceed the number of 1-hour periods during which the vinyl chloride 
concentration exceeds 10 ppm.

[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29006, June 7, 1977; 51 
FR 34908, Sept. 30, 1986; 55 FR 28348, July 10, 1990]



Sec. 61.62   Emission standard for ethylene dichloride plants.

    (a) Ethylene dichloride purification. The concentration of vinyl 
chloride in each exhaust gas stream from any

[[Page 37]]

equipment used in ethylene dichloride purification is not to exceed 10 
ppm (average for 3-hour period), except as provided in Sec. 61.65(a). 
This requirement does not preclude combining of exhaust gas streams 
provided the combined steam is ducted through a control system from 
which the concentration of vinyl chloride in the exhaust gases does not 
exceed 10 ppm, or equivalent as provided in Sec. 61.66. This requirement 
does not apply to equipment that has been opened, is out of operation, 
and met the requirement in Sec. 61.65(b)(6)(i) before being opened.
    (b) Oxychlorination reactor. Except as provided in Sec. 61.65(a), 
emissions of vinyl chloride to the atmosphere from each oxychlorination 
reactor are not to exceed 0.2 g/kg (0.0002 lb/lb) (average for 3-hour 
period) of the 100 percent ethylene dichloride product from the 
oxychlorination process.

[51 FR 34909, Sept. 30, 1986]



Sec. 61.63  Emission standard for vinyl chloride plants.

    An owner or operator of a vinyl chloride plant shall comply with the 
requirements of this section and Sec. 61.65.
    (a) Vinyl chloride formation and purification: The concentration of 
vinyl chloride in each exhaust gas stream from any equipment used in 
vinyl chloride formation and/or purification is not to exceed 10 ppm 
(average for 3-hour period), except as provided in Sec. 61.65(a). This 
requirement does not preclude combining of exhaust gas streams provided 
the combined steam is ducted through a control system from which the 
concentration of vinyl chloride in the exhaust gases does not exceed 10 
ppm, or equivalent as provided in Sec. 61.66. This requirement does not 
apply to equipment that has been opened, is out of operation, and met 
the requirement in Sec. 61.65(b)(6)(i) before being opened.

[51 FR 34909, Sept. 30, 1986]



Sec. 61.64   Emission standard for polyvinyl chloride plants.

    An owner or operator of a polyvinyl chloride plant shall comply with 
the requirements of this section and Sec. 61.65.
    (a) Reactor. The following requirements apply to reactors:
    (1) The concentration of vinyl chloride in each exhaust gas stream 
from each reactor is not to exceed 10 ppm (average for 3-hour period), 
except as provided in paragraph (a)(2) of this section and 
Sec. 61.65(a).
    (2) The reactor opening loss from each reactor is not to exceed 0.02 
g vinyl chloride/kg (0.00002 lb vinyl chloride/lb) of polyvinyl chloride 
product, except as provided in paragraph (f)(1) of this section, with 
the product determined on a dry solids basis. This requirement does not 
apply to prepolymerization reactors in the bulk process. This 
requirement does apply to postpolymerization reactors in the bulk 
process, where the product means the gross product of prepolymerization 
and postpolymerization.
    (3) Manual vent valve discharge. Except for an emergency manual vent 
valve discharge, there is to be no discharge to the atmosphere from any 
manual vent valve on a polyvinyl chloride reactor in vinyl chloride 
service. An emergency manual vent valve discharge means a discharge to 
the atmosphere which could not have been avoided by taking measures to 
prevent the discharge. Within 10 days of any discharge to the atmosphere 
from any manual vent valve, the owner or operator of the source from 
which the discharge occurs shall submit to the Administrator a report in 
writing containing information on the source, nature and cause of the 
discharge, the date and time of the discharge, the approximate total 
vinyl chloride loss during the discharge, the method used for 
determining the vinyl chloride loss (the calculation of the vinyl 
chloride loss), the action that was taken to prevent the discharge, and 
measures adopted to prevent future discharges.
    (b) Stripper. The concentration of vinly chloride in each exhaust 
gas stream from each stripper is not to exceed 10 ppm (average for 3-
hour period), except as provided in Sec. 61.65(a). This requirement does 
not apply to equipment that has been opened, is out of operation, and 
met the requiremention Sec. 61.65(b)(6)(i) before being opened.
    (c) Mixing, weighing, and holding containers. The concentration of 
vinyl chloride in each exhaust gas stream from each mixing, weighing, or 
holding

[[Page 38]]

container in vinyl chloride service which precedes the stripper (or the 
reactor if the plant has no stripper) in the plant process flow is not 
to exceed 10 ppm (average for 3-hour period), except as provided in 
Sec. 61.65(a). This requirement does not apply to equipment that has 
been opened, is out of operation, and met the requirement in 
Sec. 61.65(b)(6)(i) before being opened.
    (d) Monomer recovery system. The concentration of vinyl chloride in 
each exhaust gas stream from each monomer recovery system is not to 
exceed 10 ppm (average for 3-hour period), except as provided in 
Sec. 61.65(a). This requirement does not apply to equipment that has 
been opened, is out of operation, and met the requirement in 
Sec. 61.65(b)(6)(i) before being opened.
    (e) Sources following the stripper(s). The following requirements 
apply to emissions of vinyl chloride to the atmosphere from the 
combination of all sources following the stripper(s) [or the reactor(s) 
if the plant has no stripper(s)] in the plant process flow including but 
not limited to, centrifuges, concentrators, blend tanks, filters, 
dryers, conveyor air discharges, baggers, storage containers, and 
inprocess wastewater, except as provided in paragraph (f) of this 
section:
    (1) In polyvinyl chloride plants using stripping technology to 
control vinyl chloride emissions, the weighted average residual vinyl 
chloride concentration in all grades of polyvinyl chloride resin 
processed through the stripping operation on each calendar day, measured 
immediately after the stripping operation is completed, may not exceed:
    (i) 2000 ppm for polyvinyl chloride dispersion resins, excluding 
latex resins;
    (ii) 400 ppm for all other polyvinyl chloride resins, including 
latex resins, averaged separately for each type of resin; or
    (2) In polyvinyl chloride plants controlling vinyl chloride 
emissions with technology other than stripping or in addition to 
stripping, emissions of vinyl chloride to the atmosphere may not exceed:
    (i) 2 g/kg (0.002 lb/lb) product from the stripper(s) [or reactor(s) 
if the plant has no stripper(s)] for dispersion polyvinyl chloride 
resins, excluding latex resins, with the product determined on a dry 
solids basis;
    (ii) 0.4 g/kg (0.0004 lb/lb) product from the strippers [or 
reactor(s) if the plant has no stripper(s)] for all other polyvinyl 
chloride resins, including latex resins, with the product determined on 
a dry solids basis.
    (3) The provisions of this paragraph apply at all times including 
when off-specification or other types of resins are made.
    (f) Reactor used as stripper. When a nonbulk resin reactor is used 
as a stripper this paragraph may be applied in lieu of Sec. 61.64 (a)(2) 
and (e)(1):
    (1) The weighted average emissions of vinyl chloride from reactor 
opening loss and all sources following the reactor used as a stripper 
from all grades of polyvinyl chloride resin stripped in the reactor on 
each calendar day may not exceed:
    (i) 2.02 g/kg (0.00202 lb/lb) of polyvinyl chloride product for 
dispersion polyvinyl chloride resins, excluding latex resins, with the 
product determined on a dry solids basis.
    (ii) 0.42 g/kg (0.00042 lb/lb) of polyvinyl chloride product for all 
other polyvinyl chloride resins, including latex resins, with the 
product determined on a dry solids basis.

[41 FR 46564, Oct. 21, 1976, as amended at 51 FR 34909, Sept. 30, 1986; 
53 FR 36972, Sept. 23, 1988]



Sec. 61.65   Emission standard for ethylene dichloride, vinyl chloride and polyvinyl chloride plants.

    An owner or operator of an ethylene dichloride, vinyl chloride, and/
or polyvinyl chloride plant shall comply with the requirements of this 
section.
    (a) Relief valve discharge. Except for an emergency relief 
discharge, and except as provided in Sec. 61.65(d), there is to be no 
discharge to the atmosphere from any relief valve on any equipment in 
vinyl chloride service. An emergency relief discharge means a discharge 
which could not have been avoided by taking measures to prevent the 
discharge. Within 10 days of any relief valve discharge, except for 
those subject to Sec. 61.65(d), the owner or operator of the source from 
which the relief valve discharge occurs shall submit to

[[Page 39]]

the Administrator a report in writing containing information on the 
source, nature and cause of the discharge, the date and time of the 
discharge, the approximate total vinyl chloride loss during the 
discharge, the method used for determining the vinyl chloride loss (the 
calculation of the vinyl chloride loss), the action that was taken to 
prevent the discharge, and measures adopted to prevent future 
discharges.
    (b) Fugitive emission sources--(1) Loading and unloading lines. 
Vinyl chloride emissions from loading and unloading lines in vinyl 
chloride service which are opened to the atmosphere after each loading 
or unloading operation are to be minimized as follows:
    (i) After each loading or unloading operation and before opening a 
loading or unloading line to the atmosphere, the quantity of vinyl 
chloride in all parts of each loading or unloading line that are to be 
opened to the atmosphere is to be reduced so that the parts combined 
contain no greater than 0.0038 m3 (0.13 ft3) of vinyl 
chloride, at standard temperature and pressure; and
    (ii) Any vinyl chloride removed from a loading or unloading line in 
accordance with paragraph (b)(1)(i) of this section is to be ducted 
through a control system from which the concentration of vinyl chloride 
in the exhaust gases does not exceed 10 ppm (average for 3-hour period), 
or equivalent as provided in Sec. 61.66.
    (2) Slip gauges. During loading or unloading operations, the vinyl 
chloride emissions from each slip gauge in vinyl chloride service are to 
be minimized by ducting any vinyl chloride discharged from the slip 
gauge through a control system from which the concentration of vinyl 
chloride in the exhaust gases does not exceed 10 ppm (average for 3-hour 
period), or equivalent as provided in Sec. 61.66.
    (3) Leakage from pump, compressor, and agitator seals:
    (i) Rotating pumps. Vinyl chloride emissions from seals on all 
rotating pumps in vinyl chloride service are to be minimized by 
installing sealless pumps, pumps with double mechanical seals or 
equivalent as provided in Sec. 61.66. If double mechanical seals are 
used, vinyl chloride emissions from the seals are to be minimized by 
maintaining the pressure between the two seals so that any leak that 
occurs is into the pump; by ducting any vinyl chloride between the two 
seals through a control system from which the concentration of vinyl 
chloride in the exhaust gases does not exceed 10 ppm; or equivalent as 
provided in Sec. 61.66. Compliance with the provisions of 40 CFR part 61 
subpart V demonstrates compliance with the provisions of this paragraph.
    (ii) Reciprocating pumps. Vinyl chloride emissions from seals on all 
reciprocating pumps in vinyl chloride service are to be minimized by 
installing double outboard seals, or equivalent as provided in 
Sec. 61.66. If double outboard seals are used, vinyl chloride emissions 
from the seals are to be minimized by maintaining the pressure between 
the two seals so that any leak that occurs is into the pump; by ducting 
any vinyl chloride between the two seals through a control system from 
which the concentration of vinyl chloride in the exhaust gases does not 
exceed 10 ppm; or equivalent as provided in Sec. 61.66. Compliance with 
the provisions of 40 CFR part 61 subpart V demonstrates compliance with 
the provisions of this paragraph.
    (iii) Rotating compressor. Vinyl chloride emissions from seals on 
all rotating compressors in vinyl chloride service are to be minimized 
by installing compressors with double mechanical seals, or equivalent as 
provided in Sec. 61.66. If double mechanical seals are used, vinyl 
chloride emissions from the seals are to be minimized by maintaining the 
pressure between the two seals so that any leak that occurs is into the 
compressor; by ducting any vinyl chloride between the two seals through 
a control system from which the concentration of vinyl chloride in the 
exhaust gases does not exceed 10 ppm; or equivalent as provided in 
Sec. 61.66. Compliance with the provisions of 40 CFR part 61 subpart V 
demonstrates compliance with the provisions of this paragraph.
    (iv) Reciprocating compressors. Vinyl chloride emissions from seals 
on all reciprocating compressors in vinyl chloride service are to be 
minimized by installing double outboard seals, or

[[Page 40]]

equivalent as provided in Sec. 61.66. If double outboard seals are used, 
vinyl chloride emissions from the seals are to be minimized by 
maintaining the pressure between the two seals so that any leak that 
occurs is into the compressor; by ducting any vinyl chloride between the 
two seals through a control system from which concentration of vinyl 
chloride in the exhaust gases does not exceed 10 ppm; or equivalent as 
provided in Sec. 61.66. Compliance with the provisions of 40 CFR part 61 
subpart V demonstrates compliance with the provisions of this paragraph.
    (v) Agitator. Vinyl chloride emissions from seals on all agitators 
in vinyl chloride service are to be minimized by installing agitators 
with double mechanical seals, or equivalent as provided in Sec. 61.66. 
If double mechanical seals are used, vinyl chloride emissions from the 
seals are to be minimized by maintaining the pressure between the two 
seals so that any leak that occurs is into the agitated vessel; by 
ducting any vinyl chloride between the two seals through a control 
system from which the concentration of vinyl chloride in the exhaust 
gases does not exceed 10 ppm; or equivalent as provided in Sec. 61.66.
    (4) Leaks from relief valves. Vinyl chloride emissions due to leaks 
from each relief valve on equipment in vinyl chloride service shall 
comply with Sec. 61.242-4 of subpart V of this part.
    (5) Manual venting of gases. Except as provided in Sec. 61.64(a)(3), 
all gases which are manually vented from equipment in vinly chloride 
service are to be ducted through a control system from which the 
concentration of vinyl chloride in the exhaust gases does not exceed 10 
ppm (average for 3-hour period); or equivalent as provided in 
Sec. 61.66.
    (6) Opening of equipment. Vinyl chloride emissions from opening of 
equipment (excluding crude, intermediate, and final EDC storage tanks, 
but including prepolymerization reactors used in the manufacture of bulk 
resins and loading or unloading lines that are not opened to the 
atmosphere after each loading or unloading operation) are to be 
minimized follows:
    (i) Before opening any equipment for any reason, the quantity of 
vinyl chloride which is contained therein is to be reduced to an amount 
which occupies a volume of no more than 2.0 percent of the equipment's 
containment volume or 0.0950 cubic meters (25 gallons), whichever is 
larger, at standard temperature and pressure.
    (ii) Any vinyl chloride removed from the equipment in accordance 
with paragraph (b)(6)(i) of this section is to be ducted through a 
control system from which the concentration of vinyl chloride in the 
exhaust gases does not exceed 10 ppm (average for 3-hour period); or 
equivalent as provided in Sec. 61.66.
    (7) Samples. Unused portions of samples containing at least 10 
percent by weight vinyl chloride are to be returned to the process or 
destroyed in a control device from which concentration of vinyl chloride 
in the exhaust gas does not exceed 10 ppm (average for 3-hour period) or 
equivalent as provided in Sec. 61.66. Sampling techniques are to be such 
that sample containers in vinyl chloride service are purged into a 
closed process system. Compliance with the provisions of 40 CFR part 61 
subpart V demonstrates compliance with the provisions of this paragraph.
    (8) Leak detection and elimination. Vinyl chloride emissions due to 
leaks from equipment in vinyl chloride service are to be minimized as 
follows:
    (i) A reliable and accurate vinyl chloride monitoring system shall 
be operated for detection of major leaks and identification of the 
general area of the plant where a leak is located. A vinyl chloride 
monitoring system means a device which obtains air samples from one or 
more points on a continuous sequential basis and analyzes the samples 
with gas chromatography or, if the owner or operator assumes that all 
hydrocarbons measured are vinyl chloride, with infrared 
spectrophotometry, flame ion detection, or an equivalent or alternative 
method. The vinyl chloride monitoring system shall be operated according 
to a program developed by the plant owner or operator. The owner or 
operator shall submit a description of the program to the Administrator 
within 45 days of the effective date of these regulations, unless a 
waiver of compliance is granted under Sec. 61.11, or the program has 
been approved and the Administrator does not

[[Page 41]]

request a review of the program. Approval of a program will be granted 
by the Administrator provided he finds:
    (A) The location and number of points to be monitored and the 
frequency of monitoring provided for in the program are acceptable when 
they are compared with the number of pieces of equipment in vinyl 
chloride service and size and physical layout of the plant.
    (B) It contains a definition of leak which is acceptable when 
compared with the background concentrations of vinyl chloride in the 
areas of the plant to be monitored by the vinyl chloride monitoring 
system. Measurements of background concentrations of vinyl chloride in 
the areas of the plant to be monitored by the vinyl chloride monitoring 
system are to be included with the description of the program. The 
definition of leak for a given plant may vary among the different areas 
within the plant and is also to change over time as background 
concentrations in the plant are reduced.
    (C) It contains an acceptable plan of action to be taken when a leak 
is detected.
    (D) It provides for an acceptable calibration and maintenance 
schedule for the vinyl chloride monitoring system and portable 
hydrocarbon detector. For the vinyl chloride monitoring system, a daily 
span check is to be conducted with a concentration of vinyl chloride 
equal to the concentration defined as a leak according to paragraph 
(b)(8)(i)(B) of this section. The calibration is to be done with either:
    (1) A calibration gas mixture prepared from the gases specified in 
sections 5.2.1. and 5.2.2. of Test Method 106 and in accordance with 
section 7.1 of Test Method 106, or
    (2) A calibration gas cylinder standard containing the appropriate 
concentration of vinyl chloride. The gas composition of the calibration 
gas cylinder standard is to have been certified by the manufacturer. The 
manufacturer must have recommended a maximum shelf life for each 
cylinder so that the concentration does not change greater than 
5 percent from the certified value. The date of gas cylinder 
preparation, certified vinyl chloride concentration, and recommended 
maximum self life must have been affixed to the cylinder before shipment 
from the manufacturer to the buyer. If a gas chromatograph is used as 
the vinyl chloride monitoring system, these gas mixtures may be directly 
used to prepare a chromatograph calibration curve as described in 
section 7.3 of Test Method 106. The requirements in section 5.2.3.1. and 
5.2.3.2. of Test Method 106 for certification of cylinder standards and 
for establishment and verification of calibration standards are to be 
followed.
    (ii) For each process unit subject to this subpart, a formal leak 
detection and repair program shall be implemented consistent with 
subpart V of this part, except as provided in paragraph (b)(8)(iii) of 
this section. This program is to be implemented within 90 days of the 
effective date of these regulations, unless a waiver of compliance is 
granted under Sec. 61.11. Except as provided in paragraph (b)(8)(ii)(E) 
of this section, an owner or operator shall be exempt from Sec. 61.242-
1(d), Sec. 61.242-7 (a), (b), and (c), Sec. 61.246, and Sec. 61.247 of 
subpart V of this part for any process unit in which the percentage of 
leaking valves is demonstrated to be less than 2.0 percent, as 
determined in accordance with the following:
    (A) A performance test as specified in paragraph (b)(8)(ii)(B) of 
this section shall be conducted initially within 90 days of the 
effective date of these regulations, annually, and at times requested by 
the Administrator.
    (B) For each performance test, a minimum of 200 or 90 percent, 
whichever is less, of the total valves in VOC service (as defined in 
Sec. 60.481 of subpart VV of part 60) within the process unit shall be 
randomly selected and monitored within 1 week by the methods specified 
in Sec. 61.245(b) of this part. If an instrument reading of 10,000 ppm 
or greater is measured, a leak is detected. The leak percentage shall be 
determined by dividing the number of valves in VOC service for which 
leaks are detected by the number of tested valves in VOC service.
    (C) If a leak is detected, it shall be repaired in accordance with 
Sec. 61.242-7 (d) and (e) of subpart V of this part.
    (D) The results of the performance test shall be submitted in 
writing to

[[Page 42]]

the Administrator in the first quarterly report following the 
performance test as part of the reporting requirements of Sec. 61.70.
    (E) Any process unit in which the percentage of leaking valves is 
found to be greater than 2.0 percent according to the performance test 
prescribed in paragraph (b)(8)(ii)(B) of this section must comply with 
all provisions of subpart V of this part within 90 days.
    (iii) Open-ended valves or lines located on multiple service process 
lines which operate in vinyl chloride service less than 10 percent of 
the time are exempt from the requirements of Sec. 61.242-6 of subpart V, 
provided the open-ended valves or lines are addressed in the monitoring 
system required by paragraph (b)(8)(i) of this section. The 
Administrator may apply this exemption to other existing open-ended 
valves or lines that are demonstrated to require significant retrofit 
cost to comply with the requirements of Sec. 61.242-6 of subpart V.
    (9) Inprocess wastewater. Vinyl chloride emissions to the atmosphere 
from inprocess wastewater are to be reduced as follows:
    (i) The concentration of vinyl chloride in each inprocess wastewater 
stream containing greater than 10 ppm vinyl chloride measured 
immediately as it leaves a piece of equipment and before being mixed 
with any other inprocess wastewater stream is to be reduced to no more 
than 10 ppm by weight before being mixed with any other inprocess 
wastewater stream which contains less than 10 ppm vinyl chloride; before 
being exposed to the atmosphere; before being discharged to a wastewater 
treatment process; or before being discharged untreated as a wastewater. 
This paragraph does apply to water which is used to displace vinyl 
chloride from equipment before it is opened to the atmosphere in 
accordance with Sec. 61.64(a)(2) or paragraph (b)(6) of this section, 
but does not apply to water which is used to wash out equipment after 
the equipment has already been opened to the atmosphere in accordance 
with Sec. 61.64(a)(2) or paragraph (b)(6) of this section.
    (ii) Any vinyl chloride removed from the inprocess wastewater in 
accordance with paragraph (b)(9)(i) of this section is to be ducted 
through a control system from which the concentration of vinyl chloride 
in the exhaust gases does not exceed 10 ppm (average for 3-hour period); 
or equivalent as provided in Sec. 61.66.
    (c) The requirements in paragraphs (b)(1), (b)(2), (b)(5), (b)(6), 
(b)(7) and (b)(8) of this section are to be incorporated into a standard 
operating procedure, and made available upon request for inspection by 
the Administrator. The standard operating procedure is to include 
provisions for measuring the vinyl chloride in equipment 4.75 m\3\ (1255 
gal) in volume for which an emission limit is prescribed in 
Sec. 61.65(b)(6)(i) after opening the equipment and using Test Method 
106, a portable hydrocarbon detector, or an alternative method. The 
method of measurement is to meet the requirements in 
Sec. 61.67(g)(5)(i)(A) or (g)(5)(i)(B).
    (d) A RVD that is ducted to a control device that is continually 
operating while emissions from the release are present at the device is 
subject to the following requirements:
    (1) A discharge from a control device other than a flare shall not 
exceed 10 ppm (average over a 3-hour period) as determined by the 
continuous emission monitor system required under Sec. 61.68. Such a 
discharge is subject to the requirements of Sec. 61.70.
    (2) For a discharge routed to a flare, the flare shall comply with 
the requirements of Sec. 60.18.
    (i) Flare operations shall be monitored in accordance with the 
requirements of Secs. 60.18(d) and 60.18(f)(2). For the purposes of 
Sec. 60.18(d), the volume and component concentration of each relief 
valve discharge shall be estimated and calculation shall be made to 
verify ongoing compliance with the design and operating requirements of 
Secs. 60.18 (c)(3) through (c)(6). If more than one relief valve is 
discharged simultaneously to a single flare, these calculations shall 
account for the cumulative effect of all such relief valve discharges. 
These calculations shall be made and reported quarterly for all 
discharges within the quarter. Failure to comply with any of the 
requirements of this paragraph will be a violation of

[[Page 43]]

Sec. 61.65(d)(2). Monitoring for the presence of a flare pilot flame 
shall be conducted in accordance with Sec. 60.18(f)(2). If the results 
of this monitoring or any other information shows that the pilot flame 
is not present 100 percent of the time during which a relief valve 
discharge is routed to the flare, the relief valve discharge is subject 
to the provisions of Sec. 61.65(a).
    (ii) A report describing the flare design shall be provided to the 
Administrator not later than 90 days after the adoption of this 
provision or within 30 days of the installation of a flare system for 
control of relief valve discharge whichever is later. The flare design 
report shall include calculations based upon expected relief valve 
discharge component concentrations and net heating values (for PVC this 
calculation shall be based on values expected if a release occurred at 
the instant the polymerization starts); and estimated maximum exit 
velocities based upon the design throat capacity of the gas in the 
relief valve.

[41 FR 46564, Oct. 21, 1976; 41 FR 53017, Dec. 3, 1976, as amended at 42 
FR 29006, June 7, 1977; 51 FR 34910, Sept. 30, 1986; 53 FR 36972, Sept. 
23, 1988; 55 FR 28348, July 10, 1990]



Sec. 61.66  Equivalent equipment and procedures.

    Upon written application from an owner or operator, the 
Administrator may approve use of equipment or procedures which have been 
demonstrated to his satisfaction to be equivalent in terms of reducing 
vinyl chloride emissions to the atmosphere to those prescribed for 
compliance with a specific paragraph of this subpart.

[51 FR 34912, Sept. 30, 1986]



Sec. 61.67   Emission tests.

    (a) Unless a waiver of emission testing is obtained under 
Sec. 61.13, the owner or operator of a source to which this subpart 
applies shall test emissions from the source,
    (1) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial startup date preceding the 
effective date, or
    (2) Within 90 days of startup in the case of a new source, initial 
startup of which occurs after the effective date.
    (b) The owner or operator shall provide the Administrator at least 
30 days prior notice of an emission test to afford the Administrator the 
opportunity to have an observer present during the test.
    (c) Any emission test is to be conducted while the equipment being 
tested is operating at the maximum production rate at which the 
equipment will be operated and under other relevant conditions as may be 
specified by the Administrator based on representative performance of 
the source.
    (d) [Reserved]
    (e) When at all possible, each sample is to be analyzed within 24 
hours, but in no case in excess of 72 hours of sample collection. Vinyl 
chloride emissions are to be determined within 30 days after the 
emission test. The owner or operator shall report the determinations to 
the Administrator by a registered letter dispatched before the close of 
the next business day following the determination.
    (f) The owner or operator shall retain at the plant and make 
available, upon request, for inspection by the Administrator, for a 
minimum of 3 years, records of emission test results and other data 
needed to determine emissions.
    (g) Unless otherwise specified, the owner or operator shall use test 
Test Methods in appendix B to this part for each test as required by 
paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and (g)(5) of this section, 
unless an alternative method has been approved by the Administrator. If 
the Administrator finds reasonable grounds to dispute the results 
obtained by an alternative method, he may require the use of a reference 
method. If the results of the reference and alternative methods do not 
agree, the results obtained by the reference method prevail, and the 
Administrator may notify the owner or operator that approval of the 
method previously considered to be alternative is withdrawn. Whenever 
Test Method 107 is specified, and the conditions in Section 1.1, 
``Applicability'' of Method 107A are met, Method 107A may be used.
    (1) Test Method 106 is to be used to determine the vinyl chloride 
emissions from any source for which an emission

[[Page 44]]

limit is prescribed in Sec. 61.62 (a) or (b) Sec. 61.63(a), or 
Sec. 61.64(a)(1), (b), (c), or (d), or from any control system to which 
reactor emissions are required to be ducted in Sec. 61.64(a)(2) or to 
which fugitive emissions are required to be ducted is 
Sec. 61.65(b)(1)(ii), (b)(2), (b)(5), (b)(6)(ii), or (b)(9)(ii).
    (i) For each run, one sample is to be collected. The sampling site 
is to be at least two stack or duct diameters downstream and one half 
diameter upstream from any flow disturbance such as a bend, expansion, 
contraction, or visible flame. For a rectangular cross section an 
equivalent diameter is to be determined from the following equation:

equivalent diameter=2 (length) (width)/length+width

The sampling point in the duct is to be at the centroid of the cross 
section. The sample is to be extracted at a rate proportional to the gas 
velocity at the sampling point. The sample is to contain a minimum 
volume of 50 liters corrected to standard conditions and is to be taken 
over a period as close to 1 hour as practicable.
    (ii) Each emission test is to consist of three runs. For the purpose 
of determining emissions, the average of results of all runs is to 
apply. The average is to be computed on a time weighted basis.
    (iii) For gas streams containing more than 10 percent oxygen the 
concentration of vinyl chloride as determined by Test Method 106 is to 
be corrected to 10 percent oxygen (dry basis) for determination of 
emissions by using the following equation:

          Cb (corrected)=Cb 10.9/20.9-percent O2

where:

Cb (corrected)=The concentration of vinyl chloride in the exhaust 
          gases, corrected to 10-percent oxygen.
Cb=The concentration of vinyl chloride as measured by Test Method 
          106.
20.9=Percent oxygen in the ambient air at standard conditions.
10.9=Percent oxygen in the ambient air at standard conditions, minus the 
          10.0-percent oxygen to which the correction is being made.
Percent O2=Percent oxygen in the exhaust gas as measured by 
          Reference Method 3 in appendix A of part 60 of this chapter.

    (iv) For those emission sources where the emission limit is 
prescribed in terms of mass rather than concentration, mass emissions in 
kg/100 kg product are to be determined by using the following equation:

              CBX=[Cb(2.60) Q 10-6] [100]/Z

where:

CBX=kg vinyl chloride/100 kg product.
Cb=The concentration of vinyl chloride as measured by Test Method 
          106.
2.60=Density of vinyl chloride at one atmosphere and 20 deg. C in kg/
          m3.
Q=Volumetric flow rate in m3/hr as determined by Reference Method 2 
          of appendix A to part 60 of this chapter.
10-6=Conversion factor for ppm.
Z=Production rate (kg/hr).

    (2) Test Method 107 or Method 601 (incorporated by reference as 
specified in Sec. 61.18) is to be used to determine the concentration of 
vinyl chloride in each inprocess wastewater stream for which an emission 
limit is prescribed in Sec. 61.65(b)(9)(i).
    (3) When a stripping operation is used to attain the emission limits 
in Sec. 61.64 (e) and (f), emissions are to be determined using Test 
Method 107 as follows:
    (i) The number of strippers (or reactors used as strippers) and 
samples and the types and grades of resin to be sampled are to be 
determined by the Administrator for each individual plant at the time of 
the test based on the plant's operation.
    (ii) Each sample is to be taken immediately following the stripping 
operation.
    (iii) The corresponding quantity of material processed by each 
stripper (or reactor used as a stripper) is to be determined on a dry 
solids basis and by a method submitted to and approved by the 
Administrator.
    (iv) At the prior request of the Administrator, the owner or 
operator shall provide duplicates of the samples required in paragraph 
(g)(3)(i) of this section.
    (4) Where control technology other than or in addition to a 
stripping operation is used to attain the emission limit in 
Sec. 61.64(e), emissions are to be determined as follows:
    (i) Test Method 106 is to be used to determine atmospheric emissions 
from

[[Page 45]]

all of the process equipment simultaneously. The requirements of 
paragraph (g)(1) of this section are to be met.
    (ii) Test Method 107 is to be used to determine the concentration of 
vinyl chloride in each inprocess wastewater stream subject to the 
emission limit prescribed in Sec. 61.64(e). The mass of vinyl chloride 
in kg/100 kg product in each inprocess wastewater stream is to be 
determined by using the following equation:

                  CBX=[CdR10-6] [100]/Z

where:

CBX=kg vinyl chloride/100 kg product.
Cd=the concentration of vinyl chloride as measured by Test Method 
          107.
R=water flow rate in 1/hr, determined in accordance with a method which 
          has been submitted to and approved by the Administrator.
10-6=Conversion factor for ppm.
Z=Production rate (kg/hr), determined in accordance with a method which 
          has been submitted and approved by the Administrator.

    (5) The reactor opening loss for which an emission limit is 
prescribed in Sec. 61.64(a)(2) is to be determined. The number of 
reactors for which the determination is to be made is to be specified by 
the Administrator for each individual plant at the time of the 
determination based on the plant's operation.
    (i) Except as provided in paragraph (g)(5)(ii) of this section, the 
reactor opening loss is to be determined using the following equation:

                      C=W (2.60) (106) (Cb)/YZ

where:

C=kg vinyl chloride emissions/kg product.
W=Capacity of the reactor in m3.
2.60=Density of vinyl chloride at one atmosphere and 20 deg. C in kg/
          m3.
10-6=Conversion factor for ppm.
Cb=ppm by volume vinyl chloride as determined by Test Method 106 or 
          a portable hydrocarbon detector which measures hydrocarbons 
          with a sensitivity of at least 10 ppm.
Y=Number of batches since the reactor was last opened to the atmosphere.
Z=Average kg of polyvinyl chloride produced per batch in the number of 
          batches since the reactor was last opened to the atmosphere.

    (A) If Method 106 is used to determine the concentration of vinyl 
chloride (Cb), the sample is to be withdrawn at a constant rate with a 
probe of sufficient length to reach the vessel bottom from the manhole. 
Samples are to be taken for 5 minutes within 6 inches of the vessel 
bottom, 5 minutes near the vessel center, and 5 minutes near the vessel 
top.
    (B) If a portable hydrocarbon detector is used to determine the 
concentration of vinyl chloride (Cb), a probe of sufficient length to 
reach the vessel bottom from the manhole is to be used to make the 
measurements. One measurement will be made within 6 inches of the vessel 
bottom, one near the vessel center and one near the vessel top. 
Measurements are to be made at each location until the reading is 
stabilized. All hydrocarbons measured are to be assumed to be vinyl 
chloride.
    (C) The production rate of polyvinyl chloride (Z) is to be 
determined by a method submitted to and approved by the Administrator.
    (ii) A calculation based on the number of evacuations, the vacuum 
involved, and the volume of gas in the reactor is hereby approved by the 
Administrator as an alternative method for determining reactor opening 
loss for postpolymerization reactors in the manufacture of bulk resins. 
Calculation methods based on techniques other than repeated evacuation 
of the reactor may be approved by the Administrator for determining 
reactor opening loss for postpolymerization reactors in the manufacture 
of bulk resins.
    (6) For a reactor that is used as a stripper, the emissions of vinyl 
chloride from reactor opening loss and all sources following the reactor 
used as a stripper for which an emission limit is prescribed in 
Sec. 61.64(f) are to be determined. The number of reactors for which the 
determination is to be made is to be specified by the Administrator for 
each individual plant at the time of the determination based on the 
plant's operation.
    (i) For each batch stripped in the reactor, the following 
measurements are to be made:

[[Page 46]]

    (A) The concentration (ppm) of vinyl chloride in resin after 
stripping, measured according to paragraph (g)(3) of this section;
    (B) The reactor vacuum (mm Hg) at end of strip from plant 
instrument; and
    (C) The reactor temperature ( deg.C) at end of strip from plant 
instrument.
    (ii) For each batch stripped in the reactor, the following 
information is to be determined:
    (A) The vapor pressure (mm Hg) of water in the reactor at end of 
strip from the following table:

------------------------------------------------------------------------
   Reactor                                                              
    vapor      H2O vapor    Reactor    H2O vapor    Reactor       H2O   
 temperature   pressure   temperature   pressure  temperature   pressure
     (C)        (mm Hg)       (C)       (mm Hg)       (C)       (mm Hg) 
------------------------------------------------------------------------
40..........        55.3          62       163.8          84       416.8
41..........        58.3          63       171.4          85       433.6
42..........        61.5          64       179.3          86       450.9
43..........        64.8          65       187.5          87       468.7
44..........        68.3          66       196.1          88       487.1
45..........        71.9          67       205.0          89       506.1
46..........        75.6          68       214.2          90       525.8
47..........        79.6          69       223.7          91       546.0
48..........        83.7          70       233.7          92       567.0
49..........        88.0          71       243.9          93       588.6
50..........        92.5          72       254.6          94       610.9
51..........        97.2          73       265.7          95       633.9
52..........       102.1          74       277.2          96       657.6
53..........       107.2          75       289.1          97       682.1
54..........       112.5          76       301.4          98       707.3
55..........       118.0          77       314.1          99       733.2
56..........       123.8          78       327.3         100       760.0
57..........       129.8          79       341.0                        
58..........       136.1          80       355.1                        
59..........       142.6          81       369.7                        
60..........       149.4          82       384.9                        
61..........       156.4          83       400.6                        
------------------------------------------------------------------------

    (B) The partial pressure (mm Hg) of vinyl chloride in reactor at end 
of strip from the following equation:

PPVC= 760-RV-VPW

where:

PPVC=partial pressure of vinyl chloride, in mm Hg
760=atmospheric pressure at 0  deg.C, in mm Hg
RV=absolute value of reactor vacuum, in mm Hg
VPW=vapor pressure of water, in mm Hg

    (C) The reactor vapor space volume (m3) at end of strip from 
the following equation:

                                                                                                                
                                                                           PVCW                                 
                                                   RVSV=RC-WV-         ------------                             
                                                                           1,400                                
                                                                                                                

where:

RVSV=reactor vapor space volume, in m\3\
RC=reactor capacity, in m\3\
WV=volume of water in reactor from recipe, in m\3\
PVCW=dry weight of polyvinyl chloride in reactor from recipe, in kg
1,400=typical density of polyvinyl chloride, in kg/m\3\

    (iii) For each batch stripped in the reactor, the combined reactor 
opening loss and emissions from all sources following the reactor used 
as a stripper is to be determined using the following equation:

                                                                                                                
                                                                  (PPVC)(RVSV)(1,002)                           
                                        C=(PPMVC)(10-3)+    ------------------------------                      
                                                                    (PVCW)(273+RT)                              
                                                                                                                

where:

C=g vinyl chloride/kg polyvinyl chloride product
PPMVC=concentration of vinyl chloride in resin after stripping, in ppm
10-3=conversion factor for ppm

[[Page 47]]

PPVC=partial pressure of vinyl chloride determined according to 
          paragraph (g)(6)(ii)(B) of this section, in mm Hg
RVSV=reactor vapor space volume determined according to paragraph 
          (g)(6)(ii)(C) of this section, in m3
1,002=ideal gas constant in g- deg.K/mm Hg-m3 for vinyl chloride
PVCW=dry weight of polyvinyl chloride in reactor from recipe, in kg
273=conversion factor for  deg.C to  deg.K
RT=reactor temperature, in  deg.C

    (h)(1) Each piece of equipment within a process unit that can 
reasonably contain equipment in vinyl chloride service is presumed to be 
in vinyl chloride service unless an owner or operator demonstrates that 
the piece of equipment is not in vinyl chloride service. For a piece of 
equipment to be considered not in vinyl chloride service, it must be 
determined that the percent vinyl chloride content can be reasonably 
expected not to exceed 10 percent by weight for liquid streams or 
contained liquid volumes and 10 percent by volume for gas streams or 
contained gas volumes, which also includes gas volumes above liquid 
streams or contained liquid volumes. For purposes of determining the 
percent vinyl chloride content of the process fluid that is contained in 
or contacts equipment, procedures that conform to the methods described 
in ASTM Method D-2267 (incorporated by reference as specified in 
Sec. 61.18) shall be used.
    (2)(i) An owner or operator may use engineering judgment rather than 
the procedures in paragraph (h)(1) of this section to demonstrate that 
the percent vinyl chloride content does not exceed 10 percent by weight 
for liquid streams and 10 percent by volume for gas streams, provided 
that the engineering judgment demonstrates that the vinyl chloride 
content clearly does not exceed 10 percent. When an owner or operator 
and the Administrator do not agree on whether a piece of equipment is 
not in vinyl chloride service, however, the procedures in paragraph 
(h)(1) of this section shall be used to resolve the disagreement.
    (ii) If an owner or operator determines that a piece of equipment is 
in vinyl chloride service, the determination can be revised only after 
following the procedures in paragraph (h)(1) of this section.
    (3) Samples used in determining the percent vinyl chloride content 
shall be representative of the process fluid that is contained in or 
contacts the equipment.

[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29007, June 7, 1977; 47 
FR 39486, Sept. 8, 1982; 50 FR 46295, Nov. 7, 1985; 51 FR 34912, Sept. 
30, 1986]



Sec. 61.68   Emission monitoring.

    (a) A vinyl chloride monitoring system is to be used to monitor on a 
continuous basis the emissions from the sources for which emission 
limits are prescribed in Secs. 61.62 (a) and (b), 61.63(a), and 61.64 
(a)(1), (b), (c), and (d), and for any control system to which reactor 
emissions are required to be ducted in Sec. 61.64(a)(2) or to which 
fugitive emissions are required to be ducted in Sec. 61.65 (b)(1)(ii), 
and (b)(2), (b)(5), (b)(6) (ii), and (b)(9)(ii).
    (b) The vinyl chloride monitoring system(s) used to meet the 
requirement in paragraph (a) of this section is to be a device which 
obtains representative samples from one or more applicable emission 
points on a continuous sequential basis and analyzes the samples with 
gas chromatography or, if the owner or operator assumes that all 
hydrocarbons measured are vinyl chloride, with infrared 
spectrophotometry, flame ion detection, or an alternative method. The 
vinyl chloride monitoring system used to meet the requirements in 
Sec. 61.65(b)(8)(i) may be used to meet the requirements of this 
section.
    (c) A daily span check is to be conducted for each vinyl chloride 
monitoring system used. For all of the emission sources listed in 
paragraph (a) of this section, except the one for which an emission 
limit is prescribed in Sec. 61.62(b), the daily span check is to be 
conducted with a concentration of vinyl chloride equal to 10 ppm. For 
the emission source for which an emission limit is prescribed in 
Sec. 61.62(b), the daily span check is to be conducted with a 
concentration of vinyl chloride which is determined to be equivalent to 
the emission limit for that source based on the emission test required 
by Sec. 61.67. The calibration is to be done with either:

[[Page 48]]

    (1) A calibration gas mixture prepared from the gases specified in 
sections 5.2.1 and 5.2.2 of Test Method 106 and in accordance with 
section 7.1 of Test Method 106, or
    (2) A calibration gas cylinder standard containing the appropriate 
concentration of vinyl chloride. The gas composition of the calibration 
gas cylinder standard is to have been certified by the manufacturer. The 
manufacturer must have recommended a maximum shelf life for each 
cylinder so that the concentration does not change greater than 
plus-minus5 percent from the certified value. The date of gas 
cylinder preparation, certified vinyl chloride concentration and 
recommended maximum shelf life must have been affixed to the cylinder 
before shipment from the manufacturer to the buyer. If a gas 
chromatograph is used as the vinyl chloride monitoring system, these gas 
mixtures may be directly used to prepare a chromatograph calibration 
curve as described in section 7.3 of Test Method 106. The requirements 
in sections 5.2.3.1 and 5.2.3.2 of Test Method 106 for certification of 
cylinder standards and for establishment and verification of calibration 
standards are to be followed.
    (d) When exhaust gas(es), having emission limits that are subject to 
the requirement of paragraph (a) of this section, are emitted to the 
atmosphere without passing through the control system and required vinyl 
chloride monitoring system, the vinyl chloride content of the emission 
shall be calculated (in units of each applicable emission limit) by best 
practical engineering judgment based on the discharge duration and known 
VC concentrations in the affected equipment as determined in accordance 
with Sec. 61.67(h) or other acceptable method.
    (e) For each 3-hour period, the vinyl chloride content of emissions 
subject to the requirements of paragraphs (a) and (d) of this section 
shall be averaged (weighted according to the proportion of time that 
emissions were continuously monitored and that emissions bypassed the 
continuous monitor) for purposes of reporting excess emissions under 
Sec. 61.70(c)(1).
    (f) For each vinyl chloride emission to the atmosphere determined in 
accordance with paragraph (e) of this section to be in excess of the 
applicable emission limits, the owner or operator shall record the 
identity of the source(s), the date, time, and duration of the excess 
emission, the cause of the excess emission, and the approximate total 
vinyl chloride loss during the excess emission, and the method used for 
determining the vinyl chloride loss. This information shall be retained 
and made available for inspection by the Administrator as required by 
Sec. 61.71(a).

[41 FR 46564, Oct. 21, 1976; 41 FR 53017, Dec. 3, 1976, as amended at 42 
FR 29007, June 7, 1977; 50 FR 46295, Nov. 7, 1985; 51 FR 34913, Sept. 
30, 1986; 55 FR 28349, July 10, 1990]



Sec. 61.69   Initial report.

    (a) An owner or operator of any source to which this subpart applies 
shall submit a statement in writing notifying the Administrator that the 
equipment and procedural specifications in Sec. 61.65 (b)(1), (b)(2), 
(b)(3), (b)(4), (b)(5), (b)(6), (b)(7), and (b)(8) are being 
implemented.
    (b)(1) In the case of an existing source or a new source which has 
an initial startup date preceding the effective date, the statement is 
to be submitted within 90 days of the effective date, unless a waiver of 
compliance is granted under Sec. 61.11, along with the information 
required under Sec. 61.10. If a waiver of compliance is granted, the 
statement is to be submitted on a date scheduled by the Administrator.
    (2) In the case of a new source which did not have an initial 
startup date preceding the effective date, the statement is to be 
submitted within 90 days of the initial startup date.
    (c) The statement is to contain the following information:
    (1) A list of the equipment installed for compliance,
    (2) A description of the physical and functional characteristics of 
each piece of equipment,
    (3) A description of the methods which have been incorporated into 
the standard operating procedures for measuring or calculating the 
emissions for which emission limits are prescribed in Sec. 61.65 
(b)(1)(i) and (b)(6)(i),
    (4) A statement that each piece of equipment is installed and that 
each

[[Page 49]]

piece of equipment and each procedure is being used.



Sec. 61.70  Reporting.

    (a)(1) The owner or operator of any source to which this subpart 
applies shall submit to the Administrator on March 15, June 15, 
September 15, and December 15 of each year a report in writing 
containing the information required by this section. The first report is 
to be submitted following the first full 3-month reporting period after 
the initial report is submitted.
    (2) In the case of an existing source, the approved reporting 
schedule shall be used. In addition, quarterly reports shall be 
submitted exactly 3 months following the current reporting dates.
    (b)(1) In the case of an existing source or a new source which has 
an initial startup date preceding the effective date, the first report 
is to be submitted within 180 days of the effective date, unless a 
waiver of compliance is granted under Sec. 61.11. If a waiver of 
compliance is granted, the first report is to be submitted on a date 
scheduled by the Administrator.
    (2) In the case of a new source which did not have an initial 
startup date preceding the effective date, the first report is to be 
submitted within 180 days of the initial startup date.
    (c) Unless otherwise specified, the owner or operator shall use the 
Test Methods in appendix B to this part to conduct emission tests as 
required by paragraphs (c)(2) and (c)(3) of this section, unless an 
alternative method has been approved by the Administrator. If the 
Administrator finds reasonable grounds to dispute the results obtained 
by an alternative method, he may require the use of a reference method. 
If the results of the reference and alternative methods do not agree, 
the results obtained by the reference method prevail, and the 
Administrator may notify the owner or operator that approval of the 
method previously considered to be alternative is withdrawn.
    (1) The owner or operator shall include in the report a record of 
the vinyl chloride content of emissions for each 3-hour period during 
which average emissions are in excess of the emission limits in 
Sec. 61.62 (a) or (b), Sec. 61.63 (a), or Sec. 61.64 (a)(1), (b), (c), 
or (d), or during which average emissions are in excess of the emission 
limits specified for any control system to which reactor emissions are 
required to be ducted in Sec. 61.64 (a)(2) or to which fugitive 
emissions are required to be ducted in Sec. 61.65 (b)(i)(ii), (b)(2), 
(b)(5), (b)(6)(ii), or (b)(9)(ii).The number of 3-hour periods for which 
average emissions were determined during the reporting period shall be 
reported. If emissions in excess of the emission limits are not 
detected, the report shall contain a statement that no excess emissions 
have been detected. The emissions are to be determined in accordance 
with Sec. 61.68(e).
    (2) In polyvinyl chloride plants for which a stripping operation is 
used to attain the emission level prescribed in Sec. 61.64(e), the owner 
or operator shall include in the report a record of the vinyl chloride 
content in the polyvinyl chloride resin.
    (i) If batch stripping is used, one representative sample of 
polyvinyl chloride resin is to be taken from each batch of each grade of 
resin immediately following the completion of the stripping operation, 
and identified by resin type and grade and the date and time the batch 
is completed. The corresponding quantity of material processed in each 
stripper batch is to be recorded and identified by resin type and grade 
and the date and time the batch is completed.
    (ii) If continuous stripping is used, one representative sample of 
polyvinyl chloride resin is to be taken for each grade of resin 
processed or at intervals of 8 hours for each grade of resin which is 
being processed, whichever is more frequent. The sample is to be taken 
as the resin flows out of the stripper and identified by resin type and 
grade and the date and time the sample was taken. The corresponding 
quantity of material processed by each stripper over the time period 
represented by the sample during the 8-hour period, is to be recorded 
and identified by resin type and grade and the date and time it 
represents.
    (iii) The vinyl chloride content in each sample is to be determined 
by Test Method 107 as prescribed in Sec. 61.67(g)(3).
    (iv) [Reserved]

[[Page 50]]

    (v) The report to the Administrator by the owner or operator is to 
include a record of any 24-hour average resin vinyl chloride 
concentration, as determined in this paragraph, in excess of the limits 
prescribed in Sec. 61.64(e). The vinyl chloride content found in each 
sample required by paragraphs (c)(2)(i) and (c)(2)(ii) of this section 
shall be averaged separately for each type of resin, over each calendar 
day and weighted according to the quantity of each grade of resin 
processed by the stripper(s) that calendar day, according to the 
following equation:


      
where:
AT =24-hour average concentration of type T resin in ppm (dry 
          weight basis)
QT =Total production of type T resin over the 24-hour period, in 
          kg.
T=Type of resin.
MGi=Concentration of vinyl chloride in one sample of grade Gi resin 
          in ppm.
PGi=Production of grade Gi resin represented by the sample, in kg.
Gi=Grade of resin: e.g., G1, G2, G3.
n=Total number of grades of resin produced during the 24-hour period.
    The number of 24-hour average concentrations for each resin type 
determined during the reporting period shall be reported. If no 24-hour 
average resin vinyl chloride concentrations in excess of the limits 
prescribed in Sec. 61.64(e) are measured, the report shall state that no 
excess resin vinyl chloride concentrations were measured.

    (vi) The owner or operator shall retain at the source and make 
available for inspection by the Administrator for a minimum of 3 years 
records of all data needed to furnish the information required by 
paragraph (c)(2)(v) of this section. The records are to contain the 
following information:
    (A) The vinyl chloride content found in all the samples required in 
paragraphs (c)(2)(i) and (c)(2)(ii) of this section, identified by the 
resin type and grade and the time and date of the sample, and
    (B) The corresponding quantity of polyvinyl chloride resin processed 
by the stripper(s), identified by the resin type and grade and the time 
and date it represents.
    (3) The owner or operator shall include in the report a record of 
any emissions from each reactor opening in excess of the emission limits 
prescribed in Sec. 61.64(a)(2). Emissions are to be determined in 
accordance with Sec. 61.67(g)(5), except that emissions for each reactor 
are to be determined. The number of reactor openings during the 
reporting period shall be reported. If emissions in excess of the 
emission limits are not detected, the report shall include a statement 
that excess emissions have not been detected.
    (4) In polyvinyl chloride plants for which stripping in the reactor 
is used to attain the emission level prescribed in Sec. 61.64(f), the 
owner or operator shall include in the report a record of the vinyl 
chloride emissions from reactor opening loss and all sources following 
the reactor used as a stripper.
    (i) One representative sample of polyvinyl chloride resin is to be 
taken from each batch of each grade of resin immediately following the 
completion of the stripping operation, and identified by resin type and 
grade and the date and time the batch is completed. The corresponding 
quantity of material processed in each stripper batch is to be recorded 
and identified by resin type and grade and the date and time the batch 
is completed.
    (ii) The vinyl chloride content in each sample is to be determined 
by Test Method 107 as prescribed in Sec. 61.67(g)(3).

[[Page 51]]

    (iii) The combined emissions from reactor opening loss and all 
sources following the reactor used as a stripper are to be determined 
for each batch stripped in a reactor according to the procedure 
prescribed in Sec. 61.67(g)(6).
    (iv) The report to the Administrator by the owner or operator is to 
include a record of any 24-hour average combined reactor opening loss 
and emissions from all sources following the reactor used as a stripper 
as determined in this paragraph, in excess of the limits prescribed in 
Sec. 61.64(f). The combined reactor opening loss and emissions from all 
sources following the reactor used as a stripper associated with each 
batch are to be averaged separately for each type of resin, over each 
calendar day and weighted according to the quantity of each grade of 
resin stripped in reactors that calendar day as follows:
    For each type of resin (suspension, dispersion, latex, bulk, other), 
the following calculation is to be performed:


      
where:
AT =24-hour average combined reactor opening loss and emissions 
          from all sources following the reactor used as a stripper, in 
          g vinyl chloride/kg product (dry weight basis).
QT=Total production of resin in batches for which stripping is 
          completed during the 24-hour period, in kg.
T=Type of resin.
CGi=Average combined reactor opening loss and emissions from all 
          sources following the reactor used as a stripper of all 
          batches of grade Gi resin for which stripping is 
          completed during the 24-hour period, in g vinyl chloride/kg 
          product (dry weight basis) (determined according to procedure 
          prescribed in Sec. 61.67(g)(6)).
PGi=Production of grade Gi resin in the batches for which C is 
          determined, in kg.
Gi=Grade of resin e.g., G1, G2, and G3.
n=Total number of grades of resin in batches for which stripping is 
          completed during the 24-hour period.

    The number of 24-hour average emissions determined during the 
reporting period shall be reported. If no 24-hour average combined 
reactor opening loss and emissions from all sources following the 
reactor used a stripper in excess of the limits prescribed in 
Sec. 61.64(f) are determined, the report shall state that no excess 
vinyl chloride emissions were determined.

[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29007, June 7, 1977; 50 
FR 46295, Nov. 7, 1985; 51 FR 34914, Sept. 30, 1986; 53 FR 36972, Sept. 
23, 1988; 53 FR 46976, Nov. 21, 1988]



Sec. 61.71   Recordkeeping.

    (a) The owner or operator of any source to which this subpart 
applies shall retain the following information at the source and make it 
available for inspection to the Administrator for a minimum of 3 years:
    (1) A record of the leaks detected by the vinyl chloride monitoring 
system, as required by Sec. 61.65(b)(8), including the concentrations of 
vinyl chloride measured, analyzed, and recorded by the vinyl chloride 
detector, the location of each measurement and the date and approximate 
time of each measurement.
    (2) A record of the leaks detected during routine monitoring with 
the portable hydrocarbon detector and the action taken to repair the 
leaks, as required by Sec. 61.65(b)(8), including a brief statement 
explaining the location and cause of each leak detected with the 
portable hydrocarbon detector, the date and time of the leak, and any 
action taken to eliminate that leak.
    (3) A record of emissions measured in accordance with Sec. 61.68.

[[Page 52]]

    (4) A daily operating record for each polyvinyl chloride reactor, 
including pressures and temperatures.

[41 FR 46594, Oct. 21, 1976, as amended at 42 FR 29007, June 7, 1977; 51 
FR 34914, Sept. 30, 1986]



                          Subpart G--[Reserved]



 Subpart H--National Emission Standards for Emissions of Radionuclides 
          Other Than Radon From Department of Energy Facilities

    Source: 54 FR 51695, Dec. 15, 1989, unless otherwise noted.



Sec. 61.90  Designation of facilities.

    The provisions of this subpart apply to operations at any facility 
owned or operated by the Department of Energy that emits any 
radionuclide other than radon-222 and radon-220 into the air, except 
that this subpart does not apply to disposal at facilities subject to 40 
CFR part 191, subpart B or 40 CFR part 192.



Sec. 61.91  Definitions.

    As used in this subpart, all terms not defined here have the meaning 
given them in the Clean Air Act or 40 CFR part 61, subpart A. The 
following terms shall have the following specific meanings:
    (a) Effective dose equivalent means the sum of the products of 
absorbed dose and appropriate factors to account for differences in 
biological effectiveness due to the quality of radiation and its 
distribution in the body of reference man. The unit of the effective 
dose equivalent is the rem. For purposes of this subpart, doses caused 
by radon-222 and its respective decay products formed after the radon is 
released from the facility are not included. The method for calculating 
effective dose equivalent and the definition of reference man are 
outlined in the International Commission on Radiological Protection's 
Publication No. 26.
    (b) Facility means all buildings, structures and operations on one 
contiguous site.
    (c) Radionuclide means a type of atom which spontaneously undergoes 
radioactive decay.
    (d) Residence means any home, house, apartment building, or other 
place of dwelling which is occupied during any portion of the relevant 
year.



Sec. 61.92  Standard.

    Emissions of radionuclides to the ambient air from Department of 
Energy facilities shall not exceed those amounts that would cause any 
member of the public to receive in any year an effective dose equivalent 
of 10 mrem/yr.



Sec. 61.93  Emission monitoring and test procedures.

    (a) To determine compliance with the standard, radionuclide 
emissions shall be determined and effective dose equivalent values to 
members of the public calculated using EPA approved sampling procedures, 
computer models CAP-88 or AIRDOS-PC, or other procedures for which EPA 
has granted prior approval. DOE facilities for which the maximally 
exposed individual lives within 3 kilometers of all sources of emissions 
in the facility, may use EPA's COMPLY model and associated procedures 
for determining dose for purposes of compliance.
    (b) Radionuclide emission rates from point sources (stacks or vents) 
shall be measured in accordance with the following requirements or other 
procedures for which EPA has granted prior approval:
    (1) Effluent flow rate measurements shall be made using the 
following methods:
    (i) Reference Method 2 of appendix A to part 60 shall be used to 
determine velocity and volumetric flow rates for stacks and large vents.
    (ii) Reference Method 2A of appendix A to part 60 shall be used to 
measure flow rates through pipes and small vents.
    (iii) The frequency of the flow rate measurements shall depend upon 
the variability of the effluent flow rate. For variable flow rates, 
continuous or frequent flow rate measurements shall be made. For 
relatively constant flow rates only periodic measurements are necessary.

[[Page 53]]

    (2) Radionuclides shall be directly monitored or extracted, 
collected and measured using the following methods:
    (i) Reference Method 1 of appendix A part 60 shall be used to select 
monitoring or sampling sites.
    (ii) The effluent stream shall be directly monitored continuously 
with an in-line detector or representative samples of the effluent 
stream shall be withdrawn continuously from the sampling site following 
the guidance presented in ANSIN13.1-1969 ``Guide to Sampling Airborne 
Radioactive Materials in Nuclear Facilities'' (including the guidance 
presented in appendix A of ANSIN13.1) (incorporated by reference--see 
Sec. 61.18). The requirements for continuous sampling are applicable to 
batch processes when the unit is in operation. Periodic sampling (grab 
samples) may be used only with EPA's prior approval. Such approval may 
be granted in cases where continuous sampling is not practical and 
radionuclide emission rates are relatively constant. In such cases, grab 
samples shall be collected with sufficient frequency so as to provide a 
representative sample of the emissions.
    (iii) Radionuclides shall be collected and measured using procedures 
based on the principles of measurement described in appendix B, Method 
114. Use of methods based on principles of measurement different from 
those described in appendix B, Method 114 must have prior approval from 
the Administrator. EPA reserves the right to approve measurement 
procedures.
    (iv) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, Method 114.
    (3) When it is impractical to measure the effluent flow rate at an 
existing source in accordance with the requirements of paragraph (b)(1) 
of this section or to monitor or sample an effluent stream at an 
existing source in accordance with the site selection and sample 
extraction requirements of paragraph (b)(2) of this section, the 
facility owner or operator may use alternative effluent flow rate 
measurement procedures or site selection and sample extraction 
procedures provided that:
    (i) It can be shown that the requirements of paragraph (b) (1) or 
(2) of this section are impractical for the effluent stream.
    (ii) The alternative procedure will not significantly underestimate 
the emissions.
    (iii) The alternative procedure is fully documented.
    (iv) The owner or operator has received prior approval from EPA.
    (4)(i) Radionuclide emission measurements in conformance with the 
requirements of paragraph (b) of this section shall be made at all 
release points which have a potential to discharge radionuclides into 
the air in quantities which could cause an effective dose equivalent in 
excess of 1% of the standard. All radionuclides which could contribute 
greater than 10% of the potential effective dose equivalent for a 
release point shall be measured. With prior EPA approval, DOE may 
determine these emissions through alternative procedures. For other 
release points which have a potential to release radionuclides into the 
air, periodic confirmatory measurements shall be made to verify the low 
emissions.
    (ii) To determine whether a release point is subject to the emission 
measurement requirements of paragraph (b) of this section, it is 
necessary to evaluate the potential for radionuclide emissions for that 
release point. In evaluating the potential of a release point to 
discharge radionuclides into the air for the purposes of this section, 
the estimated radionuclide release rates shall be based on the discharge 
of the effluent stream that would result if all pollution control 
equipment did not exist, but the facilities operations were otherwise 
normal.
    (5) Environmental measurements of radionuclide air concentrations at 
critical receptor locations may be used as an alternative to air 
dispersion calculations in demonstrating compliance with the standard if 
the owner or operator meets the following criteria:
    (i) The air at the point of measurement shall be continuously 
sampled for collection of radionuclides.
    (ii) Those radionuclides released from the facility, which are the 
major contributors to the effective dose equivalent must be collected 
and measured as part of the environmental measurement program.

[[Page 54]]

    (iii) Radionuclide concentrations which would cause an effective 
dose equivalent of 10% of the standard shall be readily detectable and 
distinguishable from background.
    (iv) Net measured radionuclide concentrations shall be compared to 
the concentration levels in Table 2 of appendix E to determine 
compliance with the standard. In the case of multiple radionuclides 
being released from a facility, compliance shall be demonstrated if the 
value for all radionuclides is less than the concentration level in 
Table 2, and the sum of the fractions that result when each measured 
concentration value is divided by the value in Table 2 for each 
radionuclide is less than 1.
    (v) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, Method 114.
    (vi) Use of environmental measurements to demonstrate compliance 
with the standard is subject to prior approval of EPA. Applications for 
approval shall include a detailed description of the sampling and 
analytical methodology and show how the above criteria will be met.



Sec. 61.94  Compliance and reporting.

    (a) Compliance with this standard shall be determined by calculating 
the highest effective dose equivalent to any member of the public at any 
offsite point where there is a residence, school, business or office. 
The owners or operators of each facility shall submit an annual report 
to both EPA headquarters and the appropriate regional office by June 30 
which includes the results of the monitoring as recorded in DOE's 
Effluent Information System and the dose calculations required by 
Sec. 61.93(a) for the previous calendar year.
    (b) In addition to the requirements of paragraph (a) of this 
section, an annual report shall include the following information:
    (1) The name and location of the facility.
    (2) A list of the radioactive materials used at the facility.
    (3) A description of the handling and processing that the 
radioactive materials undergo at the facility.
    (4) A list of the stacks or vents or other points where radioactive 
materials are released to the atmosphere.
    (5) A description of the effluent controls that are used on each 
stack, vent, or other release point and an estimate of the efficiency of 
each control device.
    (6) Distances from the points of release to the nearest residence, 
school, business or office and the nearest farms producing vegetables, 
milk, and meat.
    (7) The values used for all other user-supplied input parameters for 
the computer models (e.g., meteorological data) and the source of these 
data.
    (8) A brief description of all construction and modifications which 
were completed in the calendar year for which the report is prepared, 
but for which the requirement to apply for approval to construct or 
modify was waived under Sec. 61.96 and associated documentation 
developed by DOE to support the waiver. EPA reserves the right to 
require that DOE send to EPA all the information that normally would be 
required in an application to construct or modify, following receipt of 
the description and supporting documentation.
    (9) Each report shall be signed and dated by a corporate officer or 
public official in charge of the facility and contain the following 
declaration immediately above the signature line: ``I certify under 
penalty of law that I have personally examined and am familiar with the 
information submitted herein and based on my inquiry of those 
individuals immediately responsible for obtaining the information, I 
believe that the submitted information is true, accurate and complete. I 
am aware that there are significant penalties for submitting false 
information including the possibility of fine and imprisonment. See, 18 
U.S.C. 1001.''
    (c) If the facility is not in compliance with the emission limits of 
Sec. 61.92 in the calendar year covered by the report, then the facility 
must commence reporting to the Administrator on a monthly basis the 
information listed in paragraph (b) of this section, for the preceding 
month. These reports will start the month immediately following the 
submittal of the annual report for the year in noncompliance and will be 
due 30 days following the end of each

[[Page 55]]

month. This increased level of reporting will continue until the 
Administrator has determined that the monthly reports are no longer 
necessary. In addition to all the information required in paragraph (b) 
of this section, monthly reports shall also include the following 
information:
    (1) All controls or other changes in operation of the facility that 
will be or are being installed to bring the facility into compliance.
    (2) If the facility is under a judicial or administrative 
enforcement decree, the report will describe the facilities performance 
under the terms of the decree.
    (d) In those instances where the information requested is 
classified, such information will be made available to EPA separate from 
the report and will be handled and controlled according to applicable 
security and classification regulations and requirements.



Sec. 61.95  Recordkeeping requirements.

    All facilities must maintain records documenting the source of input 
parameters including the results of all measurements upon which they are 
based, the calculations and/or analytical methods used to derive values 
for input parameters, and the procedure used to determine effective dose 
equivalent. This documentation should be sufficient to allow an 
independent auditor to verify the accuracy of the determination made 
concerning the facility's compliance with the standard. These records 
must be kept at the site of the facility for at least five years and, 
upon request, be made available for inspection by the Administrator, or 
his authorized representative.



Sec. 61.96  Applications to construct or modify.

    (a) In addition to any activity that is defined as construction 
under 40 CFR part 61, subpart A, any fabrication, erection or 
installation of a new building or structure within a facility that emits 
radionuclides is also defined as new construction for purposes of 40 CFR 
part 61, subpart A.
    (b) An application for approval under Sec. 61.07 or notification of 
startup under Sec. 61.09 does not need to be filed for any new 
construction of or modification within an existing facility if the 
effective dose equivalent, caused by all emissions from the new 
construction or modification, is less than 1% of the standard prescribed 
in Sec. 61.92. For purposes of this paragraph the effective dose 
equivalent shall be calculated using the source term derived using 
appendix D as input to the dispersion and other computer models 
described in Sec. 61.93. DOE may, with prior approval from EPA, use 
another procedure for estimating the source term for use in this 
paragraph. A facility is eligible for this exemption only if, based on 
its last annual report, the facility is in compliance with this subpart.
    (c) Conditions to approvals granted under Sec. 61.08 will not 
contain requirements for post approval reporting on operating conditions 
beyond those specified in Sec. 61.94.



Sec. 61.97  Exemption from the reporting and testing requirements of 40 CFR 61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



 Subpart I--National Emission Standards for Radionuclide Emissions From 
  Facilities Licensed by the Nuclear Regulatory Commission and Federal 
                   Facilities Not Covered by Subpart H

    Source: 54 FR 51697, Dec. 15, 1989, unless otherwise noted.

    Effective Date Note: The effectiveness of subpart I for nuclear 
power reactors was stayed until April 15, 1991, at 56 FR 10514, Mar. 13, 
1991. At 56 FR 37158, Aug. 5, 1991, the effective date was stayed in 
part indefinitely. See Sec. 61.109(b).



Sec. 61.100  Applicability.

    The provisions of this subpart apply to facilities other than 
nuclear power reactors which are licensed by the Nuclear Regulatory 
Commission. This subpart also applies to facilities owned or operated by 
any Federal agency other than the Department of Energy, except that this 
subpart does not apply to disposal at facilities regulated under 40 CFR 
part 191, subpart B, or to any uranium mill tailings pile after it has

[[Page 56]]

been disposed of under 40 CFR part 192, or to low energy accelerators, 
or to any NRC-licensee that possesses and uses radionuclides only in the 
form of sealed sources.

[60 FR 46212, Sept. 5, 1995]



Sec. 61.101  Definitions.

    As used in this subpart, all terms not defined here have the meaning 
given them in the Clean Air Act or subpart A of part 61. The following 
terms shall have the following specific meanings:
    (a) Agreement State means a State with which the Atomic Energy 
Commission or the Nuclear Regulatory Commission has entered into an 
effective agreement under subsection 274(b) of the Atomic Energy Act of 
1954, as amended.
    (b) Effective dose equivalent means the sum of the products of 
absorbed dose and appropriate factors to account for differences in 
biological effectiveness due to the quality of radiation and its 
distribution in the body of reference man. The unit of the effective 
dose equivalent is the rem. For purposes of this subpart doses caused by 
radon-222 and its decay products formed after the radon is released from 
the facility are not included. The method for calculating effective dose 
equivalent and the definition of reference man are outlined in the 
International Commission on Radiological Protection's Publication No. 
26.
    (c) Facility means all buildings, structures and operations on one 
contiguous site.
    (d) Federal facility means any facility owned or operated by any 
department, commission, agency, office, bureau or other unit of the 
government of the United States of America except for facilities owned 
or operated by the Department of Energy.
    (e) NRC-licensed facility means any facility licensed by the Nuclear 
Regulatory Commission or any Agreement State to receive title to, 
receive, possess, use, transfer, or deliver any source, by-product, or 
special nuclear material.
    (f) Radionuclide means a type of atom which spontaneously undergoes 
radioactive decay.



Sec. 61.102  Standard.

    (a) Emissions of radionuclides, including iodine, to the ambient air 
from a facility regulated under this subpart shall not exceed those 
amounts that would cause any member of the public to receive in any year 
an effective dose equivalent of 10 mrem/yr.
    (b) Emissions of iodine to the ambient air from a facility regulated 
under this subpart shall not exceed those amounts that would cause any 
member of the public to receive in any year an effective dose equivalent 
of 3 mrem/yr.



Sec. 61.103  Determining compliance.

    (a) Compliance with the emission standard in this subpart shall be 
determined through the use of either the EPA computer code COMPLY or the 
alternative requirements of appendix E. Facilities emitting 
radionuclides not listed in COMPLY or appendix E shall contact EPA to 
receive the information needed to determine dose. The source terms to be 
used for input into COMPLY shall be determined through the use of the 
measurement procedures listed in Sec. 61.107 or the emission factors in 
appendix D or through alternative procedures for which EPA has granted 
prior approval; or,
    (b) Facilities may demonstrate compliance with the emission standard 
in this subpart through the use of computer models that are equivalent 
to COMPLY, provided that the model has received prior approval from EPA 
headquarters. Any facility using a model other than COMPLY must file an 
annual report. EPA may approve an alternative model in whole or in part 
and may limit its use to specific circumstances.



Sec. 61.104  Reporting requirements.

    (a) The owner or operator of a facility subject to this subpart must 
submit an annual report to the EPA covering the emissions of a calendar 
year by March 31 of the following year.
    (1) The report or application for approval to construct or modify as 
required by 40 CFR part 61, subpart A and Sec. 61.106, must provide the 
following information:
    (i) The name of the facility.
    (ii) The name of the person responsible for the operation of the 
facility

[[Page 57]]

and the name of the person preparing the report (if different).
    (iii) The location of the facility, including suite and/or building 
number, street, city, county, state, and zip code.
    (iv) The mailing address of the facility, if different from item 
(iii).
    (v) A list of the radioactive materials used at the facility.
    (vi) A description of the handling and processing that the 
radioactive materials undergo at the facility.
    (vii) A list of the stacks or vents or other points where 
radioactive materials are released to the atmosphere.
    (viii) A description of the effluent controls that are used on each 
stack, vent, or other release point and an estimate of the efficiency of 
each device.
    (ix) Distances from the point of release to the nearest residence, 
school, business or office and the nearest farms producing vegetables, 
milk, and meat.
    (x) The effective dose equivalent calculated using the compliance 
procedures in Sec. 61.103.
    (xi) The physical form and quantity of each radionuclide emitted 
from each stack, vent or other release point, and the method(s) by which 
these quantities were determined.
    (xii) The volumetric flow, diameter, effluent temperature, and 
release height for each stack, vent or other release point where 
radioactive materials are emitted, the method(s) by which these were 
determined.
    (xiii) The height and width of each building from which 
radionuclides are emitted.
    (xiv) The values used for all other user-supplied input parameters 
(e.g., meteorological data) and the source of these data.
    (xv) A brief description of all construction and modifications which 
were completed in the calendar year for which the report is prepared, 
but for which the requirement to apply for approval to construct or 
modify was waived under Sec. 61.106, and associated documentation 
developed by the licensee to support the waiver. EPA reserves the right 
to require that the licensee send to EPA all the information that 
normally would be required in an application to construct or modify, 
following receipt of the description and supporting documentation.
    (xvi) Each report shall be signed and dated by a corporate officer 
or public official in charge of the facility and contain the following 
declaration immediately above the signature line: ``I certify under 
penalty of law that I have personally examined and am familiar with the 
information submitted herein and based on my inquiry of those 
individuals immediately responsible for obtaining the information, I 
believe that the submitted information is true, accurate and complete. I 
am aware that there are significant penalties for submitting false 
information including the possibility of fine and imprisonment. See, 18 
U.S.C. 1001.''
    (b) Facilities emitting radionuclides in an amount that would cause 
less than 10% of the dose standard in Sec. 61.102, as determined by the 
compliance procedures from Sec. 61.103(a), are exempt from the reporting 
requirements of Sec. 61.104(a). Facilities shall annually make a new 
determination whether they are exempt from reporting.
    (c) If the facility is not in compliance with the emission limits of 
Sec. 61.102 in the calendar year covered by the report, the facility 
must report to the Administrator on a monthly basis the information 
listed in paragraph (a) of this section, for the preceding month. These 
reports will start the month immediately following the submittal of the 
annual report for the year in noncompliance and will be due 30 days 
following the end of each month. This increased level of reporting will 
continue until the Administrator has determined that the monthly reports 
are no longer necessary. In addition to all the information required in 
paragraph (a) of this section, monthly reports shall also include the 
following information:
    (1) All controls or other changes in operation of the facility that 
will be or are being installed to bring the facility into compliance.
    (2) If the facility is under a judicial or administrative 
enforcement decree the report will describe the facilities performance 
under the terms of the decree.
    (d) The first report will cover the emissions of calendar year 1990.

[[Page 58]]



Sec. 61.105   Recordkeeping requirements.

    The owner or operator of any facility must maintain records 
documenting the source of input parameters including the results of all 
measurements upon which they are based, the calculations and/or 
analytical methods used to derive values for input parameters, and the 
procedure used to determine compliance. This documentation should be 
sufficient to allow an independent auditor to verify the accuracy of the 
determination made concerning the facility's compliance with the 
standard, and, if claimed, qualification for exemption from reporting. 
These records must be kept at the site of the facility for at least five 
years and upon request be made available for inspection by the 
Administrator, or his authorized representative.



Sec. 61.106   Applications to construct or modify.

    (a) In addition to any activity that is defined as construction 
under 40 CFR part 61, subpart A, any fabrication, erection or 
installation of a new building or structure within a facility is also 
defined as new construction for purposes of 40 CFR part 61, subpart A.
    (b) An application under Sec. 61.07 does not need to be filed for 
any new construction of or modification within an existing facility if 
one of the following conditions is met:
    (1) The effective dose equivalent calculated by using methods 
described in Sec. 61.103, that is caused by all emissions from the 
facility including those potentially emitted by the proposed new 
construction or modification, is less than 10% of the standard 
prescribed in Sec. 61.102.
    (2) The effective dose equivalent calculated by using methods 
described in Sec. 61.103, that is caused by all emissions from the new 
construction or modification, is less than 1% of the limit prescribed in 
Sec. 61.102. A facility is eligible for this exemption only if the 
facility, based on its last annual report, is in compliance with this 
subpart.



Sec. 61.107   Emission determination.

    (a) Facility owners or operators may, in lieu of monitoring, 
estimate radionuclide emissions in accordance with appendix D, or other 
procedure for which EPA has granted prior approval.
    (b) Radionuclide emission rates from point sources (e.g. stacks or 
vents) shall be measured in accordance with the following requirements:
    (1) Effluent flow rate measurements shall be made using the 
following methods:
    (i) Reference Method 2 of appendix A to part 60 shall be used to 
determine velocity and volumetric flow rates for stacks and large vents.
    (ii) Reference Method 2A of appendix A to part 60 shall be used to 
measure flow rates through pipes and small vents.
    (iii) The frequency of the flow rate measurements shall depend upon 
the variability of the effluent flow rate. For variable flow rates, 
continuous or frequent flow rate measurements shall be made. For 
relatively constant flow rates only periodic measurements are necessary.
    (2) Radionuclides shall be directly monitored or extracted, 
collected, and measured using the following methods:
    (i) Reference Method 1 of appendix A part 60 shall be used to select 
monitoring or sampling sites.
    (ii) The effluent stream shall be directly monitored continuously 
using an in-line detector or representative samples of the effluent 
stream shall be withdrawn continuously from the sampling site following 
the guidance presented in ANSIN13.1-1969 ``Guide to Sampling Airborne 
Radioactive Materials in Nuclear Facilities'' (including the guidance 
presented in appendix A of ANSIN13.1) (incorporated by reference--see 
Sec. 61.18). The requirements for continuous sampling are applicable to 
batch processes when the unit is in operation. Periodic sampling (grab 
samples) may be used only with EPA's prior approval. Such approval may 
be granted in cases where continuous sampling is not practical and 
radionuclide emission rates are relatively constant. In such cases, grab 
samples shall be collected with sufficient frequency so as to provide a 
representative sample of the emissions.
    (iii) Radionuclides shall be collected and measured using procedures 
based on the principles of measurement described in appendix B, Method 
114. Use

[[Page 59]]

of methods based on principles of measurement different from those 
described in appendix B, Method 114 must have prior approval from the 
Administrator. EPA reserves the right to approve alternative measurement 
procedures in whole or in part.
    (iv) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, method 114.
    (3) When it is impractical to measure the effluent flow rate at an 
existing source in accordance with the requirements of paragraph (b)(1) 
of this section or to monitor or sample an effluent stream at an 
existing source in accordance with the site selection and sample 
extraction requirements of paragraph (b)(2) of this section, the 
facility owner or operator may use alternative effluent flow rate 
measurement procedures or site selection and sample extraction 
procedures provided that:
    (i) It can be shown that the requirements of paragraphs (b) (1) and 
(2) of this section are impractical for the effluent stream.
    (ii) The alternative procedure will not significantly underestimate 
the emissions.
    (iii) The alternative procedure is fully documented.
    (iv) The owner or operator has received prior approval from EPA.
    (4)(i) Radionuclide emission measurements in conformance with the 
requirements of paragraph (b) of this section shall be made at all 
release points which have a potential to discharge radionuclides into 
the air in quantities which could cause an effective dose equivalent in 
excess of 1% of the standard. All radionuclides which could contribute 
greater than 10% of the potential effective dose equivalent for a 
release point shall be measured. For other release points which have a 
potential to release radionuclides into the air, periodic confirmatory 
measurements should be made to verify the low emissions.
    (ii) To determine whether a release point is subject to the emission 
measurement requirements of paragraph (b) of this section, it is 
necessary to evaluate the potential for radionuclide emissions for that 
release point. In evaluating the potential of a release point to 
discharge radionuclides into the air, the estimated radionuclide release 
rates shall be based on the discharge of the uncontrolled effluent 
stream into the air.
    (5) Environmental measurements of radionuclide air concentrations at 
critical receptor locations may be used as an alternative to air 
dispersion calculations in demonstrating compliance with the standards 
if the owner or operator meets the following criteria:
    (i) The air at the point of measurement shall be continuously 
sampled for collection of radionuclides.
    (ii) Those radionuclides released from the facility, which are the 
major contributors to the effective dose equivalent must be collected 
and measured as part of the environmental measurements program.
    (iii) Radionuclide concentrations which would cause an effective 
dose equivalent greater than or equal to 10% of the standard shall be 
readily detectable and distinguishable from background.
    (iv) Net measured radionuclide concentrations shall be compared to 
the concentration levels in table 2 of appendix E to determine 
compliance with the standard. In the case of multiple radionuclides 
being released from a facility, compliance shall be demonstrated if the 
value for all radionuclides is less than the concentration level in 
table 2 and the sum of the fractions that result when each measured 
concentration value is divided by the value in table 2 for each 
radionuclide is less than 1.
    (v) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, method 114.
    (vi) Use of environmental measurements to demonstrate compliance 
with the standard is subject to prior approval of EPA. Applications for 
approval shall include a detailed description of the sampling and 
analytical methodology and show how the above criteria will be met.
    (c) The following facilities may use either the methodologies and 
quality assurance programs described in paragraph (b) of this section or 
may use the following:

[[Page 60]]

    (1) Fuel processing and fabrication plants and uranium hexafluoride 
plants may determine their emissions in conformance with the Nuclear 
Regulatory Commission's Regulatory Guide 4.16 dated December 1985. In 
addition, they may conduct a quality assurance program as described in 
the Nuclear Regulatory Commission's Regulatory Guide 4.15 dated February 
1979.
    (2) Uranium mills may determine their emissions in conformance with 
the Nuclear Regulatory Commission's Regulatory Guide 4.14 dated April 
1980. In addition, they may conduct a quality assurance program as 
described in the Nuclear Regulatory Commission's Regulatory Guide 4.15 
dated February 1979.

[54 FR 51697, Dec. 15, 1989, as amended at 61 FR 46212, Sept. 5, 1995]



Sec. 61.108  Exemption from the reporting and testing requirements of 40 CFR 61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



  Subpart J--National Emission Standard for Equipment Leaks (Fugitive 
                      Emission Sources) of Benzene

    Source: 49 FR 23513, June 6, 1984, unless otherwise noted.



Sec. 61.110  Applicability and designation of sources.

    (a) The provisions of this subpart apply to each of the following 
sources that are intended to operate in benzene service: pumps, 
compressors, pressure relief devices, sampling connections, systems, 
open-ended valves or lines, valves, flanges and other connectors, 
product accumulator vessels, and control devices or systems required by 
this subpart.
    (b) The provisions of this subpart do not apply to sources located 
in coke by-product plants.
    (c)(1) If an owner or operator applies for one of the exemptions in 
this paragraph, then the owner or operator shall maintain records as 
required in Sec. 61.246(i).
    (2) Any equipment in benzene service that is located at a plant site 
designed to produce or use less than 1,000 megagrams of benzene per year 
is exempt from the requirements of Sec. 61.112.
    (3) Any process unit (defined in Sec. 61.241) that has no equipment 
in benzene service is exempt from the requirements of Sec. 61.112.
    (d) While the provisions of this subpart are effective, a source to 
which this subpart applies that is also subject to the provisions of 40 
CFR part 60 only will be required to comply with the provisions of this 
subpart.



Sec. 61.111  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, in subpart A of part 61, or in subpart V 
of part 61, and the following terms shall have the specific meanings 
given them:
    In benzene service means that a piece of equipment either contains 
or contacts a fluid (Liquid or gas) that is at least 10 percent benzene 
by weight as determined according to the provisions of Sec. 61.245(d). 
The provisions of Sec. 61.245(d) also specify how to determine that a 
piece of equipment is not in benzene service.
    Semiannual means a 6-month period; the first semiannual period 
concludes on the last day of the last month during the 180 days 
following initial startup for new sources; and the first semiannual 
period concludes on the last day of the last full month during the 180 
days after June 6, 1984 for existing sources.



Sec. 61.112  Standards.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the requirements of subpart V of this part.
    (b) An owner or operator may elect to comply with the requirements 
of Secs. 61.243-1 and 61.243-2.
    (c) An owner or operator may apply to the Administrator for a 
determination of an alternative means of emission limitation that 
achieves a reduction in emissions of benzene at least equivalent to the 
reduction in emissions of benzene achieved by the controls required in 
this subpart. In doing so, the owner or operator shall comply with 
requirements of Sec. 61.244.

[[Page 61]]



 Subpart K--National Emission Standards for Radionuclide Emissions From 
                       Elemental Phosphorus Plants

    Source: 54 FR 51699, Dec. 15, 1989, unless otherwise noted.



Sec. 61.120  Applicability.

    The provisions of this subpart are applicable to owners or operators 
of calciners and nodulizing kilns at elemental phosphorus plants.



Sec. 61.121  Definitions.

    (a) Elemental phosphorus plant or plant means any facility that 
processes phosphate rock to produce elemental phosphorus. A plant 
includes all buildings, structures, operations, calciners and nodulizing 
kilns on one contiguous site.
    (b) Calciner or Nodulizing kiln means a unit in which phosphate rock 
is heated to high temperatures to remove organic material and/or to 
convert it to a nodular form. For the purpose of this subpart, calciners 
and nodulizing kilns are considered to be similar units.



Sec. 61.122  Emission standard.

    Emissions of polonium-210 to the ambient air from all calciners and 
nodulizing kilns at an elemental phosphorus plant shall not exceed a 
total of 2 curies a year; except that compliance with this standard may 
be conclusively shown if the elemental phosphorus plant:
    (a) Installs a Hydro-Sonic Tandem Nozzle Fixed Throat 
Free-Jet Scrubber System including four scrubber units,
    (b) All four scrubber units are operated continuously with a minimum 
average over any 6-hour period of 40 inches (water column) of pressure 
drop across each scrubber during calcining of phosphate shale,
    (c) The system is used to scrub emissions from all calciners and/or 
nodulizing kilns at the plant, and
    (d) Total emissions of polonium-210 from the plant do not exceed 4.5 
curies per year.

Alternative operating conditions, which can be shown to achieve an 
overall removal efficiency for emissions of polonium-210 which is equal 
to or greater than the efficiency which would be achieved under the 
operating conditions described in paragraphs (a), (b), and (c) of this 
section, may be used with prior approval of the Administrator. A 
facility shall apply for such approval in writing, and the Administrator 
shall act upon the request within 30 days after receipt of a complete 
and technically sufficient application.

[56 FR 65943, Dec. 19, 1991]



Sec. 61.123  Emission testing.

    (a) Each owner or operator of an elemental phosphorus plant shall 
test emissions from the plant within 90 days of the effective date of 
this standard and annually thereafter. The Administrator may temporarily 
or permanently waive the annual testing requirement or increase the 
frequency of testing, if the Administrator determines that more testing 
is required.
    (b) The Administrator shall be notified at least 30 days prior to an 
emission test so that EPA may, at its option, observe the test.
    (c) An emission test shall be conducted at each operational calciner 
or nodulizing kiln. If emissions from a calciner or nodulizing kiln are 
discharged through more than one stack, then an emission test shall be 
conducted at each stack and the total emission rate from the calciner or 
kiln shall be the sum of the emission rates from each of the stacks.
    (d) Each emission test shall consist of three sampling runs that 
meet the requirements of Sec. 61.125. The phosphate rock processing rate 
during each run shall be recorded. An emission rate in curies per metric 
ton of phosphate rock processed shall be calculated for each run. The 
average of all three runs shall apply in computing the emission rate for 
the test. The annual polonium-210 emission rate from a calciner or 
nodulizing kiln shall be determined by multiplying the measured 
polonium-210 emission rate in curies per metric ton of phosphate rock 
processed by the annual phosphate rock processing rate in metric tons. 
In determining the annual phosphate rock processing rate, the values 
used for operating hours and operating capacity shall be values that 
will maximize the expected processing rate. For determining compliance 
with

[[Page 62]]

the emission standard of Sec. 61.122, the total annual emission rate is 
the sum of the annual emission rates for all operating calciners and 
nodulizing kilns.
    (e) If the owner or operator changes his operation in such a way as 
to increase his emissions of polonium-210, such as changing the type of 
rock processed, the temperature of the calciners or kilns, or increasing 
the annual phosphate rock processing rate, then a new emission test, 
meeting the requirements of this section, shall be conducted within 45 
days under these conditions.
    (f) Each owner or operator of an elemental phosphorus plant shall 
furnish the Administrator with a written report of the results of the 
emission test within 60 days of conducting the test. The report must 
provide the following information:
    (1) The name and location of the facility.
    (2) The name of the person responsible for the operation of the 
facility and the name of the person preparing the report (if different).
    (3) A description of the effluent controls that are used on each 
stack, vent, or other release point and an estimate of the efficiency of 
each device.
    (4) The results of the testing, including the results of each 
sampling run completed.
    (5) The values used in calculating the emissions and the source of 
these data.
    (6) Each report shall be signed and dated by a corporate officer in 
charge of the facility and contain the following declaration immediately 
above the signature line: ``I certify under penalty of law that I have 
personally examined and am familiar with the information submitted 
herein and based on my inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment. See, 18 U.S.C. 1001.''



Sec. 61.124  Recordkeeping requirements.

    The owner or operator of any plant must maintain records documenting 
the source of input parameters including the results of all measurements 
upon which they are based, the calculations and/or analytical methods 
used to derive values for input parameters, and the procedure used in 
emission testing. This documentation should be sufficient to allow an 
independent auditor to verify the accuracy of the results of the 
emission testing. These records must be kept at the site of the plant 
for at least five years and, upon request, be made available for 
inspection by the Administrator, or his authorized representative.



Sec. 61.125  Test methods and procedures.

    (a) Each owner or operator of a source required to test emissions 
under Sec. 61.123, unless an equivalent or alternate method has been 
approved by the Administrator, shall use the following test methods:
    (1) Test Method 1 of appendix A to 40 CFR part 60 shall be used to 
determine sample and velocity traverses;
    (2) Test Method 2 of appendix A to 40 CFR part 60 shall be used to 
determine velocity and volumetric flow rate;
    (3) Test Method 3 of appendix A to 40 CFR part 60 shall be used for 
gas analysis;
    (4) Test Method 5 of appendix A to 40 CFR part 60 shall be used to 
collect particulate matter containing the polonium-210; and
    (5) Test Method 111 of appendix B to 40 CFR part 61 shall be used to 
determine the polonium-210 emissions.



Sec. 61.126  Monitoring of operations.

    (a) The owner or operator of any source subject to this subpart 
using a wet-scrubbing emission control device shall install, calibrate, 
maintain, and operate a monitoring device for the continuous measurement 
and recording of the pressure drop of the gas stream across each 
scrubber. The monitoring device must be certified by the manufacturer to 
be accurate within 250 pascal (1 inch of water). 
The owner or operator of any source subject to this subpart using a wet-
scrubbing emission control device shall also install, calibrate, 
maintain, and operate a monitoring device for the continuous measurement 
and recording of the scrubber

[[Page 63]]

fluid flow rate. These continuous measurement recordings shall be 
maintained at the source and made available for inspection by the 
Administrator, or his authorized representative, for a minimum of 5 
years.
    (b) The owner or operator of any source subject to this subpart 
using an electrostatic precipitator control device shall install, 
calibrate, maintain, and operate a monitoring device for the continuous 
measurement and recording of the primary and secondary current and the 
voltage in each electric field. These continuous measurement recordings 
shall be maintained at the source and made available for inspection by 
the Administrator, or his authorized representative, for a minimum of 5 
years.

[56 FR 65943, Dec. 19, 1991]



Sec. 61.127  Exemption from the reporting and testing requirements of 40 CFR 61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



 Subpart L--National Emission Standard for Benzene Emissions from Coke 
                       By-Product Recovery Plants

    Source: 54 FR 38073, Sept. 14, 1989, unless otherwise noted.



Sec. 61.130  Applicability, designation of sources, and delegation of authority.

    (a) The provisions of this subpart apply to each of the following 
sources at furnace and foundry coke by-product recovery plants: tar 
decanters, tar storage tanks, tar-intercepting sumps, flushing-liquor 
circulation tanks, light-oil sumps, light-oil condensers, light-oil 
decanters, wash-oil decanters, wash-oil circulation tanks, naphthalene 
processing, final coolers, final-cooler cooling towers, and the 
following equipment that are intended to operate in benzene service: 
pumps, valves, exhausters, pressure relief devices, sampling connection 
systems, open-ended valves or lines, flanges or other connectors, and 
control devices or systems required by Sec. 61.135.
    (b) The provisions of this subpart also apply to benzene storage 
tanks, BTX storage tanks, light-oil storage tanks, and excess ammonia-
liquor storage tanks at furnace coke by-product recovery plants.
    (c) In delegating implementation and enforcement authority to a 
State under section 112 of the Act, the authorities contained in 
paragraph (d) of this section shall be retained by the Administrator and 
not transferred to a State.
    (d) Authorities that will not be delegated to States: 
Sec. 61.136(d).

[54 FR 51699, Dec. 15, 1989, as amended at 56 FR 47406, Sept. 19, 1991]



Sec. 61.131  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, in subpart A of part 61, and in subpart V 
of part 61. The following terms shall have the specific meanings given 
them:
    Annual coke production means the coke produced in the batteries 
connected to the coke by-product recovery plant over a 12-month period. 
The first 12-month period concludes on the first December 31 that comes 
at least 12 months after the effective date or after the date of initial 
startup if initial startup is after the effective date.
    Benzene storage tank means any tank, reservoir, or container used to 
collect or store refined benzene.
    BTX storage tank means any tank, reservoir, or container used to 
collect or store benzene-toluene-xylene or other light-oil fractions.
    Car seal means a seal that is placed on the device used to change 
the position of a valve (e.g., from open to closed) such that the 
position of the valve cannot be changed without breaking the seal and 
requiring the replacement of the old seal, once broken, with a new seal.
    Coke by-product recovery plant means any plant designed and operated 
for the separation and recovery of coal tar derivatives (by-products) 
evolved from coal during the coking process of a coke oven battery.
    Equipment means each pump, valve, exhauster, pressure relief device, 
sampling connection system, open-ended

[[Page 64]]

valve or line, and flange or other connector in benzene service.
    Excess ammonia-liquor storage tank means any tank, reservoir, or 
container used to collect or store a flushing liquor solution prior to 
ammonia or phenol recovery.
    Exhauster means a fan located between the inlet gas flange and 
outlet gas flange of the coke oven gas line that provides motive power 
for coke oven gases.
    Foundry coke means coke that is produced from raw materials with 
less than 26 percent volatile material by weight and that is subject to 
a coking period of 24 hours or more. Percent volatile material of the 
raw materials (by weight) is the weighted average percent volatile 
material of all raw materials (by weight) charged to the coke oven per 
coking cycle.
    Foundry coke by-product recovery plant means a coke by-product 
recovery plant connected to coke batteries whose annual coke production 
is at least 75 percent foundry coke.
    Flushing-liquor circulation tank means any vessel that functions to 
store or contain flushing liquor that is separated from the tar in the 
tar decanter and is recirculated as the cooled liquor to the gas 
collection system.
    Furnace coke means coke produced in by-product ovens that is not 
foundry coke.
    Furnace coke by-product recovery plant means a coke by-product 
recovery plant that is not a foundry coke by-product recovery plant.
    In benzene service means a piece of equipment, other than an 
exhauster, that either contains or contacts a fluid (liquid or gas) that 
is at least 10 percent benzene by weight or any exhauster that either 
contains or contacts a fluid (liquid or gas) at least 1 percent benzene 
by weight as determined by the provisions of Sec. 61.137(b). The 
provisions of Sec. 61.137(b) also specify how to determine that a piece 
of equipment is not in benzene service.
    Light-oil condenser means any unit in the light-oil recovery 
operation that functions to condense benzene-containing vapors.
    Light-oil decanter means any vessel, tank, or other type of device 
in the light-oil recovery operation that functions to separate light oil 
from water downstream of the light-oil condenser. A light-oil decanter 
also may be known as a light-oil separator.
    Light-oil storage tank means any tank, reservoir, or container used 
to collect or store crude or refined light-oil.
    Light-oil sump means any tank, pit, enclosure, or slop tank in 
light-oil recovery operations that functions as a wastewater separation 
device for hydrocarbon liquids on the surface of the water.
    Naphthalene processing means any operations required to recover 
naphthalene including the separation, refining, and drying of crude or 
refined naphthalene.
    Non-regenerative carbon adsorber means a series, over time, of non-
regenerative carbon beds applied to a single source or group of sources, 
where non-regenerative carbon beds are carbon beds that are either never 
regenerated or are moved from their location for regeneration.
    Process vessel means each tar decanter, flushing-liquor circulation 
tank, light-oil condenser, light-oil decanter, wash-oil decanter, or 
wash-oil circulation tank.
    Regenerative carbon adsorber means a carbon adsorber applied to a 
single source or group of sources, in which the carbon beds are 
regenerated without being moved from their location.
    Semiannual means a 6-month period; the first semiannual period 
concludes on the last day of the last full month during the 180 days 
following initial startup for new sources; the first semiannual period 
concludes on the last day of the last full month during the 180 days 
after the effective date of the regulation for existing sources.
    Tar decanter means any vessel, tank, or container that functions to 
separate heavy tar and sludge from flushing liquor by means of gravity, 
heat, or chemical emulsion breakers. A tar decanter also may be known as 
a flushing-liquor decanter.
    Tar storage tank means any vessel, tank, reservoir, or other type of 
container used to collect or store crude tar or tar-entrained 
naphthalene, except for tar products obtained by distillation, such as 
coal tar pitch, creosotes,

[[Page 65]]

or carbolic oil. This definition also includes any vessel, tank, 
reservoir, or container used to reduce the water content of the tar by 
means of heat, residence time, chemical emulsion breakers, or 
centrifugal separation. A tar storage tank also may be known as a tar-
dewatering tank.
    Tar-intercepting sump means any tank, pit, or enclosure that serves 
to receive or separate tars and aqueous condensate discharged from the 
primary cooler. A tar-intercepting sump also may be known as a primary-
cooler decanter.
    Vapor incinerator means any enclosed combustion device that is used 
for destroying organic compounds and does not necessarily extract energy 
in the form of steam or process heat.
    Wash-oil circulation tank means any vessel that functions to hold 
the wash oil used in light-oil recovery operations or the wash oil used 
in the wash-oil final cooler.
    Wash-oil decanter means any vessel that functions to separate, by 
gravity, the condensed water from the wash oil received from a wash-oil 
final cooler or from a light-oil scrubber.

[54 FR 38073, Sept. 14, 1989, as amended at 56 FR 47406, Sept. 19, 1991]



Sec. 61.132  Standard: Process vessels, storage tanks, and tar-intercepting sumps.

    (a)(1) Each owner or operator of a furnace or a foundry coke 
byproduct recovery plant shall enclose and seal all openings on each 
process vessel, tar storage tank, and tar-intercepting sump.
    (2) The owner or operator shall duct gases from each process vessel, 
tar storage tank, and tar-intercepting sump to the gas collection 
system, gas distribution system, or other enclosed point in the by-
product recovery process where the benzene in the gas will be recovered 
or destroyed. This control system shall be designed and operated for no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background and visual inspections, as determined by the 
methods specified in Sec. 61.245(c). This system can be designed as a 
closed, positive pressure, gas blanketing system.
    (i) Except, the owner or operator may elect to install, operate, and 
maintain a pressure relief device, vacuum relief device, an access 
hatch, and a sampling port on each process vessel, tar storage tank, and 
tar-intercepting sump. Each access hatch and sampling port must be 
equipped with a gasket and a cover, seal, or lid that must be kept in a 
closed position at all times, unless in actual use.
    (ii) The owner or operator may elect to leave open to the atmosphere 
the portion of the liquid surface in each tar decanter necessary to 
permit operation of a sludge conveyor. If the owner or operator elects 
to maintain an opening on part of the liquid surface of the tar 
decanter, the owner or operator shall install, operate, and maintain a 
water leg seal on the tar decanter roof near the sludge discharge chute 
to ensure enclosure of the major portion of liquid surface not necessary 
for the operation of the sludge conveyor.
    (b) Following the installation of any control equipment used to meet 
the requirements of paragraph (a) of this section, the owner or operator 
shall monitor the connections and seals on each control system to 
determine if it is operating with no detectable emissions, using 
Reference Method 21 (40 CFR part 60, appendix A) and procedures 
specified in Sec. 61.245(c), and shall visually inspect each source 
(including sealing materials) and the ductwork of the control system for 
evidence of visible defects such as gaps or tears. This monitoring and 
inspection shall be conducted on a semiannual basis and at any other 
time after the control system is repressurized with blanketing gas 
following removal of the cover or opening of the access hatch.
    (1) If an instrument reading indicates an organic chemical 
concentration more than 500 ppm above a background concentration, as 
measured by Reference Method 21, a leak is detected.
    (2) If visible defects such as gaps in sealing materials are 
observed during a visual inspection, a leak is detected.
    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected.
    (4) A first attempt at repair of any leak or visible defect shall be 
made no

[[Page 66]]

later than 5 calendar days after each leak is detected.
    (c) Following the installation of any control system used to meet 
the requirements of paragraph (a) of this section, the owner or operator 
shall conduct a maintenance inspection of the control system on an 
annual basis for evidence of system abnormalities, such as blocked or 
plugged lines, sticking valves, plugged condensate traps, and other 
maintenance defects that could result in abnormal system operation. The 
owner or operator shall make a first attempt at repair within 5 days, 
with repair within 15 days of detection.
    (d) Each owner or operator of a furnace coke by-product recovery 
plant also shall comply with the requirements of paragraphs (a)-(c) of 
this section for each benzene storage tank, BTX storage tank, light-oil 
storage tank, and excess ammonia-liquor storage tank.



Sec. 61.133  Standard: Light-oil sumps.

    (a) Each owner or operator of a light-oil sump shall enclose and 
seal the liquid surface in the sump to form a closed system to contain 
the emissions.
    (1) Except, the owner or operator may elect to install, operate, and 
maintain a vent on the light-oil sump cover. Each vent pipe must be 
equipped with a water leg seal, a pressure relief device, or vacuum 
relief device.
    (2) Except, the owner or operator may elect to install, operate, and 
maintain an access hatch on each light-oil sump cover. Each access hatch 
must be equipped with a gasket and a cover, seal, or lid that must be 
kept in a closed position at all times, unless in actual use.
    (3) The light-oil sump cover may be removed for periodic maintenance 
but must be replaced (with seal) at completion of the maintenance 
operation.
    (b) The venting of steam or other gases from the by-product process 
to the light-oil sump is not permitted.
    (c) Following the installation of any control equipment used to meet 
the requirements of paragraph (a) of this section, the owner or operator 
shall monitor the connections and seals on each control system to 
determine if it is operating with no detectable emissions, using 
Reference Method 21 (40 CFR part 60, appendix A) and the procedures 
specified in Sec. 61.245(c), and shall visually inspect each source 
(including sealing materials) for evidence of visible defects such as 
gaps or tears. This monitoring and inspection shall be conducted 
semiannually and at any other time the cover is removed.
    (1) If an instrument reading indicates an organic chemical 
concentration more than 500 ppm above a background concentration, as 
measured by Reference Method 21, a leak is detected.
    (2) If visible defects such as gaps in sealing materials are 
observed during a visual inspection, a leak is detected.
    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected.
    (4) A first attempt at repair of any leak or visible defect shall be 
made no later than 5 calendar days after each leak is detected.



Sec. 61.134  Standard: Naphthalene processing, final coolers, and final-cooler cooling towers.

    (a) No (``zero'') emissions are allowed from naphthalene processing, 
final coolers and final-cooler cooling towers at coke by-product 
recovery plants.



Sec. 61.135  Standard: Equipment leaks.

    (a) Each owner or operator of equipment in benzene service shall 
comply with the requirements of 40 CFR part 61, subpart V, except as 
provided in this section.
    (b) The provisions of Sec. 61.242-3 and Sec. 61.242-9 of subpart V 
do not apply to this subpart.
    (c) Each piece of equipment in benzene service to which this subpart 
applies shall be marked in such a manner that it can be distinguished 
readily from other pieces of equipment in benzene service.
    (d) Each exhauster shall be monitored quarterly to detect leaks by 
the methods specified in Sec. 61.245(b) except as provided in 
Sec. 61.136(d) and paragraphs (e)-(g) of this section.
    (1) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (2) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after it

[[Page 67]]

is detected, except as provided in Sec. 61.242-10 (a) and (b). A first 
attempt at repair shall be made no later than 5 calendar days after each 
leak is detected.
    (e) Each exhauster equipped with a seal system that includes a 
barrier fluid system and that prevents leakage of process fluids to the 
atmosphere is exempt from the requirements of paragraph (d) of this 
section provided the following requirements are met:
    (1) Each exhauster seal system is:
    (i) Operated with the barrier fluid at a pressure that is greater 
than the exhauster stuffing box pressure; or
    (ii) Equipped with a barrier fluid system that is connected by a 
closed vent system to a control device that complies with the 
requirements of Sec. 61.242-11; or
    (iii) Equipped with a system that purges the barrier fluid into a 
process stream with zero benzene emissions to the atmosphere.
    (2) The barrier fluid is not in benzene service.
    (3) Each barrier fluid system shall be equipped with a sensor that 
will detect failure of the seal system, barrier fluid system, or both.
    (4)(i) Each sensor as described in paragraph (e)(3) of this section 
shall be checked daily or shall be equipped with an audible alarm.
    (ii) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (5) If the sensor indicates failure of the seal system, the barrier 
system, or both (based on the criterion determined under paragraph 
(e)(4)(ii) of this section), a leak is detected.
    (6)(i) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 61.242-10.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (f) An exhauster is exempt from the requirements of paragraph (d) of 
this section if it is equipped with a closed vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
control device that complies with the requirements of Sec. 61.242-11 
except as provided in paragraph (g) of this section.
    (g) Any exhauster that is designated, as described in Sec. 61.246(e) 
for no detectable emissions, as indicated by an instrument reading of 
less than 500 ppm above background, is exempt from the requirements of 
paragraph (d) of this section if the exhauster:
    (1) Is demonstrated to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the methods specified in Sec. 61.245(c); and
    (2) Is tested for compliance with paragraph (g)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (h) Any exhauster that is in vacuum service is excluded from the 
requirements of this subpart if it is identified as required in 
Sec. 61.246(e)(5).



Sec. 61.136   Compliance provisions and alternative means of emission limitation.

    (a) Each owner or operator subject to the provisions of this subpart 
shall demonstrate compliance with the requirements of Secs. 61.132 
through 61.135 for each new and existing source, except as provided 
under Secs. 61.243-1 and 61.243-2.
    (b) Compliance with this subpart shall be determined by a review of 
records, review of performance test results, inspections, or any 
combination thereof, using the methods and procedures specified in 
Sec. 61.137.
    (c) On the first January 1 after the first year that a plant's 
annual coke production is less than 75 percent foundry coke, the coke 
by-product recovery plant becomes a furnace coke by-product recovery 
plant and shall comply with 61.132(d). Once a plant becomes a furnace 
coke by-product recovery plant, it will continue to be considered a 
furnace coke by-product recovery plant, regardless of the coke 
production in subsequent years.
    (d)(1) An owner or operator may request permission to use an 
alternative means of emission limitation to meet the requirements in 
Secs. 61.132, 61.133, and

[[Page 68]]

61.135 of this subpart and Secs. 61.242-2,  -5, -6, -7, -8, and -11 of 
subpart V. Permission to use an alternative means of emission limitation 
shall be requested as specified in Sec. 61.12(d).
    (2) When the Administrator evaluates requests for permission to use 
alternative means of emission limitation for sources subject to 
Secs. 61.132 and 61.133 (except tar decanters) the Administrator shall 
compare test data for the means of emission limitation to a benzene 
control efficiency of 98 percent. For tar decanters, the Administrator 
shall compare test data for the means of emission limitation to a 
benzene control efficiency of 95 percent.
    (3) For any requests for permission to use an alternative to the 
work practices required under Sec. 61.135, the provisions of 
Sec. 61.244(c) shall apply.



Sec. 61.137   Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the requirements in Sec. 61.245 of 40 CFR part 61, 
subpart V.
    (b) To determine whether or not a piece of equipment is in benzene 
service, the methods in Sec. 61.245(d) shall be used, except that, for 
exhausters, the percent benzene shall be 1 percent by weight, rather 
than the 10 percent by weight described in Sec. 61.245(d).



Sec. 61.138   Recordkeeping and reporting requirements.

    (a) The following information pertaining to the design of control 
equipment installed to comply with Secs. 61.132 through 61.134 shall be 
recorded and kept in a readily accessible location:
    (1) Detailed schematics, design specifications, and piping and 
instrumentation diagrams.
    (2) The dates and descriptions of any changes in the design 
specifications.
    (b) The following information pertaining to sources subject to 
Sec. 61.132 and sources subject to Sec. 61.133 shall be recorded and 
maintained for 2 years following each semiannual (and other) inspection 
and each annual maintenance inspection:
    (1) The date of the inspection and the name of the inspector.
    (2) A brief description of each visible defect in the source or 
control equipment and the method and date of repair of the defect.
    (3) The presence of a leak, as measured using the method described 
in Sec. 61.245(c). The record shall include the date of attempted and 
actual repair and method of repair of the leak.
    (4) A brief description of any system abnormalities found during the 
annual maintenance inspection, the repairs made, the date of attempted 
repair, and the date of actual repair.
    (c) Each owner or operator of a source subject to Sec. 61.135 shall 
comply with Sec. 61.246.
    (d) For foundry coke by-product recovery plants, the annual coke 
production of both furnace and foundry coke shall be recorded and 
maintained for 2 years following each determination.
    (e)(1) An owner or operator of any source to which this subpart 
applies shall submit a statement in writing notifying the Administrator 
that the requirements of this subpart and 40 CFR 61, subpart V, have 
been implemented.
    (2) In the case of an existing source or a new source that has an 
initial startup date preceding the effective date, the statement is to 
be submitted within 90 days of the effective date, unless a waiver of 
compliance is granted under Sec. 61.11, along with the information 
required under Sec. 61.10. If a waiver of compliance is granted, the 
statement is to be submitted on a date scheduled by the Administrator.
    (3) In the case of a new source that did not have an initial startup 
date preceding the effective date, the statement shall be submitted with 
the application for approval of construction, as described under 
Sec. 61.07.
    (4) The statement is to contain the following information for each 
source:
    (i) Type of source (e.g., a light-oil sump or pump).
    (ii) For equipment in benzene service, equipment identification 
number and process unit identification: percent by weight benzene in the 
fluid at the equipment; and process fluid state in the equipment (gas/
vapor or liquid).
    (iii) Method of compliance with the standard (e.g., ``gas 
blanketing,'' ``monthly leak detection and repair,'' or ``equipped with 
dual mechanical seals''). This includes whether the plant plans to be a 
furnace or foundry

[[Page 69]]

coke by-product recovery plant for the purposes of Sec. 61.132(d).
    (f) A report shall be submitted to the Administrator semiannually 
starting 6 months after the initial reports required in Sec. 61.138(e) 
and Sec. 61.10, which includes the following information:
    (1) For sources subject to Sec. 61.132 and sources subject to 
Sec. 61.133,
    (i) A brief description of any visible defect in the source or 
ductwork,
    (ii) The number of leaks detected and repaired, and
    (iii) A brief description of any system abnormalities found during 
each annual maintenance inspection that occurred in the reporting period 
and the repairs made.
    (2) For equipment in benzene service subject to Sec. 61.135(a), 
information required by Sec. 61.247(b).
    (3) For each exhauster subject to Sec. 61.135 for each quarter 
during the semiannual reporting period,
    (i) The number of exhausters for which leaks were detected as 
described in Sec. 61.135 (d) and (e)(5),
    (ii) The number of exhausters for which leaks were repaired as 
required in Sec. 61.135 (d) and (e)(6),
    (iii) The results of performance tests to determine compliance with 
Sec. 61.135(g) conducted within the semiannual reporting period.
    (4) A statement signed by the owner or operator stating whether all 
provisions of 40 CFR part 61, subpart L, have been fulfilled during the 
semiannual reporting period.
    (5) For foundry coke by-product recovery plants, the annual coke 
production of both furnace and foundry coke, if determined during the 
reporting period.
    (6) Revisions to items reported according to paragraph (e) of this 
section if changes have occurred since the initial report or subsequent 
revisions to the initial report.

    Note: Compliance with the requirements of Sec. 61.10(c) is not 
required for revisions documented under this paragraph.

    (g) In the first report submitted as required in Sec. 61.138(e), the 
report shall include a reporting schedule stating the months that 
semiannual reports shall be submitted. Subsequent reports shall be 
submitted according to that schedule unless a revised schedule has been 
submitted in a previous semiannual report.
    (h) An owner or operator electing to comply with the provisions of 
Secs. 61.243-1 and 61.243-2 shall notify the Administrator of the 
alternative standard selected 90 days before implementing either of the 
provisions.
    (i) An application for approval of construction or modification, as 
required under Secs. 61.05(a) and 61.07, will not be required for 
sources subject to 61.135 if:
    (1) The new source complies with Sec. 61.135, and
    (2) In the next semiannual report required by Sec. 61.138(f), the 
information described in Sec. 61.138(e)(4) is reported.

[55 FR 38073, Sept. 14, 1990; 55 FR 14037, Apr. 13, 1990]



Sec. 61.139  Provisions for alternative means for process vessels, storage tanks, and tar-intercepting sumps.

    (a) As an alternative means of emission limitation for a source 
subject to Sec. 61.132(a)(2) or Sec. 61.132(d), the owner or operator 
may route gases from the source through a closed vent system to a carbon 
adsorber or vapor incinerator that is at least 98 percent efficient at 
removing benzene from the gas stream.
    (1) The provisions of Sec. 61.132(a)(1) and Sec. 61.132(a) (2)(i) 
and (ii) shall apply to the source.
    (2) The seals on the source and closed vent system shall be designed 
and operated for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background and visual inspections, as 
determined by the methods specified in Sec. 61.245(c).
    (3) The provisions of Sec. 61.132(b) shall apply to the seals and 
closed vent system.
    (b) For each carbon adsorber, the owner or operator shall adhere to 
the following practices:
    (1) Benzene captured by each carbon adsorber shall be recycled or 
destroyed in a manner that prevents benzene from being emitted to the 
atmosphere.
    (2) Carbon removed from each carbon adsorber shall be regenerated or 
destroyed in a manner that prevents benzene from being emitted to the 
atmosphere.
    (3) For each regenerative carbon adsorber, the owner or operator 
shall

[[Page 70]]

initiate regeneration of the spent carbon bed and vent the emissions 
from the source to a regenerated carbon bed no later than when the 
benzene concentration or organic vapor concentration level in the 
adsorber outlet vent reaches the maximum concentration point, as 
determined in Sec. 61.139(h).
    (4) For each non-regenerative carbon adsorber, the owner or operator 
shall replace the carbon at the scheduled replacement time, or as soon 
as practicable (but not later than 16 hours) after an exceedance of the 
maximum concentration point is detected, whichever is sooner.
    (i) For each non-regenerative carbon adsorber, the scheduled 
replacement time means the day that is estimated to be 90 percent of the 
demonstrated bed life, as defined in Sec. 61.139(h)(5).
    (ii) For each non-regenerative carbon adsorber, an exceedance of the 
maximum concentration point shall mean any concentration greater than or 
equal to the maximum concentration point as determined in 
Sec. 61.139(h).
    (c) Compliance with the provisions of this section shall be 
determined as follows:
    (1) For each carbon adsorber and vapor incinerator, the owner or 
operator shall demonstrate compliance with the efficiency limit by a 
compliance test as specified in Sec. 61.13 and Sec. 61.139(g). If a 
waiver of compliance has been granted under Sec. 61.11, the deadline for 
conducting the initial compliance test shall be incorporated into the 
terms of the waiver. The benzene removal efficiency rate for each carbon 
adsorber and vapor incinerator shall be calculated as in the following 
equation:


      
Where:
E=percent removal of benzene.
Caj=concentration of benzene in vents after the control device, 
          parts per million (ppm).
Cbi=concentration of benzene in vents before the control device, 
          ppm.
Qaj=volumetric flow rate in vents after the control device, 
          standard cubic meters/minute (scm/min).
Qbi=volumetric flow rate in vents before the control device, scm/
          min.
m=number of vents after the control device.
n=number of vents after the control device.
    (2) Compliance with all other provisions in this section shall be 
determined by inspections or the review of records and reports.
    (d) For each regenerative carbon adsorber, the owner or operator 
shall install and operate a monitoring device that continuously 
indicates and records either the concentration of benzene or the 
concentration level of organic compounds in the outlet vent of the 
carbon adsorber. The monitoring device shall be installed, calibrated, 
maintained and operated in accordance with the manufacturer's 
specifications.
    (1) Measurement of benzene concentration shall be made according to 
Sec. 61.139(g)(2).
    (2) All measurements of organic compound concentration levels shall 
be reasonable indicators of benzene concentration.
    (i) The monitoring device for measuring organic compound 
concentration levels shall be based on one of the following detection 
principles: Infrared absorption, flame ionization, catalytic oxidation, 
photoionization, or thermal conductivity.
    (ii) The monitoring device shall meet the requirements of part 60, 
appendix A, method 21, sections 2, 3, 4.1, 4.2, and 4.4. For the purpose 
of the application of method 21 to this section, the words ``leak 
definition'' shall be the maximum concentration point, which would be 
estimated until it is established under Sec. 61.139(h). The calibration 
gas shall either be benzene or methane and shall be at a concentration 
associated with 125 percent of the expected organic compound 
concentration level for the carbon adsorber outlet vent.

[[Page 71]]

    (e) For each non-regenerative carbon adsorber, the owner or operator 
shall monitor either the concentration of benzene or the concentration 
level of organic compounds at the outlet vent of the adsorber. The 
monitoring device shall be calibrated, operated and maintained in 
accordance with the manufacturer's specifications.
    (1) Measurements of benzene concentration shall be made according to 
Sec. 61.139(g)(2). The measurement shall be conducted over at least one 
5-minute interval during which flow into the carbon adsorber is expected 
to occur.
    (2) All measurements of organic compound concentration levels shall 
be reasonable indicators of benzene concentration.
    (i) The monitoring device for measuring organic compound 
concentration levels shall meet the requirements of paragraphs 
Sec. 61.139(d)(2) (i) and (ii).
    (ii) The probe inlet of the monitoring device shall be placed at 
approximately the center of the carbon adsorber outlet vent. The probe 
shall be held there for at least 5 minutes during which flow into the 
carbon adsorber is expected to occur. The maximum reading during that 
period shall be used as the measurement.
    (3) Monitoring shall be performed at least once within the first 7 
days after replacement of the carbon bed occurs, and monthly thereafter 
until 10 days before the scheduled replacement time, at which point 
monitoring shall be done daily, except as specified in paragraphs (e)(4) 
and (e)(5) of this section.
    (4) If an owner or operator detects an exceedance of the maximum 
concentration point during the monthly monitoring or on the first day of 
daily monitoring as prescribed in paragraph (e)(3) of this section, 
then, after replacing the bed, the owner or operator shall begin the 
daily monitoring of the replacement carbon bed on the day after the last 
scheduled monthly monitoring before the exceedance was detected, or 10 
days before the exceedance was detected, whichever is longer.
    (5) If an owner or operator detects an exceedance of the maximum 
concentration point during the daily monitoring as prescribed in 
paragraph (e)(3) of this section, except on the first day, then, after 
replacing the bed, the owner or operator shall begin the daily 
monitoring of the replacement carbon bed 10 days before the exceedance 
was detected.
    (6) If the owner or operator is monitoring on the schedule required 
in paragraph (e)(4) or paragraph (e)(5) of this section, and the 
scheduled replacement time is reached without exceeding the maximum 
concentration point, the owner or operator may return to the monitoring 
schedule in paragraph (e)(3) of this section for subsequent carbon beds.

    Note: This note provides an example of the monitoring schedules in 
paragraphs (e)(3), (e)(4) and (e)(5) of this section. Assume that the 
scheduled replacement time for a non-regenerative carbon adsorber is the 
105th day after installation. According to the monitoring schedule in 
paragraph (e)(3) of this section, initial monitoring would be done 
within 7 days after installation, monthly monitoring would be done on 
the 30th, 60th and 90th days, and daily monitoring would begin on the 
95th day after installation. Now assume that an exceedance of the 
maximum concentration point is detected on the 90th day after 
installation. On the replacement carbon bed, the owner or operator would 
begin daily monitoring on the 61st day after installation (i.e., the day 
after the last scheduled monthly monitoring before the exceedance was 
detected), according to the requirements in paragraph (e)(4) of this 
section. If, instead, the exceedance were detected on the first bed on 
the 95th day, the daily monitoring of the replacement bed would begin on 
the 85th day after installation (i.e., 10 days before the point in the 
cycle where the exceedance was detected); this is a second example of 
the requirements in paragraph (e)(4) of this section. Finally, assume 
that an exceedance of the maximum concentration point is detected on the 
100th day after the first carbon adsorber was installed. According to 
paragraph (e)(5) of this section, daily monitoring of the replacement 
bed would begin on the 90th day after installation (i.e., 10 days 
earlier than when the exceedance was detected on the previous bed). In 
all of these examples, the initial monitoring of the replacement bed 
within 7 days of installation and the monthly monitoring would proceed 
as set out in paragraph (e)(3) of this section until daily monitoring 
was required.

    (f) For each vapor incinerator, the owner or operator shall comply 
with the monitoring requirements specified below:

[[Page 72]]

    (1) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a temperature monitoring device equipped 
with a continuous recorder and having an accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
or 0.5 deg. C, whichever is greater.
    (i) Where a vapor incinerator other than a catalytic incinerator is 
used, the temperature monitoring device shall be installed in the 
firebox.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Comply with paragraph (f)(2)(i), paragraph (f)(2)(ii), or 
paragraph (f)(3)(iii) of this section.
    (i) Install, calibrate, maintain and operate according to the 
manufacturer's specifications a flow indicator that provides a record of 
vent stream flow to the incinerator at least once every hour for each 
source. The flow indicator shall be installed in the vent stream from 
each source at a point closest to the inlet of each vapor incinerator 
and before being joined with any other vent stream.
    (ii) Install, calibrate, maintain and operate according to the 
manufacturer's specifications a flow indicator that provides a record of 
vent stream flow away from the vapor incinerator at least once every 15 
minutes. The flow indicator shall be installed in each bypass line, 
immediately downstream of the valve that, if opened, would divert the 
vent stream away from the vapor incinerator.
    (iii) Where a valve that opens a bypass line is secured in the 
closed position with a car seal or a lock-and-key configuration, a flow 
indicator is not required. The owner or operator shall perform a visual 
inspection at least once every month to check the position of the valve 
and the condition of the car seal or lock-and-key configuration. The 
owner or operator shall also record the date and duration of each time 
that the valve was opened and the vent stream diverted away from the 
vapor incinerator.
    (g) In conducting the compliance tests required in Sec. 61.139(c), 
and measurements specified in Sec. 61.139(d)(1), (e)(1) and (h)(3)(ii), 
the owner or operator shall use as reference methods the test methods 
and procedures in appendix A to 40 CFR part 60, or other methods as 
specified in this paragraph, except as specified in Sec. 61.13.
    (1) For compliance tests, as described in Sec. 61.139(c)(1), the 
following provisions apply.
    (i) All tests shall be run under representative emission 
concentration and vent flow rate conditions. For sources with 
intermittent flow rates, representative conditions shall include typical 
emission surges (for example, during the loading of a storage tank).
    (ii) Each test shall consist of three separate runs. These runs will 
be averaged to yield the volumetric flow rates and benzene 
concentrations in the equation in Sec. 61.139(c)(1). Each run shall be a 
minimum of 1 hour.
    (A) For each regenerative carbon adsorber, each run shall take place 
in one adsorption cycle, to include a minimum of 1 hour of sampling 
immediately preceding the initiation of carbon bed regeneration.
    (B) For each non-regenerative carbon adsorber, all runs can occur 
during one adsorption cycle.
    (iii) The measurements during the runs shall be paired so that the 
inlet and outlet to the control device are measured simultaneously.
    (iv) Method 1 or 1A shall be used as applicable for locating 
measurement sites.
    (v) Method 2, 2A, or 2D shall be used as applicable for measuring 
vent flow rates.
    (vi) Method 18 shall be used for determining the benzene 
concentrations (Caj and Cbi). Either follow section 7.1, 
``Integrated Bag Sampling and Analysis,'' or section 7.2, ``Direct 
Interface Sampling and Analysis Procedure.'' A separation column 
constructed of stainless steel, 1.83 m by 3.2 mm, containing 10 percent 
1,2,3-tris (2-cyanoethoxy) propane (TECP) on 80/100 mesh Chromosorb P 
AW, with a column temperature of 80 deg. C, a detector temperature of 
225 deg. C, and a flow rate of approximately 20 ml/min, may produce 
adequate separations. The analyst can use other columns, provided that 
the precision and accuracy of the analysis of benzene standards is not 
impaired.

[[Page 73]]

The analyst shall have available for review information confirming that 
there is adequate resolution of the benzene peak.
    (A) If section 7.1 is used, the sample rate shall be adjusted to 
maintain a constant proportion to vent flow rate.
    (B) If section 7.2 is used, then each performance test run shall be 
conducted in intervals of 5 minutes. For each interval ``t,'' readings 
from each measurement shall be recorded, and the flow rate (Qaj or 
Qbi) and the corresponding benzene concentration (Caj or 
Cbi) shall be determined. The sampling system shall be constructed 
to include a mixing chamber of a volume equal to 5 times the sampling 
flow rate per minute. Each analysis performed by the chromatograph will 
then represent an averaged emission value for a 5-minute time period. 
The vent flow rate readings shall be timed to account for the total 
sample system residence time. A dual column, dual detector chromatograph 
can be used to achieve an analysis interval of 5 minutes. The individual 
benzene concentrations shall be vent flow rate weighted to determine 
sample run average concentrations. The individual vent flow rates shall 
be time averaged to determine sample run average flow rates.
    (2) For testing the benzene concentration at the outlet vent of the 
carbon adsorber as specified under Secs. 61.139(d)(1), (e)(1) and 
(h)(3)(ii), the following provisions apply.
    (i) The measurement shall be conducted over one 5-minute period.
    (ii) The requirements in Sec. 61.139(g)(1)(i) shall apply to the 
extent practicable.
    (iii) The requirements in Sec. 61.139(g)(1)(vi) shall apply. Section 
7.2 of method 18 shall be used as described in Sec. 61.139(g)(1)(vi)(B) 
for benzene concentration measurements.
    (h) For each carbon adsorber, the maximum concentration point shall 
be expressed either as a benzene concentration or organic compound 
concentration level, whichever is to be indicated by the monitoring 
device chosen under Sec. 61.139 (d) or (e).
    (1) For each regenerative carbon adsorber, the owner or operator 
shall determine the maximum concentration point at the following times:
    (i) No later than the deadline for the initial compliance test as 
specified in Sec. 61.139(c)(1);
    (ii) At the request of the Administrator; and
    (iii) At any time chosen by the owner or operator.
    (2) For each non-regenerative carbon adsorber, the owner or operator 
shall determine the maximum concentration point at the following times:
    (i) On the first carbon bed to be installed in the adsorber;
    (ii) At the request of the Administrator;
    (iii) On the next carbon bed after the maximum concentration point 
has been exceeded (before the scheduled replacement time) for each of 
three previous carbon beds in the adsorber since the most recent 
determination; and
    (iv) At any other time chosen by the owner or operator.
    (3) The maximum concentration point for each carbon adsorber shall 
be determined through the simultaneous measurement of the outlet of the 
carbon adsorber with the monitoring device and method 18, except as 
allowed in paragraph (h)(4) of this section.
    (i) Several data points shall be collected according to a schedule 
determined by the owner or operator. The schedule shall be designed to 
take frequent samples near the expected maximum concentration point.
    (ii) Each data point shall consist of one 5-minute benzene 
concentration measurement using method 18 as specified in 
Sec. 61.139(g)(2), and of a simultaneous measurement by the monitoring 
device. The monitoring device measurement shall be conducted according 
to Sec. 61.139 (d) or (e), whichever is applicable.
    (iii) The maximum concentration point shall be the concentration 
level, as indicated by the monitoring device, for the last data point at 
which the benzene concentration is less than 2 percent of the average 
value of the benzene concentration at the inlet to the carbon adsorber 
during the most recent compliance test.
    (4) If the maximum concentration point is expressed as a benzene 
concentration, the owner or operator may

[[Page 74]]

determine it by calibrating the monitoring device with benzene at a 
concentration that is 2 percent of the average benzene concentration 
measured at the inlet to the carbon adsorber during the most recent 
compliance test. The reading on the monitoring device corresponding to 
the calibration concentration shall be the maximum concentration point. 
This method of determination would affect the owner or operator as 
follows:
    (i) For a regenerative carbon adsorber, the owner or operator is 
exempt from the provisions in paragraph (h)(3) of this section.
    (ii) For a non-regenerative carbon adsorber, the owner or operator 
is required to collect the data points in paragraph (h)(3) of this 
section with only the monitoring device, and is exempt from the 
simultaneous method 18 measurement.
    (5) For each non-regenerative carbon adsorber, the demonstrated bed 
life shall be the carbon bed life, measured in days from the time the 
bed is installed until the maximum concentration point is reached, for 
the carbon bed that is used to determine the maximum concentration 
point.
    (i) The following recordkeeping requirements are applicable to 
owners and operators of control devices subject to Sec. 61.139. All 
records shall be kept updated and in a readily accessible location.
    (1) The following information shall be recorded for each control 
device for the life of the control device:
    (i) The design characteristics of the control device and a list of 
the source or sources vented to it.
    (ii) A plan for proper operation, maintenance, and corrective action 
to achieve at least 98 percent control of benzene emissions.
    (iii) The dates and descriptions of any changes in the design 
specifications or plan.
    (iv) For each carbon adsorber, the plan in paragraph (i)(1)(ii) of 
this section shall include the method for handling captured benzene and 
removed carbon to comply with Sec. 61.139(b) (1) and (2).
    (v) For each carbon adsorber for which organic compounds are 
monitored as provided under Sec. 61.139 (d) and (e), documentation to 
show that the measurements of organic compound concentrations are 
reasonable indicators of benzene concentrations.
    (2) For each compliance test as specified in Sec. 61.139(c)(1), the 
date of the test, the results of the test, and other data needed to 
determine emissions shall be recorded as specified in Sec. 61.13(g) for 
at least 2 years or until the next compliance test on the control 
device, whichever is longer.
    (3) For each vapor incinerator, the average firebox temperature of 
the incinerator (or the average temperature upstream and downstream of 
the catalyst bed for a catalytic incinerator), measured and averaged 
over the most recent compliance test shall be recorded for at least 2 
years or until the next compliance test on the incinerator, whichever is 
longer.
    (4) For each carbon adsorber, for each determination of a maximum 
concentration point as specified in Sec. 61.139(h), the date of the 
determination, the maximum concentration point, and data needed to make 
the determination shall be recorded for at least 2 years or until the 
next maximum concentration point determination on the carbon adsorber, 
whichever is longer.
    (5) For each carbon absorber, the dates of and data from the 
monitoring required in Sec. 61.139(d) and (e), the date and time of 
replacement of each carbon bed, the date of each exceedance of the 
maximum concentration point, and a brief description of the corrective 
action taken shall be recorded for at least 2 years. Also, the 
occurrences when the captured benzene or spent carbon are not handled as 
required in Sec. 61.139(b)(1) and (2) shall be recorded for at least 2 
years.
    (6) For each vapor incinerator, the data from the monitoring 
required in Sec. 61.139(f)(1), the dates of all periods of operation 
during which the parameter boundaries established during the most recent 
compliance test are exceeded, and a brief description of the corrective 
action taken shall be recorded for at least 2 years. A period of 
operation during which the parameter boundaries are exceeded is a 3-hour 
period of operation during which:

[[Page 75]]

    (i) For each vapor incinerator other than a catalytic incinerator, 
the average combustion temperature is more than 28 deg.C (50 deg.F) 
below the average combustion temperature during the most recent 
performance test.
    (ii) For each catalytic incinerator, the average temperature of the 
vent stream immediately before the catalyst bed is more than 28 deg.C 
(50 deg.F) below the average temperature of the vent stream during the 
most recent performance test, or the average temperature difference 
across the catalyst bed is less than 80 percent of the average 
temperature difference across the catalyst bed during the most recent 
performance test.
    (7) For each vapor incinerator, the following shall be recorded for 
at least 2 years:
    (i) If subject to Sec. 61.139(f)(2)(i), records of the flow 
indication, and of all periods when the vent stream is diverted from the 
vapor incinerator or has no flow rate.
    (ii) If subject to Sec. 61.139(f)(2)(ii), records of the flow 
indication, and of all periods when the vent stream is diverted from the 
vapor incinerator.
    (iii) If subject to Sec. 61.139(f)(2)(iii), records of the 
conditions found during each monthly inspection, and of each period when 
the car seal is broken, when the valve position is changed, or when 
maintenance on the bypass line valve is performed.
    (j) The following reporting requirements are applicable to owners or 
operators of control devices subject to Sec. 61.139:
    (1) Compliance tests shall be reported as specified in 
Sec. 61.13(f).
    (2) The following information shall be reported on a quarterly 
basis. Two of the quarterly reports shall be submitted as part of the 
semiannual reports required in Sec. 61.138(f).
    (i) For each carbon adsorber:
    (A) The date and time of detection of each exceedance of the maximum 
concentration point and a brief description of the time and nature of 
the corrective action taken.
    (B) The date of each time that the captured benzene or removed 
carbon was not handled as required in Sec. 61.139 (b)(1) and (2), and a 
brief description of the corrective action taken.
    (C) The date of each determination of the maximum concentration 
point, as described in Sec. 61.139(h), and a brief reason for the 
determination.
    (ii) For each vapor incinerator, the date and duration of each 
exceedance of the boundary parameters recorded under Sec. 61.139(i)(6) 
and a brief description of the corrective action taken.
    (iii) For each vapor incinerator, the date and duration of each 
period specified as follows:
    (A) Each period recorded under Sec. 61.139(i)(7)(i) when the vent 
stream is diverted from the control device or has no flow rate;
    (B) Each period recorded under Sec. 61.139(i)(7)(ii) when the vent 
stream is diverted from the control device; and
    (C) Each period recorded under Sec. 61.139(i)(7)(iii) when the vent 
stream is diverted from the control device, when the car seal is broken, 
when the valve is unlocked, or when the valve position has changed.
    (iv) For each vapor incinerator, the owner or operator shall specify 
the method of monitoring chosen under Sec. 61.139(f)(2) in the first 
quarterly report. Any time the owner or operator changes that choice, he 
shall specify the change in the first quarterly report following the 
change.
    (3) If, for a given quarter in which no semiannual report is due 
under Sec. 61.138(f), there is no information to report under 
Sec. 61.139(j)(2)(i)(A), (j)(2)(i)(B), (j)(2)(ii)(A), and (j)(2)(ii)(B), 
then the owner or operator may submit a statement to that effect along 
with the information to be reported under Sec. 61.139(j)(2)(i)(C) in the 
next semiannual report, rather than submitting a report at the end of 
the quarter.

[56 FR 47407, Sept. 19, 1991]



           Subpart M--National Emission Standard for Asbestos

    Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601.

    Source: 49 FR 13661, Apr. 5, 1984, unless otherwise noted.



Sec. 61.140  Applicability.

    The provisions of this subpart are applicable to those sources 
specified in

[[Page 76]]

Sec. Sec. 61.142 through 61.151, 61.154, and 61.155.

[55 FR 48414, Nov. 20, 1990]



Sec. 61.141  Definitions.

    All terms that are used in this subpart and are not defined below 
are given the same meaning as in the Act and in subpart A of this part.
    Active waste disposal site means any disposal site other than an 
inactive site.
    Adequately wet means sufficiently mix or penetrate with liquid to 
prevent the release of particulates. If visible emissions are observed 
coming from asbestos-containing material, then that material has not 
been adequately wetted. However, the absence of visible emissions is not 
sufficient evidence of being adequately wet.
    Asbestos means the asbestiform varieties of serpentinite 
(chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, 
anthophyllite, and actinolite-tremolite.
    Asbestos-containing waste materials means mill tailings or any waste 
that contains commercial asbestos and is generated by a source subject 
to the provisions of this subpart. This term includes filters from 
control devices, friable asbestos waste material, and bags or other 
similar packaging contaminated with commercial asbestos. As applied to 
demolition and renovation operations, this term also includes regulated 
asbestos-containing material waste and materials contaminated with 
asbestos including disposable equipment and clothing.
    Asbestos mill means any facility engaged in converting, or in any 
intermediate step in converting, asbestos ore into commercial asbestos. 
Outside storage of asbestos material is not considered a part of the 
asbestos mill.
    Asbestos tailings means any solid waste that contains asbestos and 
is a product of asbestos mining or milling operations.
    Asbestos waste from control devices means any waste material that 
contains asbestos and is collected by a pollution control device.
    Category I nonfriable asbestos-containing material (ACM) means 
asbestos-containing packings, gaskets, resilient floor covering, and 
asphalt roofing products containing more than 1 percent asbestos as 
determined using the method specified in appendix E, subpart E, 40 CFR 
part 763, section 1, Polarized Light Microscopy.
    Category II nonfriable ACM means any material, excluding Category I 
nonfriable ACM, containing more than 1 percent asbestos as determined 
using the methods specified in appendix E, subpart E, 40 CFR part 763, 
section 1, Polarized Light Microscopy that, when dry, cannot be 
crumbled, pulverized, or reduced to powder by hand pressure.
    Commercial asbestos means any material containing asbestos that is 
extracted from ore and has value because of its asbestos content.
    Cutting means to penetrate with a sharp-edged instrument and 
includes sawing, but does not include shearing, slicing, or punching.
    Demolition means the wrecking or taking out of any load-supporting 
structural member of a facility together with any related handling 
operations or the intentional burning of any facility.
    Emergency renovation operation means a renovation operation that was 
not planned but results from a sudden, unexpected event that, if not 
immediately attended to, presents a safety or public health hazard, is 
necessary to protect equipment from damage, or is necessary to avoid 
imposing an unreasonable financial burden. This term includes operations 
necessitated by nonroutine failures of equipment.
    Fabricating means any processing (e.g., cutting, sawing, drilling) 
of a manufactured product that contains commercial asbestos, with the 
exception of processing at temporary sites (field fabricating) for the 
construction or restoration of facilities. In the case of friction 
products, fabricating includes bonding, debonding, grinding, sawing, 
drilling, or other similar operations performed as part of fabricating.
    Facility means any institutional, commercial, public, industrial, or 
residential structure, installation, or building (including any 
structure, installation, or building containing condominiums or 
individual dwelling units operated as a residential cooperative, but 
excluding residential buildings having four or fewer dwelling units);

[[Page 77]]

any ship; and any active or inactive waste disposal site. For purposes 
of this definition, any building, structure, or installation that 
contains a loft used as a dwelling is not considered a residential 
structure, installation, or building. Any structure, installation or 
building that was previously subject to this subpart is not excluded, 
regardless of its current use or function.
    Facility component means any part of a facility including equipment.
    Friable asbestos material means any material containing more than 1 
percent asbestos as determined using the method specified in appendix E, 
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, 
when dry, can be crumbled, pulverized, or reduced to powder by hand 
pressure. If the asbestos content is less than 10 percent as determined 
by a method other than point counting by polarized light microscopy 
(PLM), verify the asbestos content by point counting using PLM.
    Fugitive source means any source of emissions not controlled by an 
air pollution control device.
    Glove bag means a sealed compartment with attached inner gloves used 
for the handling of asbestos-containing materials. Properly installed 
and used, glove bags provide a small work area enclosure typically used 
for small-scale asbestos stripping operations. Information on glove-bag 
installation, equipment and supplies, and work practices is contained in 
the Occupational Safety and Health Administration's (OSHA's) final rule 
on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).
    Grinding means to reduce to powder or small fragments and includes 
mechanical chipping or drilling.
    In poor condition means the binding of the material is losing its 
integrity as indicated by peeling, cracking, or crumbling of the 
material.
    Inactive waste disposal site means any disposal site or portion of 
it where additional asbestos-containing waste material has not been 
deposited within the past year.
    Installation means any building or structure or any group of 
buildings or structures at a single demolition or renovation site that 
are under the control of the same owner or operator (or owner or 
operator under common control).
    Leak-tight means that solids or liquids cannot escape or spill out. 
It also means dust-tight.
    Malfunction means any sudden and unavoidable failure of air 
pollution control equipment or process equipment or of a process to 
operate in a normal or usual manner so that emissions of asbestos are 
increased. Failures of equipment shall not be considered malfunctions if 
they are caused in any way by poor maintenance, careless operation, or 
any other preventable upset conditions, equipment breakdown, or process 
failure.
    Manufacturing means the combining of commercial asbestos--or, in the 
case of woven friction products, the combining of textiles containing 
commercial asbestos--with any other material(s), including commercial 
asbestos, and the processing of this combination into a product. 
Chlorine production is considered a part of manufacturing.
    Natural barrier means a natural object that effectively precludes or 
deters access. Natural barriers include physical obstacles such as 
cliffs, lakes or other large bodies of water, deep and wide ravines, and 
mountains. Remoteness by itself is not a natural barrier.
    Nonfriable asbestos-containing material means any material 
containing more than 1 percent asbestos as determined using the method 
specified in appendix E, subpart E, 40 CFR part 763, section 1, 
Polarized Light Microscopy, that, when dry, cannot be crumbled, 
pulverized, or reduced to powder by hand pressure.
    Nonscheduled renovation operation means a renovation operation 
necessitated by the routine failure of equipment, which is expected to 
occur within a given period based on past operating experience, but for 
which an exact date cannot be predicted.
    Outside air means the air outside buildings and structures, 
including, but not limited to, the air under a bridge or in an open air 
ferry dock.
    Owner or operator of a demolition or renovation activity means any 
person who owns, leases, operates, controls, or supervises the facility 
being demolished or renovated or any person who

[[Page 78]]

owns, leases, operates, controls, or supervises the demolition or 
renovation operation, or both.
    Particulate asbestos material means finely divided particles of 
asbestos or material containing asbestos.
    Planned renovation operations means a renovation operation, or a 
number of such operations, in which some RACM will be removed or 
stripped within a given period of time and that can be predicted. 
Individual nonscheduled operations are included if a number of such 
operations can be predicted to occur during a given period of time based 
on operating experience.
    Regulated asbestos-containing material (RACM) means (a) Friable 
asbestos material, (b) Category I nonfriable ACM that has become 
friable, (c) Category I nonfriable ACM that will be or has been 
subjected to sanding, grinding, cutting, or abrading, or (d) Category II 
nonfriable ACM that has a high probability of becoming or has become 
crumbled, pulverized, or reduced to powder by the forces expected to act 
on the material in the course of demolition or renovation operations 
regulated by this subpart.
    Remove means to take out RACM or facility components that contain or 
are covered with RACM from any facility.
    Renovation means altering a facility or one or more facility 
components in any way, including the stripping or removal of RACM from a 
facility component. Operations in which load-supporting structural 
members are wrecked or taken out are demolitions.
    Resilient floor covering means asbestos-containing floor tile, 
including asphalt and vinyl floor tile, and sheet vinyl floor covering 
containing more than 1 percent asbestos as determined using polarized 
light microscopy according to the method specified in appendix E, 
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.
    Roadways means surfaces on which vehicles travel. This term includes 
public and private highways, roads, streets, parking areas, and 
driveways.
    Strip means to take off RACM from any part of a facility or facility 
components.
    Structural member means any load-supporting member of a facility, 
such as beams and load supporting walls; or any nonload-supporting 
member, such as ceilings and nonload-supporting walls.
    Visible emissions means any emissions, which are visually detectable 
without the aid of instruments, coming from RACM or asbestos-containing 
waste material, or from any asbestos milling, manufacturing, or 
fabricating operation. This does not include condensed, uncombined water 
vapor.
    Waste generator means any owner or operator of a source covered by 
this subpart whose act or process produces asbestos-containing waste 
material.
    Waste shipment record means the shipping document, required to be 
originated and signed by the waste generator, used to track and 
substantiate the disposition of asbestos-containing waste material.
    Working day means Monday through Friday and includes holidays that 
fall on any of the days Monday through Friday.

[49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended by 55 
FR 48414, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991; 60 FR 31920, June 
19, 1995]



Sec. 61.142  Standard for asbestos  mills.

    (a) Each owner or operator of an asbestos mill shall either 
discharge no visible emissions to the outside air from that asbestos 
mill, including fugitive sources, or use the methods specified by 
Sec. 61.152 to clean emissions containing particulate asbestos material 
before they escape to, or are vented to, the outside air.
    (b) Each owner or operator of an asbestos mill shall meet the 
following requirements:
    (1) Monitor each potential source of asbestos emissions from any 
part of the mill facility, including air cleaning devices, process 
equipment, and buildings that house equipment for material processing 
and handling, at least once each day, during daylight hours, for visible 
emissions to the outside air during periods of operation. The monitoring 
shall be by visual observation of at least 15 seconds duration per 
source of emissions.
    (2) Inspect each air cleaning device at least once each week for 
proper operation and for changes that signal the potential for 
malfunction, including, to

[[Page 79]]

the maximum extent possible without dismantling other than opening the 
device, the presence of tears, holes, and abrasions in filter bags and 
for dust deposits on the clean side of bags. For air cleaning devices 
that cannot be inspected on a weekly basis according to this paragraph, 
submit to the Administrator, and revise as necessary, a written 
maintenance plan to include, at a minimum, the following:
    (i) Maintenance schedule.
    (ii) Recordkeeping plan.
    (3) Maintain records of the results of visible emissions monitoring 
and air cleaning device inspections using a format similar to that shown 
in Figures 1 and 2 and include the following:
    (i) Date and time of each inspection.
    (ii) Presence or absence of visible emissions.
    (iii) Condition of fabric filters, including presence of any tears, 
holes, and abrasions.
    (iv) Presence of dust deposits on clean side of fabric filters.
    (v) Brief description of corrective actions taken, including date 
and time.
    (vi) Daily hours of operation for each air cleaning device.
    (4) Furnish upon request, and make available at the affected 
facility during normal business hours for inspection by the 
Administrator, all records required under this section.
    (5) Retain a copy of all monitoring and inspection records for at 
least 2 years.
    (6) Submit quarterly a copy of visible emission monitoring records 
to the Administrator if visible emissions occurred during the report 
period. Quarterly reports shall be postmarked by the 30th day following 
the end of the calendar quarter.

[[Page 80]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.000



[[Page 81]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.001



[55 FR 48416, Nov. 20, 1990]

[[Page 82]]



Sec. 61.143  Standard for roadways.

    No person may construct or maintain a roadway with asbestos tailings 
or asbestos-containing waste material on that roadway, unless, for 
asbestos tailings.
    (a) It is a temporary roadway on an area of asbestos ore deposits 
(asbestos mine): or
    (b) It is a temporary roadway at an active asbestos mill site and is 
encapsulated with a resinous or bituminous binder. The encapsulated road 
surface must be maintained at a minimum frequency of once per year to 
prevent dust emissions; or
    (c) It is encapsulated in asphalt concrete meeting the 
specifications contained in section 401 of Standard Specifications for 
Construction of Roads and Bridges on Federal Highway Projects, FP-85, 
1985, or their equivalent.

[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]



Sec. 61.144  Standard for manufacturing.

    (a) Applicability. This section applies to the following 
manufacturing operations using commercial asbestos.
    (1) The manufacture of cloth, cord, wicks, tubing, tape, twine, 
rope, thread, yarn, roving, lap, or other textile materials.
    (2) The manufacture of cement products.
    (3) The manufacture of fireproofing and insulating materials.
    (4) The manufacture of friction products.
    (5) The manufacture of paper, millboard, and felt.
    (6) The manufacture of floor tile.
    (7) The manufacture of paints, coatings, caulks, adhesives, and 
sealants.
    (8) The manufacture of plastics and rubber materials.
    (9) The manufacture of chlorine utilizing asbestos diaphragm 
technology.
    (10) The manufacture of shotgun shell wads.
    (11) The manufacture of asphalt concrete.
    (b) Standard. Each owner or operator of any of the manufacturing 
operations to which this section applies shall either:
    (1) Discharge no visible emissions to the outside air from these 
operations or from any building or structure in which they are conducted 
or from any other fugitive sources; or
    (2) Use the methods specified by Sec. 61.152 to clean emissions from 
these operations containing particulate asbestos material before they 
escape to, or are vented to, the outside air.
    (3) Monitor each potential source of asbestos emissions from any 
part of the manufacturing facility, including air cleaning devices, 
process equipment, and buildings housing material processing and 
handling equipment, at least once each day during daylight hours for 
visible emissions to the outside air during periods of operation. The 
monitoring shall be by visual observation of at least 15 seconds 
duration per source of emissions.
    (4) Inspect each air cleaning device at least once each week for 
proper operation and for changes that signal the potential for 
malfunctions, including, to the maximum extent possible without 
dismantling other than opening the device, the presence of tears, holes, 
and abrasions in filter bags and for dust deposits on the clean side of 
bags. For air cleaning devices that cannot be inspected on a weekly 
basis according to this paragraph, submit to the Administrator, and 
revise as necessary, a written maintenance plan to include, at a 
minimum, the following:
    (i) Maintenance schedule.
    (ii) Recordkeeping plan.
    (5) Maintain records of the results of visible emission monitoring 
and air cleaning device inspections using a format similar to that shown 
in Figures 1 and 2 and include the following.
    (i) Date and time of each inspection.
    (ii) Presence or absence of visible emissions.
    (iii) Condition of fabric filters, including presence of any tears, 
holes and abrasions.
    (iv) Presence of dust deposits on clean side of fabric filters.
    (v) Brief description of corrective actions taken, including date 
and time.
    (vi) Daily hours of operation for each air cleaning device.
    (6) Furnish upon request, and make available at the affected 
facility during normal business hours for inspection by the 
Administrator, all records required under this section.

[[Page 83]]

    (7) Retain a copy of all monitoring and inspection records for at 
least 2 years.
    (8) Submit quarterly a copy of the visible emission monitoring 
records to the Administrator if visible emissions occurred during the 
report period. Quarterly reports shall be postmarked by the 30th day 
following the end of the calendar quarter.

[49 FR 13661, Apr. 5, 1984, as amended at 55 FR 48419, Nov. 20, 1990; 56 
FR 1669, Jan. 16, 1991]



Sec. 61.145  Standard for demolition and renovation.

    (a) Applicability. To determine which requirements of paragraphs 
(a), (b), and (c) of this section apply to the owner or operator of a 
demolition or renovation activity and prior to the commencement of the 
demolition or renovation, thoroughly inspect the affected facility or 
part of the facility where the demolition or renovation operation will 
occur for the presence of asbestos, including Category I and Category II 
nonfriable ACM. The requirements of paragraphs (b) and (c) of this 
section apply to each owner or operator of a demolition or renovation 
activity, including the removal of RACM as follows:
    (1) In a facility being demolished, all the requirements of 
paragraphs (b) and (c) of this section apply, except as provided in 
paragraph (a)(3) of this section, if the combined amount of RACM is
    (i) At least 80 linear meters (260 linear feet) on pipes or at least 
15 square meters (160 square feet) on other facility components, or
    (ii) At least 1 cubic meter (35 cubic feet) off facility components 
where the length or area could not be measured previously.
    (2) In a facility being demolished, only the notification 
requirements of paragraphs (b)(1), (2), (3)(i) and (iv), and (4)(i) 
through (vii) and (4)(ix) and (xvi) of this section apply, if the 
combined amount of RACM is
    (i) Less than 80 linear meters (260 linear feet) on pipes and less 
than 15 square meters (160 square feet) on other facility components, 
and
    (ii) Less than one cubic meter (35 cubic feet) off facility 
components where the length or area could not be measured previously or 
there is no asbestos.
    (3) If the facility is being demolished under an order of a State or 
local government agency, issued because the facility is structurally 
unsound and in danger of imminent collapse, only the requirements of 
paragraphs (b)(1), (b)(2), (b)(3)(iii), (b)(4) (except (b)(4)(viii)), 
(b)(5), and (c)(4) through (c)(9) of this section apply.
    (4) In a facility being renovated, including any individual 
nonscheduled renovation operation, all the requirements of paragraphs 
(b) and (c) of this section apply if the combined amount of RACM to be 
stripped, removed, dislodged, cut, drilled, or similarly disturbed is
    (i) At least 80 linear meters (260 linear feet) on pipes or at least 
15 square meters (160 square feet) on other facility components, or
    (ii) At least 1 cubic meter (35 cubic feet) off facility components 
where the length or area could not be measured previously.
    (iii) To determine whether paragraph (a)(4) of this section applies 
to planned renovation operations involving individual nonscheduled 
operations, predict the combined additive amount of RACM to be removed 
or stripped during a calendar year of January 1 through December 31.
    (iv) To determine whether paragraph (a)(4) of this section applies 
to emergency renovation operations, estimate the combined amount of RACM 
to be removed or stripped as a result of the sudden, unexpected event 
that necessitated the renovation.
    (5) Owners or operators of demolition and renovation operations are 
exempt from the requirements of Secs. 61.05(a), 61.07, and 61.09.
    (b) Notification requirements. Each owner or operator of a 
demolition or renovation activity to which this section applies shall:
    (1) Provide the Administrator with written notice of intention to 
demolish or renovate. Delivery of the notice by U.S. Postal Service, 
commercial delivery service, or hand delivery is acceptable.

[[Page 84]]

    (2) Update notice, as necessary, including when the amount of 
asbestos affected changes by at least 20 percent.
    (3) Postmark or deliver the notice as follows:
    (i) At least 10 working days before asbestos stripping or removal 
work or any other activity begins (such as site preparation that would 
break up, dislodge or similarly disturb asbestos material), if the 
operation is described in paragraphs (a) (1) and (4) (except (a)(4)(iii) 
and (a)(4)(iv)) of this section. If the operation is as described in 
paragraph (a)(2) of this section, notification is required 10 working 
days before demolition begins.
    (ii) At least 10 working days before the end of the calendar year 
preceding the year for which notice is being given for renovations 
described in paragraph (a)(4)(iii) of this section.
    (iii) As early as possible before, but not later than, the following 
working day if the operation is a demolition ordered according to 
paragraph (a)(3) of this section or, if the operation is a renovation 
described in paragraph (a)(4)(iv) of this section.
    (iv) For asbestos stripping or removal work in a demolition or 
renovation operation, described in paragraphs (a) (1) and (4) (except 
(a)(4)(iii) and (a)(4)(iv)) of this section, and for a demolition 
described in paragraph (a)(2) of this section, that will begin on a date 
other than the one contained in the original notice, notice of the new 
start date must be provided to the Administrator as follows:
    (A) When the asbestos stripping or removal operation or demolition 
operation covered by this paragraph will begin after the date contained 
in the notice,
    (1) Notify the Administrator of the new start date by telephone as 
soon as possible before the original start date, and
    (2) Provide the Administrator with a written notice of the new start 
date as soon as possible before, and no later than, the original start 
date. Delivery of the updated notice by the U.S. Postal Service, 
commercial delivery service, or hand delivery is acceptable.
    (B) When the asbestos stripping or removal operation or demolition 
operation covered by this paragraph will begin on a date earlier than 
the original start date,
    (1) Provide the Administrator with a written notice of the new start 
date at least 10 working days before asbestos stripping or removal work 
begins.
    (2) For demolitions covered by paragraph (a)(2) of this section, 
provide the Administrator written notice of a new start date at least 10 
working days before commencement of demolition. Delivery of updated 
notice by U.S. Postal Service, commercial delivery service, or hand 
delivery is acceptable.
    (C) In no event shall an operation covered by this paragraph begin 
on a date other than the date contained in the written notice of the new 
start date.
    (4) Include the following in the notice:
    (i) An indication of whether the notice is the original or a revised 
notification.
    (ii) Name, address, and telephone number of both the facility owner 
and operator and the asbestos removal contractor owner or operator.
    (iii) Type of operation: demolition or renovation.
    (iv) Description of the facility or affected part of the facility 
including the size (square meters [square feet] and number of floors), 
age, and present and prior use of the facility.
    (v) Procedure, including analytical methods, employed to detect the 
presence of RACM and Category I and Category II nonfriable ACM.
    (vi) Estimate of the approximate amount of RACM to be removed from 
the facility in terms of length of pipe in linear meters (linear feet), 
surface area in square meters (square feet) on other facility 
components, or volume in cubic meters (cubic feet) if off the facility 
components. Also, estimate the approximate amount of Category I and 
Category II nonfriable ACM in the affected part of the facility that 
will not be removed before demolition.
    (vii) Location and street address (including building number or name 
and floor or room number, if appropriate), city, county, and state, of 
the facility being demolished or renovated.
    (viii) Scheduled starting and completion dates of asbestos removal 
work (or

[[Page 85]]

any other activity, such as site preparation that would break up, 
dislodge, or similarly disturb asbestos material) in a demolition or 
renovation; planned renovation operations involving individual 
nonscheduled operations shall only include the beginning and ending 
dates of the report period as described in paragraph (a)(4)(iii) of this 
section.
    (ix) Scheduled starting and completion dates of demolition or 
renovation.
    (x) Description of planned demolition or renovation work to be 
performed and method(s) to be employed, including demolition or 
renovation techniques to be used and description of affected facility 
components.
    (xi) Description of work practices and engineering controls to be 
used to comply with the requirements of this subpart, including asbestos 
removal and waste-handling emission control procedures.
    (xii) Name and location of the waste disposal site where the 
asbestos-containing waste material will be deposited.
    (xiii) A certification that at least one person trained as required 
by paragraph (c)(8) of this section will supervise the stripping and 
removal described by this notification. This requirement shall become 
effective 1 year after promulgation of this regulation.
    (xiv) For facilities described in paragraph (a)(3) of this section, 
the name, title, and authority of the State or local government 
representative who has ordered the demolition, the date that the order 
was issued, and the date on which the demolition was ordered to begin. A 
copy of the order shall be attached to the notification.
    (xv) For emergency renovations described in paragraph (a)(4)(iv) of 
this section, the date and hour that the emergency occurred, a 
description of the sudden, unexpected event, and an explanation of how 
the event caused an unsafe condition, or would cause equipment damage or 
an unreasonable financial burden.
    (xvi) Description of procedures to be followed in the event that 
unexpected RACM is found or Category II nonfriable ACM becomes crumbled, 
pulverized, or reduced to powder.
    (xvii) Name, address, and telephone number of the waste transporter.
    (5) The information required in paragraph (b)(4) of this section 
must be reported using a form similiar to that shown in Figure 3.
    (c) Procedures for asbestos emission control. Each owner or operator 
of a demolition or renovation activity to whom this paragraph applies, 
according to paragraph (a) of this section, shall comply with the 
following procedures:
    (1) Remove all RACM from a facility being demolished or renovated 
before any activity begins that would break up, dislodge, or similarly 
disturb the material or preclude access to the material for subsequent 
removal. RACM need not be removed before demolition if:
    (i) It is Category I nonfriable ACM that is not in poor condition 
and is not friable.
    (ii) It is on a facility component that is encased in concrete or 
other similarly hard material and is adequately wet whenever exposed 
during demolition; or
    (iii) It was not accessible for testing and was, therefore, not 
discovered until after demolition began and, as a result of the 
demolition, the material cannot be safely removed. If not removed for 
safety reasons, the exposed RACM and any asbestos-contaminated debris 
must be treated as asbestos-containing waste material and adequately wet 
at all times until disposed of.
    (iv) They are Category II nonfriable ACM and the probability is low 
that the materials will become crumbled, pulverized, or reduced to 
powder during demolition.
    (2) When a facility component that contains, is covered with, or is 
coated with RACM is being taken out of the facility as a unit or in 
sections:
    (i) Adequately wet all RACM exposed during cutting or disjoining 
operations; and
    (ii) Carefully lower each unit or section to the floor and to ground 
level, not dropping, throwing, sliding, or otherwise damaging or 
disturbing the RACM.
    (3) When RACM is stripped from a facility component while it remains 
in place in the facility, adequately wet

[[Page 86]]

the RACM during the stripping operation.
    (i) In renovation operations, wetting is not required if:
    (A) The owner or operator has obtained prior written approval from 
the Administrator based on a written application that wetting to comply 
with this paragraph would unavoidably damage equipment or present a 
safety hazard; and
    (B) The owner or operator uses of the following emission control 
methods:
    (1) A local exhaust ventilation and collection system designed and 
operated to capture the particulate asbestos material produced by the 
stripping and removal of the asbestos materials. The system must exhibit 
no visible emissions to the outside air or be designed and operated in 
accordance with the requirements in Sec. 61.152.
    (2) A glove-bag system designed and operated to contain the 
particulate asbestos material produced by the stripping of the asbestos 
materials.
    (3) Leak-tight wrapping to contain all RACM prior to dismantlement.
    (ii) In renovation operations where wetting would result in 
equipment damage or a safety hazard, and the methods allowed in 
paragraph (c)(3)(i) of this section cannot be used, another method may 
be used after obtaining written approval from the Administrator based 
upon a determination that it is equivalent to wetting in controlling 
emissions or to the methods allowed in paragraph (c)(3)(i) of this 
section.
    (iii) A copy of the Administrator's written approval shall be kept 
at the worksite and made available for inspection.
    (4) After a facility component covered with, coated with, or 
containing RACM has been taken out of the facility as a unit or in 
sections pursuant to paragraph (c)(2) of this section, it shall be 
stripped or contained in leak-tight wrapping, except as described in 
paragraph (c)(5) of this section. If stripped, either:
    (i) Adequately wet the RACM during stripping; or
    (ii) Use a local exhaust ventilation and collection system designed 
and operated to capture the particulate asbestos material produced by 
the stripping. The system must exhibit no visible emissions to the 
outside air or be designed and operated in accordance with the 
requirements in Sec. 61.152.
    (5) For large facility components such as reactor vessels, large 
tanks, and steam generators, but not beams (which must be handled in 
accordance with paragraphs (c)(2), (3), and (4) of this section), the 
RACM is not required to be stripped if the following requirements are 
met:
    (i) The component is removed, transported, stored, disposed of, or 
reused without disturbing or damaging the RACM.
    (ii) The component is encased in a leak-tight wrapping.
    (iii) The leak-tight wrapping is labeled according to 
Sec. 61.149(d)(1)(i), (ii), and (iii) during all loading and unloading 
operations and during storage.
    (6) For all RACM, including material that has been removed or 
stripped:
    (i) Adequately wet the material and ensure that it remains wet until 
collected and contained or treated in preparation for disposal in 
accordance with Sec. 61.150; and
    (ii) Carefully lower the material to the ground and floor, not 
dropping, throwing, sliding, or otherwise damaging or disturbing the 
material.
    (iii) Transport the material to the ground via leak-tight chutes or 
containers if it has been removed or stripped more than 50 feet above 
ground level and was not removed as units or in sections.
    (iv) RACM contained in leak-tight wrapping that has been removed in 
accordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) of this section 
need not be wetted.
    (7) When the temperature at the point of wetting is below 0  deg.C 
(32  deg.F):
    (i) The owner or operator need not comply with paragraph (c)(2)(i) 
and the wetting provisions of paragraph (c)(3) of this section.
    (ii) The owner or operator shall remove facility components 
containing, coated with, or covered with RACM as units or in sections to 
the maximum extent possible.
    (iii) During periods when wetting operations are suspended due to 
freezing temperatures, the owner or operator must record the temperature 
in the

[[Page 87]]

area containing the facility components at the beginning, middle, and 
end of each workday and keep daily temperature records available for 
inspection by the Administrator during normal business hours at the 
demolition or renovation site. The owner or operator shall retain the 
temperature records for at least 2 years.
    (8) Effective 1 year after promulgation of this regulation, no RACM 
shall be stripped, removed, or otherwise handled or disturbed at a 
facility regulated by this section unless at least one on-site 
representative, such as a foreman or management-level person or other 
authorized representative, trained in the provisions of this regulation 
and the means of complying with them, is present. Every 2 years, the 
trained on-site individual shall receive refresher training in the 
provisions of this regulation. The required training shall include as a 
minimum: applicability; notifications; material identification; control 
procedures for removals including, at least, wetting, local exhaust 
ventilation, negative pressure enclosures, glove-bag procedures, and 
High Efficiency Particulate Air (HEPA) filters; waste disposal work 
practices; reporting and recordkeeping; and asbestos hazards and worker 
protection. Evidence that the required training has been completed shall 
be posted and made available for inspection by the Administrator at the 
demolition or renovation site.
    (9) For facilities described in paragraph (a)(3) of this section, 
adequately wet the portion of the facility that contains RACM during the 
wrecking operation.
    (10) If a facility is demolished by intentional burning, all RACM 
including Category I and Category II nonfriable ACM must be removed in 
accordance with the NESHAP before burning.

[[Page 88]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.002



[[Page 89]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.003



[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]

[[Page 90]]



Sec. 61.146  Standard for spraying.

    The owner or operator of an operation in which asbestos-containing 
materials are spray applied shall comply with the following 
requirements:
    (a) For spray-on application on buildings, structures, pipes, and 
conduits, do not use material containing more than 1 percent asbestos as 
determined using the method specified in appendix E, subpart E, 40 CFR 
part 763, section 1, Polarized Light Microscopy, except as provided in 
paragraph (c) of this section.
    (b) For spray-on application of materials that contain more than 1 
percent asbestos as determined using the method specified in appendix E, 
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, on 
equipment and machinery, except as provided in paragraph (c) of this 
section:
    (1) Notify the Administrator at least 20 days before beginning the 
spraying operation. Include the following information in the notice:
    (i) Name and address of owner or operator.
    (ii) Location of spraying operation.
    (iii) Procedures to be followed to meet the requirements of this 
paragraph.
    (2) Discharge no visible emissions to the outside air from spray-on 
application of the asbestos-containing material or use the methods 
specified by Sec. 61.152 to clean emissions containing particulate 
asbestos material before they escape to, or are vented to, the outside 
air.
    (c) The requirements of paragraphs (a) and (b) of this section do 
not apply to the spray-on application of materials where the asbestos 
fibers in the materials are encapsulated with a bituminous or resinous 
binder during spraying and the materials are not friable after drying.
    (d) Owners or operators of sources subject to this paragraph are 
exempt from the requirements of Secs. 61.05(a), 61.07 and 61.09.

[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424, 
Nov. 20, 1990; 60 FR 31920, June 19, 1995]



Sec. 61.147  Standard for fabricating.

    (a) Applicability. This section applies to the following fabricating 
operations using commercial asbestos:
    (1) The fabrication of cement building products.
    (2) The fabrication of friction products, except those operations 
that primarily install asbestos friction materials on motor vehicles.
    (3) The fabrication of cement or silicate board for ventilation 
hoods; ovens; electrical panels; laboratory furniture, bulkheads, 
partitions, and ceilings for marine construction; and flow control 
devices for the molten metal industry.
    (b) Standard. Each owner or operator of any of the fabricating 
operations to which this section applies shall either:
    (1) Discharge no visible emissions to the outside air from any of 
the operations or from any building or structure in which they are 
conducted or from any other fugitive sources; or
    (2) Use the methods specified by Sec. 61.152 to clean emissions 
containing particulate asbestos material before they escape to, or are 
vented to, the outside air.
    (3) Monitor each potential source of asbestos emissions from any 
part of the fabricating facility, including air cleaning devices, 
process equipment, and buildings that house equipment for material 
processing and handling, at least once each day, during daylight hours, 
for visible emissions to the outside air during periods of operation. 
The monitoring shall be by visual observation of at least 15 seconds 
duration per source of emissions.
    (4) Inspect each air cleaning device at least once each week for 
proper operation and for changes that signal the potential for 
malfunctions, including, to the maximum extent possible without 
dismantling other than opening the device, the presence of tears, holes, 
and abrasions in filter bags and for dust deposits on the clean side of 
bags. For air cleaning devices that cannot be inspected on a weekly 
basis according to this paragraph, submit to the Administrator, and 
revise as necessary, a written maintenance plan to include, at a 
minimum, the following:
    (i) Maintenance schedule.
    (ii) Recordkeeping plan.

[[Page 91]]

    (5) Maintain records of the results of visible emission monitoring 
and air cleaning device inspections using a format similar to that shown 
in Figures 1 and 2 and include the following:
    (i) Date and time of each inspection.
    (ii) Presence or absence of visible emissions.
    (iii) Condition of fabric filters, including presence of any tears, 
holes, and abrasions.
    (iv) Presence of dust deposits on clean side of fabric filters.
    (v) Brief description of corrective actions taken, including date 
and time.
    (vi) Daily hours of operation for each air cleaning device.
    (6) Furnish upon request and make available at the affected facility 
during normal business hours for inspection by the Administrator, all 
records required under this section.
    (7) Retain a copy of all monitoring and inspection records for at 
least 2 years.
    (8) Submit quarterly a copy of the visible emission monitoring 
records to the Administrator if visible emissions occurred during the 
report period. Quarterly reports shall be postmarked by the 30th day 
following the end of the calendar quarter.

[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424, 
Nov. 20, 1991]



Sec. 61.148  Standard for insulating materials.

    No owner or operator of a facility may install or reinstall on a 
facility component any insulating materials that contain commercial 
asbestos if the materials are either molded and friable or wet-applied 
and friable after drying. The provisions of this section do not apply to 
spray-applied insulating materials regulated under Sec. 61.146.

[55 FR 48424, Nov. 20, 1990]



Sec. 61.149  Standard for waste disposal for asbestos mills.

    Each owner or operator of any source covered under the provisions of 
Sec. 61.142 shall:
    (a) Deposit all asbestos-containing waste material at a waste 
disposal site operated in accordance with the provisions of Sec. 61.154; 
and
    (b) Discharge no visible emissions to the outside air from the 
transfer of control device asbestos waste to the tailings conveyor, or 
use the methods specified by Sec. 61.152 to clean emissions containing 
particulate asbestos material before they escape to, or are vented to, 
the outside air. Dispose of the asbestos waste from control devices in 
accordance with Sec. 61.150(a) or paragraph (c) of this section; and
    (c) Discharge no visible emissions to the outside air during the 
collection, processing, packaging, or on-site transporting of any 
asbestos-containing waste material, or use one of the disposal methods 
specified in paragraphs (c) (1) or (2) of this section, as follows:
    (1) Use a wetting agent as follows:
    (i) Adequately mix all asbestos-containing waste material with a 
wetting agent recommended by the manufacturer of the agent to 
effectively wet dust and tailings, before depositing the material at a 
waste disposal site. Use the agent as recommended for the particular 
dust by the manufacturer of the agent.
    (ii) Discharge no visible emissions to the outside air from the 
wetting operation or use the methods specified by Sec. 61.152 to clean 
emissions containing particulate asbestos material before they escape 
to, or are vented to, the outside air.
    (iii) Wetting may be suspended when the ambient temperature at the 
waste disposal site is less than -9.5  deg.C (15  deg.F), as determined 
by an appropriate measurement method with an accuracy of  
1 deg.C ( 2  deg.F). During periods when wetting operations 
are suspended, the temperature must be recorded at least at hourly 
intervals, and records must be retained for at least 2 years in a form 
suitable for inspection.
    (2) Use an alternative emission control and waste treatment method 
that has received prior written approval by the Administrator. To obtain 
approval for an alternative method, a written application must be 
submitted to the Administrator demonstrating that the following criteria 
are met:
    (i) The alternative method will control asbestos emissions 
equivalent to currently required methods.
    (ii) The suitability of the alternative method for the intended 
application.
    (iii) The alternative method will not violate other regulations.

[[Page 92]]

    (iv) The alternative method will not result in increased water 
pollution, land pollution, or occupational hazards.
    (d) When waste is transported by vehicle to a disposal site:
    (1) Mark vehicles used to transport asbestos-containing waste 
material during the loading and unloading of the waste so that the signs 
are visible. The markings must:
    (i) Be displayed in such a manner and location that a person can 
easily read the legend.
    (ii) Conform to the requirements for 51 cm  x  36 cm (20 in  x  14 
in) upright format signs specified in 29 CFR 1910.145(d)(4) and this 
paragraph; and
    (iii) Display the following legend in the lower panel with letter 
sizes and styles of a visibility at least equal to those specified in 
this paragraph.

                                 Legend                                 
                                 DANGER                                 
                          ASBESTOS DUST HAZARD                          
                     CANCER AND LUNG DISEASE HAZARD                     
                        Authorized Personnel Only                       
                                Notation                                
               2.5 cm (1 inch) Sans Serif, Gothic or Block              
               2.5 cm (1 inch) Sans Serif, Gothic or Block              
             1.9 cm (\3/4\ inch) Sans Serif, Gothic or Block            
                             14 Point Gothic                            
                                                                        


Spacing between any two lines must be a least equal to the height of the 
upper of the two lines.

    (2) For off-site disposal, provide a copy of the waste shipment 
record, described in paragraph (e)(1) of this section, to the disposal 
site owner or operator at the same time as the asbestos-containing waste 
material is delivered to the disposal site.
    (e) For all asbestos-containing waste material transported off the 
facility site:
    (1) Maintain asbestos waste shipment records, using a form similar 
to that shown in Figure 4, and include the following information:
    (i) The name, address, and telephone number of the waste generator.
    (ii) The name and address of the local, State, or EPA Regional 
agency responsible for administering the asbestos NESHAP program.
    (iii) The quantity of the asbestos-containing waste material in 
cubic meters (cubic yards).
    (iv) The name and telephone number of the disposal site operator.
    (v) The name and physical site location of the disposal site.
    (vi) The date transported.
    (vii) The name, address, and telephone number of the transporter(s).
    (viii) A certification that the contents of this consignment are 
fully and accurately described by proper shipping name and are 
classified, packed, marked, and labeled, and are in all respects in 
proper condition for transport by highway according to applicable 
international and government regulations.
    (2) For waste shipments where a copy of the waste shipment record, 
signed by the owner or operator of the designated disposal site, is not 
received by the waste generator within 35 days of the date the waste was 
accepted by the initial transporter, contact the transporter and/or the 
owner or operator of the designated disposal site to determine the 
status of the waste shipment.
    (3) Report in writing to the local, State, or EPA Regional office 
responsible for administering the asbestos NESHAP program for the waste 
generator if a copy of the waste shipment record, signed by the owner or 
operator of the designated waste disposal site, is not received by the 
waste generator within 45 days of the date the waste was accepted by the 
initial transporter. Include in the report the following information:
    (i) A copy of the waste shipment record for which a confirmation of 
delivery was not received, and
    (ii) A cover letter signed by the waste generator explaining the 
efforts taken to locate the asbestos waste shipment and the results of 
those efforts.
    (4) Retain a copy of all waste shipment records, including a copy of 
the waste shipment record signed by the owner or operator of the 
designated waste disposal site, for at least 2 years.
    (f) Furnish upon request, and make available for inspection by the 
Administrator, all records required under this section.

[[Page 93]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.004



[[Page 94]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.005



[[Page 95]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.006



      [49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 
      48424, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]

[[Page 96]]



Sec. 61.150  Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations.

    Each owner or operator of any source covered under the provisions of 
Secs. 61.144, 61.145, 61.146, and 61.147 shall comply with the following 
provisions:
    (a) Discharge no visible emissions to the outside air during the 
collection, processing (including incineration), packaging, or 
transporting of any asbestos-containing waste material generated by the 
source, or use one of the emission control and waste treatment methods 
specified in paragraphs (a) (1) through (4) of this section.
    (1) Adequately wet asbestos-containing waste material as follows:
    (i) Mix control device asbestos waste to form a slurry; adequately 
wet other asbestos-containing waste material; and
    (ii) Discharge no visible emissions to the outside air from 
collection, mixing, wetting, and handling operations, or use the methods 
specified by Sec. 61.152 to clean emissions containing particulate 
asbestos material before they escape to, or are vented to, the outside 
air; and
    (iii) After wetting, seal all asbestos-containing waste material in 
leak-tight containers while wet; or, for materials that will not fit 
into containers without additional breaking, put materials into leak-
tight wrapping; and
    (iv) Label the containers or wrapped materials specified in 
paragraph (a)(1)(iii) of this section using warning labels specified by 
Occupational Safety and Health Standards of the Department of Labor, 
Occupational Safety and Health Administration (OSHA) under 29 CFR 
1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in 
letters of sufficient size and contrast so as to be readily visible and 
legible.
    (v) For asbestos-containing waste material to be transported off the 
facility site, label containers or wrapped materials with the name of 
the waste generator and the location at which the waste was generated.
    (2) Process asbestos-containing waste material into nonfriable forms 
as follows:
    (i) Form all asbestos-containing waste material into nonfriable 
pellets or other shapes;
    (ii) Discharge no visible emissions to the outside air from 
collection and processing operations, including incineration, or use the 
method specified by Sec. 61.152 to clean emissions containing 
particulate asbestos material before they escape to, or are vented to, 
the outside air.
    (3) For facilities demolished where the RACM is not removed prior to 
demolition according to Secs. 61.145(c)(1) (i), (ii), (iii), and (iv) or 
for facilities demolished according to Sec. 61.145(c)(9), adequately wet 
asbestos-containing waste material at all times after demolition and 
keep wet during handling and loading for transport to a disposal site. 
Asbestos-containing waste materials covered by this paragraph do not 
have to be sealed in leak-tight containers or wrapping but may be 
transported and disposed of in bulk.
    (4) Use an alternative emission control and waste treatment method 
that has received prior approval by the Administrator according to the 
procedure described in Sec. 61.149(c)(2).
    (5) As applied to demolition and renovation, the requirements of 
paragraph (a) of this section do not apply to Category I nonfriable ACM 
waste and Category II nonfriable ACM waste that did not become crumbled, 
pulverized, or reduced to powder.
    (b) All asbestos-containing waste material shall be deposited as 
soon as is practical by the waste generator at:
    (1) A waste disposal site operated in accordance with the provisions 
of Sec. 61.154, or
    (2) An EPA-approved site that converts RACM and asbestos-containing 
waste material into nonasbestos (asbestos-free) material according to 
the provisions of Sec. 61.155.
    (3) The requirements of paragraph (b) of this section do not apply 
to Category I nonfriable ACM that is not RACM.
    (c) Mark vehicles used to transport asbestos-containing waste 
material during the loading and unloading of waste so that the signs are 
visible. The markings must conform to the requirements of 
Secs. 61.149(d)(1) (i), (ii), and (iii).

[[Page 97]]

    (d) For all asbestos-containing waste material transported off the 
facility site:
    (1) Maintain waste shipment records, using a form similar to that 
shown in Figure 4, and include the following information:
    (i) The name, address, and telephone number of the waste generator.
    (ii) The name and address of the local, State, or EPA Regional 
office responsible for administering the asbestos NESHAP program.
    (iii) The approximate quantity in cubic meters (cubic yards).
    (iv) The name and telephone number of the disposal site operator.
    (v) The name and physical site location of the disposal site.
    (vi) The date transported.
    (vii) The name, address, and telephone number of the transporter(s).
    (viii) A certification that the contents of this consignment are 
fully and accurately described by proper shipping name and are 
classified, packed, marked, and labeled, and are in all respects in 
proper condition for transport by highway according to applicable 
international and government regulations.
    (2) Provide a copy of the waste shipment record, described in 
paragraph (d)(1) of this section, to the disposal site owners or 
operators at the same time as the asbestos-containing waste material is 
delivered to the disposal site.
    (3) For waste shipments where a copy of the waste shipment record, 
signed by the owner or operator of the designated disposal site, is not 
received by the waste generator within 35 days of the date the waste was 
accepted by the initial transporter, contact the transporter and/or the 
owner or operator of the designated disposal site to determine the 
status of the waste shipment.
    (4) Report in writing to the local, State, or EPA Regional office 
responsible for administering the asbestos NESHAP program for the waste 
generator if a copy of the waste shipment record, signed by the owner or 
operator of the designated waste disposal site, is not received by the 
waste generator within 45 days of the date the waste was accepted by the 
initial transporter. Include in the report the following information:
    (i) A copy of the waste shipment record for which a confirmation of 
delivery was not received, and
    (ii) A cover letter signed by the waste generator explaining the 
efforts taken to locate the asbestos waste shipment and the results of 
those efforts.
    (5) Retain a copy of all waste shipment records, including a copy of 
the waste shipment record signed by the owner or operator of the 
designated waste disposal site, for at least 2 years.
    (e) Furnish upon request, and make available for inspection by the 
Administrator, all records required under this section.

[55 FR 48429, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]



Sec. 61.151  Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations.

    Each owner or operator of any inactive waste disposal site that was 
operated by sources covered under Sec. 61.142, 61.144, or 61.147 and 
received deposits of asbestos-containing waste material generated by the 
sources, shall:
    (a) Comply with one of the following:
    (1) Either discharge no visible emissions to the outside air from an 
inactive waste disposal site subject to this paragraph; or
    (2) Cover the asbestos-containing waste material with at least 15 
centimeters (6 inches) of compacted nonasbestos-containing material, and 
grow and maintain a cover of vegetation on the area adequate to prevent 
exposure of the asbestos-containing waste material. In desert areas 
where vegetation would be difficult to maintain, at least 8 additional 
centimeters (3 inches) of well-graded, nonasbestos crushed rock may be 
placed on top of the final cover instead of vegetation and maintained to 
prevent emissions; or
    (3) Cover the asbestos-containing waste material with at least 60 
centimeters (2 feet) of compacted nonasbestos-containing material, and 
maintain it to prevent exposure of the asbestos-containing waste; or
    (4) For inactive waste disposal sites for asbestos tailings, a 
resinous or petroleum-based dust suppression agent

[[Page 98]]

that effectively binds dust to control surface air emissions may be used 
instead of the methods in paragraphs (a) (1), (2), and (3) of this 
section. Use the agent in the manner and frequency recommended for the 
particular asbestos tailings by the manufacturer of the dust suppression 
agent to achieve and maintain dust control. Obtain prior written 
approval of the Administrator to use other equally effective dust 
suppression agents. For purposes of this paragraph, any used, spent, or 
other waste oil is not considered a dust suppression agent.
    (b) Unless a natural barrier adequately deters access by the general 
public, install and maintain warning signs and fencing as follows, or 
comply with paragraph (a)(2) or (a)(3) of this section.
    (1) Display warning signs at all entrances and at intervals of 100 m 
(328 ft) or less along the property line of the site or along the 
perimeter of the sections of the site where asbestos-containing waste 
material was deposited. The warning signs must:
    (i) Be posted in such a manner and location that a person can easily 
read the legend; and
    (ii) Conform to the requirements for 51 cm x 36 cm (20'' x 14'') 
upright format signs specified in 29 CFR 1910.145(d)(4) and this 
paragraph; and
    (iii) Display the following legend in the lower panel with letter 
sizes and styles of a visibility at least equal to those specified in 
this paragraph.

------------------------------------------------------------------------
                  Legend                              Notation          
------------------------------------------------------------------------
Asbestos Waste Disposal Site..............  2.5 cm (1 inch) Sans Serif, 
                                             Gothic or Block            
Do Not Create Dust........................  1.9 cm (\3/4\ inch) Sans    
                                             Serif, Gothic or Block     
Breathing Asbestos is Hazardous to Your     14 Point Gothic.            
 Health.                                                                
------------------------------------------------------------------------

Spacing between any two lines must be at least equal to the height of 
the upper of the two lines.
    (2) Fence the perimeter of the site in a manner adequate to deter 
access by the general public.
    (3) When requesting a determination on whether a natural barrier 
adequately deters public access, supply information enabling the 
Administrator to determine whether a fence or a natural barrier 
adequately deters access by the general public.
    (c) The owner or operator may use an alternative control method that 
has received prior approval of the Administrator rather than comply with 
the requirements of paragraph (a) or (b) of this section.
    (d) Notify the Administrator in writing at least 45 days prior to 
excavating or otherwise disturbing any asbestos-containing waste 
material that has been deposited at a waste disposal site under this 
section, and follow the procedures specified in the notification. If the 
excavation will begin on a date other than the one contained in the 
original notice, notice of the new start date must be provided to the 
Administrator at least 10 working days before excavation begins and in 
no event shall excavation begin earlier than the date specified in the 
original notification. Include the following information in the notice:
    (1) Scheduled starting and completion dates.
    (2) Reason for disturbing the waste.
    (3) Procedures to be used to control emissions during the 
excavation, storage, transport, and ultimate disposal of the excavated 
asbestos-containing waste material. If deemed necessary, the 
Administrator may require changes in the emission control procedures to 
be used.
    (4) Location of any temporary storage site and the final disposal 
site.
    (e) Within 60 days of a site becoming inactive and after the 
effective date of this subpart, record, in accordance with State law, a 
notation on the deed to the facility property and on any other 
instrument that would normally be examined during a title search; this 
notation will in perpetuity notify any potential purchaser of the 
property that:
    (1) The land has been used for the disposal of asbestos-containing 
waste material;
    (2) The survey plot and record of the location and quantity of 
asbestos-containing waste disposed of within the disposal site required 
in Sec. 61.154(f) have been filed with the Administrator; and

[[Page 99]]

    (3) The site is subject to 40 CFR part 61, subpart M.

[49 FR 13661, Apr. 5, 1984, as amended at 53 FR 36972, Sept. 23, 1988. 
Redesignated and amended at 55 FR 48429, Nov. 20, 1990]



Sec. 61.152  Air-cleaning.

    (a) The owner or operator who uses air cleaning, as specified in 
Secs. 61.142(a), 61.144(b)(2), 61.145(c)(3)(i)(B)(1), 61.145(c)(4)(ii), 
61.145(c)(11)(i), 61.146(b)(2), 61.147(b)(2), 61.149(b), 
61.149(c)(1)(ii), 61.150(a)(1)(ii), 61.150(a)(2)(ii), and 61.155(e) 
shall:
    (1) Use fabric filter collection devices, except as noted in 
paragraph (b) of this section, doing all of the following:
    (i) Ensuring that the airflow permeability, as determined by ASTM 
Method D737-75, does not exceed 9 m\3\/min/m\2\ (30 ft\3\/min/ft\2\) for 
woven fabrics or 11\3\/min/m\2\(35 ft\3\/min/ft\2\) for felted fabrics, 
except that 12 m\3\/min/m\2\ (40 ft\3\min/ft\2\) for woven and 14 m\3\/
min/m\2\ (45 ft \3\min/ft\2\) for felted fabrics is allowed for 
filtering air from asbestos ore dryers; and
    (ii) Ensuring that felted fabric weighs at least 475 grams per 
square meter (14 ounces per square yard) and is at least 1.6 millimeters 
(one-sixteenth inch) thick throughout; and
    (iii) Avoiding the use of synthetic fabrics that contain fill yarn 
other than that which is spun.
    (2) Properly install, use, operate, and maintain all air-cleaning 
equipment authorized by this section. Bypass devices may be used only 
during upset or emergency conditions and then only for so long as it 
takes to shut down the operation generating the particulate asbestos 
material.
    (3) For fabric filter collection devices installed after January 10, 
1989, provide for easy inspection for faulty bags.
    (b) There are the following exceptions to paragraph (a)(1):
    (1) After January 10, 1989, if the use of fabric creates a fire or 
explosion hazard, or the Administrator determines that a fabric filter 
is not feasible, the Administrator may authorize as a substitute the use 
of wet collectors designed to operate with a unit contacting energy of 
at least 9.95 kilopascals (40 inches water gage pressure).
    (2) Use a HEPA filter that is certified to be at least 99.97 percent 
efficient for 0.3 micron particles.
    (3) The Administrator may authorize the use of filtering equipment 
other than described in paragraphs (a)(1) and (b)(1) and (2) of this 
section if the owner or operator demonstrates to the Administrator's 
satisfaction that it is equivalent to the described equipment in 
filtering particulate asbestos material.

[49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended at 51 
FR 8199, Mar. 10, 1986. Redesignated and amended at 55 FR 48430, Nov. 
20, 1990]



Sec. 61.153  Reporting.

    (a) Any new source to which this subpart applies (with the exception 
of sources subject to Secs. 61.143, 61.145, 61.146, and 61.148), which 
has an initial startup date preceding the effective date of this 
revision, shall provide the following information to the Administrator 
postmarked or delivered within 90 days of the effective date. In the 
case of a new source that does not have an initial startup date 
preceding the effective date, the information shall be provided, 
postmarked or delivered, within 90 days of the initial startup date. Any 
owner or operator of an existing source shall provide the following 
information to the Administrator within 90 days of the effective date of 
this subpart unless the owner or operator of the existing source has 
previously provided this information to the Administrator. Any changes 
in the information provided by any existing source shall be provided to 
the Administrator, postmarked or delivered, within 30 days after the 
change.
    (1) A description of the emission control equipment used for each 
process; and
    (i) If the fabric device uses a woven fabric, the airflow 
permeability in m\3\/min/m\2\ and; if the fabric is synthetic, whether 
the fill yarn is spun or not spun; and
    (ii) If the fabric filter device uses a felted fabric, the density 
in g/m\2\, the minimum thickness in inches, and the airflow permeability 
in m\3\/min/m\2\.
    (2) If a fabric filter device is used to control emissions,

[[Page 100]]

    (i) The airflow permeability in m\3\/min/m\2\ (ft\3\/min/ft\2\) if 
the fabric filter device uses a woven fabric, and, if the fabric is 
synthetic, whether the fill yarn is spun or not spun; and
    (ii) If the fabric filter device uses a felted fabric, the density 
in g/m\2\ (oz/yd\2\), the minimum thickness in millimeters (inches), and 
the airflow permeability in m\3\/min/m\2\ (ft\3\/min/ft\2\).
    (3) If a HEPA filter is used to control emissions, the certified 
efficiency.
    (4) For sources subject to Secs. 61.149 and 61.150:
    (i) A brief description of each process that generates asbestos-
containing waste material; and
    (ii) The average volume of asbestos-containing waste material 
disposed of, measured in m\3\/day (yd\3\/day); and
    (iii) The emission control methods used in all stages of waste 
disposal; and
    (iv) The type of disposal site or incineration site used for 
ultimate disposal, the name of the site operator, and the name and 
location of the disposal site.
    (5) For sources subject to Secs. 61.151 and 61.154:
    (i) A brief description of the site; and
    (ii) The method or methods used to comply with the standard, or 
alternative procedures to be used.
    (b) The information required by paragraph (a) of this section must 
accompany the information required by Sec. 61.10. Active waste disposal 
sites subject to Sec. 61.154 shall also comply with this provision. 
Roadways, demolition and renovation, spraying, and insulating materials 
are exempted from the requirements of Sec. 61.10(a). The information 
described in this section must be reported using the format of appendix 
A of this part as a guide.

(Sec. 114. Clean Air Act as amended (42 U.S.C. 7414))

[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48430, 
Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]



Sec. 61.154  Standard for active waste disposal sites.

    Each owner or operator of an active waste disposal site that 
receives asbestos-containing waste material from a source covered under 
Sec. 61.149, 61.150, or 61.155 shall meet the requirements of this 
section:
    (a) Either there must be no visible emissions to the outside air 
from any active waste disposal site where asbestos-containing waste 
material has been deposited, or the requirements of paragraph (c) or (d) 
of this section must be met.
    (b) Unless a natural barrier adequately deters access by the general 
public, either warning signs and fencing must be installed and 
maintained as follows, or the requirements of paragraph (c)(1) of this 
section must be met.
    (1) Warning signs must be displayed at all entrances and at 
intervals of 100 m (330 ft) or less along the property line of the site 
or along the perimeter of the sections of the site where asbestos-
containing waste material is deposited. The warning signs must:
    (i) Be posted in such a manner and location that a person can easily 
read the legend; and
    (ii) Conform to the requirements of 51 cm  x  36 cm (20''  x  14'') 
upright format signs specified in 29 CFR 1910.145(d)(4) and this 
paragraph; and
    (iii) Display the following legend in the lower panel with letter 
sizes and styles of a visibility at least equal to those specified in 
this paragraph.

------------------------------------------------------------------------
                  Legend                              Notation          
------------------------------------------------------------------------
Asbestos Waste Disposal Site..............  2.5 cm (1 inch) Sans Serif, 
                                             Gothic or Block.           
Do Not Create Dust........................  1.9 cm (\3/4\ inch) Sans    
                                             Serif, Gothic or Block.    
Breathing Asbestos is Hazardous to Your     14 Point Gothic.            
 Health.                                                                
------------------------------------------------------------------------

Spacing between any two lines must be at least equal to the height of 
the upper of the two lines.
    (2) The perimeter of the disposal site must be fenced in a manner 
adequate to deter access by the general public.
    (3) Upon request and supply of appropriate information, the 
Administrator will determine whether a fence or a natural barrier 
adequately deters access by the general public.
    (c) Rather than meet the no visible emission requirement of 
paragraph (a) of this section, at the end of each operating day, or at 
least once every 24-

[[Page 101]]

hour period while the site is in continuous operation, the asbestos-
containing waste material that has been deposited at the site during the 
operating day or previous 24-hour period shall:
    (1) Be covered with at least 15 centimeters (6 inches) of compacted 
nonasbestos-containing material, or
    (2) Be covered with a resinous or petroleum-based dust suppression 
agent that effectively binds dust and controls wind erosion. Such an 
agent shall be used in the manner and frequency recommended for the 
particular dust by the dust suppression agent manufacturer to achieve 
and maintain dust control. Other equally effective dust suppression 
agents may be used upon prior approval by the Administrator. For 
purposes of this paragraph, any used, spent, or other waste oil is not 
considered a dust suppression agent.
    (d) Rather than meet the no visible emission requirement of 
paragraph (a) of this section, use an alternative emissions control 
method that has received prior written approval by the Administrator 
according to the procedures described in Sec. 61.149(c)(2).
    (e) For all asbestos-containing waste material received, the owner 
or operator of the active waste disposal site shall:
    (1) Maintain waste shipment records, using a form similar to that 
shown in Figure 4, and include the following information:
    (i) The name, address, and telephone number of the waste generator.
    (ii) The name, address, and telephone number of the transporter(s).
    (iii) The quantity of the asbestos-containing waste material in 
cubic meters (cubic yards).
    (iv) The presence of improperly enclosed or uncovered waste, or any 
asbestos-containing waste material not sealed in leak-tight containers. 
Report in writing to the local, State, or EPA Regional office 
responsible for administering the asbestos NESHAP program for the waste 
generator (identified in the waste shipment record), and, if different, 
the local, State, or EPA Regional office responsible for administering 
the asbestos NESHAP program for the disposal site, by the following 
working day, the presence of a significant amount of improperly enclosed 
or uncovered waste. Submit a copy of the waste shipment record along 
with the report.
    (v) The date of the receipt.
    (2) As soon as possible and no longer than 30 days after receipt of 
the waste, send a copy of the signed waste shipment record to the waste 
generator.
    (3) Upon discovering a discrepancy between the quantity of waste 
designated on the waste shipment records and the quantity actually 
received, attempt to reconcile the discrepancy with the waste generator. 
If the discrepancy is not resolved within 15 days after receiving the 
waste, immediately report in writing to the local, State, or EPA 
Regional office responsible for administering the asbestos NESHAP 
program for the waste generator (identified in the waste shipment 
record), and, if different, the local, State, or EPA Regional office 
responsible for administering the asbestos NESHAP program for the 
disposal site. Describe the discrepancy and attempts to reconcile it, 
and submit a copy of the waste shipment record along with the report.
    (4) Retain a copy of all records and reports required by this 
paragraph for at least 2 years.
    (f) Maintain, until closure, records of the location, depth and 
area, and quantity in cubic meters (cubic yards) of asbestos-containing 
waste material within the disposal site on a map or diagram of the 
disposal area.
    (g) Upon closure, comply with all the provisions of Sec. 61.151.
    (h) Submit to the Administrator, upon closure of the facility, a 
copy of records of asbestos waste disposal locations and quantities.
    (i) Furnish upon request, and make available during normal business 
hours for inspection by the Administrator, all records required under 
this section.
    (j) Notify the Administrator in writing at least 45 days prior to 
excavating or otherwise disturbing any asbestos-containing waste 
material that has been deposited at a waste disposal site and is 
covered. If the excavation will begin on a date other than the one 
contained in the original notice, notice of the new start date must be 
provided to the Administrator at least 10 working days before excavation 
begins and in no event shall excavation begin earlier

[[Page 102]]

than the date specified in the original notification. Include the 
following information in the notice:
    (1) Scheduled starting and completion dates.
    (2) Reason for disturbing the waste.
    (3) Procedures to be used to control emissions during the 
excavation, storage, transport, and ultimate disposal of the excavated 
asbestos-containing waste material. If deemed necessary, the 
Administrator may require changes in the emission control procedures to 
be used.
    (4) Location of any temporary storage site and the final disposal 
site.

(Secs. 112 and 301(a) of the Clean Air Act as amended (42 U.S.C. 7412, 
7601(a))

[49 FR 13661, Apr. 5, 1990. Redesignated and amended at 55 FR 48431, 
Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]



Sec. 61.155  Standard for operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material.

    Each owner or operator of an operation that converts RACM and 
asbestos-containing waste material into nonasbestos (asbestos-free) 
material shall:
    (a) Obtain the prior written approval of the Administrator to 
construct the facility. To obtain approval, the owner or operator shall 
provide the Administrator with the following information:
    (1) Application to construct pursuant to Sec. 61.07.
    (2) In addition to the information requirements of Sec. 61.07(b)(3), 
a
    (i) Description of waste feed handling and temporary storage.
    (ii) Description of process operating conditions.
    (iii) Description of the handling and temporary storage of the end 
product.
    (iv) Description of the protocol to be followed when analyzing 
output materials by transmission electron microscopy.
    (3) Performance test protocol, including provisions for obtaining 
information required under paragraph (b) of this section.
    (4) The Administrator may require that a demonstration of the 
process be performed prior to approval of the application to construct.
    (b) Conduct a start-up performance test. Test results shall include:
    (1) A detailed description of the types and quantities of 
nonasbestos material, RACM, and asbestos-containing waste material 
processed, e.g., asbestos cement products, friable asbestos insulation, 
plaster, wood, plastic, wire, etc. Test feed is to include the full 
range of materials that will be encountered in actual operation of the 
process.
    (2) Results of analyses, using polarized light microscopy, that 
document the asbestos content of the wastes processed.
    (3) Results of analyses, using transmission electron microscopy, 
that document that the output materials are free of asbestos. Samples 
for analysis are to be collected as 8-hour composite samples (one 200-
gram (7-ounce) sample per hour), beginning with the initial introduction 
of RACM or asbestos-containing waste material and continuing until the 
end of the performance test.
    (4) A description of operating parameters, such as temperature and 
residence time, defining the full range over which the process is 
expected to operate to produce nonasbestos (asbestos-free) materials. 
Specify the limits for each operating parameter within which the process 
will produce nonasbestos (asbestos-free) materials.
    (5) The length of the test.
    (c) During the initial 90 days of operation,
    (1) Continuously monitor and log the operating parameters identified 
during start-up performance tests that are intended to ensure the 
production of nonasbestos (asbestos-free) output material.
    (2) Monitor input materials to ensure that they are consistent with 
the test feed materials described during start-up performance tests in 
paragraph (b)(1) of this section.
    (3) Collect and analyze samples, taken as 10-day composite samples 
(one 200-gram (7-ounce) sample collected every 8 hours of operation) of 
all output material for the presence of asbestos. Composite samples may 
be for fewer than 10 days. Transmission electron microscopy (TEM) shall 
be used to analyze the output material for the presence of asbestos. 
During the initial 90-day period, all output materials

[[Page 103]]

must be stored on-site until analysis shows the material to be asbestos-
free or disposed of as asbestos-containing waste material according to 
Sec. 61.150.
    (d) After the initial 90 days of operation,
    (1) Continuously monitor and record the operating parameters 
identified during start-up performance testing and any subsequent 
performance testing. Any output produced during a period of deviation 
from the range of operating conditions established to ensure the 
production of nonasbestos (asbestos-free) output materials shall be:
    (i) Disposed of as asbestos-containing waste material according to 
Sec. 61.150, or
    (ii) Recycled as waste feed during process operation within the 
established range of operating conditions, or
    (iii) Stored temporarily on-site in a leak-tight container until 
analyzed for asbestos content. Any product material that is not 
asbestos-free shall be either disposed of as asbestos-containing waste 
material or recycled as waste feed to the process.
    (2) Collect and analyze monthly composite samples (one 200-gram (7-
ounce) sample collected every 8 hours of operation) of the output 
material. Transmission electron microscopy shall be used to analyze the 
output material for the presence of asbestos.
    (e) Discharge no visible emissions to the outside air from any part 
of the operation, or use the methods specified by Sec. 61.152 to clean 
emissions containing particulate asbestos material before they escape 
to, or are vented to, the outside air.
    (f) Maintain records on-site and include the following information:
    (1) Results of start-up performance testing and all subsequent 
performance testing, including operating parameters, feed 
characteristic, and analyses of output materials.
    (2) Results of the composite analyses required during the initial 90 
days of operation under Sec. 61.155(c).
    (3) Results of the monthly composite analyses required under 
Sec. 61.155(d).
    (4) Results of continuous monitoring and logs of process operating 
parameters required under Sec. 61.155 (c) and (d).
    (5) The information on waste shipments received as required in 
Sec. 61.154(e).
    (6) For output materials where no analyses were performed to 
determine the presence of asbestos, record the name and location of the 
purchaser or disposal site to which the output materials were sold or 
deposited, and the date of sale or disposal.
    (7) Retain records required by paragraph (f) of this section for at 
least 2 years.
    (g) Submit the following reports to the Administrator:
    (1) A report for each analysis of product composite samples 
performed during the initial 90 days of operation.
    (2) A quarterly report, including the following information 
concerning activities during each consecutive 3-month period:
    (i) Results of analyses of monthly product composite samples.
    (ii) A description of any deviation from the operating parameters 
established during performance testing, the duration of the deviation, 
and steps taken to correct the deviation.
    (iii) Disposition of any product produced during a period of 
deviation, including whether it was recycled, disposed of as asbestos-
containing waste material, or stored temporarily on-site until analyzed 
for asbestos content.
    (iv) The information on waste disposal activities as required in 
Sec. 61.154(f).
    (h) Nonasbestos (asbestos-free) output material is not subject to 
any of the provisions of this subpart. Output materials in which 
asbestos is detected, or output materials produced when the operating 
parameters deviated from those established during the start-up 
performance testing, unless shown by TEM analysis to be asbestos-free, 
shall be considered to be asbestos-containing waste and shall be handled 
and disposed of according to Secs. 61.150 and 61.154 or reprocessed 
while all of the established operating parameters are being met.

[55 FR 48431, Nov. 20, 1990]



Sec. 61.156  Cross-reference to other asbestos regulations.

    In addition to this subpart, the regulations referenced in Table 1 
also apply to asbestos and may be applicable to those sources specified 
in Secs. 61.142 through 61.151, 61.154, and 61.155 of this

[[Page 104]]

subpart. These cross-references are presented for the reader's 
information and to promote compliance with the cited regulations.

         Table 1--Cross-reference to Other Asbestos Regulations         
------------------------------------------------------------------------
      Agency              CFR citation                 Comment          
------------------------------------------------------------------------
EPA                 40 CFR part 763,         Requires schools to inspect
                     subpart E.               for asbestos and implement
                                              response actions and      
                                              submit asbestos management
                                              plans to States. Specifies
                                              use of accredited         
                                              inspectors, air sampling  
                                              methods, and waste        
                                              disposal procedures.      
                    40 CFR part 427........  Effluent standards for     
                                              asbestos manufacturing    
                                              source categories.        
                    40 CFR part 763,         Protects public employees  
                     subpart G.               performing asbestos       
                                              abatement work in States  
                                              not covered by OSHA       
                                              asbestos standard.        
OSHA                29 CFR 1910.1001.......  Worker protection measures--
                                              engineering controls,     
                                              worker training, labeling,
                                              respiratory protection,   
                                              bagging of waste, 0.2 f/cc
                                              permissible exposure      
                                              level.                    
                    29 CFR 1926.58.........  Worker protection measures 
                                              for all construction work 
                                              involving asbestos,       
                                              including demolition and  
                                              renovation--work          
                                              practices, worker         
                                              training, bagging of      
                                              waste, 0.2 f/cc           
                                              permissible exposure      
                                              level.                    
MSHA                30 part CFR 56, subpart  Specifies exposures limits,
                     D.                       engineering controls, and 
                                              respiratory protection    
                                              measures for workers in   
                                              surface mines.            
                    30 CFR part 57, subpart  Specifies exposure limits, 
                     D.                       engineering controls, and 
                                              respiratory protection    
                                              measures for workers in   
                                              underground mines.        
DOT                 49 CFR parts 171 and     Regulates the              
                     172.                     transportation of asbestos-
                                              containing waste material.
                                              Requires waste containment
                                              and shipping papers.      
------------------------------------------------------------------------

[55 FR 48432, Nov. 20, 1990, as amended at 60 FR 31920, June 19, 1995]



Sec. 61.157  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities that will not be delegated to States:
    (1) Section 61.149(c)(2)
    (2) Section 61.150(a)(4)
    (3) Section 61.151(c)
    (4) Section 61.152(b)(3)
    (5) Section 61.154(d)
    (6) Section 61.155(a).

[55 FR 48433, Nov. 20, 1990]

   Appendix A to Subpart M--Interpretive Rule Governing Roof Removal 
                               Operations

                 I. Applicability of the Asbestos NESHAP

    1.1. Asbestos-containing material (ACM) is material containing more 
than one percent asbestos as determined using the methods specified in 
appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light 
Microscopy. The NESHAP classifies ACM as either ``friable'' or 
``nonfriable''. Friable ACM is ACM that, when dry, can be crumbled, 
pulverized or reduced to powder by hand pressure. Nonfriable ACM is ACM 
that, when dry, cannot be crumbled, pulverized or reduced to powder by 
hand pressure.
    1.2. Nonfriable ACM is further classified as either Category I ACM 
or Category II ACM. Category I ACM and Category II ACM are distinguished 
from each other by their potential to release fibers when damaged. 
Category I ACM includes asbestos-containing gaskets, packings, resilient 
floor coverings, resilient floor covering mastic, and asphalt roofing 
products containing more than one percent asbestos. Asphalt roofing 
products which may contain asbestos include built-up roofing; asphalt-
containing single ply membrane systems; asphalt shingles; asphalt-
containing underlayment felts; asphalt-containing roof coatings and 
mastics; and asphalt-containing base flashings. ACM roofing products 
that use other bituminous or resinous binders (such as coal tars or 
pitches) are also considered to be Category I ACM. Category II ACM 
includes all other nonfriable ACM, for example, asbestos-cement (A/C) 
shingles, A/C tiles, and transite boards or panels containing more than 
one percent asbestos. Generally speaking, Category II ACM is more likely 
to become friable when damaged than is Category I ACM. The applicability 
of the NESHAP to Category I and II ACM depends on: (1) the condition of 
the material at the time of demolition or renovation, (2) the nature of 
the operation to which the material will be subjected, (3) the amount of 
ACM involved.
    1.3. Asbestos-containing material regulated under the NESHAP is 
referred to as ``regulated asbestos-containing material'' (RACM). RACM 
is defined in Sec. 61.141 of the NESHAP and includes: (1) friable 
asbestos-containing material; (2) Category I nonfriable ACM that has 
become friable; (3) Category I nonfriable

[[Page 105]]

ACM that has been or will be sanded, ground, cut, or abraded; or (4) 
Category II nonfriable ACM that has already been or is likely to become 
crumbled, pulverized, or reduced to powder. If the coverage threshold 
for RACM is met or exceeded in a renovation or demolition operation, 
then all friable ACM in the operation, and in certain situations, 
nonfriable ACM in the operation, are subject to the NESHAP.

      A. Threshold Amounts of Asbestos-Containing Roofing Material

    1.A.1. The NESHAP does not cover roofing projects on single family 
homes or on residential buildings containing four or fewer dwelling 
units. 40 CFR 61.141. For other roofing renovation projects, if the 
total asbestos-containing roof area undergoing renovation is less than 
160 ft 2, the NESHAP does not apply, regardless of the removal 
method to be used, the type of material (Category I or II), or its 
condition (friable versus nonfriable). 40 CFR 61.145(a)(4). However, EPA 
would recommend the use of methods that damage asbestos-containing 
roofing material as little as possible. EPA has determined that where a 
rotating blade (RB) roof cutter or equipment that similarly damages the 
roofing material is used to remove Category I nonfriable asbestos-
containing roofing material, the removal of 5580 ft 2 of that 
material will create 160 ft 2 of RACM. For the purposes of this 
interpretive rule, ``RB roof cutter'' means an engine-powered roof 
cutting machine with one or more rotating cutting blades the edges of 
which are blunt. (Equipment with blades having sharp or tapered edges, 
and/or which does not use a rotating blade, is used for ``slicing'' 
rather than ``cutting'' the roofing material; such equipment is not 
included in the term ``RB roof cutter''.) Therefore, it is EPA's 
interpretation that when an RB roof cutter or equipment that similarly 
damages the roofing material is used to remove Category I nonfriable 
asbestos-containing roofing material, any project that is 5580 ft 2 
or greater is subject to the NESHAP; conversely, it is EPA's 
interpretation that when an RB roof cutter or equipment that similarly 
damages the roofing material is used to remove Category I nonfriable 
asbestos-containing roofing material in a roof removal project that is 
less than 5580 ft 2, the project is not subject to the NESHAP, 
except that notification is always required for demolitions. EPA further 
construes the NESHAP to mean that if slicing or other methods that do 
not sand, grind, cut or abrade will be used on Category I nonfriable 
ACM, the NESHAP does not apply, regardless of the area of roof to be 
removed.
    1.A.2. For asbestos cement (A/C) shingles (or other Category II 
roofing material), if the area of the roofing material to be removed is 
at least 160 ft 2 and the removal methods will crumble, pulverize, 
reduce to powder, or contaminate with RACM (from other ACM that has been 
crumbled, pulverized or reduced to powder) 160 ft 2 or more of such 
roofing material, the removal is subject to the NESHAP. Conversely, if 
the area of the A/C shingles (or other Category II roofing materials) to 
be removed is less than 160 ft 2, the removal is not subject to the 
NESHAP regardless of the removal method used, except that notification 
is always required for demolitions. 40 CFR 61.145(a). However, EPA would 
recommend the use of methods that damage asbestos-containing roofing 
material as little as possible. If A/C shingles (or other Category II 
roofing materials) are removed without 160 ft 2 or more of such 
roofing material being crumbled, pulverized, reduced to powder, or 
contaminated with RACM (from other ACM that has been crumbled, 
pulverized or reduced to powder), the operation is not subject to the 
NESHAP, even where the total area of the roofing material to be removed 
exceeds 160 ft 2; provided, however, that if the renovation 
includes other operations involving RACM, the roof removal operation is 
covered if the total area of RACM from all renovation activities exceeds 
160 ft 2. See the definition of regulated asbestos-containing 
material (RACM), 40 CFR 61.141.
    1.A.3. Only roofing material that meets the definition of ACM can 
qualify as RACM subject to the NESHAP. Therefore, to determine if a 
removal operation that meets or exceeds the coverage threshold is 
subject to the NESHAP, any suspect roofing material (i.e. roofing 
material that may be ACM) should be tested for asbestos. If any such 
roofing material contains more than one percent asbestos and if the 
removal operation is covered by the NESHAP, then EPA must be notified 
and the work practices in Sec. 61.145(c) must be followed. In EPA's 
view, if a removal operation involves at least the threshold level of 
suspect material, a roofing contractor may choose not to test for 
asbestos if the contractor follows the notification and work practice 
requirements of the NESHAP.

            B. A/C Shingle Removal (Category II ACM Removal)

    1.B.1. A/C shingles, which are Category II nonfriable ACM, become 
regulated ACM if the material has a high probability of becoming or has 
become crumbled, pulverized or reduced to powder by the forces expected 
to act on the material in the course of demolition or renovation 
operations. 40 CFR 61.141. However, merely breaking an A/C shingle (or 
any other category II ACM) that is not friable may not necessarily cause 
the material to become RACM. A/C shingles are typically nailed to 
buildings on which they are attached. EPA believes that the extent of 
breakage that will normally result from

[[Page 106]]

carefully removing A/C shingles and lowering the shingles to the ground 
will not result in crumbling, pulverizing or reducing the shingles to 
powder. Conversely, the extent of breakage that will normally occur if 
the A/C shingles are dropped from a building or scraped off of a 
building with heavy machinery would cause the shingles to become RACM. 
EPA therefore construes the NESHAP to mean that the removal of A/C 
shingles that are not friable, using methods that do not crumble, 
pulverize, or reduce the A/C shingles to powder (such as pry bars, spud 
bars and shovels to carefully pry the material), is not subject to the 
NESHAP provided that the A/C shingles are properly handled during and 
after removal, as discussed in this paragraph and the asbestos NESHAP. 
This interpretation also applies to other Category II nonfriable 
asbestos-containing roofing materials.

 C. Cutting vs. Slicing and Manual Methods for Removal of Category I ACM

    1.C.1. Because of damage to the roofing material, and the potential 
for fiber release, roof removal operations using rotating blade (RB) 
roof cutters or other equipment that sand, grind, cut or abrade the roof 
material are subject to the NESHAP. As EPA interprets the NESHAP, the 
use of certain manual methods (using equipment such as axes, hatchets, 
or knives, spud bars, pry bars, and shovels, but not saws) or methods 
that slice, shear, or punch (using equipment such as a power slicer or 
power plow) does not constitute ``cutting, sanding, grinding or 
abrading.'' This is because these methods do not destroy the structural 
matrix or integrity of the material such that the material is crumbled, 
pulverized or reduced to powder. Hence, it is EPA's interpretation that 
when such methods are used, assuming the roof material is not friable, 
the removal operation is not subject to the regulation.
    1.C.2. Power removers or power tear-off machines are typically used 
to pry the roofing material up from the deck after the roof membrane has 
been cut. It is EPA's interpretation that when these machines are used 
to pry roofing material up, their use is not regulated by the NESHAP.
    1.C.3. As noted previously, the NESHAP only applies to the removal 
of asbestos-containing roofing materials. Thus, the NESHAP does not 
apply to the use of RB cutters to remove non-asbestos built up roofing 
(BUR). On roofs containing some asbestos-containing and some non-
asbestos-containing materials, coverage under the NESHAP depends on the 
methods used to remove each type of material in addition to other 
coverage thresholds specified above. For example, it is not uncommon for 
existing roofs to be made of non-asbestos BUR and base flashings that do 
contain asbestos. In that situation, EPA construes the NESHAP to be 
inapplicable to the removal of the non-asbestos BUR using an RB cutter 
so long as the RB cutter is not used to cut 5580 ft\2\ or more of the 
asbestos-containing base flashing or other asbestos-containing material 
into sections. In addition, the use of methods that slice, shear, punch 
or pry could then be used to remove the asbestos flashings and not 
trigger coverage under the NESHAP.

                            II. Notification

    2.1. Notification for a demolition is always required under the 
NESHAP. However, EPA believes that few roof removal jobs constitute 
``demolitions'' as defined in the NESHAP (Sec. 61.141). In particular, 
it is EPA's view that the removal of roofing systems (i.e., the roof 
membrane, insulation, surfacing, coatings, flashings, mastic, shingles, 
and felt underlayment), when such removal is not a part of a demolition 
project, constitutes a ``renovation'' under the NESHAP. If the operation 
is a renovation, and Category I roofing material is being removed using 
either manual methods or slicing, notification is not required by the 
NESHAP. If Category II material is not friable and will be removed 
without crumbling, pulverizing, or reducing it to powder, no 
notification is required. Also, if the renovation involves less than the 
threshold area for applicability as discussed above, then no 
notification is required. However, if a roof removal meets the 
applicability and threshold requirements under the NESHAP, then EPA (or 
the delegated agency) must be notified in advance of the removal in 
accordance with the requirements of Sec. 61.145(b), as follows:
     Notification must be given in writing at least 10 working 
days in advance and must include the information in Sec. 61.145(b)(4), 
except for emergency renovations as discussed below.
     The notice must be updated as necessary, including, for 
example, when the amount of asbestos-containing roofing material 
reported changes by 20 percent or more.
     EPA must be notified if the start date of the roof removal 
changes. If the start date of a roof removal project is changed to an 
earlier date, EPA must be provided with a written notice of the new 
start date at least 10 working days in advance. If the start date 
changes to a later date, EPA must be notified by telephone as soon as 
possible before the original start date and a written notice must be 
sent as soon as possible.
     For emergency renovations (as defined in Sec. 61.141), 
where work must begin immediately to avoid safety or public health 
hazards, equipment damage, or unreasonable financial burden, the 
notification must be postmarked or delivered to EPA as soon as possible, 
but no later than the following work day.

[[Page 107]]

                     III. Emission Control Practices

   A. Requirements to Adequately Wet and Discharge No Visible Emission

    3.A.1. The principal controls contained in the NESHAP for removal 
operations include requirements that the affected material be adequately 
wetted, and that asbestos waste be handled, collected, and disposed of 
properly. The requirements for disposal of waste materials are discussed 
separately in section IV below. The emission control requirements 
discussed in this section III apply only to roof removal operations that 
are covered by the NESHAP as set forth in Section I above.
    3.A.2. For any operation subject to the NESHAP, the regulation 
(Secs. 61.145(c)(2)(i), (3), (6)(i)) requires that RACM be adequately 
wet (as defined in Sec. 61.141) during the operation that damages or 
disturbs the asbestos material until collected for disposal.
    3.A.3. When using an RB roof cutter (or any other method that sands, 
grinds, cuts or abrades the roofing material) to remove Category I 
asbestos-containing roofing material, the emission control requirements 
of Sec. 61.145(c) apply as discussed in Section I above. EPA will 
consider a roof removal project to be in compliance with the 
``adequately wet'' and ``discharge no visible emission'' requirements of 
the NESHAP if the RB roof cutter is equipped and operated with the 
following: (1) a blade guard that completely encloses the blade and 
extends down close to the roof surface; and (2) a device for spraying a 
fine mist of water inside the blade guard, and which device is in 
operation during the cutting of the roof.

                 B. Exemptions From Wetting Requirements

    3.B.1. The NESHAP provides that, in certain instances, wetting may 
not be required during the cutting of Category I asbestos roofing 
material with an RB roof cutter. If EPA determines in accordance with 
Sec. 61.145(c)(3)(i), that wetting will unavoidably damage the building, 
equipment inside the building, or will present a safety hazard while 
stripping the ACM from a facility component that remains in place, the 
roof removal operation will be exempted from the requirement to wet 
during cutting. EPA must have sufficient written information on which to 
base such a decision. Before proceeding with a dry removal, the 
contractor must have received EPA's written approval. Such exemptions 
will be made on a case-by-case basis.
    3.B.2. It is EPA's view that, in most instances, exemptions from the 
wetting requirements are not necessary. Where EPA grants an exemption 
from wetting because of the potential for damage to the building, damage 
to equipment within the building or a safety hazard, the NESHAP 
specifies alternative control methods (Sec. 61.145(c)(3)(i)(B)). 
Alternative control methods include (a) the use of local exhaust 
ventilation systems that capture the dust, and do not produce visible 
emissions, or (b) methods that are designed and operated in accordance 
with the requirements of Sec. 61.152, or (c) other methods that have 
received the written approval of EPA. EPA will consider an alternative 
emission control method in compliance with the NESHAP if the method has 
received written approval from EPA and the method is being implemented 
consistent with the approved procedures (Sec. 61.145(c)(3)(ii) or 
Sec. 61.152(b)(3)).
    3.B.3. An exemption from wetting is also allowed when the air or 
roof surface temperature at the point of wetting is below freezing, as 
specified in Sec. 61.145(c)(7). If freezing temperatures are indicated 
as the reason for not wetting, records must be kept of the temperature 
at the beginning, middle and end of the day on which wetting is not 
performed and the records of temperature must be retained for at least 2 
years. 42 CFR Sec. 61.145(c)(7)(iii). It is EPA's interpretation that in 
such cases, no written application to, or written approval by the 
Administrator is needed for using emission control methods listed in 
Sec. 61.145(c)(3)(i)(B), or alternative emission control methods that 
have been previously approved by the Administrator. However, such 
written application or approval is required for alternative emission 
control methods that have not been previously approved. Any dust and 
debris collected from cutting must still be kept wet and placed in 
containers. All of the other requirements for notification and waste 
disposal would continue to apply as described elsewhere in this notice 
and the Asbestos NESHAP.

                    C. Waste Collection and Handling

    3.C.1. It is EPA's interpretation that waste resulting from slicing 
and other methods that do not cut, grind, sand or abrade Category I 
nonfriable asbestos-containing roofing material is not subject to the 
NESHAP and can be disposed of as nonasbestos waste. EPA further 
construes the NESHAP to provide that if Category II roofing material 
(such as A/C shingles) is removed and disposed of without crumbling, 
pulverizing, or reducing it to powder, the waste from the removal is not 
subject to the NESHAP waste disposal requirements. EPA also interprets 
the NESHAP to be inapplicable to waste resulting from roof removal 
operations that do not meet or exceed the coverage thresholds described 
in section I above. Of course, other State, local, or Federal 
regulations may apply.
    3.C.2. It is EPA's interpretation that when an RB roof cutter, or 
other method that similarly damages the roofing material, is used to cut 
Category I asbestos containing roofing material, the damaged material 
from

[[Page 108]]

the cut (the sawdust or debris) is considered asbestos containing waste 
subject to Sec. 61.150 of the NESHAP, provided the coverage thresholds 
discussed above in section 1 are met or exceeded. This sawdust or debris 
must be disposed of at a disposal site operated in accordance with the 
NESHAP. It is also EPA's interpretation of the NESHAP that if the 
remainder of the roof is free of the sawdust and debris generated by the 
cutting, or if such sawdust or debris is collected as discussed below in 
paragraphs 3.C.3, 3.C.4, 3.C.5 and 3.C.6, the remainder of the roof can 
be disposed of as nonasbestos waste because it is considered to be 
Category I nonfriable material (as long as the remainder of the roof is 
in fact nonasbestos material or if it is Category I asbestos material 
and the removal methods do not further sand, grind, cut or abrade the 
roof material). EPA further believes that if the roof is not cleaned of 
such sawdust or debris, i.e., it is contaminated, then it must be 
treated as asbestos-containing waste material and be handled in 
accordance with Sec. 61.150.
    3.C.3. In order to be in compliance with the NESHAP while using an 
RB roof cutter (or device that similarly damages the roofing material) 
to cut Category I asbestos containing roofing material, the dust and 
debris resulting from the cutting of the roof should be collected as 
soon as possible after the cutting operation, and kept wet until 
collected and placed in leak-tight containers. EPA believes that where 
the blade guard completely encloses the blade and extends down close to 
the roof surface and is equipped with a device for spraying a fine mist 
of water inside the blade guard, and the spraying device is in operation 
during the cutting, most of the dust and debris from cutting will be 
confined along the cut. The most efficient methods to collect the dust 
and debris from cutting are to immediately collect or vacuum up the 
damaged material where it lies along the cut using a filtered vacuum 
cleaner or debris collector that meets the requirements of 40 CFR 61.152 
to clean up as much of the debris as possible, or to gently sweep up the 
bulk of the debris, and then use a filtered vacuum cleaner that meets 
the requirements of 40 CFR 61.152 to clean up as much of the remainder 
of the debris as possible. On smooth surfaced roofs (nonaggregate 
roofs), sweeping up the debris and then wet wiping the surface may be 
done in place of using a filtered vacuum cleaner. It is EPA's view that 
if these decontamination procedures are followed, the remaining roofing 
material does not have to be collected and disposed of as asbestos 
waste. Additionally, it is EPA's view that where such decontamination 
procedures are followed, if the remaining portions of the roof are non-
asbestos or Category I nonfriable asbestos material, and if the 
remaining portions are removed using removal methods that slice, shear, 
punch or pry, as discussed in section 1.C above, then the remaining 
portions do not have to be collected and disposed of as asbestos waste 
and the NESHAP's no visible emissions and adequately wet requirements 
are not applicable to the removal of the remaining portions. In EPA's 
interpretation, the failure of a filtered vacuum cleaner or debris 
collector to collect larger chunks or pieces of damaged roofing material 
created by the RB roof cutter does not require the remaining roofing 
material to be handled and disposed of as asbestos waste, provided that 
such visible chunks or pieces of roofing material are collected (e.g. by 
gentle sweeping) and disposed of as asbestos waste. Other methods of 
decontamination may not be adequate, and should be approved by the local 
delegated agency.
    3.C.4. In EPA's interpretation, if the debris from the cutting is 
not collected immediately, it will be necessary to lightly mist the dust 
or debris, until it is collected, as discussed above, and placed in 
containers. The dust or debris should be lightly misted frequently 
enough to prevent the material from drying, and to prevent airborne 
emissions, prior to collection as described above. It is EPA's 
interpretation of the NESHAP that if these procedures are followed, the 
remaining roofing material does not have to be collected and disposed of 
as asbestos waste, as long as the remaining roof material is in fact 
nonasbestos material or if it is Category I asbestos material and the 
removal methods do not further sand, grind, cut or abrade the roof 
material.
    3.C.5. It is EPA's interpretation that, provided the roofing 
material is not friable prior to the cutting operation, and provided the 
roofing material has not been made friable by the cutting operation, the 
appearance of rough, jagged or damaged edges on the remaining roofing 
material, due to the use of an RB roof cutter, does not require that 
such remaining roofing material be handled and disposed of as asbestos 
waste. In addition, it is also EPA's interpretation that if the sawdust 
or debris generated by the use of an RB roof cutter has been collected 
as discussed in paragraphs 3.C.3, 3.C.4 and 3.C.6, the presence of dust 
along the edge of the remaining roof material does not render such 
material ``friable'' for purposes of this interpretive rule or the 
NESHAP, provided the roofing material is not friable prior to the 
cutting operation, and provided that the remaining roofing material near 
the cutline has not been made friable by the cutting operation. Where 
roofing material near the cutline has been made friable by the use of 
the RB cutter (i.e. where such remaining roofing material near the 
cutline can be crumbled, pulverized or reduced to powder using hand 
pressure), it is EPA's interpretation that the use of an encapsulant 
will ensure that such friable material need not be treated or disposed 
of as asbestos containing

[[Page 109]]

waste material. The encapsulant may be applied to the friable material 
after the roofing material has been collected into stacks for subsequent 
disposal as nonasbestos waste. It is EPA's view that if the 
encapsulation procedure set forth in this paragraph is followed in 
operations where roofing material near the cutline has been rendered 
friable by the use of an RB roof cutter, and if the decontamination 
procedures set forth in paragraph 3.C.3 have been followed, the NESHAP's 
no visible emissions and adequately wet requirements would be met for 
the removal, handling and disposal of the remaining roofing material.
    3.C.6. As one way to comply with the NESHAP, the dust and debris 
from cutting can be placed in leak-tight containers, such as plastic 
bags, and the containers labeled using warning labels required by OSHA 
(29 CFR 1926.58). In addition, the containers must have labels that 
identify the waste generator (such as the name of the roofing 
contractor, abatement contractor, and/or building owner or operator) and 
the location of the site at which the waste was generated.

                           IV. Waste Disposal

                        A. Disposal Requirements

    4.A.1. Section 61.150(b) requires that, as soon as is practical, all 
collected dust and debris from cutting as well as any contaminated 
roofing squares, must be taken to a landfill that is operated in 
accordance with Sec. 61.154 or to an EPA-approved site that converts 
asbestos waste to nonasbestos material in accordance with Sec. 61.155. 
During the loading and unloading of affected waste, asbestos warning 
signs must be affixed to the vehicles.

                        B. Waste Shipment Record

    4.B.1. For each load of asbestos waste that is regulated under the 
NESHAP, a waste shipment record (WSR) must be maintained in accordance 
with Sec. 61.150(d). Information that must be maintained for each waste 
load includes the following:
     Name, address, and telephone number of the waste generator
     Name and address of the local, State, or EPA regional 
office responsible for administering the asbestos NESHAP program
     Quantity of waste in cubic meters (or cubic yards)
     Name and telephone number of the disposal site operator
     Name and physical site location of the disposal site
     Date transported
     Name, address, and telephone number of the transporter(s)
     Certification that the contents meet all government 
regulations for transport by highways.
    4.B.2. The waste generator is responsible for ensuring that a copy 
of the WSR is delivered to the disposal site along with the waste 
shipment. If a copy of the WSR signed by the disposal site operator is 
not returned to the waste generator within 35 days, the waste generator 
must contact the transporter and/or the disposal site to determine the 
status of the waste shipment. 40 CFR 61.150(d)(3). If the signed WSR is 
not received within 45 days, the waste generator must report, in 
writing, to the responsible NESHAP program agency and send along a copy 
of the WSR. 40 CFR 61.150(d)(4). Copies of WSRs, including those signed 
by the disposal site operator, must be retained for at least 2 years. 40 
CFR 61.150(d)(5).

                               V. Training

    5.1. For those roof removals that are subject to the NESHAP, at 
least one on-site supervisor trained in the provisions of the NESHAP 
must be present during the removal of the asbestos roofing material. 40 
CFR 61.145(c)(8). In EPA's view, this person can be a job foreman, a 
hired consultant, or someone who can represent the building owner or 
contractor responsible for the removal. In addition to the initial 
training requirement, a refresher training course is required every 2 
years. The NESHAP training requirements became effective on November 20, 
1991.
    5.2. Asbestos training courses developed specifically to address 
compliance with the NESHAP in roofing work, as well as courses developed 
for other purposes can satisfy this requirement of the NESHAP, as long 
as the course covers the areas specified in the regulation. EPA believes 
that Asbestos Hazard Emergency Response Act (AHERA) training courses 
will, for example, satisfy the NESHAP training requirements. However, 
nothing in this interpretive rule or in the NESHAP shall be deemed to 
require that roofing contractors or roofing workers performing 
operations covered by the NESHAP must be trained or accredited under 
AHERA, as amended by the Asbestos School Hazard Abatement 
Reauthorization Act (ASHARA). Likewise, state or local authorities may 
independently impose additional training, licensing, or accreditation 
requirements on roofing contractors performing operations covered by the 
NESHAP, but such additional training, licensing or accreditation is not 
called for by this interpretive rule or the federal NESHAP.
    5.3. For removal of Category I asbestos containing roofing material 
where RB roof cutters or equipment that similarly damages the asbestos-
containing roofing material are used, the NESHAP training requirements 
(Sec. 61.145(c)(8)) apply as discussed in Section I above. It is EPA's 
intention that removal of

[[Page 110]]

Category I asbestos-containing roofing material using hatchets, axes, 
knives, and/or the use of spud bars, pry bars and shovels to lift the 
roofing material, or similar removal methods that slice, punch, or shear 
the roof membrane are not subject to the training requirements, since 
these methods do not cause the roof removal to be subject to the NESHAP. 
Likewise, it is EPA's intention that roof removal operations involving 
Category II nonfriable ACM are not subject to the training requirements 
where such operations are not subject to the NESHAP as discussed in 
section I above.

[59 FR 31158, June 17, 1994, as amended at 60 FR 31920, June 19, 1995]



 Subpart N--National Emission Standard for Inorganic Arsenic Emissions 
                     From Glass Manufacturing Plants

    Source: 51 FR 28025, Aug. 4, 1986, unless otherwise noted.



Sec. 61.160  Applicability and designation of source.

    (a) The source to which this subpart applies is each glass melting 
furnace that uses commercial arsenic as a raw material. This subpart 
does not apply to pot furnaces.
    (b) Rebricking is not considered construction or modification for 
the purposes of Sec. 61.05(a).



Sec. 61.161  Definitions.

    The terms used in this subpart are defined in the Clean Air Act, in 
Sec. 61.02, or in this section as follows:
    Arsenic-containing glass type means any glass that is distinguished 
from other glass solely by the weight percent of arsenic added as a raw 
material and by the weight percent of arsenic in the glass produced. Any 
two or more glasses that have the same weight percent of arsenic in the 
raw materials as well as in the glass produced shall be considered to 
belong to one arsenic-containing glass type, without regard to the 
recipe used or any other characteristics of the glass or the method of 
production.
    By-pass the control device means to operate the glass melting 
furnace without operating the control device to which that furnace's 
emissions are directed routinely.
    Commercial arsenic means any form of arsenic that is produced by 
extraction from any arsenic-containing substance and is intended for 
sale or for intentional use in a manufacturing process. Arsenic that is 
a naturally occurring trace constituent of another substance is not 
considered ``commercial arsenic.''
    Cullet means waste glass recycled to a glass melting furnace.
    Glass melting furnace means a unit comprising a refractory vessel in 
which raw materials are charged, melted at high temperature, refined, 
and conditioned to produce molten glass. The unit includes foundations, 
superstructure and retaining walls, raw material charger systems, heat 
exchangers, melter cooling system, exhaust system, refractory brick 
work, fuel supply and electrical boosting equipment, integral control 
systems and instrumentation, and appendages for conditioning and 
distributing molten glass to forming apparatuses. The forming 
apparatuses, including the float bath used in flat glass manufacturing, 
are not considered part of the glass melting furnace.
    Glass produced means the glass pulled from the glass melting 
furnace.
    Inorganic arsenic means the oxides and other noncarbon compounds of 
the element arsenic included in particulate matter, vapors, and 
aerosols.
    Malfunction means any sudden failure of air pollution control 
equipment or process equipment or of a process to operate in a normal or 
usual manner so that emissions of arsenic are increased.
    Pot furnace means a glass melting furnace that contains one or more 
refractory vessels in which glass is melted by indirect heating. The 
openings of the vessels are in the outside wall of the furnace and are 
covered with refractory stoppers during melting.
    Rebricking means cold replacement of damaged or worn refractory 
parts of the glass melting furnace. Rebricking includes replacement of 
the refractories comprising the bottom, sidewalls, or roof of the 
melting vessel; replacement of refractory work in the heat exchanger; 
and replacement of refractory portions of the glass conditioning and 
distribution system.

[[Page 111]]

    Shutdown means the cessation of operation of an affected source for 
any purpose.
    Theoretical arsenic emissions factor means the amount of inorganic 
arsenic, expressed in grams per kilogram of glass produced, as 
determined based on a material balance.
    Uncontrolled total arsenic emissions means the total inorganic 
arsenic in the glass melting furnace exhaust gas preceding any add-on 
emission control device.

[51 FR 28025, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986]



Sec. 61.162  Emission limits.

    (a) The owner or operator of an existing glass melting furnace 
subject to the provisions of this subpart shall comply with either 
paragraph (a)(1) or (a)(2) of this section; except as provided in 
paragraph (c) of this section.
    (1) Uncontrolled total arsenic emissions from the glass melting 
furnace shall be less than 2.5 Mg per year, or
    (2) Total arsenic emissions from the glass melting furnace shall be 
conveyed to a control device and reduced by at least 85 percent.
    (b) The owner or operator of a new or modified glass melting furnace 
subject to the provisions of this subpart shall comply with either 
paragraph (b)(1) or (b)(2) of this section, except as provided in 
paragraph (c) of this section.
    (1) Uncontrolled total arsenic emissions from the glass melting 
furnace shall be less than 0.4 Mg per year, or
    (2) Total arsenic emissions from the glass melting furnace shall be 
conveyed to a control device and reduced by at least 85 percent.
    (c) An owner or operator of a source subject to the requirements of 
this section may, after approval by the Administrator, bypass the 
control device to which arsenic emissions from the furnace are directed 
for a limited period of time for designated purposes such as maintenance 
of the control device, as specified in Sec. 61.165(e).
    (d) At all times, including periods of startup, shutdown, and 
malfunction, the owner or operator of a glass melting furnace subject to 
the provisions of this subpart shall operate and maintain the furnace 
and associated air pollution control equipment in a manner consistent 
with good air pollution control practice for minimizing emissions of 
inorganic arsenic to the atmosphere to the maximum extent practicable. 
Determination of whether acceptable operating 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 operating and maintenance procedures, inspection of 
the source, and review of other records.



Sec. 61.163  Emission monitoring.

    (a) An owner or operator of a glass melting furnace subject to the 
emission limit in Sec. 61.162(a)(2) or Sec. 61.162(b)(2) shall:
    (1) Install, calibrate, maintain, and operate a continuous 
monitoring system for the measurement of the opacity of emissions 
discharged into the atmosphere from the control device; and
    (2) Install, calibrate, maintain, and operate a monitoring device 
for the continuous measurement of the temperature of the gas entering 
the control device.
    (b) All continuous monitoring systems and monitoring devices shall 
be installed and operational prior to performance of an emission test 
required by Sec. 61.164(a). Verification of operational status shall, at 
a minimum, consist of an evaluation of the monitoring system in 
accordance with the requirements and procedures contained in Performance 
Specification 1 of appendix B of 40 CFR part 60.
    (c) During the emission test required in Sec. 61.164(a) each owner 
or operator subject to paragraph (a) of this section shall:
    (1) Conduct continuous opacity monitoring from the beginning of the 
first test run until the completion of the third test run. Process and 
control equipment shall be operated in a manner that will minimize 
opacity of emissions, subject to the Administrator's approval.
    (2) Calculate 6-minute opacity averages from 24 or more data points 
equally spaced over each 6-minute period during the test runs.
    (3) Determine, based on the 6-minute opacity averages, the opacity 
value corresponding to the 97.5 percent upper

[[Page 112]]

confidence level of a normal or lognormal (whichever the owner or 
operator determines is more representative) distribution of the average 
opacity values.
    (4) Conduct continuous monitoring of the temperature of the gas 
entering the control device from the beginning of the first test run 
until completion of the third test run.
    (5) Calculate 15-minute averages of the temperature of the gas 
entering the control device during each test run.
    (d) An owner or operator may redetermine the values described in 
paragraph (c) of this section during any emission test that demonstrates 
compliance with the emission limits in Sec. 61.162(a)(2) or 
Sec. 61.162(b)(2).
    (e) The requirements of Sec. 60.13(d) and Sec. 60.13(f) shall apply 
to an owner or operator subject to paragraph (a) of this section.
    (f) Except for system breakdowns, repairs, calibration checks, and 
zero and span adjustments required under Sec. 60.13(d), all continuous 
monitoring systems shall be in continuous operation and shall meet 
minimum frequency of operation requirements by completing a minimum of 
one cycle of sampling and analyzing for each successive 10-second period 
and one cycle of data recording for each successive 6-minute period.
    (g) An owner or operator subject to paragraph (a) of this section 
shall:
    (1) Reduce all opacity data to 6-minute averages. Six-minute 
averages shall be calculated from 24 or more data points equally spaced 
over each 6-minute period. Data recorded during periods of monitoring 
system breakdowns, repairs, calibration checks, and zero and span 
adjustments shall not be included in the data averages calculated under 
this paragraph, and
    (2) Calculate 15-minute averages of the temperature of the gas 
entering the control device for each 15-minute operating period.
    (h) After receipt and consideration of written application, the 
Administrator may approve alternative monitoring systems for the 
measurement of one or more process or operating parameters that is or 
are demonstrated to enable accurate and representative monitoring of a 
properly operating control device. Upon approval of an alternative 
monitoring system for an affected source, the Administrator will specify 
requirements to replace the requirements of paragraphs (a)--(g) of this 
section for that system.



Sec. 61.164  Test methods and procedures.

    (a) To demonstrate compliance with Sec. 61.162, the owner or 
operator shall conduct emission tests, reduce test data, and follow the 
procedures specified in this section unless the Administrator:
    (1) Specifies or approves, in specific cases, the use of a reference 
method with minor changes in methodology;
    (2) Approves the use of an equivalent method;
    (3) Approves the use of an alternative method the results of which 
he has determined to be adequate for indicating whether a specific 
source is in compliance; or
    (4) Waives the requirement for emission tests as provided under 
Sec. 61.13.
    (b) Unless a waiver of emission testing is obtained, the owner or 
operator shall conduct emission tests required by this section:
    (1) No later than 90 days after the effective date of this subpart 
for a source that has an initial startup date preceding the effective 
date; or
    (2) No later than 90 days after startup for a source that has an 
initial startup date after the effective date.
    (3) At such other times as may be required by the Administrator 
under section 114 of the Act.
    (4) While the source is operating under such conditions as the 
Administrator may specify, based on representative performance of the 
source.
    (c) To demonstrate compliance with Sec. 61.162(a)(1) when less than 
8.0 Mg per year of elemental arsenic is added to any existing glass 
melting furnace, or to demonstrate compliance with Sec. 61.162(b)(1) 
when less than 1.0 Mg per year of elemental arsenic is added to any new 
or modified glass melting furnace, an owner or operator shall:
    (1) Derive a theoretical uncontrolled arsenic emission factor (T), 
in grams of elemental arsenic per kilogram of glass produced, based on 
material balance

[[Page 113]]

calculations for each arsenic-containing glass type (i) produced during 
the 12-month period, as follows:

Ti = (Abi  x  Wbi) + (Aci  x  Wci) - Agi

Where:
Ti = the theoretical uncontrolled arsenic emission factor (g/kg) 
          for each glass type (i).
Abi = fraction by weight of elemental arsenic in the fresh batch 
          for each glass type (i).
Wbi = weight (g) of fresh batch melted per kg of glass produced for 
          each glass type (i).
Aci = fraction by weight of elemental arsenic in cullet for each 
          glass type (i).
Wci = weight (g) of cullet melted per kg of glass produced for each 
          glass type (i).
Agi = weight (g) of elemental arsenic per kg glass produced for 
          each glass type (i).

    (2) Estimate theoretical uncontrolled arsenic emissions for the 12-
month period for each arsenic-containing glass type as follows:

                                                                        
                                           (Ti  x  Gi)                  
                                 Yi  =  ----------------                
                                             10 \6\                     
                                                                        

Where:
Yi = the theoretical uncontrolled arsenic emission estimate for the 
          12-month period for each glass type (Mg/year).
Ti = the theoretical uncontrolled arsenic emission factor for each 
          type of glass (i) produced during the 12-month period as 
          calculated in paragraph (c)(1) of this section (g/kg).
Gi = the quantity (kg) of each arsenic-containing glass type (i) 
          produced during the 12-month period.
    (3) Estimate the total theoretical uncontrolled arsenic emissions 
for the 12-month period by finding the sum of the values calculated for 
Yi in paragraph (c)(2) of this section.
    (4) If the value determined in paragraph (c)(3) of this section is 
equal to or greater than the applicable limit in Sec. 61.162(a)(1) or 
(b)(1), conduct the emission testing and calculations described in 
paragraphs (d)(1) through (d)(5) of this section. If the value is less 
than the applicable limit, the source is in compliance and no emission 
testing or additional calculations are required.
    (d) To demonstrate compliance with Sec. 61.162(a)(1) when 8.0 Mg per 
year or more of elemental arsenic are added to any existing glass 
melting furnace, or to demonstrate compliance with Sec. 61.162(b)(1) 
when 1.0 Mg per year or more of elemental arsenic is added to any new or 
modified glass melting furnace, an owner or operator shall:
    (1) Estimate the theoretical uncontrolled arsenic emissions for each 
glass type for the 12-month period by performing the calculations 
described in paragraphs (c)(1) and (c)(2) of this section.
    (2) Conduct emission testing to determine the actual uncontrolled 
arsenic emission rate during production of the arsenic-containing glass 
type with the highest theoretical uncontrolled arsenic emissions as 
calculated under paragraph (d)(1) of this section. The owner or operator 
shall use the following test methods and procedures:
    (i) Use Method 108 in appendix B to this part for determinig the 
arsenic emission rate (g/h). The emission rate shall equal the 
arithmetic mean of the results of three 60-minute test runs.
    (ii) Use the following methods in appendix A to 40 CFR part 60:
    (A) Method 1 for sample and velocity traverse.
    (B) Method 2 for velocity and volumetric flowrate.
    (C) Method 3 for gas analysis.
    (D) For sources equipped with positive pressure fabric filters, use 
Section 4 of Method 5D to determine a suitable sampling location and 
procedure.
    (3) Determine the actual uncontrolled arsenic emission factor 
(Ra) in grams of elemental arsenic per kilogram of glass produced, 
as follows:

Ra=EaP

Where:
Ra=the actual uncontrolled arsenic emission factor (g/kg).
Ea=the actual uncontrolled arsenic emission rate (g/h) from 
          paragraph (d)(2) of this section.
P=the rate of glass production (kg/h), determined by dividing the weight 
          (kg) of glass pulled from the furnace during the emission test 
          by the number of hours (h) taken to perform the test under 
          paragraph (d)(2) of this section.

    (4) Calculate a correction factor to relate the theoretical and the 
actual uncontrolled arsenic emission factors as follows:

F=RaTi

Where:
F=the correction factor.

[[Page 114]]

Ra=the actual uncontrolled arsenic emission factor (g/kg) 
          determined in paragraph (d)(3) of this section.
Ti=the theoretical uncontrolled arsenic emission factor (g/kg) 
          determined in paragraph (c)(1) of this section for the same 
          glass type for which Ra was determined.

    (5) Determine the uncontrolled arsenic emission rate for the 12-
month period, as follows:

                                                     n                                                          
                                                    <3-ln-grk-S> (Ti x F x Gi)                                  
                                                   i=1                                                          
                                              U =                                                               
                                                                10\6\                                           
                                                                                                                

Where:
U=the uncontrolled arsenic emission rate for the 12-month period (Mg/
          year).
Ti=the theoretical uncontrolled arsenic emission factor for each 
          arsenic-containing glass type (i) produced during the 12-month 
          period, as calculated in paragraph (c)(1) of this section (g/
          kg).
F=the correction factor calculated in paragraph (d)(4) of this section.
Gi=the quantity (kg) of each arsenic-containing glass type (i) 
          produced during the 12-month period.
n=the number of arsenic-containing glass types produced during the 12-
          month period.

    (6) If the value determined in paragraph (d)(5) of this section is 
less than the applicable limit in Sec. 61.162(a)(1) or (b)(1), the 
source is in compliance.
    (e) To demonstrate compliance with Sec. 61.162(a)(2) or (b)(2), an 
owner or operator shall:
    (1) Conduct emission testing to determine the percent reduction of 
inorganic arsenic emissions being achieved by the control device, using 
the following test methods and procedures:
    (i) Use Method 108 in appendix B to this part to determine the 
concentration of arsenic in the gas streams entering and exiting the 
control device. Conduct three 60-minute test runs, each consisting of 
simultaneous testing of the inlet and outlet gas streams. The gas 
streams shall contain all the gas exhausted from the glass melting 
furnace.
    (ii) Use the following methods in appendix A to 40 CFR part 60:
    (A) Method 1 for sample and velocity traverses.
    (B) Method 2 for velocity and volumetric flowrate.
    (C) Method 3 for gas analysis.
    (D) For sources equipped with positive pressure fabric filters, use 
Section 4 of Method 5D to determine a suitable sampling location and 
procedure.
    (2) Calculate the percent emission reduction for each run as 
follows:

                                                                        
                                       (Cb-Ca)  x  100                  
                                D  = -------------------                
                                              Cb                        
                                                                        

Where:
D= the percent emission reduction.
Cb= the arsenic concentration of the stack gas entering the control 
          device, as measured by Method 108.
Ca= the arsenic concentration of the stack gas exiting the control 
          device, as measured by Method 108.

    (3) Determine the average percent reduction of arsenic by 
calculating the arithmetic mean of the results for the three runs. If it 
is at least 85 percent, the source is in compliance.

[51 FR 28025, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986, as amended at 55 
FR 22027, May 31, 1990]



Sec. 61.165  Reporting and recordkeeping requirements.

    (a) Each owner or operator of a source subject to the requirements 
of Sec. 61.162 shall maintain at the source for a period of at least 2 
years and make available to the Administrator upon request a file of the 
following records:
    (1) All measurements, including continuous monitoring for 
measurement of opacity, and temperature of gas entering a control 
device;
    (2) Records of emission test data and all calculations used to 
produce the required reports of emission estimates to demonstrate 
compliance with Sec. 61.162;
    (3) All continous monitoring system performance evaluations, 
including calibration checks and adjustments;
    (4) The occurrence and duration of all startups, shutdowns, and 
malfunctions of the furnace;
    (5) All malfunctions of the air pollution control system;
    (6) All periods during which any continuous monitoring system or 
monitoring device is inoperative;
    (7) all records of maintenance and repairs for each air pollution 
control system, continuous monitoring system, or monitoring device;
    (b) Each owner or operator who is given approval by the 
Administrator to

[[Page 115]]

bypass a control device under paragraph (e) of this section shall 
maintain at the source for a period of at least 2 years and make 
available to the Administrator upon request a file of the following 
records:
    (1) The dates the control device is bypassed; and
    (2) Steps taken to minimize arsenic emissions during the period the 
control device was bypassed.
    (c) Each owner or operator of a source subject to the emission limit 
in Sec. 61.162(a)(1) or (b)(1) shall determine and record at the end of 
every 6 months the uncontrolled arsenic emission rate for the preceding 
and forthcoming 12-month periods. The determinations shall:
    (1) Be made by following the procedures in Sec. 61.164(c)(1), 
(c)(2), and (c)(3); or in Sec. 61.164(d)(5), whichever is applicable; 
and
    (2) Take into account changes in production rates, types of glass 
produced, and other factors that would affect the uncontrolled arsenic 
emission rate.
    (d) Each owner or operator of a source subject to the provisions of 
this subpart shall:
    (1) Provide the Administrator 30 days prior notice of any emission 
test required in Sec. 61.164 to afford the Administrator the opportunity 
to have an observer present; and
    (2) Submit to the Administrator a written report of the results of 
the emission test and associated calculations required in Sec. 61.164(d) 
or (e), as applicable, within 60 days after conducting the test.
    (3) Submit to the Administrator a written report of the arsenic 
emission estimates calculated under Sec. 61.164(c):
    (i) Within 45 days after the effective date of this subpart for a 
source that has an initial startup date preceding the effective date; or
    (ii) Within 45 days after startup for a source that has an initial 
startup date after the effective date.
    (4) Submit to the Adminstrator a written report of the uncontrolled 
arsenic emission rates determined in accordance with paragraph (c) of 
this section, if:
    (i) The emission rate for the preceding 12-month period (or 
preceding 6-month period for the first 6-month determination) exceeded 
the applicable limit in Sec. 61.162(a)(1) or (b)(1).
    (ii) The emission rate for the forthcoming 12-month period will 
exceed the applicable limit in Sec. 61.162(a)(1) or (b)(1). In this 
case, the owner or operator shall also notify the Administrator of the 
anticipated date of the emission test to demonstrate compliance with the 
applicable limit in Sec. 61.162(a)(2) or (b)(2).
    (5) Ensure that the reports required in paragraph (d)(4) of this 
section are postmarked by the tenth day following the end of the 6-month 
reporting period.
    (e) To obtain approval to bypass a control device, as provided in 
Sec. 61.162(c), an owner or operator of a source subject to this subpart 
may make written application to the Administrator. Each application for 
such a waiver shall be submitted to the Administrator no later than 60 
days before the bypass period would begin and shall include:
    (1) Name and address of the owner or operator;
    (2) Location of the source;
    (3) A brief description of the nature, size, design, and method of 
operation of the source;
    (4) The reason it is necessary to by-pass the control device;
    (5) The length of time it will be necessary to by-pass the control 
device;
    (6) Steps that will be taken to minimize arsenic emissions during 
the period the control device will be by-passed.
    (7) The quantity of emissions that would be released while the 
control device is by-passed if no steps were taken to minimize 
emissions;
    (8) The expected reduction in emissions during the by-pass period 
due to the steps taken to minimize emissions during this period; and
    (9) The type of glass to be produced during the bypass period, and, 
if applicable, an explanation of why non-arsenic or lower-arsenic-
containing glass cannot be melted in the furnace during the bypass 
period.
    (f) Each owner or operator required to install and operate a 
continuous opacity monitoring system under Sec. 61.163 shall:

[[Page 116]]

    (1) Submit a written report to the Administrator of the results of 
the continuous monitoring system evaluation required under 
Sec. 61.163(b) within 60 days after conducting the evaluation.
    (2) Submit a written report to the Administrator every 6 months if 
excess opacity occurred during the preceding 6-month period. For 
purposes of this paragraph, an occurrence of excess opacity is any 6-
minute period during which the average opacity, as measured by the 
continuous monitoring system, exceeds the opacity level determined under 
Sec. 61.163(c)(3) or the opacity level redetermined under 
Sec. 61.163(d).
    (3) Ensure that any semiannual report of excess opacity required by 
paragraph (f)(2) of this section is postmarked by the thirtieth day 
following the end of the 6-month period and includes the following 
information:
    (i) The magnitude of excess opacity, any conversion factor(s) used, 
and the date and time of commencement and completion of each occurrence 
of excess opacity.
    (ii) Specific identification of each occurrence of excess opacity 
that occurs during startups, shutdowns, and malfunctions of the source.
    (iii) The date and time identifying each period during which the 
continuous monitoring system was inoperative, except for zero and span 
checks, and the nature of the system repairs or adjustments.



 Subpart O--National Emission Standard for Inorganic Arsenic Emissions 
                      From Primary Copper Smelters

    Source: 51 FR 28029, Aug. 4, 1986, unless otherwise noted.



Sec. 61.170  Applicability and designation of source.

    The provisions of this subpart are applicable to each copper 
converter at any new or existing primary copper smelter, except as noted 
in Sec. 61.172(a).



Sec. 61.171  Definitions.

    All terms used in this subpart shall have the meanings given to them 
in the Act, in subpart A of part 61, and in this section as follows:
    Blowing means the injection of air or oxygen-enriched air into a 
molten converter bath.
    Charging means the addition of a molten or solid material to a 
copper converter.
    Control device means the air pollution control equipment used to 
collect particulate matter emissions.
    Converter arsenic charging rate means the hourly rate at which 
arsenic is charged to the copper converters in the copper converter 
department based on the arsenic content of the copper matte and of any 
lead matte that is charged to the copper converters.
    Copper converter means any vessel in which copper matte is charged 
and is oxidized to copper.
    Copper converter department means all copper converters at a primary 
copper smelter.
    Copper matte means any molten solution of copper and iron sulfides 
produced by smelting copper sulfide ore concentrates or calcines.
    Holding of a copper converter means suspending blowing operations 
while maintaining in a heated state the molten bath in the copper 
converter.
    Inorganic arsenic means the oxides and other noncarbon compounds of 
the element arsenic included in particulate matter, vapors, and 
aerosols.
    Lead matte means any molten solution of copper and other metal 
sulfides produced by reduction of sinter product from the oxidation of 
lead sulfide ore concentrates.
    Malfunction means any sudden failure of air pollution control 
equipment or process equipment or of a process to operate in a normal or 
usual manner so that emissions of inorganic arsenic are increased.
    Opacity means the degree to which emissions reduce the transmission 
of light.
    Particulate matter means any finely divided solid or liquid 
material, other than uncombined water, as measured by the specified 
reference method.
    Pouring means the removal of blister copper from the copper 
converter bath.
    Primary copper smelter means any installation or intermediate 
process engaged in the production of copper from copper-bearing 
materials through the use of pyrometallurgical techniques.

[[Page 117]]

    Primary emission control system means the hoods, ducts, and control 
devices used to capture, convey, and collect process emissions.
    Process emissions means inorganic arsenic emissions from copper 
converters that are captured directly at the source of generation.
    Secondary emissions means inorganic arsenic emissions that escape 
capture by a primary emission control system.
    Secondary hood system means the equipment (including hoods, ducts, 
fans, and dampers) used to capture and transport secondary inorganic 
arsenic emissions.
    Shutdown means the cessation of operation of a stationary source for 
any reason.
    Skimming means the removal of slag from the molten converter bath.



Sec. 61.172  Standard for new and existing sources.

    (a) The provisions of paragraphs (b)-(f) of this section do not 
apply to any copper converter at a facility where the total arsenic 
charging rate for the copper converter department averaged over a 1-year 
period is less than 75 kg/h, as determined under Sec. 61.174(f).
    (b) The owner or operator of each copper converter subject to the 
provisions of this subpart shall reduce inorganic arsenic emissions to 
the atmosphere by meeting the following design, equipment, work 
practice, and operational requirements:
    (1) Install, operate, and maintain a secondary hood system on each 
copper converter. Each secondary hood system shall consist of a hood 
enclosure, air curtain fan(s), exhaust system fan(s), and ductwork that 
conveys the captured emissions to a control device, and shall meet the 
following specifications:
    (i) The configuration and dimensions of the hood enclosure shall be 
such that the copper converter mouth, charging ladles, skimming ladles, 
and any other material transfer vessels used will be housed within the 
confines or influence of the hood enclosure during each mode of copper 
converter operation.
    (ii) The back of the hood enclosure shall be fully enclosed and 
sealed against the primary hood. Portions of the side-walls in contact 
with the copper converter shall be sealed against the converter.
    (iii) Openings in the top and front of the hood enclosure to allow 
for the entry and egress of ladles and crane appartus shall be minimized 
to the fullest extent practicable.
    (iv) The hood enclosure shall be fabricated in such a manner and of 
materials of sufficient strength to withstand incidental contact with 
ladles and crane apparatus with no significant damage.
    (v) One side-wall of the hood enclosure shall be equipped with a 
horizontal-slotted plenum along the top, and the opposite side-wall 
shall be equipped with an exhaust hood. The horizontal-slotted plenum 
shall be designed to allow the distance from the base to the top of the 
horizontal slot to be adjustable up to a dimension of 76 mm.
    (vi) The horizontal-slotted plenum shall be connected to a fan. When 
activated, the fan shall push air through the horizontal slot, producing 
a horizontal air curtain above the copper converter that is directed to 
the exhaust hood. The fan power output installed shall be sufficient to 
overcome static pressure losses through the ductwork upstream of the 
horizontal-slotted plenum and across the plenum, and to deliver at least 
22,370 watts (30 air horsepower) at the horizontal-slotted plenum 
discharge.
    (vii) The exhaust hood shall be sized to completely intercept the 
airstream from the horizontal-slotted plenum combined with the 
additional airflow resulting from entrainment of the surrounding air. 
The exhaust hood shall be connected to a fan. When activated, the fan 
shall pull the combined airstream into the exhaust hood.
    (viii) The entire secondary hood system shall be equipped with 
dampers and instrumentation, as appropriate, so that the desired air 
curtain and exhaust flow are maintained during each mode of copper 
converter operation.
    (2) Optimize the capture of secondary inorganic arsenic emissions by 
operating the copper converter and secondary hood system at all times as 
follows:
    (i) Copper converter. (A) Increase the air curtain and exhaust flow 
rates to

[[Page 118]]

their optimum conditions prior to raising the primary hood and rolling 
the copper converter out for charging, skimming, or pouring.
    (B) Once rolled out, prior to the commencement of skimming or 
pouring, hold the copper converter in an idle position until fuming from 
the molten bath has been minimized.
    (C) During skimming, raise the receiving ladle off the ground and 
position the ladle as close to the copper converter mouth as possible to 
minimize the drop distance between the converter mouth and the receiving 
ladle.
    (D) Control the rate of flow into the receiving ladle to the extent 
practicable to minimize fuming.
    (E) Upon the completion of each charge, withdraw the charging ladle 
or vessel used from the confines of the secondary hood in a slow, 
deliberate manner.
    (F) During charging, skimming, or pouring, ensure that the crane 
block does not disturb the air flow between the horizontal-slotted 
plenum and the exhaust hood.
    (ii) Secondary hood system. (A) Operate the secondary hood system 
under conditions that will result in the maximum capture of inorganic 
arsenic emissions.
    (B) Within 30 days after the effective date of this subpart, or 
within 30 days after the initial operation of each secondary hood 
system, whichever comes later, provide to the Administrator a list of 
operating conditions for the secondary hood system that will result in 
the maximum capture of inorganic arsenic emissions. This list shall 
specify the operating parameters for the following:
    (1) The dimensions of the horizontal slot.
    (2) The velocity of air through the horizontal slot during each mode 
of converter operation.
    (3) The distance from the horizontal slot to the exhaust hood.
    (4) The face velocity at the opening of the exhaust hood during each 
mode of converter operation.
    (C) Operate the secondary hood system under the conditions listed in 
paragraph (b)(2)(ii)(B) of this section, unless otherwise specified by 
the Administrator.
    (D) Notify the Administrator in writing within 30 days if there is 
any change in the operating conditions submitted pursuant to the 
requirements of paragraph (b)(2)(ii)(B) that will result in any 
reduction in the maximum capture of inorganic arsenic emissions.
    (3) Comply with the following inspection and maintenance 
requirements after installing the secondary hood system required in 
paragraph (b)(1) of this section:
    (i) At least once every month, visually inspect the components of 
the secondary hood system that are exposed to potential damage from 
crane and ladle operation, including the hood enclosure, side- and back-
wall hood seals, and the horizontal slot.
    (ii) Replace or repair any defective or damaged components of the 
secondary hood system within 30 days after discovering the defective or 
damaged components.
    (c) No owner or operator of a copper converter subject to the 
provisions of this subpart shall cause or allow to be discharged into 
the atmosphere any copper converter secondary emissions that exit from a 
control device and contain particulate matter in excess of 11.6 
milligrams per dry standard cubic meter.
    (d) The owner or operator of a copper converter subject to the 
provisions of this subpart shall submit a description of a plan for 
control of inorganic arsenic emissions from the copper converter and 
associated air pollution control equipment. This plan shall be submitted 
within 90 days after the effective date of this subpart, unless a waiver 
of compliance is granted under Sec. 61.11. If a waiver of compliance is 
granted, the plan shall be submitted on a date set by the Administrator. 
Approval of the plan will be granted by the Administrator provided he 
finds that:
    (1) It includes a systematic procedure for identifying malfunctions 
and for reporting them immediately to smelter supervisory personnel.
    (2) It specifies the procedures that will be followed to ensure that 
equipment or process breakdowns due entirely or in part to poor 
maintenance

[[Page 119]]

or other preventable conditions do not occur.
    (3) It specifies the measures that will be taken to ensure 
compliance with paragraph (b)(2) of this section.
    (e) The owner or operator shall implement the plan required under 
paragraph (d) of this section unless otherwise specified by the 
Administrator.
    (f) At all times, including periods of startup, shutdown, and 
malfunction, the owner or operator of a copper converter subject to the 
provisions of this subpart shall operate and maintain the converter and 
associated air pollution control equipment in a manner consistent with 
good air pollution control practice for minimizing emissions of 
inorganic arsenic to the atmosphere to the maximum extent practicable. 
Determination of whether acceptable operating 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 operating and maintenance procedures, inspection of 
the source, and review of other records.



Sec. 61.173  Compliance provisions.

    (a) The owner or operator of each copper converter to which 
Sec. 61.172(b)--(f) applies shall demonstrate compliance with the 
requirements of Sec. 61.172(b)(1) as follows:
    (1) The owner or operator of each existing copper converter shall 
install a secondary hood system to meet the requirements of 
Sec. 61.172(b)(1) no later than 90 days after the effective date, unless 
a waiver of compliance has been approved by the Administrator in 
accordance with Sec. 61.11.
    (2) The owner or operator of each new copper converter shall install 
a secondary hood system to meet the requirements of Sec. 61.172(b)(1) 
prior to the initial startup of the converter, except that if startup 
occurs prior to the effective date, the owner or operator shall meet the 
requirements of Sec. 61.172(b)(1) on the effective date.



Sec. 61.174  Test methods and procedures.

    (a) To determine compliance with Sec. 61.172(c), the owner or 
operator shall conduct emission tests and reduce the test data in 
accordance with the test methods and procedures contained in this 
section unless the Administrator:
    (1) Specifies or approves, in specific cases, the use of a reference 
method with minor changes in methodology,
    (2) Approves the use of an equivalent method,
    (3) Approves the use of an alternative method, the results of which 
he has determined to be adequate for indicating whether a specific 
source is in compliance, or
    (4) Waives the requirement for emission tests as provided in 
Sec. 61.13.
    (b) The owner or operator shall conduct the emission tests required 
in paragraph (a) of this section:
    (1) After achieving the optimum operating conditions submitted under 
Sec. 60.172(b)(2)(ii)(B) for the equipment required in 
Sec. 61.172(b)(1), but no later than 90 days after the effective date of 
this subpart in the case of an existing copper converter or a copper 
converter that has an initial startup date preceding the effective date, 
or
    (2) After achieving the optimum operating conditions submitted under 
Sec. 60.172(b)(2)(ii)(B) for the equipment required in 
Sec. 61.172(b)(1), but no later than 90 days after startup in the case 
of a new copper converter, initial startup of which occurs after the 
effective date, or
    (3) At such other times as may be required by the Administrator 
under section 114 of the Act.
    (c) The owner or operator shall conduct each emission test under 
representative operating conditions and at sample locations subject to 
the Administrator's approval, and shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of the emission test.
    (d) For the purpose of determining compliance with Sec. 61.172(c), 
the owner or operator shall use reference methods in 40 CFR part 60, 
appendix A, as follows:
    (1) Method 5 for the measurement of particulate matter,
    (2) Method 1 for sample and velocity traverses,
    (3) Method 2 for velocity and volumetric flow rate,
    (4) Method 3 for gas analysis, and
    (5) Method 4 for stack gas moisture.

[[Page 120]]

    (e) For Method 5, the sampling time for each run shall be at least 
60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf) 
except that smaller times or volumes when necessitated by process 
variables or other factors may be approved by the Administrator.
    (f) For the purpose of determining applicability under 
Sec. 61.172(a), the owner or operator shall determine the converter 
arsenic charging rate as follows:
    (1) Collect daily grab samples of copper matte and any lead matte 
charged to the copper converters.
    (2) Each calendar month, from the daily grab samples collected under 
paragraph (f)(1) of this section, put together a composite copper matte 
sample and a composite lead matte sample. Analyze the composite samples 
individually using Method 108A, 108B, or 108C to determine the weight 
percent of inorganic arsenic contained in each sample.
    (3) Calculate the converter arsenic charging rate once per month 
using the following equation:

                                                         n       AcWci+AlWli                                    
                                                 Rc =  <3-ln    --------------                                  
                                                          -                                                     
                                                        i=1         100 Hc                                      
                                                                                                                

Where:
Rc is the converter arsenic charging rate (kg/h).
Ac is the monthly average weight percent of arsenic in the copper 
          matte charged during the month (%) as determined under 
          paragraph (f)(2) of this section.
Al is the monthly average weight percent of arsenic in the lead 
          matte charged during the month (%) as determined under 
          paragraph (f)(2) of this section.
Wci is the total weight of copper matte charged to a copper 
          converter during the month (kg).
Wli is the total weight of lead matte charged to a copper converter 
          during the month (kg).
Hc is the total number of hours the copper converter department was 
          in operation during the month (h).
n is the number of copper converters in operation during the month.

    (4) Determine an annual arsenic charging rate for the copper 
converter department once per month by computing the arithmetic average 
of the 12 monthly converter arsenic charging rate values (Rc) for 
the preceding 12-month period.
    (g) An owner or operator may petition the Administrator for a 
modified sampling and analysis schedule if analyses performed for the 
first 12-month period after the effective date show the source to be 
considerably below the applicability limit prescribed in Sec. 61.172(a).

[51 FR 28029, Aug. 4, 1986, as amended at 55 FR 22027, May 31, 1990]



Sec. 61.175  Monitoring requirements.

    (a) Each owner or operator of a source that is subject to the 
emission limit specified in Sec. 61.172(c) shall install, calibrate, 
maintain, and operate a continuous monitoring system for the measurement 
of the opacity of emissions discharged from the control device according 
to the following procedures:
    (1) Ensure that each system is installed and operational no later 
than 90 days after the effective date of this subpart for a source that 
has an initial startup date preceding the effective date; and no later 
than 90 days after startup for other sources. Verification of the 
operational status shall, as a minimum, consist of an evaluation of the 
monitoring system in accordance with the requirements and procedures 
contained in Performance Specification 1 of appendix B of 40 CFR part 
60.
    (2) Comply with the provisions of Sec. 60.13(d) of 40 CFR part 60.
    (3) Except for system breakdowns, repairs, calibration checks, and 
zero span adjustments, ensure that each continuous monitoring system is 
in continuous operation and meets frequency of operation requirements by 
completing a minimum of one cycle of sampling and analysis for each 
successive 10-second period and one cycle of data recording for each 
successive 6-minute period. Each data point shall represent the opacity 
measured for one cycle of sampling and analysis and shall be expressed 
as percent opacity.
    (b) Except as required in paragraph (c) of this section, calculate 
1-hour opacity averages from 360 or more consecutive data points equally 
spaced over each 1-hour period. Data recorded during periods of 
monitoring system breakdowns, repairs, calibration checks, and zero and 
span adjustments

[[Page 121]]

shall not be included in the data averages computed under this 
paragraph.
    (c) No later than 60 days after each continuous opacity monitoring 
system required in paragraph (a) of this section becomes operational, 
the owner or operator shall establish a reference opacity level for each 
monitored emission stream according to the following procedures:
    (1) Conduct continuous opacity monitoring over a preplanned period 
of not less than 36 hours during which the processes and emission 
control equipment upstream of the monitoring system are operating under 
representative operating conditions subject to the Administrator's 
approval. This period shall include the time during which the emission 
test required by Sec. 61.13 is conducted.
    (2) Calculate 6-minute averages of the opacity readings using 36 or 
more consecutive data points equally spaced over each 6-minute period.
    (3) Calculate 1-hour average opacity values using 10 successive 6-
minute average opacity values (i.e., calculate a new 1-hour average 
opacity value every 6 minutes). Determine the highest 1-hour average 
opacity value observed during the 36-hour preplanned test period.
    (4) Calculate the reference opacity level by adding 5 percent 
opacity to the highest 1-hour average opacity calculated in paragraph 
(c)(3) of this section.
    (d) The owner or operator may redetermine the reference opacity 
level for the copper converter secondary emission stream at the time of 
each emission test that demonstrates compliance with the emission limit 
required in Sec. 61.172(c) according to the provisions of paragraphs 
(c)(1) through (c)(4) of this section.
    (e) With a minimum of 30 days prior notice, the Administrator may 
require the owner or operator to redetermine the reference opacity level 
for any monitored emission stream.
    (f) Each owner or operator who is required to install the equipment 
specified in Sec. 61.172(b)(1) for the capture of secondary copper 
converter emissions shall install, calibrate, maintain, and operate a 
continuous monitoring device on each secondary hood system for the 
measurement of the air flow through the horizontal-slotted plenum and 
through the exhaust hood. Each device shall be installed and operational 
no later than 90 days after the effective date of this subpart for a 
source that has an initial startup preceding the effective date; and no 
later than 90 days after startup for other sources.
    (g) Each owner or operator subject to the requirements in paragraph 
(f) of this section shall establish for each secondary hood system 
reference air flow rates for the horizontal-slotted plenum and exhaust 
hood for each mode of converter operation. The reference flow rates 
shall be established when the equipment is operating under the optimum 
operating conditions required in Sec. 61.172(b)(2)(ii).
    (h) Each owner or operator shall install the continuous monitoring 
systems and monitoring devices required in paragraphs (a) and (f) of 
this section in such a manner that representative measurements of 
emissions and process parameters are obtained.



Sec. 61.176  Recordkeeping requirements.

    (a) Each owner or operator subject to the requirements of 
Sec. 61.172(b)(1) shall maintain at the source for a period of at least 
2 years records of the visual inspections, maintenance, and repairs 
performed on each secondary hood system as required in 
Sec. 61.172(b)(3).
    (b) Each owner or operator subject to the provisions of 
Sec. 61.172(c) shall maintain at the source for a period of at least 2 
years and make available to the Administrator upon request a file of the 
following records:
    (1) All measurements, including continuous monitoring for 
measurement of opacity;
    (2) Records of emission test data and all calculations used to 
produce the required reports of emission estimates to demonstrate 
complaince with Sec. 61.172(c);
    (3) All continuous monitoring system performance evaluations, 
including calibration checks and adjustments;
    (4) The occurrence and duration of all startups, shutdowns, and 
malfunctions of the copper converters;
    (5) All malfunctions of the air pollution control system;

[[Page 122]]

    (6) All periods during which any continuous monitoring system or 
device is inoperative;
    (7) All maintenance and repairs performed on each air pollution 
control system, continuous monitoring system, or monitoring device;
    (8) All records of 1-hour average opacity levels for each separate 
control device; and
    (9) For each secondary hood system:
    (i) The reference flow rates for the horizontal-slotted plenum and 
exhaust hood for each converter operating mode estabilshed under 
Sec. 61.175(g);
    (ii) The actual flow rates; and
    (iii) A daily log of the start time and duration of each converter 
operating mode.
    (c) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source for a period of at least 2 years and make 
available to the Administrator upon request the following records:
    (1) For each copper converter, a daily record of the amount of 
copper matte and lead matte charged to the copper converter and the 
total hours of operation.
    (2) For each copper converter department, a monthly record of the 
weight percent of arsenic contained in the copper matte and lead matte 
as determined under Sec. 61.174(f).
    (3) For each copper converter department, the monthly calculations 
of the average annual arsenic charging rate for the preceding 12-month 
period as determined under Sec. 61.174(f).



Sec. 61.177  Reporting requirements.

    (a) Each owner or operator subject to the provisions of 
Sec. 61.172(c) shall:
    (1) Provide the Administrator 30 days prior notice of the emission 
test required in Sec. 61.174(a) to afford the Administrator the 
opportunity to have an observer present; and
    (2) Submit to the Administrator a written report of the results of 
the emission test required in Sec. 61.174(a) within 60 days after 
conducting the test.
    (b) Each owner or operator subject to the provisions of 
Sec. 61.175(a) shall provide the Administrator at least 30 days prior 
notice of each reference opacity level determination required in 
Sec. 61.175(c) to afford the Administrator the opportunity to have an 
observer present.
    (c) Each owner or opertor subject to the provisions of 
Sec. 61.175(a) shall submit to the Administrator:
    (1) Within 60 days after conducting the evaluation required in 
Sec. 61.175(a)(1), a written report of the continuous monitoring system 
evaluation;
    (2) Within 30 days after establishing the reference opacity level 
required in Sec. 61.175(c), a written report of the reference opacity 
level. The report shall also include the opacity data used and the 
calculations performed to determine the reference opacity level, and 
sufficient documentation to show that process and emission control 
equipment were operating normally during the reference opacity level 
determination; and
    (3) A written report each quarter of each occurrence of excess 
opacity during the quarter. For purposes of this paragraph, an 
occurrence of excess opacity is any 1-hour period during which the 
average opacity, as measured by the continuous monitoring system, 
exceeds the reference opacity level established under Sec. 61.175(c).
    (d) The owner or operator subject to the provisions of 
Sec. 61.175(g) shall submit to the Administrator:
    (1) A written report of the reference air flow rate within 30 days 
after establishing the reference air flow rates required in 
Sec. 61.175(g);
    (2) A written report each quarter of all air flow rates monitored 
during the preceding 3-month period that are less than 80 percent of the 
corresponding reference flow rate established for each converter 
operating mode; and
    (3) A written report each quarter of any changes in the operating 
conditions of the emission capture system, emission control device, or 
the building housing the converters that might increase fugitive 
emissions.
    (e) All quarterly reports shall be postmarked by the 30th day 
following the end of each 3-month period and shall include the following 
information:
    (1) The magnitude of each occurrence of excess opacity, any 
conversion factor(s) used, and the dates and times of commencement and 
completion of each

[[Page 123]]

occurrence of excess opacity, the cause of each exceedance of the 
reference opacity level, and the measures taken to minimize emissions.
    (2) The magnitude of each occurrence of reduced flow rate and the 
date and time of commencement and completion of each occurrence of 
reduced flow rate, the cause of the reduced flow rate, and the 
associated converter operating mode.
    (3) Specific identification of each occurrence of excess opacity or 
reduced flow rate that occurs during startups, shutdowns, and 
malfunctions of the source.
    (4) The date and time identifying each period during which the 
continuous monitoring system or monitoring device was inoperative, 
except for zero and span checks, and the nature of the system repairs or 
adjustments.
    (5) Specific identification of each change in operating conditions 
of the emission capture system or control device, or in the condition of 
the building housing the converters.
    (f) Each owner or operator of a source subject to the provisions of 
this subpart shall submit annually a written report to the Administrator 
that includes the monthly computations of the average annual converter 
arsenic charging rate as calculated under Sec. 61.174(f)(4). The annual 
report shall be postmarked by the 30th day following the end of each 
calendar year.



 Subpart P--National Emission Standard for Inorganic Arsenic Emissions 
    From Arsenic Trioxide and Metallic Arsenic Production Facilities

    Source: 51 FR 28033, Aug. 4, 1986, unless otherwise noted.



Sec. 61.180  Applicability and designation of sources.

    The provisions of this subpart are applicable to each metallic 
arsenic production plant and to each arsenic trioxide plant that 
processes low-grade arsenic bearing materials by a roasting condensation 
process.



Sec. 61.181  Definitions.

    All terms used in this subpart shall have the meanings given them in 
the Act, in subpart A of part 61, and in this section as follows:
    Arsenic kitchen means a baffled brick chamber where inorganic 
arsenic vapors are cooled, condensed, and removed in a solid form.
    Control device means the air pollution control equipment used to 
collect particulate matter emissions.
    Curtail means to cease operations to the extent technically feasible 
to reduce emissions.
    Inorganic arsenic means the oxides and other noncarbon compounds of 
the element arsenic included in particulate matter, vapors, and 
aerosols.
    Malfunction means any sudden failure of air pollution control 
equipment or process equipment or of a process to operate in a normal or 
usual manner so that emissions of inorganic arsenic are increased.
    Opacity means the degree to which emissions reduce the transmission 
of light.
    Primary emission control system means the hoods, enclosures, ducts, 
and control devices used to capture, convey, and remove particulate 
matter from exhaust gases which are captured directly at the source of 
generation.
    Process emissions means inorganic arsenic emissions that are 
captured and collected in a primary emission control system.
    Roasting means the use of a furnace to heat arsenic plant feed 
material for the purpose of eliminating a significant portion of the 
volatile materials contained in the feed.
    Secondary emissions means inorganic arsenic emissions that escape 
capture by a primary emission control system.
    Shutdown means the cessation of operation of a stationary source for 
any purpose.

[51 FR 28033, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986]



Sec. 61.182  Standard for new and existing sources.

    (a) Within 30 days after the effective date of this subpart, the 
owner or operator of each source to which this subpart applies shall 
identify and submit to the Administrator a list of potential sources 
(equipment and operations) of inorganic arsenic emissions.

[[Page 124]]

    (b) The owner or operator shall submit a description of an 
inspection, maintenance, and housekeeping plan for control of inorganic 
arsenic emissions from the potential sources identified under paragraph 
(a) of this section. This plan shall be submitted within 90 days after 
the effective date of this subpart, unless a waiver of compliance is 
granted under Sec. 61.11. If a waiver of compliance is granted, the plan 
shall be submitted on a date set by the Administrator. Approval of the 
plan will be granted by the Administrator provided he finds that:
    (1) It achieves the following objectives in a manner that does not 
cause adverse impacts in other environmental media:
    (i) Clean-up and proper disposal, wet-down, or chemical 
stabilization to the extent practicable (considering access and safety) 
of any dry, dusty material having an inorganic arsenic content greater 
than 2 percent that accumulates on any surface within the plant 
boundaries outside of a dust-tight enclosure.
    (ii) Immediate clean-up and proper disposal, wet-down, or chemical 
stabilization of spills of all dry, dusty material having an inorganic 
arsenic content greater than 2 percent.
    (iii) Minimization of emissions of inorganic arsenic to the 
atmosphere during removal of inorganic arsenic from the arsenic kitchen 
and from flue pulling operations by properly handling, wetting down, or 
chemically stabilizing all dusts and materials handled in these 
operations.
    (2) It includes an inspection program that requires all process, 
conveying, and air pollution control equipment to be inspected at least 
once per shift to ensure that the equipment is being properly operated 
and maintained. The program will specify the evaluation criteria and 
will use a standardized checklist, which will be included as part of the 
plan required in paragraph (b) of this section, to document the 
inspection, maintenance, and housekeeping status of the equipment and 
that the objectives of paragraph (b)(1) of this section are being 
achieved.
    (3) It includes a systematic procedure for identifying malfunctions 
and for reporting them immediately to supervisory personnel.
    (4) It specifies the procedures that will be followed to ensure that 
equipment or process malfunctions due entirely or in part to poor 
maintenance or other preventable conditions do not occur.
    (5) It includes a program for curtailing all operations necessary to 
minimize any increase in emissions of inorganic arsenic to the 
atmosphere resulting from a malfunction. The program will describe:
    (i) The specific steps that will be taken to curtail each operation 
as soon as technically feasible after the malfunction is discovered.
    (ii) The minimum time required to curtail each operation.
    (iii) The procedures that will be used to ensure that the 
curtailment continues until after the malfunction is corrected.
    (c) The owner or operator shall implement the plan required in 
paragraph (b) of this section until otherwise specified by the 
Administrator.
    (d) At all times, including periods of startup, shutdown, and 
malfunction, the owner or operator of each source to which this subpart 
applies shall operate and maintain the source including associated air 
pollution control equipment in a manner consistent with good air 
pollution control practice for minimizing emissions of inorganic arsenic 
to the atmosphere to the maximum extent practicable. Determination of 
whether acceptable operating 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 operating 
and maintenance procedures, inspection of the source, and review of 
other records.



Sec. 61.183  Emission monitoring.

    (a) The owner or operator of each source subject to the provisions 
of this subpart shall install, calibrate, maintain, and operate a 
continuous monitoring system for the measurement of the opacity of each 
arsenic trioxide and metallic arsenic process emission stream that exits 
from a control device.

[[Page 125]]

    (b) The owner or operator shall install, operate, and maintain each 
continuous monitoring system for the measurement of opacity required in 
paragraph (a) of this section according to the following procedures:
    (1) Ensure that each system is installed and operational no later 
than 90 days after the effective date of this subpart for an existing 
source or a new source that has an initial startup date preceding the 
effective date. For a new source whose initial startup occurs after the 
effective date of this subpart, ensure that the system is installed and 
operational no later than 90 days after startup. Verification of the 
operational status shall, as a minimum, consist of an evaluation of the 
monitoring system in accordance with the requirements and procedures 
contained in Performance Specification 1 of appendix B of 40 CFR part 
60.
    (2) Comply with the provisions of Sec. 60.13(d) of 40 CFR part 60.
    (3) Except for system breakdowns, repairs, calibration checks, and 
zero and span adjustments required under Sec. 60.13(d), ensure that each 
continuous monitoring system is in continuous operation and meets 
frequency of operation requirements by completing a minimum of one cycle 
of sampling and analysis for each successive 10-second period and one 
cycle of data recording for each successive 6-minute period. Each data 
point shall represent the opacity measured for one cycle of sampling and 
analysis and shall be expressed as percent opacity.
    (c) The owner or operator shall calculate 6-minute opacity averages 
from 36 or more consecutive data points equally spaced over each 6-
minute period. Data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero and span adjustments 
shall not be included in the data averages computed under this 
paragraph.
    (d) No later than 60 days after each continuous opacity monitoring 
system required in paragraph (a) of this section becomes operational, 
the owner or operator shall establish a reference opacity level for each 
monitored emission stream according to the following procedures:
    (1) Conduct continuous opacity monitoring over a preplanned period 
of not less than 36 hours during which the processes and emission 
control equipment upstream of the monitoring system are operating in a 
manner that will minimize opacity under representative operating 
conditions subject to the Administrator's approval.
    (2) Calculate 6-minute averages of the opacity readings using 36 or 
more consecutive data points equally spaced over each 6-minute period.
    (3) Establish the reference opacity level by determining the highest 
6-minute average opacity calculated under paragraph (d)(2) of this 
section.
    (e) With a minimum of 30 days prior notice, the Administrator may 
require an owner or operator to redetermine the reference opacity level 
for any monitored emission stream.
    (f) Each owner or operator shall install all continuous monitoring 
systems or monitoring devices required in paragraph (a) of this section 
in such a manner that representative measurements of emissions or 
process parameters are obtained.



Sec. 61.184  Ambient air monitoring for inorganic arsenic.

    (a) The owner or operator of each source to which this subpart 
applies shall operate a continuous monitoring system for the measurement 
of inorganic arsenic concentrations in the ambient air.
    (b) The ambient air monitors shall be located at sites to detect 
maximum concentrations of inorganic arsenic in the ambient air in 
accordance with a plan approved by the Administrator that shall include 
the sampling and analytical method used.
    (c) The owner or operator shall submit a written plan describing, 
and explaining the basis for, the design and adequacy of the monitoring 
network, sampling and analytical procedures, and quality assurance 
within 45 days after the effective date of this subpart.
    (d) Each monitor shall be operated continuously except for a 
reasonable time allowance for instrument maintenance and calibration, 
for changing filters, or for replacement of equipment needing major 
repair.

[[Page 126]]

    (e) Filters shall be changed daily and shall be analyzed and 
concentrations calculated within 30 days after filters are collected.
    (f) The Administrator at any time may require changes in, or 
expansion of, the sampling program, including sampling and analytical 
protocols and network design.



Sec. 61.185  Recordkeeping requirements.

    (a) Each owner or operator of a source subject to the provisions of 
this subpart shall maintain at the source for a period of at least 2 
years the following records: All measurements, including continuous 
monitoring for measurement of opacity; all continuous monitoring system 
performance evaluations, including calibration checks and adjustments; 
all periods during which the continuous monitoring system or monitoring 
device is inoperative; and all maintenance and repairs made to the 
continuous monitoring system or monitoring device.
    (b) Each owner or operator shall maintain at the source for a period 
of at least 2 years a log for each plant department in which the 
operating status of process, conveying, and emission control equipment 
is described for each shift. For malfunctions and upsets, the following 
information shall be recorded in the log:
    (1) The time of discovery.
    (2) A description of the malfunction or upset.
    (3) The time corrective action was initiated.
    (4) A description of corrective action taken.
    (5) The time corrective action was completed.
    (6) A description of steps taken to reduce emissions of inorganic 
arsenic to the atmosphere between the time of discovery and the time 
corrective action was taken.
    (c) Each owner or operator subject to the provisions of this subpart 
shall maintain for a period of a least 2 years records of 6-minute 
average opacity levels for each separate control device.
    (d) Each owner or operator subject to the provisions of Sec. 61.186 
shall maintain for a period of at least 2 years records of ambient 
inorganic arsenic concentrations at all sampling sites and other data 
needed to determine such concentrations.



Sec. 61.186  Reporting requirements.

    (a) Each owner or operator subject to the provisions of 
Sec. 61.183(a) shall provide the Administrator at least 30 days prior 
notice of each reference opacity level determination required in 
Sec. 61.183(a) to afford the Administrator the opportunity to have an 
observer present.
    (b) Each owner or operator subject to the provisions of 
Sec. 61.183(a) shall submit to the Administrator:
    (1) Within 60 days of conducting the evaluation required in 
Sec. 61.183(b)(1), a written report of the continuous monitoring system 
evaluation;
    (2) Within 30 days of establishing the reference opacity level 
required in Sec. 61.183(d), a written report of the reference opacity 
level. The report shall also include the opacity data used and the 
calculations performed to determine the reference opacity level, and 
sufficient documentation to show that process and emission control 
equipment were operating normally during the reference opacity level 
determination; and
    (3) A written report each quarter of each occurrence of excess 
opacity during the quarter. For the purposes of this paragraph, an 
occurrence of excess opacity is any 6-minute period during which the 
average opacity, as measured by the continuous monitoring system, 
exceeds the reference opacity level established under Sec. 61.183(d).
    (c) All quarterly reports of excess opacity shall be postmarked by 
the 30th day following the end of each quarter and shall include the 
following information:
    (1) The magnitude of excess opacity, any conversion factor(s) used, 
and the dates and times of commencement and completion of each 
occurrence of excess opacity, the cause of each exceedance of the 
reference opacity level, and the measures taken to minimize emissions.
    (2) Specific identification of each period of excess opacity that 
occurred during startups, shutdowns, and malfunctions of the source.

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    (3) The date and time identifying each period during which the 
continuous monitoring system or monitoring device was inoperative, 
except for zero and span checks, and the nature of the system repairs or 
adjustments.
    (d) Each owner or operator subject to this subpart shall submit a 
written report semiannually to the Administrator that describes the 
status and results, for the reporting period, of any pilot plant studies 
on alternative arsenic trioxide production processes. Conclusions and 
recommendations of the studies shall also be reported.
    (e) All semiannual progress reports required in paragraph (d) of 
this section shall be postmarked by the 30th day following the end of 
each 6-month period.
    (f) Each owner or operator of a source to which this subpart applies 
shall submit a written report each quarter to the Administrator that 
includes the following information:
    (1) All ambient inorganic arsenic concentrations measured at all 
monitoring sites in accordance with Sec. 61.184.
    (2) A description of any modifications to the sampling network, 
during the reporting period, including any major maintenance, site 
changes, calibrations, and quality assurance information including 
sampling and analytical precision and accuracy estimates.
    (g) All quarterly reports required in paragraph (f) of this section 
shall be postmarked by the 30th day following the end of each quarter.



    Subpart Q--National Emission Standards for Radon Emissions From 
                     Department of Energy Facilities

    Source: 54 FR 51701, Dec. 15, 1989, unless otherwise noted.



Sec. 61.190  Designation of facilities.

    The provisions of this subpart apply to the design and operation of 
all storage and disposal facilities for radium-containing material 
(i.e., byproduct material as defined under section 11.e(2) of the Atomic 
Energy Act of 1954 (as amended)) that are owned or operated by the 
Department of Energy that emit radon-222 into air, including these 
facilities: The Feed Materials Production Center, Fernald, Ohio; the 
Niagara Falls Storage Site, Lewiston, New York; the Weldon Spring Site, 
Weldon Spring, Missouri; the Middlesex Sampling Plant, Middlesex, New 
Jersey; the Monticello Uranium Mill Tailings Pile, Monticello, Utah. 
This subpart does not apply to facilities listed in, or designated by 
the Secretary of Energy under title I of the Uranium Mill Tailings 
Control Act of 1978.



Sec. 61.191  Definitions.

    As used in this subpart, all terms not defined here have the meaning 
given them in the Clean Air Act or subpart A of part 61. The following 
terms shall have the following specific meanings:
    (a) Facility means all buildings, structures and operations on one 
contiguous site.
    (b) Source means any building, structure, pile, impoundment or area 
used for interim storage or disposal that is or contains waste material 
containing radium in sufficient concentration to emit radon-222 in 
excess of this standard prior to remedial action.



Sec. 61.192  Standard.

    No source at a Department of Energy facility shall emit more than 20 
pCi/- m\2\-s of radon-222 as an average for the entire source, into the 
air. This requirement will be part of any Federal Facilities Agreement 
reached between Environmental Protection Agency and Department of 
Energy.



Sec. 61.193  Exemption from the reporting and testing requirements of 40 CFR 61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



    Subpart R--National Emission Standards for Radon Emissions From 
                          Phosphogypsum Stacks

    Source: 57 FR 23317, June 3, 1992, unless otherwise noted.



Sec. 61.200  Designation of facilities.

    The provisions of this subpart apply to each owner or operator of a 
phosphogypsum stack, and to each person who

[[Page 128]]

owns, sells, distributes, or otherwise uses any quantity of 
phosphogypsum which is produced as a result of wet acid phosphorus 
production or is removed from any existing phosphogypsum stack.



Sec. 61.201  Definitions.

    As used in this subpart, all terms not defined here have the meaning 
given them in the Clean Air Act or subpart A of part 61. The following 
terms shall have the following specific meanings:
    (a) Inactive stack means a stack to which no further routine 
additions of phosphogypsum will be made and which is no longer used for 
water management associated with the production of phosphogypsum. If a 
stack has not been used for either purpose for two years, it is presumed 
to be inactive.
    (b) Phosphogypsum is the solid waste byproduct which results from 
the process of wet acid phosphorus production.
    (c) Phosphogypsum stacks or stacks are piles of waste resulting from 
wet acid phosphorus production, including phosphate mines or other sites 
that are used for the disposal of phosphogypsum.



Sec. 61.202  Standard.

    Each person who generates phosphogypsum shall place all 
phosphogypsum in stacks. Phosphogypsum may be removed from a 
phosphogypsum stack only as expressly provided by this subpart. After a 
phosphogypsum stack has become an inactive stack, the owner or operator 
shall assure that the stack does not emit more than 20 pCi/m2-s of 
radon-222 into the air.



Sec. 61.203  Radon monitoring and compliance procedures.

    (a) Within sixty days following the date on which a stack becomes an 
inactive stack, or within ninety days after the date on which this 
subpart first took effect if a stack was already inactive on that date, 
each owner or operator of an inactive phosphogypsum stack shall test the 
stack for radon-222 flux in accordance with the procedures described in 
40 CFR part 61, appendix B, Method 115. EPA shall be notified at least 
30 days prior to each such emissions test so that EPA may, at its 
option, observe the test. If meteorological conditions are such that a 
test cannot be properly conducted, then the owner or operator shall 
notify EPA and test as soon as conditions permit.
    (b)(1) Within ninety days after the testing is required, the owner 
or operator shall provide EPA with a report detailing the actions taken 
and the results of the radon-222 flux testing. Each report shall also 
include the following information:
    (i) The name and location of the facility;
    (ii) A list of the stacks at the facility including the size and 
dimensions of each stack;
    (iii) The name of the person responsible for the operation of the 
facility and the name of the person preparing the report (if different);
    (iv) A description of the control measures taken to decrease the 
radon flux from the source and any actions taken to insure the long term 
effectiveness of the control measures; and
    (v) The results of the testing conducted, including the results of 
each measurement.
    (2) Each report shall be signed and dated by a corporate officer in 
charge of the facility and contain the following declaration immediately 
above the signature line: ``I certify under penalty of law that I have 
personally examined and am familiar with the information submitted 
herein and based on may inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment. See, 18 U.S.C. 1001.''
    (c) If the owner or operator of an inactive stack chooses to conduct 
measurements over a one year period as permitted by Method 115 in 
appendix B to part 61, within ninety days after the testing commences 
the owner or operator shall provide EPA with an initial report, 
including the results of the first measurement period and a schedule for 
all subsequent measurements. An additional report containing all the 
information in Sec. 61.203(b) shall be submitted within ninety days 
after completion of the final measurements.

[[Page 129]]

    (d) If at any point an owner or operator of a stack once again uses 
an inactive stack for the disposal of phosphogypsum or for water 
management, the stack ceases to be in inactive status and the owner or 
operator must notify EPA in writing within 45 days. When the owner or 
operator ceases to use the stack for disposal of phosphogypsum or water 
management, the stack will once again become inactive and the owner or 
operator must satisfy again all testing and reporting requirements for 
inactive stacks.
    (e) If an owner or operator removes phosphogypsum from an inactive 
stack, the owner shall test the stack in accordance with the procedures 
described in 40 CFR part 61, appendix B, Method 115. The stack shall be 
tested within ninety days of the date that the owner or operator first 
removes phosphogypsum from the stack, and the test shall be repeated at 
least once during each calendar year that the owner or operator removes 
additional phosphogypsum from the stack. EPA shall be notified at least 
30 days prior to an emissions test so that EPA may, at its option, 
observe the test. If meteorological conditions are such that a test 
cannot be properly conducted, then the owner shall notify EPA and test 
as soon as conditions permit. Within ninety days after completion of a 
test, the owner or operator shall provide EPA with a report detailing 
the actions taken and the results of the radon-222 flux testing. Each 
such report shall include all of the information specified by 
Sec. 61.203(b).



Sec. 61.204  Distribution and use of phosphogypsum for agricultural purposes.

    Phosphogypsum may be lawfully removed from a stack and distributed 
in commerce for use in agriculture if each of the following requirements 
is satisfied:
    (a) The owner or operator of the stack from which the phosphogypsum 
is removed shall determine annually the average radium-226 concentration 
at the location in the stack from which the phosphogypsum will be 
removed, as provided by Sec. 61.207.
    (b) The average radium-226 concentration at the location in the 
stack from which the phosphogypsum will be removed, as determined 
pursuant to Sec. 61.207, shall not exceed 10 picocuries per gram (pCi/
g).
    (c) All phosphogypsum distributed in commerce for use in agriculture 
by the owner or operator of a phosphogypsum stack shall be accompanied 
by a certification document which conforms to the requirements of 
Sec. 61.208(a).
    (d) Each distributor, retailer, or reseller who distributes 
phosphogypsum for use in agriculture shall prepare certification 
documents which conform to the requirements of Sec. 61.208(b).



Sec. 61.205  Distribution and use of phosphogypsum for research and development.

    (a) Phosphogypsum may be lawfully removed from a stack and 
distributed in commerce for use in research and development activities 
if each of the following requirements is satisfied:
    (1) The owner or operator of the stack from which the phosphogypsum 
is removed shall determine annually the average radium-226 concentration 
at the location in the stack from which the phosphogypsum will be 
removed, as provided by Sec. 61.207.
    (2) All phosphogypsum distributed in commerce for use in research or 
development by the owner or operator of a phosphogypsum stack or by a 
distributor, retailer, or reseller shall be accompanied at all times by 
certification documents which conform to the requirements of 
Sec. 61.208.
    (b) Phosphogypsum may be purchased and used for research and 
development purposes if the following requirements are satisfied:
    (1) Each quantity of phosphogypsum purchased by a facility for a 
particular research and development activity shall be accompanied by 
certification documents which conform to the requirements of 
Sec. 61.208.
    (2) No facility shall purchase or possess more than 700 pounds of 
phosphogypsum for a particular research and development activity.
    (3) Containers of phosphogypsum used in research and development 
activities shall be labeled with the following warning:
Caution: Phosphogypsum Contains Elevated Levels of Naturally Occuring 
          Radioactivity

[[Page 130]]

    (4) For each research and development activity in which 
phosphogypsum is used, the facility shall maintain records which conform 
to the requirements of Sec. 61.209(c).
    (c) Phosphogypsum not intended for distribution in commerce may be 
lawfully removed from a stack by an owner or operator to perform 
laboratory analyses required by this subpart or any other quality 
control or quality assurance analyses associated with wet acid 
phosphorus production.



Sec. 61.206  Distribution and use of phosphogypsum for other purposes.

    (a) Phosphogypsum may not be lawfully removed from a stack and 
distributed or used for any purpose not expressly specified in 
Sec. 61.204 or Sec. 61.205 without prior EPA approval.
    (b) A request that EPA approve distribution and/or use of 
phosphogypsum for any other purpose must be submitted in writing and 
must contain the following information:
    (1) The name and address of the person(s) making the request.
    (2) A description of the proposed use, including any handling and 
processing that the phosphogypsum will undergo.
    (3) The location of each facility, including suite and/or building 
number, street, city, county, state, and zip code, where any use, 
handling, or processing of the phosphogypsum will take place.
    (4) The mailing address of each facility where any use, handling, or 
processing of the phosphogypsum will take place, if different from 
paragraph (b)(3) of this section.
    (5) The quantity of phosphogypsum to be used by each facility.
    (6) The average concentration of radium-226 in the phosphogypsum to 
be used.
    (7) A description of any measures which will be taken to prevent the 
uncontrolled release of phosphogypsum into the environment.
    (8) An estimate of the maximum individual risk, risk distribution, 
and incidence associated with the proposed use, including the ultimate 
disposition of the phosphogypsum or any product in which the 
phosphogypsum is incorporated.
    (9) A description of the intended disposition of any unused 
phosphogypsum.
    (10) Each request shall be signed and dated by a corporate officer 
or public official in charge of the facility.
    (c) The Assistant Administrator for Air and Radiation may decide to 
grant a request that EPA approve distribution and/or use of 
phosphogypsum if he determines that the proposed distribution and/or use 
is at lease as protective of public health, in both the short term and 
the long term, as disposal of phosphogypsum in a stack or a mine.
    (d) If the Assistant Administrator for Air and Radiation decides to 
grant a request that EPA approve distribution and/or use of 
phosphogypsum for a specified purpose, each of the following 
requirements shall be satisfied:
    (1) The owner or operator of the stack from which the phosphogypsum 
is removed shall determine annually the average radium-226 concentration 
at the location in the stack from which the phosphogypsum will be 
removed, as provided by Sec. 61.207.
    (2) All phosphogypsum distributed in commerce by the owner or 
operator of a phosphogypsum stack, or by a distributor, retailer, or 
reseller, or purchased by the end-user, shall be accompanied at all 
times by certification documents which conform to the requirements 
Sec. 61.208.
    (3) The end-user of the phosphogypsum shall maintain records which 
conform to the requirements of Sec. 61.209(c).
    (e) If the Assistant Administrator for Air and Radiation decides to 
grant a request that EPA approve distribution and/or use of 
phosphogypsum for a specified purpose, the Assistant Administrator may 
decide to impose additional terms or conditions governing such 
distribution or use. In appropriate circumstances, the Assistant 
Administrator may also decide to waive or modify the recordkeeping 
requirements established by Sec. 61.209(c).



Sec. 61.207  Radium-226 sampling and measurement procedures.

    (a) Before removing phosphogypsum from a stack for distribution to 
commerce pursuant to Sec. 61.204, Sec. 61.205, or Sec. 61.206, the owner 
or operator of a phosphogypsum stack shall measure the average radium-
226 concentration

[[Page 131]]

at the location in the stack from which phosphogypsum will be removed. 
Measurements shall be performed for each such location prior to the 
intitial distribution in commerce of phosphogypsum removed from that 
location and at least once during each calendar year while distribution 
of phosphogypsum removed from the location continues.
    (b) The radium-226 concentration shall be determined in accordance 
with the analytical procedures described in 40 CFR part 61, appendix B, 
Method 114.
    (c) Phosphogysum samples shall be taken at regularly spaced 
intervals across the surface of the location in the phosphogypsum stack 
from which phosphogypsum will be removed.
    (d) The minimum number of samples considered necessary to determine 
a representative average radium-226 concentration for the location on 
the stack to be analyzed shall be calculated as follows:
    (1) Obtain the measured mean and standard deviation of 30 regularly 
spaced phosphogypsum samples.
    (2) Solve the following equation for the number of samples required 
to achieve a 95% confidence interval:

                                                                        
              (n)s                                             
e ---------------                                            
                    xn                                                  
                                                                        

where:

 is the students- distribution,
s = measured standard deviation of the radium-226 concentration,
x = measured mean of the radium-226 concentration,
e = allowable error (expressed as a fraction), and
n = number of samples.

See Reference 1 of Method 115 in appendix B to part 61 for a detailed 
discussion of this statistical technique.
    (3) If the number of samples required is greater than 30, then 
obtain and analyze the necessary number of additional samples and 
recalculate the average radium-226 concentration using the combination 
of the results of the original 30 samples and additional samples. The 
additional samples shall also be regularly spaced across the surface of 
the location in the phosphogypsum stack from which phosphogypsum will be 
removed.



Sec. 61.208  Certification requirements.

    (a)(1) The owner or operator of a stack from which phosphogypsum 
will be removed and distributed in commerce pursuant to Sec. 61.204, 
Sec. 61.205, or Sec. 61.206 shall prepare a certification document for 
each quantity of phosphogypsum which is distributed in commerce which 
includes:
    (i) The name and address of the owner or operator;
    (ii) The name and address of the purchaser or recipient of the 
phosphogypsum;
    (iii) The quantity (in pounds) of phosphogypsum sold or transferred;
    (iv) The date of sale or transfer;
    (v) A description of the intended end-use for the phosphogypsum;
    (vi) The average radium-226 concentration, in pCi/g, of the 
phosphogypsum, as determined pursuant to Sec. 61.207; and
    (vii) The signature of the person who prepared the certification.
    (2) The owner or operator shall retain the certification document 
for five years from the date of sale or transfer, and shall produce the 
document for inspection upon request by the Administrator, or his 
authorized representative. The owner or operator shall also provide a 
copy of the certification document to the purchaser or recipient.
    (b)(1) Each distributor, retailer, or reseller who purchases or 
receives phosphogypsum for subsequent resale or transfer shall prepare a 
certification document for each quantity of phosphogypsum which is 
resold or transferred which includes:
    (i) The name and address of the distributor, retailer, or reseller;
    (ii) The name and address of the purchaser or recipient of the 
phosphogypsum;
    (iii) The quantity (in pounds) of phosphogypsum resold or 
transferred;
    (iv) The date of resale or transfer;
    (v) A description of the intended end-use for the phosphogypsum;
    (vi) A copy of each certification document which accompanied the 
phosphogypsum at the time it was purchased or received by the 
distributor, retailer, or reseller; and
    (vii) The signature of the person who prepared the certification.

[[Page 132]]

    (2) The distributor, retailer, or reseller shall retain the 
certification document for five years from the date of resale or 
transfer, and shall produce the document for inspection upon request by 
the Administrator, or his authorized representative. For every resale or 
transfer of phosphogypsum to a person other than an agricultural end-
user, the distributor, retailer, or reseller shall also provide a copy 
of the certification document to the purchaser or transferee.



Sec. 61.209  Required records.

    (a) Each owner or operator of a phosphogypsum stack must maintain 
records for each stack documenting the procedure used to verify 
compliance with the flux standard in Sec. 61.202, including all 
measurements, calculations, and analytical methods on which input 
parameters were based. The required documentation shall be sufficient to 
allow an independent auditor to verify the correctness of the 
determination made concerning compliance of the stack with flux 
standard.
    (b) Each owner or operator of a phosphogypsum stack must maintain 
records documenting the procedure used to determine average radium-226 
concentration pursuant to Sec. 61.207, including all measurements, 
calculations, and analytical methods on which input parameters were 
based. The required documentation shall be sufficient to allow an 
independent auditor to verify the accuracy of the radium-226 
concentration.
    (c) Each facility which uses phosphogypsum pursuant to Sec. 61.205 
or Sec. 61.206 shall prepare records which include the following 
information:
    (1) The name and address of the person in charge of the activity 
involving use of phosphogypsum.
    (2) A description of each use of phosphogypsum, including the 
handling and processing that the phosphogypsum underwent.
    (3) The location of each site where each use of phosphogypsum 
occurred, including the suite and/or building number, street, city, 
county, state, and zip code.
    (4) The mailing address of each facility using phosphogypsum, if 
different from paragraph (c)(3) of this section.
    (5) The date of each use of phosphogypsum.
    (6) The quantity of phosphogypsum used.
    (7) The certified average concentration of radium-226 for the 
phosphogypsum which was used.
    (8) A description of all measures taken to prevent the uncontrolled 
release of phosphogypsum into the environment.
    (9) A description of the disposition of any unused phosphogypsum.
    (d) These records shall be retained by the facility for at least 
five years from the date of use of the phosphogypsum and shall be 
produced for inspection upon request by the Administrator, or his 
authorized representative.



Sec. 61.210  Exemption from the reporting and testing requirements of 40 CFR 61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



                          Subpart S--[Reserved]



  Subpart T--National Emission Standards for Radon Emissions From the 
                    Disposal of Uranium Mill Tailings

    Source: 54 FR 51702, Dec. 15, 1989, unless otherwise noted.



Sec. 61.220  Designation of facilities.

    (a) The provisions of this subpart apply to owners and operators of 
all sites that are used for the disposal of tailings, and that managed 
residual radioactive material during and following the processing of 
uranium ores, commonly referred to as uranium mills and their associated 
tailings, that are listed in, or designated by the Secretary of Energy 
under title I of the Uranium Mill Tailings Radiation Control Act of 
1978, except Sec. 61.226 of this subpart which applies to owners and 
operators of all sites that are regulated under title II of the Uranium 
Mill Tailings Radiation Control Act of 1978.
    (b) [Reserved]

[59 FR 36301, July 15, 1994]

[[Page 133]]



Sec. 61.221  Definitions.

    As used in this subpart, all terms not defined here have the 
meanings given them in the Clean Air Act or subpart A of part 61. The 
following terms shall have the following specific meanings:
    (a) Long term stabilization means the addition of material on a 
uranium mill tailings pile for the purpose of ensuring compliance with 
the requirements of 40 CFR 192.02(a). These actions shall be considered 
complete when the Nuclear Regulatory Commission determines that the 
requirements of 40 CFR 192.02(a) have been met.
    (b) Operational means a uranium mill tailings pile that is licensed 
to accept additional tailings, and those tailings can be added without 
violating subpart W or any other Federal, state or local rule or law. A 
pile cannot be considered operational if it is filled to capacity or the 
mill it accepts tailings from has been dismantled or otherwise 
decommissioned.
    (c) Residual radioactive materials shall have the same meaning as in 
section 101(7) of the Uranium Mill Tailings Radiation Control Act of 
1978, 42 U.S.C. 7911(7).
    (d) Tailings shall have the same meaning as in section 101(8) of the 
Uranium Mill Tailings Radiation Control Act of 1978, 42 U.S.C. 7911(8).
    (e) In significant part means in a manner that is not reasonably 
expected to materially (i.e., more than de minimis) interfere with 
compliance with the 20 pCi/m\2\-s flux standard as expeditiously as 
practicable considering technological feasibility (including factors 
beyond the control of the licensee).

[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36301, July 15, 1994]



Sec. 61.222  Standard.

    (a) Radon-222 emissions to the ambient air from uranium mill 
tailings pile that are no longer operational shall not exceed 20 pCi/
m\2\-s of radon-222.
    (b) Once a uranium mill tailings pile or impoundment ceases to be 
operational it must be disposed of and brought into compliance with this 
standard within two years of the effective date of the standard. If it 
is not physically possible for an owner or operator to complete disposal 
within that time, EPA shall, after consultation with the owner or 
operator, establish a compliance agreement which will assure that 
disposal will be completed as quickly as possible.

[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36301, July 15, 1994]



Sec. 61.223  Compliance procedures.

    (a) Sixty days following the completion of covering the pile to 
limit radon emissions but prior to the long term stabilization of the 
pile, the owners or operators of uranium mill tailings shall conduct 
testing for all piles within the facility in accordance with the 
procedures described in 40 CFR part 61, appendix B, Method 115, or other 
procedures for which EPA has granted prior approval.
    (b) Ninety days after the testing is required, each facility shall 
provide EPA with a report detailing the actions taken and the results of 
the radon-222 flux testing. EPA shall be notified at least 30 days prior 
to an emission test so that EPA may, at its option, observe the test. If 
meteorological conditions are such that a test cannot be properly 
conducted, then the owner or operator shall notify EPA and test as soon 
as conditions permit. Each report shall also include the following 
information:
    (1) The name and location of the facility.
    (2) A list of the piles at the facility.
    (3) A description of the control measures taken to decrease the 
radon flux from the source and any actions taken to insure the long term 
effectiveness of the control measures.
    (4) The results of the testing conducted, including the results of 
each measurement.
    (5) Each report shall be signed and dated by a public official in 
charge of the facility and contain the following declaration immediately 
above the signature line:

    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted herein and based on my 
inquiry of those individuals immediately responsible for obtaining the 
information. I believe that the submitted information is true, accurate 
and complete. I am aware that there are significant penalties for 
submitting false information including the

[[Page 134]]

possibility of fine and imprisonment. See 18 U.S.C. 1001.

    (c) If year long measurements are made in accordance with Method 115 
of appendix B of part 61, this report shall include the results of the 
first measurement period and provide a schedule for the measurement 
frequency to be used. An additional report shall be submitted ninety 
days after completion of the final measurements.
    (d) If long term stabilization has begun before the effective date 
of the rule then testing may be conducted at any time, up to 60 days 
after the long term stabilization is completed.
    (e) If the testing demonstrates that the pile meets the requirement 
of Sec. 61.222(a) and long term stabilization has been completed then 
the pile is considered disposed for purposes of this rule.

[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36302, July 15, 1994]



Sec. 61.224  Recordkeeping requirements.

    The owner or operator must maintain records documenting the source 
of input parameters including the results of all measurements upon which 
they are based, the calculations and/or analytical methods used to 
derive values for input parameters, and the procedure used to determine 
compliance. This documentation should be sufficient to allow an 
independent auditor to verify the accuracy of the determination made 
concerning the facility's compliance with the standard. The 
Administrator shall be kept apprised of the location of these records 
and the records must be kept for at least five years and upon request be 
made available for inspection by the Administrator, or his authorized 
representative.



Sec. 61.225  Exemption from the reporting and testing requirements of 40 CFR 61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



Sec. 61.226  Reconsideration of rescission and reinstatement of this subpart.

    (a) Reinstatement of this subpart upon completion of reconsideration 
of rescission. (1) The Administrator shall reinstate 40 CFR part 61, 
subpart T as applied to owners and operators of non-operational uranium 
mill tailings disposal sites that are licensed by the NRC or an affected 
Agreement State if the Administrator determines by rulemaking, based on 
the record, that NRC or an affected Agreement State has:
    (i) Failed on a programmatic basis to implement and enforce, in 
significant part, the regulations governing the disposal of uranium mill 
tailings promulgated by EPA and NRC or the tailings closure plan (radon) 
(i.e., contained in the license) requirements establishing milestones 
for the purpose of emplacing a permanent radon barrier that will achieve 
compliance with the 20 pCi/m \2\-s flux standard; and
    (ii) Those failures may reasonably be anticipated to significantly 
interfere (i.e., more than de minimis) with the timely emplacement of a 
permanent radon barrier constructed to achieve compliance with the 20 
pCi/m \2\-s flux standard at the uranium mill tailings disposal site.
    (2) The Administrator shall reinstate 40 CFR part 61, subpart T on a 
site-specific basis as applied to owners and operators of non-
operational uranium mill tailings disposal sites that are licensed by 
the NRC or an affected Agreement State if the Administrator determines 
by rulemaking, based on the record:
    (i) That NRC or an affected Agreement State has failed in 
significant part on a site-specific basis to achieve compliance by the 
operator of the site or sites with applicable license requirements, 
regulations, or standards implemented by NRC and the affected Agreement 
States; and
    (ii) Those failures may reasonably be anticipated to significantly 
interfere (i.e., more than de minimis) with the timely emplacement of a 
permanent radon barrier constructed to achieve compliance with the 20 
pCi/m \2\-s flux standard at the uranium mill tailings disposal site.
    (3) Upon completion of the reconsideration of rescission pursuant to 
Sec. 61.226(c) the Administrator may issue a finding that reinstatement 
of this subpart is not appropriate if the Administrator finds:

[[Page 135]]

    (i) NRC and the affected Agreement States are on a programmatic 
basis implementing and enforcing, in significant part, the regulations 
governing the disposal of uranium mill tailings promulgated by EPA and 
NRC or the tailings closure plan (radon) (i.e., contained in the 
license) requirements establishing milestones for the purpose of 
emplacing a permanent radon barrier that will achieve compliance with 
the 20 pCi/m \2\-s flux standard; or
    (ii) NRC or an affected Agreement State are on a site-specific 
basis, in significant part, achieving compliance by the operator of the 
site or sites with applicable license requirements, regulations, or 
standards implemented by NRC and the affected Agreement States.
    (b) Procedures to petition for reconsideration of rescission of this 
subpart. (1) A person may petition the Administrator to reconsider the 
rescission and seek reinstatement of this subpart under Sec. 61.226(a).
    (2) EPA shall summarily dismiss a petition to reconsider rescission 
and seek reinstatement of this subpart under Sec. 61.226(a)(1) 
(programmatic basis), without prejudice, unless the petitioner 
demonstrates that written notice of the alleged failure(s) was provided 
to NRC at least 60 days before filing the petition with EPA. This 
notification shall include a statement of the grounds for such a 
petition and this notice requirement may be satisfied by, but is not 
limited to, submissions or pleadings submitted to NRC during a 
proceeding conducted by NRC.
    (3) EPA shall summarily dismiss a petition to reconsider rescission 
and seek reinstatement of this subpart under Sec. 61.226(a)(2) (site-
specific basis), without prejudice, unless the petitioner demonstrates 
that a written request was made to NRC or an affected Agreement State 
for enforcement or other relief at least 60 days before filing its 
petition with EPA, and unless the petitioner alleges that NRC or the 
affected Agreement State failed to respond to such request by taking 
action, as necessary, to assure timely implementation and enforcement of 
the 20 pCi/m \2\-s flux standard.
    (4) Upon receipt of a petition under Sec. 61.226(b)(1) that is not 
dismissed under Sec. 61.226(b)(2) or (b)(3), EPA will propose to grant 
or deny an authorized petition to reconsider, take comments on the 
Agency's proposed action, and take final action granting or denying such 
petition to reconsider within 300 days of receipt.
    (c) Reconsideration of rescission of this subpart initiated by the 
Administrator. (1) The Administrator may initiate reconsideration of the 
rescission and reinstatement of this subpart as applied to owners and 
operators of non-operational uranium mill tailings disposal sites if EPA 
has reason to believe that NRC or an affected Agreement State has failed 
to implement and enforce, in significant part, the regulations governing 
the disposal of uranium mill tailings promulgated by EPA and NRC or the 
tailings closure plan (radon) requirements establishing milestones for 
the purpose of emplacing a permanent radon barrier that will achieve 
compliance with the 20 pCi/m \2\-s flux standard.
    (2) Before the Administrator initiates reconsideration of the 
rescission and reinstatement of this subpart under Sec. 61.226(c)(1), 
EPA shall consult with NRC to address EPA's concerns and if the 
consultation does not resolve the concerns, EPA shall provide NRC with 
60 days notice of the Agency's intent to initiate rulemaking to 
reinstate this subpart.

[59 FR 36302, July 15, 1994]



                          Subpart U--[Reserved]



  Subpart V--National Emission Standard for Equipment Leaks (Fugitive 
                            Emission Sources)

    Source: 49 FR 23513, June 6, 1984, unless otherwise noted.



Sec. 61.240  Applicability and designation of sources.

    (a) The provisions of this subpart apply to each of the following 
sources that are intended to operate in volatile hazardous air pollutant 
(VHAP) service: pumps, compressors, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, flanges and 
other connectors, product

[[Page 136]]

accumulator vessels, and control devices or systems required by this 
subpart.
    (b) The provisions of this subpart apply to the sources listed in 
paragraph (a) after the date of promulgation of a specific subpart in 
part 61.
    (c) While the provisions of this subpart are effective, a source to 
which this subpart applies that is also subject to the provisions of 40 
CFR part 60 only will be required to comply with the provisions of this 
subpart.



Sec. 61.241  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, in subpart A of part 61, or in specific 
subparts of part 61; and the following terms shall have specific meaning 
given them:
    Closed-vent system means a system that is not open to atmosphere and 
that is composed of piping, connections, and, if necessary, flow-
inducing devices that transport gas or vapor from a piece or pieces of 
equipment to a control device.
    Connector means flanged, screwed, welded, or other joined fittings 
used to connect two pipe lines or a pipe line and a piece of equipment. 
For the purpose of reporting and recordkeeping, connector means flanged 
fittings that are not covered by insulation or other materials that 
prevent location of the fittings.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Equipment means each pump, compressor, pressure relief device, 
sampling connection system, open-ended valve or line, valve, flange or 
other connector, product accumulator vessel in VHAP service, and any 
control devices or systems required by this subpart.
    First attempt at repair means to take rapid action for the purpose 
of stopping or reducing leakage of organic material to atmosphere using 
best practices.
    In gas/vapor service means that a piece of equipment contains 
process fluid that is in the gaseous state at operating conditions.
    In liquid service means that a piece of equipment is not in gas/
vapor service.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals (kPa) below ambient pressure.
    In VHAP service means that a piece of equipment either contains or 
contacts a fluid (liquid or gas) that is at least 10 percent by weight a 
volatile hazardous air pollutant (VHAP) as determined according to the 
provisions of Sec. 61.245(d). The provisions of Sec. 61.245(d) also 
specify how to determine that a piece of equipment is not in VHAP 
service.
    In VOC service means, for the purposes of this subpart, that (a) the 
piece of equipment contains or contacts a process fluid that is at least 
10 percent VOC by weight (see 40 CFR 60.2 for the definition of volatile 
organic compound or VOC and 40 CFR 60.485(d) to determine whether a 
piece of equipment is not in VOC service) and (b) the piece of equipment 
is not in heavy liquid service as defined in 40 CFR 60.481.
    Open-ended valve or line means any valve, except pressure relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to atmosphere, either directly or through open piping.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device.
    Process unit means equipment assembled to produce a VHAP or its 
derivatives as intermediates or final products, or equipment assembled 
to use a VHAP in the production of a product. A process unit can operate 
independently if supplied with sufficient feed or raw materials and 
sufficient product storage facilities.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit. An 
unscheduled work practice or operational procedure that stops production 
from a process unit or part of a process unit for less than 24 hours is 
not a process unit shutdown. The use of spare equipment

[[Page 137]]

and technically feasible bypassing of equipment without stopping 
production are not process unit shutdowns.
    Product accumulator vessel means any distillate receiver, bottoms 
receiver, surge control vessel, or product separator in VHAP service 
that is vented to atmosphere either directly or through a vacuum-
producing system. A product accumulator vessel is in VHAP service if the 
liquid or the vapor in the vessel is at least 10 percent by weight VHAP.
    Repaired means that equipment is adjusted, or otherwise altered, to 
eliminate a leak.
    Semiannual means a 6-month period; the first semiannual period 
concludes on the last day of the last month during the 180 days 
following initial startup for new sources; and the first semiannual 
period concludes on the last day of the last full month during the 180 
days after the effective date of a specific subpart that references this 
subpart for existing sources.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Stuffing box pressure means the fluid (liquid or gas) pressure 
inside the casing or housing of a piece of equipment, on the process 
side of the inboard seal.
    Volatile hazardous air pollutant or VHAP means a substance regulated 
under this part for which a standard for equipment leaks of the 
substance has been proposed and promulgated. Benzene is a VHAP. Vinyl 
chloride is a VHAP.

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 51 
FR 34915, Sept. 30, 1986; 54 FR 38076, Sept. 14, 1989]



Sec. 61.242-1  Standards: General.

    (a) Each owner or operator subject to the provisions of this subpart 
shall demonstrate compliance with the requirements of Secs. 61.242-1 to 
61.242-11 for each new and existing source as required in 40 CFR 61.05, 
except as provided in Secs. 61.243 and 61.244.
    (b) Compliance with this subpart will be detemined by review of 
records, review of performance test results, and inspection using the 
methods and procedures specified in Sec. 61.245.
    (c)(1) An owner or operator may request a determination of 
alternative means of emission limitation to the requirements of 
Secs. 61.242-2, 61.242-3, 61.242-5, 61.242-6, 61.242-7, 61.242-8, 
61.242-9 and 61.242-11 as provided in Sec. 61.244.
    (2) If the Administrator makes a determination that a means of 
emission limitation is at least a permissible alternative to the 
requirements of Sec. 61.242-2, 61.242-3, 61.242-5, 61.242-6, 61.242-7, 
61.242-8, 61.242-9 or 61.242-11, an owner or operator shall comply with 
the requirements of that determination.
    (d) Each piece of equipment to which this subpart applies shall be 
marked in such a manner that it can be distinquished readily from other 
pieces of equipment.
    (e) Equipment that is in vacuum service is excluded from the 
requirements of Sec. 61.242-2, to Sec. 61.242-11 if it is identified as 
required in Sec. 61.246(e)(5).

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984]



Sec. 61.242-2  Standards: Pumps.

    (a)(1) Each pump shall be monitored monthly to detect leaks by the 
methods specified in Sec. 61.245(b), except as provided in Sec. 61.242-
1(c) and paragraphs (d), (e), and (f) of this section.
    (2) Each pump shall be checked by visual inspection each calendar 
week for indications of liquids dripping from the pump seal.
    (b)(1) If an instrument reading of 10,000 ppm or greater is 
measured, a leak is detected.
    (2) If there are indications of liquids dripping from the pump seal, 
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 61.242-10.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraphs (a) and (b) of this section, provided the following 
requirements are met:

[[Page 138]]

    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservior that is 
connected by a closed-vent system to a control device that complies with 
the requirements of Sec. 61.242-11; or
    (iii) Equipped with a system that purges the barrier fluid into a 
process stream with zero VHAP emissions to atmosphere.
    (2) The barrier fluid is not in VHAP service and, if the pump is 
covered by standards under 40 CFR part 60, is not in VOC service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4) Each pump is checked by visual inspection each calendar week for 
indications of liquids dripping from the pump seal.
    (i) If there are indications of liquid dripping from the pump seal 
at the time of the weekly inspection, the pump shall be monitored as 
specified in Sec. 61.245 to determine the presence of VOC and VHAP in 
the barrier fluid.
    (ii) If the monitor reading (taking into account any background 
readings) indicates the presence of VHAP, a leak is detected. For the 
purpose of this paragraph, the monitor may be calibrated with VHAP, or 
may employ a gas chromatography column to limit the response of the 
monitor to VHAP, at the option of the owner or operator.
    (iii) If an instrument reading of 10,000 ppm or greater (total VOC) 
is measured, a leak is detected.
    (5) Each sensor as described in paragraph (d)(3) of this section is 
checked daily or is equipped with an audible alarm.
    (6)(i) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates failure 
of the seal system, the barrier fluid system, or both.
    (ii) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (d)(6)(i) of this section, or if, 
based on the criteria established in paragraph (d)(6)(i) of this 
section, the sensor indicates failure of the seal system, the barrier 
fluid system, or both, a leak is detected.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after it is detected, 
except as provided in Sec. 61.242-10.
    (iv) A first attempt at repair shall be made no later than five 
calendar days after each leak is detected.
    (e) Any pump that is designated, as described in Sec. 61.246(e)(2), 
for no detectable emissions, as indicated by an instrument reading of 
less than 500 ppm above background, is exempt from the requirements of 
paragraphs (a), (c), and (d) if the pump:
    (1) Has no externally actuated shaft penetrating the pump housing,
    (2) Is demonstrated to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 61.245(c), and
    (3) Is tested for compliance with paragraph (e)(2) initially upon 
designation, annually, and at other times requested by the 
Administrator.
    (f) If any pump is equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
control device that complies with the requirements of Sec. 61.242-11, it 
is exempt from the requirements of paragraphs (a)-(e).
    (g) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and the daily requirements 
of paragraph (d)(5)(i) of this section, provided that each pump is 
visually inspected as often as practicable and at least monthly.

[49 FR 23513, June 6, 1984, as amended at 49 FR 38946, Oct. 2, 1984; 55 
FR 28349, July 10, 1990]



Sec. 61.242-3  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of process 
fluid to atmosphere, except as provided in

[[Page 139]]

Sec. 61.242-1(c) and paragraphs (h) and (i) of this section.
    (b) Each compressor seal system as required in paragraph (a) shall 
be:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure; or
    (2) Equipped with a barrier fluid system that is connected by a 
closed-vent system to a control device that complies with the 
requirements of Sec. 61.242-11; or
    (3) Equipped with a system that purges the barrier fluid into a 
process stream with zero VHAP emissions to atmosphere.
    (c) The barrier fluid shall not be in VHAP service and, if the 
compressor is covered by standards under 40 CFR part 60, shall not be in 
VOC service.
    (d) Each barrier fluid system as described in paragraphs (a)-(c) of 
this section shall be equipped with a sensor that will detect failure of 
the seal system, barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be checked daily or shall be equipped with an audible alarm unless 
the compressor is located within the boundary of an unmanned plant site.
    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined under paragraph 
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 61.242-10.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after eack leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) if it is equipped with a closed-vent system capable of capturing 
and transporting any leakage from the seal to a control device that 
complies with the requirements of Sec. 61.242-11, except as provided in 
paragraph (i).
    (i) Any Compressor that is designated, as described in 
Sec. 61.246(e)(2), for no detectable emission as indicated by an 
instrument reading of less than 500 ppm above background is exempt from 
the requirements of paragraphs (a)-(h) if the compressor:
    (1) Is demonstrated to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 61.245(c); and
    (2) Is tested for compliance with paragraph (i)(1) initially upon 
designation, annually, and at other times requested by the 
Administrator.

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984]



Sec. 61.242-4  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 61.245(c).
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition of no detectable emissions, as indicated by 
an instrument reading of less than 500 ppm above background, as soon as 
practicable, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 61.242-10.
    (2) No later than 5 calendar days after the pressure release, the 
pressure relief device shall be monitored to confirm the condition of no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background, as measured by the method specified in 
Sec. 61.245(c).
    (c) Any pressure relief device that is equipped with a closed-vent 
system capable of capturing and transporting leakage from the pressure 
relief device to a control device as described in Sec. 61.242-11 is 
exempt from the requirements of paragraphs (a) and (b).

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984]



Sec. 61.242-5  Standards: Sampling  connecting systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge

[[Page 140]]

system or closed vent system, except as provided in Sec. 61.242-1(c).
    (b) Each closed-purge system or closed-vent system as required in 
paragraph (a) shall:
    (1) Return the purged process fluid directly to the process line 
with zero VHAP emissions to atmosphere; or
    (2) Collect and recycle the purged process fluid with zero VHAP 
emissions to atmosphere; or
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a control device that complies with the requirements of 
Sec. 61.242-11.
    (c) In-situ sampling systems are exempt from the requirements of 
paragraphs (a) and (b).



Sec. 61.242-6  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve, except as provided in 
Sec. 61.242-1(c).
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring process fluid flow 
through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (c) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (a) at all 
other times.



Sec. 61.242-7  Standards: Valves.

    (a) Each valve shall be monitored monthly to detect leaks by the 
method specified in Sec. 61.245(b) and shall comply with paragraphs (b)-
(e), except as provided in paragraphs (f), (g), and (h) of this section, 
Sec. 61.243-1 or Sec. 61.243-2, and Sec. 61.242-1(c).
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) Any valve for which a leak is not detected for 2 successive 
months may be monitored the first month of every quarter, beginning with 
the next quarter, until a leak is detected.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec. 61.242-10.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:
    (1) Tightening of bonnet bolts;
    (2) Replacement of bonnet bolts;
    (3) Tightening of packing gland nuts; and
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec. 61.246(e)(2), 
for no detectable emissions, as indicated by an instrument reading of 
less than 500 ppm above background, is exempt from the requirements of 
paragraph (a) if the valve:
    (1) Has no external actuating mechanism in contact with the process 
fluid;
    (2) Is operated with emissions less than 500 ppm above background, 
as measured by the method specified in Sec. 61.245(c); and
    (3) Is tested for compliance with paragraph (f)(2) initially upon 
designation, annually, and at other times requested by the 
Administrator.
    (g) Any valve that is designated, as described in Sec. 61.246(f)(1), 
as an unsafe-to-monitor valve is exempt from the requirements of 
paragraph (a) if:
    (1) The owner or operator of the valve demonstrates that the valve 
is unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a); and
    (2) The owner or operator of the valve has a written plan that 
requires monitoring of the valve as frequent as practicable during safe-
to-monitor times.
    (h) Any valve that is designated, as described in Sec. 61.246(f)(2), 
as a difficult-to-monitor valve is exempt from the requirements of 
paragraph (a) if:

[[Page 141]]

    (1) The owner or operator of the valve demonstrates that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface;
    (2) The process unit within which the valve is located is an 
existing process unit; and
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.



Sec. 61.242-8  Standards: Pressure relief devices in liquid service and flanges and other connectors.

    (a) Pressure relief devices in liquid service and flanges and other 
connectors shall be monitored within 5 days by the method specified in 
Sec. 61.245(b) if evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method, except at provided in 
Sec. 61.242-1(c).
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 61.242-10.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. 61.242-7(e).

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984]



Sec. 61.242-9  Standards: Product accumulator vessels.

    Each product accumulator vessel shall be equipped with a closed-vent 
system capable of capturing and transporting any leakage from the vessel 
to a control device as described in Sec. 61.242-11, except as provided 
in Sec. 61.242-1(c).

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984]



Sec. 61.242-10  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if the repair is technically infeasible without a 
process unit shutdown. Repair of this equipment shall occur before the 
end of the next process unit shutdown.
    (b) Delay of repair of equipment for which leaks have been detected 
will be allowed for equipment that is isolated from the process and that 
does not remain in VHAP service.
    (c) Delay of repair for valves will be allowed if:
    (1) The owner or operator demonstrates that emissions of purged 
material resulting from immediate repair are greater than the fugitive 
emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 61.242-11.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system, and
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit shutdown, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the next process unit 
shutdown will not be allowed unless the next process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.



Sec. 61.242-11  Standards: Closed-vent systems and control devices.

    (a) Owners or operators of closed-vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section, except as provided in Sec. 61.242-1(c).
    (b) Vapor recovery systems (for example, condensers and adsorbers) 
shall be designed and operated to recover the organic vapors vented to 
them with an efficiency of 95 percent or greater.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VHAP emissions vented to them with an efficiency of 95 
percent or greater or to provide a minimum residence time

[[Page 142]]

of 0.50 seconds at a minimum temperature of 760 deg.C.
    (d) Flares shall used to comply with this subpart shall comply with 
the requirements of Sec. 60.18.
    (e) Owners or operators of control devices that are used to comply 
with the provisions of this supbart shall monitor these control devices 
to ensure that they are operated and maintained in conformance with 
their design.
    (f)(1) Closed-vent systems shall be designed for and operated with 
no detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background and by visual inspections, as determined 
by the methods specified as Sec. 61.245(c).
    (2) Closed-event systems shall be monitored to determine compliance 
with this section initially in accordance with Sec. 61.05, annually, and 
at other times requested by the administrator.
    (3) Leaks, as indicated by an instrument reading greater than 500 
ppm and visual inspections, shall be repaired as soon as practicable, 
but not later than 15 calendar days after the leak is detected.
    (4) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (g) Closed-vent systems and control devices use to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 51 
FR 2702, Jan. 21, 1986]



Sec. 61.243-1  Alternative standards for valves in VHAP service--allowable percentage of valves leaking.

    (a) An owner or operator may elect to have all valves within a 
process unit to comply with an allowable percentage of valves leaking of 
equal to or less than 2.0 percent.
    (b) The following requirements shall be met if an owner or operator 
decides to comply with an allowable percentage of valves leaking:
    (1) An owner or operator must notify the Administrator that the 
owner or operator has elected to have all valves within a process unit 
to comply with the allowable percentage of valves leaking before 
implementing this alternative standard, as specified in Sec. 61.247(d).
    (2) A performance test as specified in paragraph (c) of this section 
shall be conducted initially upon designation, annually, and at other 
times requested by the Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance 
with Sec. 61.242-7(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves in VHAP service within the process unit shall be 
monitored within 1 week by the methods specified in Sec. 61.245(b).
    (2) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves in VHAP service for which leaks are detected by the number of 
valves in VHAP service within the process unit.
    (d) Owner or operators who elect to have all valves comply with this 
alternative standard shall not have a process unit with a leak 
percentage greater than 2.0 percent.
    (e) If an owner or operator decides no longer to comply with 
Sec. 61.243-1, the owner or operator must notify the Administrator in 
writing that the work practice standard described in Sec. 61.242-7(a)-
(e) will be followed.



Sec. 61.243-2  Alternative standards for valves in VHAP service--skip period leak detection and repair.

    (a)(1) An owner or operator may elect for all valves within a 
process unit to comply with one of the alternative work practices 
specified in paragraphs (b)(2) and (3) of this section.
    (2) An owner or operator must notify the Administrator before 
implementing one of the alternative work practices, as specified in 
Sec. 61.247(d).
    (b)(1) An owner or operator shall comply initially with the 
requirements for valves, as described in Sec. 61.242-7.
    (2) After 2 consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 1 of the quarterly leak detection periods for 
the valves in VHAP service.
    (3) After 5 consecutive quarterly leak detection periods with the 
percentage

[[Page 143]]

of valves leaking equal to or less than 2.0, an owner or operator may 
begin to skip 3 of the quartely leak detection periods for the valves in 
VHAP service.
    (4) If the percentage of valves leaking is greater than 2.0, the 
owner or operator shall comply with the requirements as described in 
Sec. 61.242-7 but may again elect to use this section.



Sec. 61.244  Alternative means of emission limitation.

    (a) Permission to use an alternative means of emission limitation 
under section 112(e)(3) of the Clean Air Act shall be governed by the 
following procedures:
    (b) Where the standard is an equipment, design, or operational 
requirement:
    (1) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation.limitation to test data for the equipment, 
design, and operational requirements.
    (3) The Administrator may condition the permission on requirements 
that may be necessary to assure operation and maintenance to achieve the 
same emission reduction as the equipment, design, and operational 
requirements.
    (c) Where the standard is a work practice:
    (1) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation.
    (2) For each source for which permission is requested, the emission 
reduction achieved by the required work practices shall be demonstrated 
for a minimum period of 12 months.
    (3) For each source for which permission is requested, the emission 
reduction achieved by the alternative means of emission limitation shall 
be demonstrated.
    (4) Each owner or operator applying for permission shall commit in 
writing each source to work practices that provide for emission 
reductions equal to or greater than the emission reductions achieved by 
the required work practices.
    (5) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the required work practices and will 
consider the commitment in paragraph (c)(4).
    (6) The Administrator may condition the permission on requirements 
that may be necessary to assure operation and maintenance to achieve the 
same emission reduction as the required work practices of this subpart.
    (d) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (e)(1) Manufacturers of equipment used to control equipment leaks of 
a VHAP may apply to the Administrator for permission for an alternative 
means of emission limitation that achieves a reduction in emissions of 
the VHAP achieved by the equipment, design, and operational requirements 
of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraphs (b), (c), and (d).



Sec. 61.245  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) Monitoring, as required in Secs. 61.242, 61.243, 61.244, and 
61.135, shall comply with the following requirements:
    (1) Monitoring shall comply with Method 21 of appendix A of 40 CFR 
part 60.
    (2) The detection instrument shall meet the performance criteria of 
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.

[[Page 144]]

    (5) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Reference Method 21.
    (c) When equipment is tested for compliance with or monitored for no 
detectable emissions, the owner or operator shall comply with the 
following requirements:
    (1) The requirements of paragraphs (b) (1) through (4) shall apply.
    (2) The background level shall be determined, as set forth in 
Reference Method 21.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Reference Method 21.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (d)(1) Each piece of equipment within a process unit that can 
conceivably contain equipment in VHAP service is presumed to be in VHAP 
service unless an owner or operator demonstrates that the piece of 
equipment is not in VHAP service. For a piece of equipment to be 
considered not in VHAP service, it must be determined that the percent 
VHAP content can be reasonably expected never to exceed 10 percent by 
weight. For purposes of determining the percent VHAP content of the 
process fluid that is contained in or contacts equipment, procedures 
that conform to the methods described in ASTM Method D-2267 
(incorporated by the reference as specified in Sec. 61.18) shall be 
used.
    (2)(i) An owner or operator may use engineering judgment rather than 
the procedures in paragraph (d)(1) of this section to demonstrate that 
the percent VHAP content does not exceed 10 percent by weight, provided 
that the engineering judgment demonstrates that the VHAP content clearly 
does not exceed 10 percent by weight. When an owner or operator and the 
Administrator do not agree on whether a piece of equipment is not in 
VHAP service, however, the procedures in paragraph (d)(1) of this 
section shall be used to resolve the disagreement.
    (ii) If an owner or operator determines that a piece of equipment is 
in VHAP service, the determination can be revised only after following 
the procedures in paragraph (d)(1) of this section.
    (3) Samples used in determining the percent VHAP content shall be 
representative of the process fluid that is contained in or contacts the 
equipment or the gas being combusted in the flare.
    (e)(1) Method 22 of appendix A of 40 CFR part 60 shall be used to 
determine compliance of flares with the visible emission provisions of 
this subpart.
    (2) The presence of a flare pilot flame shall be monitored using a 
thermocouple or any other equivalent device to detect the presence of a 
flame.
    (3) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
      

                                                            n                                                   
                                        HT = K <3-l         CiHi<3-ln )>                               
                                                  n  i=1                                                        
                                                                                                                

Where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy 
          per mole of offgas is based on combustion at 25 deg.C and 760 
          mm Hg, but the standard temperature for determining the volume 
          corresponding to one mole is 20 deg.C.
K=Constant, 1.74 x 10--7 (1/ppm) (g mole/scm) (MJ/kcal) where 
standard temperature for (g mole/scm) is 20 deg.C
Ci=Concentration of sample component i in ppm, as measured by 
Reference Method 18 of Appendix A of 40 FR part 60 and ASTM D2504-67 
(reapproved 1977) (incorporated by reference as specified in 
Sec. 61.18).
Hi=Net heat of combustion of sample component i, kcal/g mole. The 
heats of combustion may be determined using ASTM D2382-76 (incorporated 
by reference as specified in Sec. 61.18) if published values are not 
available or cannot be calculated.

    (4) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flowrate (in units of standard temperature and 
pressure), as determined by Reference Method 2, 2A, 2C, or 2D, as 
appropriate, by the unobstructed (free) cross section area of the flare 
tip.
    (5) The maximum permitted velocity, Vmax, for air-assisted 
flares shall be determined by the following equation:


[[Page 145]]



                        VMax=8.76+0.7084(HT)

Where:
VMax=Maximum permitted velocity, m/sec
8.706=Constant.
0.7084=Constant.
HT=The net heating value as determined in paragraph (e)(3) of this 
section.

[49 FR 23513, June 6, 1984, as amended at 49 FR 38946, Oct. 2, 1984; 49 
FR 43647, Oct. 31, 1984; 53 FR 36972, Sept. 23, 1988; 54 FR 38077, Sept. 
14, 1989]



Sec. 61.246  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one process unit subject to 
the provisions of this subpart may comply with the recordkeeping 
requirements for these process units in one recordkeeping system if the 
system identifies each record by each process unit.
    (b) When each leak is detected as specified in Secs. 61.242-2, 
61.242-3, 61.242-7, 61.242-8, and 61.135, the following requirements 
apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (2) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec. 61.242-7(c) and 
no leak has been detected during those 2 months.
    (3) The identification on equipment, except on a valve, may be 
removed after it has been repaired.
    (c) When each leak is detected as specified in Secs. 61.242-2, 
61.242-3. 61.242-7, 61.242-8, and 61.135, the following information 
shall be recorded in a log and shall be kept for 2 years in a readily 
accessible location:
    (1) The instrument and operator identification numbers and the 
equipment identification number.
    (2) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (3) Repair methods applied in each attempt to repair the leak.
    (4) ``Above 10,000'' if the maximum instrument reading measured by 
the methods specified in Sec. 61.245(a) after each repair attempt is 
equal to or greater than 10,000 ppm.
    (5) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (6) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a process 
shutdown.
    (7) The expected date of successful repair of the leak if a leak is 
not repaired within 15 calendar days.
    (8) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.
    (9) The date of successful repair of the leak.
    (d) The following information pertaining to the design requirements 
for closed-vent systems and control devices described in Sec. 61.242-11 
shall be recorded and kept in a readily accessible location:
    (1) Detailed schematics, design specifications, and piping and 
instrumentation diagrams.
    (2) The dates and descriptions of any changes in the design 
specifications.
    (3) A description of the parameter or parameters monitored, as 
required in Sec. 61.242-11(e), to ensure that control devices are 
operated and maintained in conformance with their design and an 
explanation of why that parameter (or parameters) was selected for the 
monitoring.
    (4) Periods when the closed-vent systems and control devices 
required in Secs. 61.242-2, 61.242-3, 61.242-4, 61.242-5 and 61.242-9 
are not operated as designed, including periods when a flare pilot light 
does not have a flame.
    (5) Dates of startups and shutdowns of the closed-vent systems and 
control devices required in Secs. 61.242-2, 61.242-3, 61.242-4, 61.242-5 
and 61.242-9.
    (e) The following information pertaining to all equipment to which a 
standard applies shall be recorded in a log that is kept in a readily 
accessible location:
    (1) A list of identification numbers for equipment (except welded 
fittings) subject to the requirements of this subpart.

[[Page 146]]

    (2)(i) A list of identification numbers for equipment that the owner 
or operator elects to designate for no detectable emissions as indicated 
by an instrument reading of less than 500 ppm above background.
    (ii) The designation of this equipment for no detectable emissions 
shall be signed by the owner or operator.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec. 61.242-4(a).
    (4)(i) The dates of each compliance test required in Secs. 61.242-
2(e), 61.242-3(i), 61.242-4, 61.242-7(f), and 61.135(g).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (f) The following information pertaining to all valves subject to 
the requirements of Sec. 61.242-7(g) and (h) shall be recorded in a log 
that is kept in a readily accessible location:
    (1) A list of identification numbers for valves that are designated 
as unsafe to monitor, an explanation for each valve stating why the 
valve is unsafe to monitor, and the plan for monitoring each valve.
    (2) A list of identification numbers for valves that are designated 
as difficult to monitor, an explanation for each valve stating why the 
valve is difficult to monitor, and the planned schedule for monitoring 
each valve.
    (g) The following information shall be recorded for valves complying 
with Sec. 61.243-2:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (h) The following information shall be recorded in a log that is 
kept in a readily accessible location:
    (1) Design criterion required in Secs. 61.242-2(d)(5), 61.242-
3(e)(2), and 61.135(e)(4) and an explanation of the design criterion; 
and
    (2) Any changes to this criterion and the reasons for the changes.
    (i) The following information shall be recorded in a log that is 
kept in a readily accessible location for use in determining exemptions 
as provided in the applicability section of this subpart and other 
specific subparts:
    (1) An analysis demonstrating the design capacity of the process 
unit, and
    (2) An analysis demonstrating that equipment is not in VHAP service.
    (j) Information and data used to demonstrate that a piece of 
equipment is not in VHAP service shall be recorded in a log that is kept 
in a readily accessible location.

[49 FR 23513, June 6, 1984, as amended at 49 FR 38946, Oct. 2, 1984; 54 
FR 38077, Sept. 14, 1989]



Sec. 61.247  Reporting requirements.

    (a)(1) An owner or operator of any piece of equipment to which this 
subpart applies shall submit a statement in writing notifying the 
Administrator that the requirements of Secs. 61.242, 61.245, 61.246, and 
61.247 are being implemented.
    (2) In the case of an existing source or a new source which has an 
initial startup date preceding the effective date, the statement is to 
be submitted within 90 days of the effective date, unless a waiver of 
compliance is granted under Sec. 61.11, along with the information 
required under Sec. 61.10. If a waiver of compliance is granted, the 
statement is to be submitted on a date scheduled by the Administrator.
    (3) In the case of new sources which did not have an initial startup 
date preceding the effective date, the statement shall be submitted with 
the application for approval of construction, as described in 
Sec. 61.07.
    (4) The statement is to contain the following information for each 
source:
    (i) Equipment identification number and process unit identification.
    (ii) Type of equipment (for example, a pump or pipeline valve).
    (iii) Percent by weight VHAP in the fluid at the equipment.
    (iv) Process fluid state at the equipment (gas/vapor or liquid).
    (v) Method of compliance with the standard (for example, ``monthly 
leak detection and repair'' or ``equipped with dual mechanical seals'').
    (b) A report shall be submitted to the Administrator semiannually 
starting 6 months after the initial report required in paragraph (a) of 
this section, that includes the following information:

[[Page 147]]

    (1) Process unit identification.
    (2) For each month during the semiannual reporting period,
    (i) Number of valves for which leaks were detected as described in 
Sec. 61.242-7(b) of Sec. 61.243-2.
    (ii) Number of valves for which leaks were not repaired as required 
in Sec. 61.242-7(d).
    (iii) Number of pumps for which leaks were detected as described in 
Sec. 61.242-2 (b) and (d)(6).
    (iv) Number of pumps for which leaks were not repaired as required 
in Sec. 61.242-2 (c) and (d)(6).
    (v) Number of compressors for which leaks were detected as described 
in Sec. 61.242-3(f).
    (vi) Number of compressors for which leaks were not repaired as 
required in Sec. 61.242-3(g).
    (vii) The facts that explain any delay of repairs and, where 
appropriate, why a process unit shutdown was technically infeasible.
    (3) Dates of process unit shutdowns which occurred within the 
semiannual reporting period.
    (4) Revisions to items reported according to paragraph (a) if 
changes have occurred since the initial report or subsequent revisions 
to the initial report.

    Note: Compliance with the requirements of Sec. 61.10(c) is not 
required for revisions documented under this paragraph.

    (5) The results of all performance tests and monitoring to determine 
compliance with no detectable emissions and with Secs. 61.243--1 and 
61.243--2 conducted within the semiannual reporting period.
    (c) In the first report submitted as required in paragraph (a) of 
this section, the report shall include a reporting schedule stating the 
months that semiannual reports shall be submitted. Subsequent reports 
shall be submitted according to that schedule, unless a revised schedule 
has been submitted in a previous semiannual report.
    (d) An owner or operator electing to comply with the provisions of 
Secs. 61.243-1 and 61.243-2 shall notify the Administrator of the 
alternative standard selected 90 days before implementing either of the 
provisions.
    (e) An application for approval of construction or modification, 
Secs. 61.05(a) and 61.07, will not be required if--
    (1) The new source complies with the standard, Sec. 61.242;
    (2) The new source is not part of the construction of a process 
unit; and
    (3) In the next semiannual report required by paragraph (b) of this 
section, the information in paragraph (a)(4) of this section is 
reported.

[49 FR 23513, June 6, 1984, as amended at 49 FR 38947, Oct. 2, 1984; 54 
FR 38077, Sept. 14, 1989]



    Subpart W--National Emission Standards for Radon Emissions From 
                         Operating Mill Tailings

    Source: 54 FR 51703, Dec. 15, 1989, unless otherwise noted.



Sec. 61.250  Designation of facilities.

    The provisions of this subpart apply to owners or operators of 
facilities licensed to manage uranium byproduct materials during and 
following the processing of uranium ores, commonly referred to as 
uranium mills and their associated tailings. This subpart does not apply 
to the disposal of tailings.



Sec. 61.251  Definitions.

    As used in this subpart, all terms not defined here have the meaning 
given them in the Clean Air Act or 40 CFR part 61, subpart A. The 
following terms shall have the following specific meanings:
    (a) Area means the vertical projection of the pile upon the earth's 
surface.
    (b) Continuous disposal means a method of tailings management and 
disposal in which tailings are dewatered by mechanical methods 
immediately after generation. The dried tailings are then placed in 
trenches or other disposal areas and immediately covered to limit 
emissions consistent with applicable Federal standards.
    (c) Dewatered means to remove the water from recently produced 
tailings by mechanical or evaporative methods such that the water 
content of the tailings does not exceed 30 percent by weight.
    (d) Existing impoundment means any uranium mill tailings impoundment

[[Page 148]]

which is licensed to accept additional tailings and is in existence as 
of December 15, 1989.
    (e) Operation means that an impoundment is being used for the 
continued placement of new tailings or is in standby status for such 
placement. An impoundment is in operation from the day that tailings are 
first placed in the impoundment until the day that final closure begins.
    (f) Phased disposal means a method of tailings management and 
disposal which uses lined impoundments which are filled and then 
immediately dried and covered to meet all applicable Federal standards.
    (g) Uranium byproduct material or tailings means the waste produced 
by the extraction or concentration of uranium from any ore processed 
primarily for its source material content. Ore bodies depleted by 
uranium solution extraction and which remain underground do not 
constitute byproduct material for the purposes of this subpart.



Sec. 61.252  Standard.

    (a) Radon-222 emissions to the ambient air from an existing uranium 
mill tailings pile shall not exceed 20 pCi/m2-s of radon-222.
    (b) After December 15, 1989, no new tailings impoundment can be 
built unless it is designed, constructed and operated to meet one of the 
two following work practices:
    (1) Phased disposal in lined tailings impoundments that are no more 
than 40 acres in area and meet the requirements of 40 CFR 192.32(a) as 
determined by the Nuclear Regulatory Commission. The owner or operator 
shall have no more than two impoundments, including existing 
impoundments, in operation at any one time.
    (2) Continuous disposal of tailings such that tailings are dewatered 
and immediately disposed with no more than 10 acres uncovered at any 
time and operated in accordance with Sec. 192.32(a) as determined by the 
Nuclear Regulatory Commission.
    (c) All mill owners or operators shall comply with the provisions of 
40 CFR 192.32(a) in the operation of tailings piles, the exemption for 
existing piles in 40 CFR 192.32(a) notwithstanding.



Sec. 61.253  Determining compliance.

    Compliance with the emission standard in this subpart shall be 
determined annually through the use of Method 115 of appendix B. When 
measurements are to be made over a one year period, EPA shall be 
provided with a schedule of the measurement frequency to be used. The 
schedule may be submitted to EPA prior to or after the first measurement 
period. EPA shall be notified 30 days prior to any emissions test so 
that EPA may, at its option, observe the test.



Sec. 61.254  Annual reporting requirements.

    (a) The owners or operators of operating existing mill impoundments 
shall report the results of the compliance calculations required in 
Sec. 61.253 and the input parameters used in making the calculation for 
each calendar year shall be sent to EPA by March 31 of the following 
year. Each report shall also include the following information:
    (1) The name and location of the mill.
    (2) The name of the person responsible for the operation of the 
facility and the name of the person preparing the report (if different).
    (3) The results of the testing conducted, including the results of 
each measurement.
    (4) Each report shall be signed and dated by a corporate officer in 
charge of the facility and contain the following declaration immediately 
above the signature line: ``I certify under penalty of law that I have 
personally examined and am familiar with the information submitted 
herein and based on my inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment. See, 18 U.S.C. 1001.''
    (b) If the facility is not in compliance with the emission limits of 
Sec. 61.252 in the calendar year covered by the report, then the 
facility must commence reporting to the Administrator on a monthly basis 
the information listed in paragraph (a) of this section, for the 
preceding month. These reports will start the month immediately 
following the submittal of the annual report for

[[Page 149]]

the year in noncompliance and will be due 30 days following the end of 
each month. This increased level of reporting will continue until the 
Administrator has determined that the monthly reports are no longer 
necessary. In addition to all the information required in paragraph (a) 
of this section, monthly reports shall also include the following 
information:
    (1) All controls or other changes in operation of the facility that 
will be or are being installed to bring the facility into compliance.
    (2) If the facility is under a judicial or administrative 
enforcement decree, the report will describe the facilities performance 
under the terms of the decree.
    (c) The first report will cover the emissions of calendar year 1990.



Sec. 61.255  Recordkeeping requirements.

    The owner or operator of the mill must maintain records documenting 
the source of input parameters including the results of all measurements 
upon which they are based, the calculations and/or analytical methods 
used to derive values for input parameters, and the procedure used to 
determine compliance. In addition, the documentation should be 
sufficient to allow an independent auditor to verify the accuracy of the 
determination made concerning the facility's compliance with the 
standard. These records must be kept at the mill for at least five years 
and upon request be made available for inspection by the Administrator, 
or his authorized representative.



Sec. 61.256  Exemption from the reporting and testing requirements of 40 CFR 61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



                          Subpart X--[Reserved]



Subpart Y--National Emission Standard for Benzene Emissions From Benzene 
                             Storage Vessels

    Source: 54 FR 38077, Sept. 14, 1989, unless otherwise noted.



Sec. 61.270  Applicability and designation of sources.

    (a) The source to which this subpart applies is each storage vessel 
that is storing benzene having a specific gravity within the range of 
specific gravities specified in ASTM D 836-84 for Industrial Grade 
Benzene, ASTM D 835-85 for Refined Benzene-485, ASTM D 2359-85a for 
Refined Benzene-535, and ASTM D 4734-87 for Refined Benzene-545. These 
specifications are incorporated by reference as specified in Sec. 61.18.
    (b) Except for paragraph (b) in Sec. 61.276, storage vessels with a 
design storage capacity less than 38 cubic meters (10,000 gallons) are 
exempt from the provisions of this subpart.
    (c) This subpart does not apply to storage vessels used for storing 
benzene at coke by-product facilities.
    (d) This subpart does not apply to vessels permanently attached to 
motor vehicles such as trucks, rail cars, barges, or ships.
    (e) This subpart does not apply to pressure vessels designed to 
operate in excess of 204.9 kPa and without emissions to the atmosphere.
    (f) A designated source subject to the provisions of this subpart 
that is also subject to applicable provisions of 40 CFR part 60 subparts 
K, Ka, and Kb shall be required to comply only with the subpart that 
contains the most stringent requirements for that source.



Sec. 61.271  Emission standard.

    The owner or operator of each storage vessel with a design storage 
capacity greater than or equal to 38 cubic meters (10,000 gallons) to 
which this subpart applies shall comply with the requirements in 
paragraph (d) of this section and with the requirements either in 
paragraph (a), (b), or (c) of this section, or equivalent as provided in 
Sec. 61.273.
    (a) The storage vessel shall be equipped with a fixed roof and an 
internal floating roof.
    (1) An internal floating roof means a cover that rests on the liquid 
surface (but not necessarily in complete contact with it) inside a 
storage vessel that has a permanently affixed roof. The internal 
floating roof shall be floating on the liquid surface at all

[[Page 150]]

times, except during initial fill and during those intervals when the 
storage vessel is completely emptied or subsequently emptied and 
refilled. When the roof is resting on the leg supports, the process of 
filling, emptying, or refilling shall be continuous and shall be 
accomplished as rapidly as possible.
    (2) Each internal floating roof shall be equipped with one of the 
closure devices listed in paragraphs (a)(2) (i), (ii), or (iii) of this 
section between the wall of the storage vessel and the edge of the 
internal floating roof. This requirement does not apply to each existing 
storage vessel for which construction of an internal floating roof 
equipped with a continuous seal commenced on or before July 28, 1988. A 
continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage vessel and 
the edge of the internal floating roof.
    (i) A foam- or liquid-filled seal mounted in contact with the liquid 
(liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the liquid between the wall of the 
storage vessel and the floating roof continuously around the 
circumference of the vessel.
    (ii) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the storage vessel and the edge of the internal floating roof. The lower 
seal may be vapor-mounted, but both must be continuous.
    (iii) A metallic shoe seal. A metallic shoe seal (also referred to 
as a mechanical shoe seal) is, but is not limited to, a metal sheet held 
vertically against the wall of the storage vessel by springs or weighted 
levers and is connected by braces to the floating roof. A flexible 
coated fabric (envelope) spans the annular space between the metal sheet 
and the floating roof.
    (3) Automatic bleeder vents are to be closed at all times when the 
roof is floating, except when the roof is being floated off or is being 
landed on the roof leg supports.
    (4) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (5) Each internal floating roof shall meet the specifications listed 
below. If an existing storage vessel had an internal floating roof with 
a continuous seal as of July 28, 1988, the requirements listed below do 
not have to be met until the first time after September 14, 1989, the 
vessel is emptied and degassed or September 14, 1999, whichever occurs 
first,
    (i) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains is to be equipped with a cover or 
lid. The cover or lid shall be equipped with a gasket. Covers on each 
access hatch and automatic gauge float well shall be bolted.
    (ii) Each penetration of the internal floating roof for the purposes 
of sampling shall be a sample well. Each sample well shall have a slit 
fabric cover that covers at least 90 percent of the opening.
    (iii) Each automatic bleeder vent shall be gasketed.
    (iv) Rim space vents shall be equipped with a gasket.
    (v) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (vi) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (6) Each cover or lid on any opening in the internal floating roof 
shall be closed (i.e., no visible gaps), except when a device is in 
actual use Covers on each access hatch and each automatic gauge float 
well which are equipped with bolts shall be bolted when they are not in 
use. Rim space vents are to be set to open only when the internal 
floating roof is not floating or at the manufacturer's recommended 
setting.
    (b) The storage vessel shall have an external floating roof.
    (1) An external floating roof means a pontoon-type or double-deck-
type cover that rests on the liquid surface in a vessel with no fixed 
roof.

[[Page 151]]

    (2) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge. Except 
as provided in paragraph (b)(5) of this section, the closure device is 
to consist of two seals, one above the other. The lower seal is referred 
to as the primary seal and the upper seal is referred to as the 
secondary seal.
    (i) The primary seal shall be either a metallic shoe seal or a 
liquid-mounted seal. A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the liquid between the wall of the 
storage vessel and the floating roof continuously around the 
circumference of the vessel. A metallic shoe seal (which can also be 
referred to as a mechanical shoe seal) is, but is not limited to, a 
metal sheet held vertically against the wall of the storage vessel by 
springs or weighted levers and is connected by braces to the floating 
roof. A flexible coated fabric (envelope) spans the annular space 
between the metal sheet and the floating roof. Except as provided in 
Sec. 61.272(b)(4), the primary seal shall completely cover the annular 
space between the edge of the floating roof and the vessel wall.
    (ii) The secondary seal shall completely cover the annular space 
between the external floating roof and the wall of the storage vessel in 
a continuous fashion except as allowed in Sec. 61.272(b)(4).
    (3) Except for automatic bleeder vents and rim space vents, each 
opening in the noncontact external floating roof shall provide a 
projection below the liquid surface. Except for automatic bleeder vents, 
rim space vents, roof drains, and leg sleeves, each opening in the roof 
is to be equipped with a gasketed cover, seal or lid which is to be 
maintained in a closed position at all times (i.e., no visible gap) 
except when the device is in actual use. Automatic bleeder vents are to 
be closed at all times when the roof is floating, except when the roof 
is being floated off or is being landed on the roof leg supports. Rim 
vents are to be set to open when the roof is being floated off the roof 
leg supports or at the manufacturer's recommended setting. Automatic 
bleeder vents and rim space vents are to be gasketed. Each emergency 
roof drain is to be provided with a slotted membrane fabric cover that 
covers at least 90 percent of the area of the opening.
    (4) The roof shall be floating on the liquid at all times (i.e., off 
the roof leg supports) except during initial fill until the roof is 
lifted off leg supports and when the vessel is completely emptied and 
subsequently refilled. The process of emptying and refilling when the 
roof is resting on the leg supports shall be continuous and shall be 
accomplished as rapidly as possible.
    (5) The requirement for a secondary seal does not apply to each 
existing storage vessel that was equipped with a liquid-mounted primary 
seal as of July 28, 1988, until after the first time after September 14, 
1989, when the vessel is emptied and degassed or 10 years from September 
14, 1989, whichever occurs first.
    (c) The storage vessel shall be equipped with a closed vent system 
and a control device.
    (1) The closed vent system shall be designed to collect all benzene 
vapors and gases discharged from the storage vessel and operated with no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background and visual inspections, as determined in 
Sec. 61.242-11 (subpart V).
    (2) The control device shall be designed and operated to reduce 
inlet benzene emissions by 95 percent or greater. If a flare is used as 
the control device, it shall meet the specifications described in the 
general control device requirements of 40 CFR 60.18.
    (3) The specifications and requirements listed in paragraphs (c)(1) 
and (c)(2) of this section for closed vent systems and control devices 
do not apply during periods of routine maintenance. During periods of 
routine maintenance, the benzene level in the storage vessel(s) serviced 
by the control device subject to the provisions of Sec. 61.271(c) may be 
lowered but not raised. Periods of routine maintenance shall not exceed 
72 hours as outlined in the maintenance plan required by 
Sec. 61.272(c)(1)(iii).
    (4) The specifications and requirements listed in paragraphs (c)(1) 
and (c)(2) of this section for closed vents

[[Page 152]]

and control devices do not apply during a control system malfunction. A 
control system malfunction means any sudden and unavoidable failure of 
air pollution control equipment. A failure caused entirely or in part by 
design deficiencies, poor maintenance, careless operation, or other 
preventable upset condition or equipment breakdown is not considered a 
malfunction.
    (d) The owner or operator of each affected storage vessel shall meet 
the requirements of paragraph (a), (b), or (c) of this section as 
follows:
    (1) The owner or operator of each existing benzene storage vessel 
shall meet the requirements of paragraph (a), (b), or (c) of this 
section no later than 90 days after September 14, 1989, with the 
exceptions noted in paragraphs (a)(5) and (b)(5), unless a waiver of 
compliance has been approved by the Administrator in accordance with 
Sec. 61.11.
    (2) The owner or operator of each benzene storage vessel upon which 
construction commenced after September 14, 1989, shall meet the 
requirements of paragraph (a), (b), or (c) of this section prior to 
filling (i.e., roof is lifted off leg supports) the storage vessel with 
benzene.
    (3) The owner or operator of each benzene storage vessel upon which 
construction commenced on or after July 28, 1988, and before September 
14, 1989, shall meet the requirements of paragraph (a), (b), or (c) of 
this section on September 14, 1989.

[54 FR 38077, Sept. 14, 1989; 54 FR 50887, Dec. 11, 1989]



Sec. 61.272  Compliance provisions.

    (a) For each vessel complying with Sec. 61.271(a) (fixed roof and 
internal floating roof) each owner or operator shall:
    (1) After installing the control equipment required to comply with 
Sec. 61.271(a), visually inspect the internal floating roof, the primary 
seal, and the secondary seal (if one is in service), prior to filling 
the storage vessel with benzene. If there are holes, tears or other 
openings in the primary seal, the secondary seal, or the seal fabric, or 
defects in the internal floating roof, the owner or operator shall 
repair the items before filling the storage vessel.
    (2) Visually inspect the internal floating roof and the primary seal 
or the secondary seal (if one is in service) through manholes and roof 
hatches on the fixed roof at least once every 12 months after initial 
fill, or at least once every 12 months after September 14, 1989, except 
as provided in paragraph (a)(4)(i) of this section. If the internal 
floating roof is not resting on the surface of the benzene liquid inside 
the storage vessel, or there is liquid on the roof, or the seal is 
detached, or there are holes or tears in the seal fabric, the owner or 
operator shall repair the items or empty and remove the storage vessel 
from service within 45 days. If a failure that is detected during 
inspections required in this paragraph cannot be repaired within 45 days 
and if the vessel cannot be emptied within 45 days, an extension of up 
to 30 additional days may be requested from the Administrator in the 
inspection report required in Sec. 61.275(a). Such a request for an 
extension must document that alternate storage capacity is unavailable 
and specify a schedule of actions the company will take that will ensure 
that the control equipment will be repaired or the vessel will be 
emptied as soon as possible.
    (3) Visually inspect the internal floating roof, the primary seal, 
the secondary seal (if one is in service), gaskets, slotted membranes 
and sleeve seals (if any) each time the storage vessel is emptied and 
degassed. In no event shall inspections conducted in accordance with 
this provision occur at intervals greater than 10 years in the case of 
vessels conducting the annual visual inspections as specified in 
paragraph (a)(2) of this section and at intervals greater than 5 years 
in the case of vessels specified in paragraph (a)(4)(i) of this section.
    (i) For all the inspections required by paragraphs (a)(1) and (a)(3) 
of this section, the owner or operator shall notify the Administrator in 
writing at least 30 days prior to the refilling of each storage vessel 
to afford the Administrator the opportunity to have an observer present. 
If the inspection required by paragraph (a)(3) of this section is not 
planned and the owner or operator could not have known about

[[Page 153]]

the inspection 30 days in advance of refilling the vessel, the owner or 
operator shall notify the Administrator at least 7 days prior to the 
refilling of the storage vessel. Notification shall be made by telephone 
immediately followed by written documentation demonstrating why the 
inspection was unplanned. Alternatively, the notification including the 
written documentation may be made in writing and sent by express mail so 
that it is received by the Administrator at least 7 days prior to 
refilling.
    (ii) If the internal floating roof has defects, the primary seal has 
holes, tears, or other openings in the seal or the seal fabric, or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric, or the gaskets no longer close off the liquid surfaces from 
the atmosphere, or the slotted membrane has more than 10 percent open 
area, the owner or operator shall repair the items as necessary so that 
none of the conditions specified in this paragraph exist before 
refilling the storage vessel with benzene.
    (4) For vessels equipped with a double-seal system as specified in 
Sec. 61.271(a)(2)(ii):
    (i) Visually inspect the vessel as specified in paragraph (a)(3) of 
this section at least every 5 years; or
    (ii) Visually inspect the vessel annually as specified in paragraph 
(a)(2) of this section, and at least every 10 years as specified in 
paragraph (a)(3) of this section.
    (b) For each vessel complying with Sec. 61.271(b) (external floating 
roof) the owner or operator shall:
    (1) Determine the gap areas and maximum gap widths between the 
primary seal and the wall of the storage vessel, and the secondary seal 
and the wall of the storage vessel according to the following frequency.
    (i) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
primary seal (seal gaps) shall be performed during the hydrostatic 
testing of the vessel or within 90 days of the initial fill with benzene 
or within 90 days of September 14, 1989, whichever occurs last, and at 
least once every 5 years thereafter, except as provided in paragraph 
(b)(1)(ii) of this section.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted primary seal and without a secondary seal as provided for in 
Sec. 61.271(b)(5), measurement of gaps between the vessel wall and the 
primary seal (seal gaps) shall be performed within 90 days of September 
14, 1989, and at least once per year thereafter. When a secondary seal 
is installed over the primary seal, measurement of primary seal gaps 
shall be performed within 90 days of installation and at least once 
every 5 years thereafter.
    (iii) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
secondary seal shall be performed within 90 days of the initial fill 
with benzene, within 90 days of installation of the secondary seal, or 
within 90 days after September 14, 1989, whichever occurs last, and at 
least once per year thereafter.
    (iv) If any source ceases to store benzene for a period of 1 year or 
more, subsequent introduction of benzene into the vessel shall be 
considered an initial fill for the purposes of paragraphs (b)(1)(i), 
(b)(1)(ii), and (b)(1)(iii) of this section.
    (2) Determine gap widths and areas in the primary and secondary 
seals individually by the following procedures:
    (i) Measure seal gaps, if any, at one or more floating roof levels 
when the roof is floating off the roof leg supports.
    (ii) Measure seal gaps around the entire circumference of the vessel 
in each place where a 0.32 centimeter (cm) (1/8 in) diameter uniform 
probe passes freely (without forcing or binding against the seal) 
between the seal and the wall of the storage vessel and measure the 
circumferential distance of each such location.
    (iii) The total surface area of each gap described in paragraph 
(b)(2)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the vessel 
wall to the seal and multiplying each such width by its respective 
circumferential distance.

[[Page 154]]

    (3) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually. Divide the sum for each seal 
by the nominal diameter of the vessel and compare each ratio to the 
respective standards in Sec. 61.272(b)(4) and Sec. 61.272(b)(5).
    (4) Repair conditions that do not meet requirements listed in 
paragraph (b)(4) (i) and (ii) within 45 days of identification in any 
inspection or empty and remove the storage vessel from service within 45 
days.
    (i) The accumulated area of gaps between the vessel wall and the 
metallic shoe seal or the liquid-mounted primary seal shall not exceed 
212 cm\2\ per meter of vessel diameter (10.0 in\2\ per foot of vessel 
diameter) and the width of any portion of any gap shall not exceed 3.81 
cm (1\1/2\ in).
    (A) One end of the metallic shoe is to extend into the stored liquid 
and the other end is to extend a minimum vertical distance of 61 cm (24 
in) above the stored liquid surface.
    (B) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (ii) The secondary seal is to meet the following requirements:
    (A) The secondary seal is to be installed above the primary seal so 
that it completely covers the space between the roof edge and the vessel 
wall except as provided in paragraph (b)(4)(ii)(B) of this section.
    (B) The accumulated area of gaps between the vessel wall and the 
secondary seal shall not exceed 21.2 cm\2\ per meter of vessel diameter 
(1.0 in\2\ per foot of vessel diameter) or the width of any portion of 
any gap shall not exceed 1.27 cm (\1/2\ in). These seal gap requirements 
may be exceeded during the measurement of primary seal gaps as required 
by paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (C) There are to be no holes, tears, or other openings in the seal 
or seal fabric.
    (iii) If a failure that is detected during inspections required in 
this paragraph cannot be repaired within 45 days and if the vessel 
cannot be emptied within 45 days, an extension of up to 30 additional 
days may be requested from the Administrator in the inspection report 
required in Sec. 61.275(d). Such extension request must include a 
demonstration of unavailability of alternate storage capacity and a 
specification of a schedule that will assure that the control equipment 
will be repaired or the vessel will be emptied as soon as possible.
    (5) The owner or operator shall notify the Administrator 30 days in 
advance of any gap measurements required by paragraph (b)(1) of this 
section to afford the Administrator the opportunity to have an observer 
present.
    (6) Visually inspect the external floating roof, the primary seal, 
secondary seal, and fittings each time the vessel is emptied and 
degassed.
    (i) If the external floating roof has defects, the primary seal has 
holes, tears, or other openings in the seal or the seal fabric, or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric, the owner or operator shall repair the items as necessary 
so that none of the conditions specified in this paragraph exist before 
filling or refilling the storage vessel with benzene.
    (ii) For all the inspections required by paragraph (b)(6) of this 
section, the owner or operator shall notify the Administrator in writing 
at least 30 days prior to filling or refilling of each storage vessel to 
afford the Administrator the opportunity to inspect the storage vessel 
prior to refilling. If the inspection required by paragraph (b)(6) of 
this section is not planned and the owner or operator could not have 
known about the inspection 30 days in advance of refilling the vessel, 
the owner or operator shall notify the Administrator at least 7 days 
prior to refilling of the storage vessel. Notification shall be made by 
telephone immediately followed by written documentation demonstrating 
why the inspection was unplanned. Alternatively, this notification 
including the written documentation may be made in writing and sent by 
express mail so that it is received by the Administrator at least 7 days 
prior to the refilling.
    (c) The owner or operator of each source that is equipped with a 
closed vent system and control device as required in Sec. 60.271(c), 
other than a flare, shall meet the following requirements.

[[Page 155]]

    (1) Within 90 days after initial fill or after September 14, 1989, 
whichever comes last, submit for approval by the Administrator, an 
operating plan containing the information listed below.
    (i) Documentation demonstrating that the control device being used 
achieves the required control efficiency during reasonably expected 
maximum loading conditions. This documentation is to include a 
description of the gas stream which enters the control device, including 
flow and benzene content under varying liquid level conditions (dynamic 
and static) and manufacturer's design specifications for the control 
device. If the control device or the closed vent capture system receives 
vapors, gases or liquids, other than fuels, from sources that are not 
designated sources under this subpart, the efficiency demonstration is 
to include consideration of all vapors, gases and liquids received by 
the closed vent capture system and control device. If an enclosed 
combustion device with a minimum residence time of 0.75 seconds and a 
minimum temperature of 816  deg.C is used to meet the 95 percent 
requirement, documentation that those conditions exist is sufficient to 
meet the requirements of this paragraph.
    (ii) A description of the parameter or parameters to be monitored to 
ensure that the control device is operated and maintained in conformance 
with its design and an explanation of the criteria used for selection of 
that parameter (or parameters).
    (iii) A maintenance plan for the system including the type of 
maintenance necessary, planned frequency of maintenance, and lengths of 
maintenance periods for those operations that would require the closed 
vent system or the control device to be out of compliance with 
Sec. 61.271(c). The maintenance plan shall require that the system be 
out of compliance with Sec. 61.271(c) for no more than 72 hours per 
year.
    (2) Operate, monitor the parameters, and maintain the closed vent 
system and control device in accordance with the operating plan 
submitted to the Administrator in accordance with paragraph (c)(1) of 
this section, unless the plan was modified by the Administrator during 
the approval process. In this case, the modified plan applies.
    (d) The owner or operator of each source that is equipped with a 
closed vent system and a flare to meet the requirements in 
Sec. 61.271(c) shall meet the requirements as specified in the general 
control device requirements in 40 CFR 6O.18 (e) and (f).



Sec. 61.273  Alternative means of emission limitation.

    (a) Upon written application from any person, the Administrator may 
approve the use of alternative means of emission limitation which have 
been demonstrated to his satisfaction to achieve a reduction in benzene 
emissions at least equivalent to the reduction in emissions achieved by 
any requirement in Sec. 61.271 (a), (b), or (c) of this subpart.
    (b) Determination of equivalence to the reduction in emissions 
achieved by the requirements of Sec. 61.271 (a), (b), or (c) will be 
evaluated using the following information to be included in the written 
application to the Administrator:
    (1) Actual emissions tests that use full-size or scale-model storage 
vessels that accurately collect and measure all benzene emissions from a 
given control device, and that accurately simulate wind and account for 
other emission variables such as temperature and barometric pressure.
    (2) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (c) The Administrator may condition approval of equivalency on 
requirements that may be necessary to ensure operation and maintenance 
to achieve the same emission reduction as the requirements of 
Sec. 61.271 (a), (b), or (c).
    (d) If, in the Administrator's judgment, an application for 
equivalence may be approvable, the Administrator will publish a notice 
of preliminary determination in the Federal Register and provide the 
opportunity for public hearing. After notice and opportunity for public 
hearing, the Administrator will determine the equivalence of the 
alternative means of emission limitation and will publish the final 
determination in the Federal Register.

[[Page 156]]



Sec. 61.274  Initial report.

    (a) The owner or operator of each storage vessel to which this 
subpart applies and which has a design capacity greater than or equal to 
38 cubic meters (10,000 gallons) shall submit an initial report 
describing the controls which will be applied to meet the equipment 
requirements in Sec. 61.271. For an existing storage vessel or a new 
storage vessel for which construction and operation commenced prior to 
September 14, 1989, this report shall be submitted within 90 days of 
September 14, 1989, and can be combined with the report required by 
Sec. 61.10. For a new storage vessel for which construction or operation 
commenced on or after September 14, 1989, the report shall be combined 
with the report required by Sec. 61.07. In the case where the owner or 
operator seeks to comply with Sec. 61.271(c) with a control device other 
than a flare, this information may consist of the information required 
by 61.272(c)(1).
    (b) The owner or operator of each storage vessel seeking to comply 
with Sec. 61.271(c) with a flare, shall submit a report containing the 
measurements required by 40 CFR 60.18(f) (1), (2), (3), (4), (5), and 
(6). For the owner or operator of an existing storage vessel not seeking 
to obtain a waiver or a new storage vessel for which construction and 
operation commenced prior to September 14, 1989, this report shall be 
combined with the report required by paragraph (a) of this section. For 
the owner or operator of an existing storage vessel seeking to obtain a 
waiver, the reporting date will be established in the response to the 
waiver request. For the owner or operator of a new storage vessel for 
which construction or operation commenced after September 14, 1989, the 
report shall be submitted within 9O days of the date the vessel is 
initially filled (or partially filled) with benzene.



Sec. 61.275  Periodic report.

    (a) The owner or operator of each storage vessel to which this 
subpart applies after installing control equipment in accordance with 
Sec. 61.271(a) (fixed roof and internal floating roof) shall submit a 
report describing the results of each inspection conducted in accordance 
with Sec. 61.272(a). For vessels for which annual inspections are 
required under Sec. 61.272(a)(2), the first report is to be submitted no 
more than 12 months after the initial report submitted in accordance 
with Sec. 61.274, and each report is to be submitted within 60 days of 
each annual inspection.
    (1) Each report shall include the date of the inspection of each 
storage vessel and identify each storage vessel in which:
    (i) The internal floating roof is not resting on the surface of the 
benzene liquid inside the storage vessel, or there is liquid on the 
roof, or the seal is detached from the internal floating roof, or there 
are holes, tears or other openings in the seal or seal fabric; or
    (ii) There are visible gaps between the seal and the wall of the 
storage vessel.
    (2) Where an annual report identifies any condition in paragraph 
(a)(1) of this section the annual report shall describe the nature of 
the defect, the date the storage vessel was emptied, and the nature of 
an date the repair was made, except as provided in paragraph (a)(3) of 
this section.
    (3) If an extension is requested in an annual periodic report in 
accordance with Sec. 61.272(a)(2), a supplemental periodic report shall 
be submitted within 15 days of repair. The supplemental periodic report 
shall identify the vessel and describe the date the storage vessel was 
emptied and the nature of and date the repair was made.
    (b) The owner or operator of each storage vessel to which this 
subpart applies after installing control equipment in accordance with 
Sec. 61.271(a) (fixed roof and internal floating roof) shall submit a 
report describing the results of each inspection conducted in accordance 
with Sec. 61.272(a) (3) or (4).
    (1) The report is to be submitted within 60 days of conducting each 
inspection required by Sec. 61.272(a) (3) or (4).
    (2) Each report shall identify each storage vessel in which the 
owner or operator finds that the internal floating roof has defects, the 
primary seal has holes, tears, or other openings in the seal or the seal 
fabric, or the secondary seal (if one has been installed) has holes, 
tears, or other openings in

[[Page 157]]

the seal or the seal fabric, or the gaskets no longer close off the 
liquid surfaces from the atmosphere, or the slotted membrane has more 
than 10 percent open area. The report shall also describe the nature of 
the defect, the date the storage vessel was emptied, and the nature of 
and date the repair was made.
    (c) Any owner or operator of an existing storage vessel which had an 
internal floating roof with a continuous seal as of July 28, 1988, and 
which seeks to comply with the requirements of Sec. 61.271(a)(5) during 
the first time after September 14, 1989, when the vessel is emptied and 
degassed but no later than 10 years from September 14, 1989, shall 
notify the Administrator 30 days prior to the completion of the 
installation of such controls and the date of refilling of the vessel so 
the Administrator has an opportunity to have an observer present to 
inspect the storage vessel before it is refilled. This report can be 
combined with the one required by Sec. 61.275(b).
    (d) The owner or operator of each storage vessel to which this 
subpart applies after installing control equipment in accordance with 
Sec. 61.271(b) (external floating roof) shall submit a report describing 
the results of each seal gap measurement made in accordance with 
Sec. 61.272(b). The first report is to be submitted no more than 12 
months after the initial report submitted in accordance with 
Sec. 61.274(a), and each annual periodic report is to be submitted 
within 60 days of each annual inspection.
    (1) Each report shall include the date of the measurement, the raw 
data obtained in the measurement, and the calculations described in 
Sec. 61.272(b) (2) and (3), and shall identify each storage vessel which 
does not meet the gap specifications of Sec. 61.272(b). Where an annual 
report identifies any vessel not meeting the seal gap specifications of 
Sec. 61.272(b) the report shall describe the date the storage vessel was 
emptied, the measures used to correct the condition and the date the 
storage vessel was brought into compliance.
    (2) If an extension is requested in an annual periodic report in 
accordance with Sec. 61.272(b)(4)(iii), a supplemental periodic report 
shall be submitted within 15 days of repair. The supplemental periodic 
report shall identify the vessel and describe the date the vessel was 
emptied and the nature of and date the repair was made.
    (e) Excess emission report.
    (1) The owner or operator of each source seeking to comply with 
Sec. 61.271(c) (vessels equipped with closed vent systems with control 
devices) shall submit a quarterly report informing the Administrator of 
each occurrence that results in excess emissions. Excess emissions are 
emissions that occur at any time when compliance with the specifications 
and requirements of Sec. 61.271(c) are not achieved, as evidenced by the 
parameters being measured in accordance with Sec. 61.272(c)(1)(ii) if a 
control device other than a flare is used, or by the measurements 
required in Sec. 61.272(d) and the general control device requirements 
in 40 CFR 60.18(f) (1) and (2) if a flare is used.
    (2) The owner or operator shall submit the following information as 
a minimum in the report required by (e)(1) of this section:
    (i) Identify the stack and other emission points where the excess 
emissions occurred;
    (ii) A statement of whether or not the owner or operator believes a 
control system malfunction has occurred.
    (3) If the owner or operator states that a control system 
malfunction has occurred, the following information as a minimum is also 
to be included in the report required under paragraph (e)(1) of this 
section:
    (i) Time and duration of the control system malfunction as 
determined by continuous monitoring data (if any), or the inspections or 
monitoring done in accordance with the operating plan required by 
Sec. 61.272(c).
    (ii) Cause of excess emissions.



Sec. 61.276  Recordkeeping.

    (a) Each owner or operator with a storage vessel subject to this 
subpart shall keep copies of all the reports and records required by 
this subpart for at least 2 years, except as specified in paragraphs (b) 
and (c)(1) of this section.
    (b) Each owner or operator with a storage vessel, including any 
vessel which has a design storage capacity

[[Page 158]]

less than 38 cubic meters (10,000 gallons), shall keep readily 
accessible records showing the dimensions of the storage vessel and an 
analysis showing the capacity of the storage vessel. This record shall 
be kept as long as the storage vessel is in operation. Each storage 
vessel with a design capacity of less than 38 cubic meters (10,000 
gallons) is subject to no provisions of this subpart other than those 
required by this paragraph.
    (c) The following information pertaining to closed vent system and 
control devices shall be kept in a readily accessible location.
    (1) A copy of the operating plan. This record shall be kept as long 
as the closed vent system and control device is in use.
    (2) A record of the measured values of the parameters monitored in 
accordance with Sec. 61.272(c)(1)(ii) and Sec. 61.272(c)(2).
    (3) A record of the maintenance performed in accordance with 
Sec. 61.272(c)(1)(iii) of the operating plan, including the following:
    (i) The duration of each time the closed vent system and control 
device does not meet the specifications of Sec. 61.271(c) due to 
maintenance, including the following:
    (A) The first time of day and date the requirements of 61.271(c) 
were not met at the beginning of maintenance.
    (B) The first time of day and date the requirements of 
Sec. 61.271(c) were met at the conclusion of maintenance.
    (C) A continuous record of the liquid level in each storage vessel 
that the closed vent system and control device receive vapors from 
during the interval between the times specified by (c)(3)(i)(A) and 
(c)(3)(i)(B). Pumping records (simultaneous input and output) may be 
substituted for records of the liquid level.



Sec. 61.277  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec. 61.273.



                        Subparts Z-AA--[Reserved]



   Subpart BB--National Emission Standard for Benzene Emissions From 
                       Benzene Transfer Operations

    Source: At 55 FR 8341, Mar. 7, 1990, unless otherwise noted.



Sec. 61.300  Applicability.

    (a) The affected facility to which this subpart applies is the total 
of all loading racks at which benzene is loaded into tank trucks, 
railcars, or marine vessels at each benzene production facility and each 
bulk terminal. However, specifically exempted from this regulation are 
loading racks at which only the following are loaded: Benzene-laden 
waste (covered under subpart FF of this part), gasoline, crude oil, 
natural gas liquids, petroleum distillates (e.g., fuel oil, diesel, or 
kerosene), or benzene-laden liquid from coke by-product recovery plants.
    (b) Any affected facility under paragraph (a) of this section which 
loads only liquid containing less than 70 weight-percent benzene is 
exempt from the requirements of this subpart, except for the 
recordkeeping and reporting requirements in Sec. 61.305(i).
    (c) Any affected facility under paragraph (a) of this section shall 
comply with the standards in Sec. 61.302 at each loading rack that is 
handling a liquid containing 70 weight-percent or more benzene.
    (d) Any affected facility under paragraph (a) of this section whose 
annual benzene loading is less than 1.3 million liters of 70 weight-
percent or more benzene is exempt from the requirements of this subpart, 
except for the recordkeeping and reporting requirements in 
Sec. 61.305(i).
    (e) The owner or operator of an affected facility, as defined in 
Sec. 61.300(a) that loads a marine vessel shall be in compliance with 
the provisions of this subpart on and after July 23, 1991. If an 
affected facility that loads a marine vessel also loads a tank truck or 
railcar, the marine vessel loading racks shall be in compliance with the 
provisions of this subpart on and after July 23, 1991, while the tank 
truck loading racks and the railcar loading racks

[[Page 159]]

shall be in compliance as required by Sec. 61.12.

[55 FR 8341, Mar. 7, 1990, as amended at 55 FR 45804, Oct. 31, 1990]



Sec. 61.301  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, or in subpart A or subpart V of part 61.
    Bulk terminal means any facility which receives liquid product 
containing benzene by pipelines, marine vessels, tank trucks, or 
railcars, and loads the product for further distribution into tank 
trucks, railcars, or marine vessels.
    Car-sealed means having a seal that is placed on the device used to 
change the position of a valve (e.g., from open to closed) such that the 
position of the valve cannot be changed without breaking the seal and 
requiring the replacement of the old seal, once broken, with a new seal.
    Control device means all equipment used for recovering or oxidizing 
benzene vapors displaced from the affected facility.
    Incinerator means any enclosed combustion device that is used for 
destroying organic compounds and that does not extract energy in the 
form of steam or process heat. These devices do not rely on the heating 
value of the waste gas to sustain efficient combustion. Auxiliary fuel 
is burned in the device and the heat from the fuel flame heats the waste 
gas to combustion temperature. Temperature is controlled by controlling 
combustion air or fuel.
    Leak means any instrument reading of 10,000 ppmv or greater using 
method 21 of 40 CFR part 60, appendix A.
    Loading cycle means the time period from the beginning of filling a 
tank truck, railcar, or marine vessel until flow to the control device 
ceases, as measured by the flow indicator.
    Loading rack means the loading arms, pumps, meters, shutoff valves, 
relief valves, and other piping and valves necessary to fill tank 
trucks, railcars, or marine vessels.
    Marine vessel means any tank ship or tank barge which transports 
liquid product such as benzene.
    Nonvapor tight means any tank truck, railcar, or marine vessel that 
does not pass the required vapor-tightness test.
    Process heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubes, except water that is heated 
to produce steam.
    Steam generating unit means any enclosed combustion device that uses 
fuel energy in the form of steam.
    Vapor collection system means any equipment located at the affected 
facility used for containing benzene vapors displaced during the loading 
of tank trucks, railcars, or marine vessels. This does not include the 
vapor collection system that is part of any tank truck, railcar, or 
marine vessel vapor collection manifold system.
    Vapor-tight marine vessel means a marine vessel with a benzene 
product tank that has been demonstrated within the preceding 12 months 
to have no leaks. This demonstration shall be made using method 21 of 
part 60, appendix A, during the last 20 percent of loading and during a 
period when the vessel is being loaded at its maximum loading rate. A 
reading of greater than 10,000 ppm as methane shall constitute a leak. 
As an alternative, a marine vessel owner or operator may use the vapor-
tightness test described in Sec. 61.304(f) to demonstrate vapor 
tightness. A marine vessel operated at negative pressure is assumed to 
be vapor-tight for the purpose of this standard.
    Vapor-tight tank truck or vapor-tight railcar means a tank truck or 
railcar for which it has been demonstrated within the preceding 12 
months that its product tank will sustain a pressure change of not more 
than 750 pascals within 5 minutes after it is pressurized to a minimum 
of 4,500 pascals. This capability is to be demonstrated using the 
pressure test procedure specified in method 27 of part 60, appendix A, 
and a pressure measurement device which has a precision of 
2.5 mm water and which is capable of measuring above the 
pressure at which the tank truck or railcar is to be tested for vapor 
tightness.



Sec. 61.302  Standards.

    (a) The owner or operator of an affected facility shall equip each 
loading

[[Page 160]]

rack with a vapor collection system that is:
    (1) Designed to collect all benzene vapors displaced from tank 
trucks, railcars, or marine vessels during loading, and
    (2) Designed to prevent any benzene vapors collected at one loading 
rack from passing through another loading rack to the atmosphere.
    (b) The owner or operator of an affected facility shall install a 
control device and reduce benzene emissions routed to the atmosphere 
through the control device by 98 weight percent. If a boiler or process 
heater is used to comply with the percent reduction requirement, then 
the vent stream shall be introduced into the flame zone of such a 
device.
    (c) The owner or operator of an affected facility shall operate any 
flare used to comply with paragraph (b) of this section in accordance 
with the requirements of Sec. 60.18 (b) through (f).
    (d) The owner or operator of an affected facility shall limit 
loading of benzene into vapor-tight tank trucks and vapor-tight railcars 
using the following procedures:
    (1) The owner or operator shall obtain the vapor-tightness 
documentation described in Sec. 61.305(h) for each tank truck or railcar 
loaded at the affected facility. The test date in the documentation must 
be within the preceding 12 months. The vapor-tightness test to be used 
for tank trucks and railcars is method 27 of part 60, appendix A.
    (2) The owner or operator shall cross-check the identification 
number for each tank truck or railcar to be loaded with the file of 
vapor-tightness documentation before the corresponding tank truck or 
railcar is loaded. If no documentation is on file, the owner or operator 
shall obtain a copy of the information from the tank truck or railcar 
operator before the tank truck or railcar is loaded.
    (3) Alternate procedures to those described in paragraphs (d)(1) and 
(d)(2) of this section may be used upon application to, and approval by, 
the Administrator.
    (e) The owner or operator of an affected facility shall limit the 
loading of marine vessels to those vessels that are vapor tight as 
determined by either paragraph (e)(1), (e)(2), (e)(3), or (e)(4) of this 
section.
    (1) The owner or operator of an affected facility shall ensure that 
each marine vessel is loaded with the benzene product tank below 
atmospheric pressure (i.e., at negative pressure). If the pressure is 
measured at the interface between the shoreside vapor collection pipe 
and the marine vessel vapor line, the pressure measured according to the 
procedures in Sec. 61.303(f) must be below atmospheric pressure.
    (2) The owner or operator of an affected facility shall use the 
following procedure to obtain the vapor-tightness documentation 
described in Sec. 61.305(h). The vapor-tightness test for marine vessels 
is method 21 of part 60, appendix A, and shall be applied to any 
potential sources of vapor leaks. A reading of 10,000 ppmv or greater as 
methane shall constitute a leak.
    (i) The owner or operator of an affected facility shall obtain the 
leak test documentation described in Sec. 61.305(h) for each marine 
vessel prior to loading, if available. The date of the test listed in 
the documentation must be within the 12 preceding months.
    (ii) If there is no documentation of a successful leak test 
conducted on the marine vessel in the preceding 12 months, the owner or 
operator of an affected facility shall require that a leak test of the 
marine vessel be conducted during the final 20 percent of loading of the 
marine vessel or shall not load the vessel. The test shall be conducted 
when the marine vessel is being loaded at the maximum allowable loading 
rate.
    (A) If no leak is detected, the owner or operator of an affected 
facility shall require that the documentation described in 
Sec. 61.305(h) is completed prior to departure of the vessel. The owner 
or operator of the affected facility shall retain a copy of the vapor-
tightness documentation on file.
    (B) If any leak is detected, the owner or operator of an affected 
facility shall require that the vapor-tightness failure be documented 
for the marine vessel owner or operator prior to departure of the 
vessel. The owner or operator of the affected facility shall retain a 
copy of the vapor-tightness documentation

[[Page 161]]

on file. Delay of repair of equipment for which leaks have been detected 
will be allowed if the repair is technically infeasible without dry-
docking the vessel. This equipment will be excluded from future method 
21 tests until repairs are effected. Repair of this equipment shall 
occur the next time the vessel is dry-docked.
    (iii) If the marine vessel has failed its most recent vapor-
tightness test as described in Sec. 61.302(e)(2)(ii), the owner or 
operator of the affected facility shall require that the owner or 
operator of the nonvapor-tight marine vessel provide documentation that 
the leaks detected during the previous vapor-tightness test have been 
repaired, or proof that repair is technically infeasible without dry-
docking the vessel. Once the repair documentation has been provided, the 
owner or operator may load the marine vessel. The owner or operator 
shall require that the vapor-tightness test described in 
Sec. 61.302(e)(2)(ii) be conducted during loading, and shall retain a 
copy of the vapor-tightness documentation on file.
    (3) The owner or operator of an affected facility shall obtain a 
copy of the marine vessel's vapor-tightness documentation described in 
Sec. 61.305(h) for a test conducted within the preceding 12 months in 
accordance with Sec. 61.304(f).
    (4) Alternate procedures to those described in paragraphs (e)(1), 
(e)(2) and (e)(3) of this section may be used upon application to, and 
approval by, the Administrator.
    (f) The owner or operator of an affected facility shall limit 
loading of benzene to tank trucks, railcars, and marine vessels equipped 
with vapor collection equipment that is compatible with the affected 
facility's vapor collection system.
    (g) The owner or operator of an affected facility shall limit 
loading of tank trucks, railcars, and marine vessels to tank trucks, 
railcars, and marine vessels whose collection systems are connected to 
the affected facility's vapor collection systems.
    (h) The owner or operator of an affected facility shall ensure that 
the vapor collection and benzene loading equipment of tank trucks and 
railcars shall be designed and operated to prevent gauge pressure in the 
tank truck or railcar tank from exceeding, during loading, the initial 
pressure the tank was pressured up to and shown to be vapor tight at 
during the most recent vapor-tightness test using method 27 of part 60, 
appendix A. This vapor-tightness test pressure is not to be exceeded 
when measured by the procedures specified in Sec. 61.304(c).
    (i) The owner or operator of an affected facility shall ensure that 
no pressure-vacuum vent in the affected facility's vapor collection 
system for tank trucks and railcars shall begin to open at a system 
pressure less than the maximum pressure at which the tank truck or 
railcar is operated.
    (j) The owner or operator of an affected facility shall ensure that 
the maximum normal operating pressure of the marine vessel's vapor 
collection equipment shall not exceed 0.8 times the relief set pressure 
of the pressure-vacuum vents. This level is not to be exceeded when 
measured by the procedures specified in Sec. 61.304(d).
    (k) The owner or operator of an affected facility shall inspect the 
vapor collection system and the control device for detectable emissions, 
and shall repair any leaks detected, in accordance with Sec. 61.242-11 
(e) and (f). This inspection of the vapor collection system and control 
device shall be done during the loading of tank trucks, railcars, or 
marine vessels.
    (l) Vent systems that contain valves that could divert a vent stream 
from a control device shall have car-sealed opened all valves in the 
vent system from the emission source to the control device, and car-
sealed closed all valves in the vent system that would lead the vent 
stream to the atmosphere, either directly or indirectly, bypassing the 
control device.



Sec. 61.303  Monitoring requirements.

    (a) Each owner or operator of an affected facility that uses an 
incinerator to comply with the percent reduction requirement specified 
under Sec. 61.302(b) shall install, calibrate, maintain, and operate 
according to manufacturer's specifications a temperature monitoring 
device equipped with a continuous recorder and having an accuracy of 
1 percent of the combustion temperature

[[Page 162]]

being measured expressed in degrees Celsius or 0.5 deg.C, 
whichever is greater.
    (1) Where an incinerator other than a catalytic incinerator is used, 
the owner or operator of the affected facility shall install a 
temperature monitoring device in the firebox.
    (2) Where a catalytic incinerator is used, the owner or operator 
shall install temperature monitoring devices in the gas stream 
immediately before and after the catalyst bed.
    (b) Each owner or operator of an affected facility that uses a flare 
to comply with Sec. 61.302(b) shall install, calibrate, maintain, and 
operate according to manufacturer's specifications a heat sensing 
device, such as an ultraviolet beam sensor or thermocouple, at the pilot 
light to indicate the presence of a flame during the entire loading 
cycle.
    (c) Each owner or operator of an affected facility that uses a steam 
generating unit or process heater to comply with Sec. 61.302(b) shall 
comply with the following requirements. Where a steam generating unit 
with a design heat input capacity of less than 44 MW is used to comply 
with Sec. 61.302(b), the owner or operator of an affected facility shall 
comply with paragraph (c)(1) of this section. Where a steam generating 
unit or process heater with a design heat input capacity of 44 MW or 
greater is used to comply with Sec. 61.302(b), the owner or operator of 
an affected facility shall comply with paragraph (c)(2) of this section.
    (1) Install in the firebox, calibrate, maintain, and operate 
according to manufacturer's specifications a temperature monitoring 
device equipped with a continuous recorder and having an accuracy of 
1 percent of the temperature being measured expressed in 
degrees Celsius or 0.5 deg.C, whichever is greater, for 
steam generating units or process heaters of less than 44 MW design heat 
input capacity.
    (2) Monitor and record the periods of operation of the steam 
generating units or process heater if the design heat input capacity of 
the steam generating unit or process heater is 44 MW or greater. The 
records must be readily available for inspection.
    (d) Each owner or operator of an affected facility that uses a 
carbon adsorption system to comply with the percent reduction 
requirement specified under Sec. 61.302(b) shall install, calibrate, 
maintain, and operate according to manufacturer's specifications a 
device that continuously indicates and records the concentration or 
reading of organic compounds in the outlet gas stream of each carbon 
adsorber bed.
    (e) The owner or operator of an affected facility who wishes to 
demonstrate compliance with the standards specified under Sec. 61.302(b) 
using control devices other than an incinerator, steam generating unit, 
process heater, carbon adsorber, or flare shall provide the 
Administrator with information describing the operation of the control 
device and the process parameter(s) that would indicate proper operation 
and maintenance of the device. The Administrator may request further 
information and will specify appropriate monitoring procedures or 
requirements.
    (f) Each owner or operator of an affected facility complying with 
Sec. 61.302(e)(1) shall install, calibrate, maintain, and operate a 
recording pressure measurement device (magnehelic gauge or equivalent 
device) and an audible and visible alarm system that is activated when 
the pressure vacuum specified in Sec. 61.302(e)(1) is not attained. The 
owner or operator shall place the alarm system so that it can be seen 
and heard where cargo transfer is controlled and on the open deck.
    (g) Owners or operators using a vent system that contains valves 
that could divert a vent stream from a control device used to comply 
with the provisions of this subpart shall do one or a combination of the 
following:
    (1) Install a flow indicator immediately downstream of each valve 
that if opened would allow a vent stream to bypass the control device 
and be emitted, either directly or indirectly, to the atmosphere. The 
flow indicator shall be capable of recording flow at least once every 15 
minutes.
    (2) Monitor the valves once a month, checking the position of the 
valves and the condition of the car seal, and identify all times when 
the car seals have been broken and the valve position has been changed 
(i.e., from opened to closed for valves in the vent piping to the 
control device and from closed to

[[Page 163]]

open for valves that allow the stream to be vented directly or 
indirectly to the atmosphere).



Sec. 61.304  Test methods and procedures.

    (a) The procedures for determining compliance with Sec. 61.302(b) 
for all control devices other than flares is as follows:
    (1) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (2) The time period for a performance test shall be not less than 6 
hours, during which at least 300,000 liters of benzene are loaded. If 
the throughput criterion is not met during the initial 6 hours, the test 
may be either continued until the throughput criterion is met, or 
resumed the next day with at least another 6 complete hours of testing.
    (3) For intermittent control devices:
    (i) The vapor holder level of the intermittent control device shall 
be recorded at the start of the performance test. The end of the 
performance test shall coincide with the time when the vapor holder is 
at its original level.
    (ii) At least two startups and shutdowns of the control device shall 
occur during the performance test. If this does not occur under an 
automatically controlled operation, the system shall be manually 
controlled.
    (4) An emission testing interval shall consist of each 5-minute 
period during the performance test. For each interval:
    (i) The reading from each measurement instrument shall be recorded.
    (ii) Method 1 or 1A of part 60, appendix A, as appropriate, shall be 
used for selection of the sampling site,
    (iii) The volume exhausted shall be determined using method 2, 2A, 
2C, or 2D of part 60, appendix A, as appropriate.
    (iv) The average benzene concentration upstream and downstream of 
the control device in the vent shall be determined using method 25A or 
method 25B of appendix A of this part, using benzene as the calibration 
gas. The average benzene concentration shall correspond to the volume 
measurement by taking into account the sampling system response time.
    (5) The mass emitted during each testing interval shall be 
calculated as follows:

Mi=FKVSC
where:
Mi=Mass of benzene emitted during testing interval i, kg.
Vs=Volume of air-vapor mixture exhausted, m\3\ at standard 
          conditions.
C=Benzene concentration (as measured) at the exhaust vent, ppmv.
K=Density, (kg/m\3\ benzene), standard conditions.
K=3.25 for benzene.
F=Conversion factor, (m\3\ benzene/m\3\ air)(1/ppmv).
F=10/-6/.
s=Standard conditions, 20  deg.C and 760 mm Hg.

    (6) The benzene mass emission rates before and after the control 
device shall be calculated as follows:


                                          n                             
                                      i                         
                                  E=   ----  --                         
                                          T                             
                                                                        

where:
E=Mass flow rate of benzene emitted, kg/hr.
Mi=Mass of benzene emitted during testing interval i, kg.
T=Total time of all testing intervals, hr.
n=Number of testing intervals.


    (7) The percent reduction across the control device shall be 
calculated as follows:

                                                                        
                                       Eb-Ea                            
                                  R= ---------  (100)                   
                                         Eb                             
                                                                        

where:
R=Control efficiency of control device, %.
Eb=Mass flow rate of benzene prior to control device, kg/hr.
Ea=Mass flow rate of benzene after control device, kg/hr.


    (b) When a flare is used to comply with Sec. 61.302(b), a 
performance test according to method 22 of appendix A of this part, 
shall be performed to determine visible emissions. The observation 
period shall be at least 2 hours and shall be conducted according to 
method 22. Performance testing shall be conducted during at least three 
complete loading cycles with a separate test run for each loading cycle. 
The observation period for detecting visible emissions shall encompass 
each loading cycle. Integrated sampling to measure process

[[Page 164]]

vent stream flow rate shall be performed continuously during each 
loading cycle.
    (c) For the purpose of determining compliance with Sec. 61.302(h), 
the following procedures shall be used:
    (1) Calibrate and install a pressure measurement device (liquid 
manometer, magnehelic gauge, or equivalent instrument), which has a 
precision of 2.5 mm H20 in the range that the tank 
truck or railcar was initially pressured to during the most recent 
vapor-tightness test.
    (2) Connect the pressure measurement device to a pressure tap in the 
affected facility's vapor collection system, located as close as 
possible to the connection with the tank truck or railcar.
    (3) During the performance test, record the pressure every 5 minutes 
while a tank truck or railcar is being loaded, and record the highest 
instantaneous pressure that occurs during each loading cycle. Every 
loading rack shall be tested at least once during the performance test.
    (4) If more than one loading rack is used simultaneously, then the 
performance test shall be conducted simultaneously to represent the 
maximum capacity.
    (d) For the purpose of determining compliance with Sec. 61.302(j), 
the following procedures shall be used:
    (1) Calibrate and install a pressure measurement device (liquid 
manometer, magnehelic gauge, or equivalent instrument), capable of 
measuring up to the relief set pressure of the pressure-vacuum vents.
    (2) Connect the pressure measurement device to a pressure tap in the 
affected facility's vapor collection system, located as close as 
possible to the connection with the marine vessel.
    (3) During the performance test, record the pressure every 5 minutes 
while a marine vessel is being loaded, and record the highest 
instantaneous pressure that occurs during each loading cycle.
    (e) Immediately prior to a performance test required for 
determination of compliance with Sec. 61.302(b), all potential sources 
of vapor leakage in the affected facility's vapor collection system 
equipment shall be inspected for detectable emissions as required in 
Sec. 61.302(k). The monitoring shall be conducted only while a vapor-
tight tank truck, railcar, or marine vessel is being loaded. All 
identified leaks in the terminal's vapor collection system shall be 
repaired prior to conducting the performance test.
    (f) The following test method shall be used to comply with the 
marine vessel vapor-tightness requirements of Sec. 61.302(e)(3):
    (1) Each benzene product tank shall be pressurized with dry air or 
inert gas to not less than 1.0 psig and not more than the pressure of 
the lowest relief valve setting.
    (2) Once the pressure is obtained, the dry air or inert gas source 
shall be shut off.
    (3) At the end of one-half hour, the pressure in the benzene product 
tank and piping shall be measured. The change in pressure shall be 
calculated using the following formula:


P=Pi--Pf
where:
P=Change in pressure, inches of water.
Pi=Pressure in tank when air/gas source is shut off, inches of 
          water.
Pf=Pressure in tank at the end of one-half hour after air/gas 
          source is shut off, inches of water.
    (4) The change in pressure, P, shall be compared to the 
pressure drop calculated using the following formula:

PM=0.861 Pia L/V
where:
PM=Maximum allowable pressure change, inches of water.
Pia=Pressure in tank when air/gas source is shut off, pounds per 
          square inch, absolute (psia).
L=Maximum permitted loading rate of vessel, barrels per hour.
V=Total volume of product tank, barrels.

    (5) If PPM, the vessel is vapor tight.
    (6) If P>PM, the vessel is not vapor tight and the 
source of the leak must be identified and repaired prior to retesting.

[55 FR 8341, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990



Sec. 61.305  Reporting and recordkeeping.

    (a) Each owner or operator of an affected facility subject to the 
provisions of this subpart shall keep an up-to-

[[Page 165]]

date, readily accessible record of the following data measured during 
each performance test, and also include the following data in the report 
of the initial performance test required under Sec. 61.13. Where a steam 
generating unit or process heater with a design heat input capacity of 
44 MW or greater is used to comply with Sec. 61.302(b), a report 
containing performance test data need not be submitted, but a report 
containing the information in Sec. 61.305(a)(3)(i) is required.
    (1) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec. 61.302(b) through use of an incinerator:
    (i) The average firebox temperature of the incinerator (or the 
average temperature upstream and downstream of the catalyst bed), 
measured at least every 2 minutes during a loading cycle if the total 
time period of the loading cycle is less than 3 hours and every 15 
minutes if the total time period of the loading cycle is equal to or 
greater than 3 hours. The measured temperature shall be averaged over 
the loading cycle.
    (ii) The percent reduction of benzene determined as specified in 
Sec. 61.304(a) achieved by the incinerator.
    (iii) The duration of the loading cycle.
    (2) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec. 61.302 (b) and (c) through use of a 
smokeless flare or other flare design (i.e., steam-assisted, air-
assisted or nonassisted), all visible emission readings, heat content 
determination, flow rate measurements, maximum permitted velocity 
calculations, and exit velocity determinations made during the 
performance test, continuous records of the flare pilot flame monitoring 
measured continuously during the loading cycle, duration of all loading 
cycles and records of all loading cycles during which the pilot flame is 
absent for each vent stream.
    (3) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec. 61.302(b) through the use of a steam 
generating unit or process heater:
    (i) A description of the location at which the vent stream is 
introduced into the steam generating unit or process heater.
    (ii) The average combustion temperature of the steam generating unit 
or process heater with a design heat input capacity of less than 44 MW 
measured at least every 2 minutes during a loading cycle if the total 
time period of the loading cycle is less than 3 hours and every 15 
minutes if the total time period of the loading cycle is equal to or 
greater than 3 hours. The measured temperature shall be averaged over 
the loading cycle.
    (iii) The duration of the loading cycle.
    (4) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec. 61.302(b) through the use of a carbon 
adsorption system, the control efficiency, R, of the carbon adsorption 
system, and all supporting performance test data and calculations used 
to determine that value.
    (5) Each owner or operator subject to the provisions of this subpart 
shall submit with the initial performance test an engineering report 
describing in detail the vent system used to vent each affected vent 
stream to a control device. This report shall include all valves and 
vent pipes that could vent the stream to the atmosphere, thereby 
bypassing the control device, and identify which valves are car-sealed 
opened and which valves are car-sealed closed.
    (b) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under 
Sec. 61.303 (a), (c), and (d) as well as up-to-date, readily accessible 
records of periods of operation during which the parameter boundaries 
established during the most recent performance test are exceeded. The 
Administrator may at any time require a report of these data. Periods of 
operation during which the parameter boundaries established during the 
most recent performance tests are exceeded are defined as follows:
    (1) For thermal incinerators, all loading cycles during which the 
average combustion temperature was more than 28 deg.C below the average 
loading cycle combustion temperature during the most recent performance 
test at

[[Page 166]]

which compliance with Sec. 61.302(b) was determined.
    (2) For catalytic incinerators, all loading cycles during which the 
average temperature of the vent stream immediately before the catalyst 
bed is more than 28 deg.C below the average temperature of the process 
vent stream during loading cycles during the most recent performance 
test at which compliance with Sec. 61.302(b) was determined.
    (3) All loading cycles during which the average combustion 
temperature was more than 28 deg.C below the average combustion 
temperature during the most recent performance test at which compliance 
with Sec. 61.302(b) was determined for steam generating units or process 
heaters with a design heat input capacity of less than 44 MW.
    (4) For steam generating units or process heaters, whenever there is 
a change in the location at which the vent stream is introduced into the 
flame zone as required under Sec. 61.302(b).
    (5) For carbon adsorbers, all 3-hour periods of operation during 
which the average VOC concentration or reading of organics in the 
exhaust gases is more than 20 percent greater than the average exhaust 
gas concentration or reading measured by the organics monitoring device 
during the most recent determination of the recovery efficiency of the 
carbon adsorber that demonstrated that the facility was in compliance.
    (c) If a vent system containing valves that could divert the 
emission stream away from the control device is used, each owner or 
operator subject to the provisions of this subpart shall keep for at 
least 2 years up-to-date, readily accessible continuous records of:
    (1) All periods when flow is indicated if flow indicators are 
installed under Sec. 61.303(g)(1).
    (2) All times when maintenance is performed on car-sealed valves, 
when the car seal is broken, and when the valve position is changed 
(i.e., from open to closed for valves in the vent piping to the control 
device and from closed to open for valves that vent the stream directly 
or indirectly to the atmosphere bypassing the control device) if valves 
are monitored under Sec. 60.303(g)(2).
    (d) Each owner or operator of an affected facility subject to the 
provisions of this subpart who uses a steam generating unit or process 
heater with a design heat input capacity of 44 MW or greater to comply 
with Sec. 61.302(b) shall keep an up-to-date, readily accessible record 
of all periods of operation of the steam generating unit or process 
heater. Examples of such records could include records of steam use, 
fuel use, or monitoring data collected pursuant to other State or 
Federal regulatory requirements.
    (e) Each owner or operator of an affected facility subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
records of the flare pilot flame monitoring specified under 
Sec. 61.303(b), as well as up-to-date, readily accessible records of any 
absence of the pilot flame during a loading cycle.
    (f) Each owner or operator of an affected facility subject to the 
requirements of Sec. 61.302 shall submit to the Administrator quarterly 
reports of the following information. The owner or operator shall submit 
the initial report within 90 days after the effective date of this 
subpart or 90 days after startup for a source that has an initial 
startup date after the effective date.
    (1) Periods of operation where there were exceedances of monitored 
parameters recorded under Sec. 61.305(b).
    (2) All periods recorded under Sec. 61.305(c)(1) when the vent 
stream is diverted from the control device.
    (3) All periods recorded under Sec. 61.305(d) when the steam 
generating unit or process heater was not operating.
    (4) All periods recorded under Sec. 61.305(e) in which the pilot 
flame of the flare was absent.
    (5) All times recorded under Sec. 61.305(c)(2) when maintenance is 
performed on car-sealed valves, when the car seal is broken, and when 
the valve position is changed.
    (g) The owner or operator of an affected facility shall keep the 
vapor-tightness documentation required under Sec. 61.302 (d) and (e) on 
file at the affected facility in a permanent form available for 
inspection.
    (h) The owner or operator of an affected facility shall update the 
documentation file required under Sec. 61.302

[[Page 167]]

(d) and (e) for each tank truck, railcar, or marine vessel at least once 
per year to reflect current test results as determined by the 
appropriate method. The owner or operator shall include, as a minimum, 
the following information in this documentation:
    (1) Test title;
    (2) Tank truck, railcar, or marine vessel owner and address;
    (3) Tank truck, railcar, or marine vessel identification number;
    (4) Testing location;
    (5) Date of test;
    (6) Tester name and signature;
    (7) Witnessing inspector: name, signature, and affiliation; and
    (8) Test results, including, for railcars and tank trucks, the 
initial pressure up to which the tank was pressured at the start of the 
test.
    (i) Each owner or operator of an affected facility complying with 
Sec. 61.300(b) or Sec. 61.300(d) shall record the following information. 
The first year after promulgation the owner or operator shall submit a 
report containing the requested information to the Director of the 
Emission Standards Division, (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711. After the first 
year, the owner or operator shall continue to record; however, no 
reporting is required. The information shall be made available if 
requested. The information shall include, as a minimum:
    (1) The affected facility's name and address;
    (2) The weight percent of the benzene loaded;
    (3) The type of vessel loaded (i.e., tank truck, railcar, or marine 
vessel); and
    (4) The annual amount of benzene loaded into each type of vessel.



Sec. 61.306  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: No 
restrictions.



                       Subparts CC-EE--[Reserved]



   Subpart FF--National Emission Standard for Benzene Waste Operations

    Source: 55 FR 8346, Mar. 7, 1990, unless otherwise noted.



Sec. 61.340  Applicability.

    (a) The provisions of this subpart apply to owners and operators of 
chemical manufacturing plants, coke by-product recovery plants, and 
petroleum refineries.
    (b) The provisions of this subpart apply to owners and operators of 
hazardous waste treatment, storage, and disposal facilities that treat, 
store, or dispose of hazardous waste generated by any facility listed in 
paragraph (a) of this section. The waste streams at hazardous waste 
treatment, storage, and disposal facilities subject to the provisions of 
this subpart are the benzene-containing hazardous waste from any 
facility listed in paragraph (a) of this section. A hazardous waste 
treatment, storage, and disposal facility is a facility that must obtain 
a hazardous waste management permit under subtitle C of the Solid Waste 
Disposal Act.
    (c) At each facility identified in paragraph (a) or (b) of this 
section, the following waste is exempt from the requirements of this 
subpart:
    (1) Waste in the form of gases or vapors that is emitted from 
process fluids:
    (2) Waste that is contained in a segregated stormwater sewer system.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 37231, Sept. 10, 1990; 58 
FR 3095, Jan. 7, 1993]



Sec. 61.341  Definitions.

    Benzene concentration means the fraction by weight of benzene in a 
waste as determined in accordance with the procedures specified in 
Sec. 61.355 of this subpart.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Chemical manufacturing plant means any facility engaged in the 
production

[[Page 168]]

of chemicals by chemical, thermal, physical, or biological processes for 
use as a product, co-product, by-product, or intermediate including but 
not limited to industrial organic chemicals, organic pesticide products, 
pharmaceutical preparations, paint and allied products, fertilizers, and 
agricultural chemicals. Examples of chemical manufacturing plants 
include facilities at which process units are operated to produce one or 
more of the following chemicals: benzenesulfonic acid, benzene, 
chlorobenzene, cumene, cyclohexane, ethylene, ethylbenzene, 
hydroquinone, linear alklylbenzene, nitrobenzene, resorcinol, sulfolane, 
or styrene.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission 
source to a control device.
    Coke by-product recovery plant means any facility designed and 
operated for the separation and recovery of coal tar derivatives (by-
products) evolved from coal during the coking process of a coke oven 
battery.
    Container means any portable waste management unit in which a 
material is stored, transported, treated, or otherwise handled. Examples 
of containers are drums, barrels, tank trucks, barges, dumpsters, tank 
cars, dump trucks, and ships.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    Cover means a device or system which is placed on or over a waste 
placed in a waste management unit so that the entire waste surface area 
is enclosed and sealed to minimize air emissions. A cover may have 
openings necessary for operation, inspection, and maintenance of the 
waste management unit such as access hatches, sampling ports, and gauge 
wells provided that each opening is closed and sealed when not in use. 
Example of covers include a fixed roof installed on a tank, a lid 
installed on a container, and an air-supported enclosure installed over 
a waste management unit.
    External floating roof means a pontoon-type or double-deck type 
cover with certain rim sealing mechanisms that rests on the liquid 
surface in a waste management unit with no fixed roof.
    Facility means all process units and product tanks that generate 
waste within a stationary source, and all waste management units that 
are used for waste treatment, storage, or disposal within a stationary 
source.
    Fixed roof means a cover that is mounted on a waste management unit 
in a stationary manner and that does not move with fluctuations in 
liquid level.
    Floating roof means a cover with certain rim sealing mechanisms 
consisting of a double deck, pontoon single deck, internal floating 
cover or covered floating roof, which rests upon and is supported by the 
liquid being contained, and is equipped with a closure seal or seals to 
close the space between the roof edge and unit wall.
    Flow indicator means a device which indicates whether gas flow is 
present in a line or vent system.
    Individual drain system means the system used to convey waste from a 
process unit, product storage tank, or waste management unit to a waste 
management unit. The term includes all process drains and common 
junction boxes, together with their associated sewer lines and other 
junction boxes, down to the receiving waste management unit.
    Internal floating roof means a cover that rests or floats on the 
liquid surface inside a waste management unit that has a fixed roof.
    Liquid-mounted seal means a foam or liquid-filled primary seal 
mounted in contact with the liquid between the waste management unit 
wall and the floating roof continuously around the circumference.
    Loading means the introduction of waste into a waste management unit 
but not necessarily to complete capacity (also referred to as filling).
    Maximum organic vapor pressure means the equilibrium partial 
pressure exerted by the waste at the temperature equal to the highest 
calendar-month average of the waste storage temperature for waste stored 
above or below the ambient temperature or at the local maximum monthly 
average

[[Page 169]]

temperature as reported by the National Weather Service for waste stored 
at the ambient temperature, as determined:
    (1) In accordance with Sec. 60.17(c); or
    (2) As obtained from standard reference texts; or
    (3) In accordance with Sec. 60.17(a)(37); or
    (4) Any other method approved by the Administrator.
    No detectable emissions means less than 500 parts per million by 
volume (ppmv) above background levels, as measured by a detection 
instrument reading in accordance with the procedures specified in 
Sec. 61.355(h) of this subpart.
    Oil-water separator means a waste management unit, generally a tank 
or surface impoundment, used to separate oil from water. An oil-water 
separator consists of not only the separation unit but also the forebay 
and other separator basins, skimmers, weirs, grit chambers, sludge 
hoppers, and bar screens that are located directly after the individual 
drain system and prior to additional treatment units such as an air 
flotation unit, clarifier, or biological treatment unit. Examples of an 
oil-water separator incude an API separator, parallel-plate interceptor, 
and corrugated-plate interceptor with the associated ancillary 
equipment.
    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, or other 
products through the distillation of petroleum, or through the 
redistillation, cracking, or reforming of unfinished petroleum 
derivatives.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Point of waste generation means the location where the waste stream 
exits the process unit component or storage tank prior to handling or 
treatment in an operation that is not an integral part of the production 
process, or in the case of waste management units that generate new 
wastes after treatment, the location where the waste stream exits the 
waste management unit component.
    Process unit means equipment assembled and connected by pipes or 
ducts to produce intermediate or final products. A process unit can be 
operated independently if supplied with sufficient fuel or raw materials 
and sufficient product storage facilities.
    Process unit turnaround means the shutting down of the operations of 
a process unit, the purging of the contents of the process unit, the 
maintenance or repair work, followed by restarting of the process.
    Process unit turnaround waste means a waste that is generated as a 
result of a process unit turnaround.
    Process wastewater means water which comes in contact with benzene 
during manufacturing or processing operations conducted within a process 
unit. Process wastewater is not organic wastes, process fluids, product 
tank drawdown, cooling tower blowdown, steam trap condensate, or 
landfill leachate.
    Process wastewater stream means a waste stream that contains only 
process wastewater.
    Product tank means a stationary unit that is designed to contain an 
accumulation of materials that are fed to or produced by a process unit, 
and is constructed primarily of non-earthen materials (e.g., wood, 
concrete, steel, plastic) which provide structural support.
    Product tank drawdown means any material or mixture of materials 
discharged from a product tank for the purpose of removing water or 
other contaminants from the product tank.
    Segregated stormwater sewer system means a drain and collection 
system designed and operated for the sole purpose of collecting rainfall 
runoff at a facility, and which is segregated from all other individual 
drain systems.
    Sewer line means a lateral, trunk line, branch line, or other 
enclosed conduit used to convey waste to a downstream waste management 
unit.
    Slop oil means the floating oil and solids that accumulate on the 
surface of an oil-water separator.
    Sour water stream means a stream that:
    (1) Contains ammonia or sulfur compounds (usually hydrogen sulfide) 
at concentrations of 10 ppm by weight or more;
    (2) is generated from separation of water from a feed stock, 
intermediate,

[[Page 170]]

or product that contained ammonia or sulfur compounds; and
    (3) requires treatment to remove the ammonia or sulfur compounds.
    Sour water stripper means a unit that:
    (1) Is designed and operated to remove ammonia or sulfur compounds 
(usually hydrogen sulfide) from sour water streams;
    (2) has the sour water streams transferred to the stripper through 
hard piping or other enclosed system; and
    (3) is operated in such a manner that the offgases are sent to a 
sulfur recovery unit, processing unit, incinerator, flare, or other 
combustion device.
    Surface impoundment means a waste management unit which is a natural 
topographic depression, man-made excavation, or diked area formed 
primarily of earthen materials (although it may be lined with man-made 
materials), which is designed to hold an accumulation of liquid wastes 
or waste containing free liquids, and which is not an injection well. 
Examples of surface impoundments are holding, storage, settling, and 
aeration pits, ponds, and lagoons.
    Tank  means a stationary waste management unit that is designed to 
contain an accumulation of waste and is constructed primarily of 
nonearthen materials (e.g., wood, concrete, steel, plastic) which 
provide structural support.
    Treatment process means a stream stripping unit, thin-film 
evaporation unit, waste incinerator, or any other process used to comply 
with Sec. 61.348 of this subpart.
    Vapor-mounted seal means a foam-filled primary seal mounted 
continuously around the perimeter of a waste management unit so there is 
an annular vapor space underneath the seal. The annular vapor space is 
bounded by the bottom of the primary seal, the unit wall, the liquid 
surface, and the floating roof.
    Waste means any material resulting from industrial, commercial, 
mining or agricultural operations, or from community activities that is 
discarded or is being accumulated, stored, or physically, chemically, 
thermally, or biologically treated prior to being discarded, recycled, 
or discharged.
    Waste management unit means a piece of equipment, structure, or 
transport mechanism used in handling, storage, treatment, or disposal of 
waste. Examples of a waste management unit include a tank, surface 
impoundment, container, oil-water separator, individual drain system, 
steam stripping unit, thin-film evaporation unit, waste incinerator, and 
landfill.
    Waste stream means the waste generated by a particular process unit, 
product tank, or waste management unit. The characteristics of the waste 
stream (e.g., flow rate, benzene concentration, water content) are 
determined at the point of waste generation. Examples of a waste stream 
include process wastewater, product tank drawdown, sludge and slop oil 
removed from waste management units, and landfill leachate.
    Wastewater treatment system means any component, piece of equipment, 
or installation that receives, manages, or treats process wastewater, 
product tank drawdown, or landfill leachate prior to direct or indirect 
discharge in accordance with the National Pollutant Discharge 
Elimination System permit regulations under 40 CFR part 122. These 
systems typically include individual drain systems, oil-water 
separators, air flotation units, equalization tanks, and biological 
treatment units.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g., flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990, as amended at 58 
FR 3095, Jan. 7, 1993]



Sec. 61.342  Standards: General.

    (a) An owner or operator of a facility at which the total annual 
benzene quantity from facility waste is less than 10 megagrams per year 
(Mg/yr) shall be exempt from the requirements of paragraphs (b) and (c) 
of this section. The total annual benzene quantity from facility waste 
is the sum of the annual benzene quantity for each waste stream at the 
facility that has a

[[Page 171]]

flow-weighted annual average water content greater than 10 percent or 
that is mixed with water, or other wastes, at any time and the mixture 
has an annual average water content greater than 10 percent. The benzene 
quantity in a waste stream is to be counted only once without multiple 
counting if other waste streams are mixed with or generated from the 
original waste stream. Other specific requirements for calculating the 
total annual benzene waste quantity are as follows:
    (1) Wastes that are exempted from control under Secs. 61.342(c)(2) 
and 61.342(c)(3) are included in the calculation of the total annual 
benzene quantity if they have an annual average water content greater 
than 10 percent, or if they are mixed with water or other wastes at any 
time and the mixture has an annual average water content greater than 10 
percent.
    (2) The benzene in a material subject to this subpart that is sold 
is included in the calculation of the total annual benzene quantity if 
the material has an annual average water content greater than 10 
percent.
    (3) Benzene in wastes generated by remediation activities conducted 
at the facility, such as the excavation of contaminated soil, pumping 
and treatment of groundwater, and the recovery of product from soil or 
groundwater, are not included in the calculation of total annual benzene 
quantity for that facility. If the facility's total annual benzene 
quantity is 10 Mg/yr or more, wastes generated by remediation activities 
are subject to the requirements of paragraphs (c) through (h) of this 
section. If the facility is managing remediation waste generated 
offsite, the benzene in this waste shall be included in the calculation 
of total annual benzene quantity in facility waste, if the waste streams 
have an annual average water content greater than 10 percent, or if they 
are mixed with water or other wastes at any time and the mixture has an 
annual average water content greater than 10 percent.
    (4) The total annual benzene quantity is determined based upon the 
quantity of benzene in the waste before any waste treatment occurs to 
remove the benzene except as specified in Sec. 61.355(c)(1)(i) (A) 
through (C).
    (b) Each owner or operator of a facility at which the total annual 
benzene quantity from facility waste is equal to or greater than 10 Mg/
yr as determined in paragraph (a) of this section shall be in compliance 
with the requirements of paragraphs (c) through (h) of this section no 
later than 90 days following the effective date, unless a waiver of 
compliance has been obtained under Sec. 61.11, or by the initial startup 
for a new source with an initial startup after the effective date.
    (1) The owner or operator of an existing source unable to comply 
with the rule within the required time may request a waiver of 
compliance under Sec. 61.10.
    (2) As part of the waiver application, the owner or operator shall 
submit to the Administrator a plan under Sec. 61.10(b)(3) that is an 
enforceable commitment to obtain environmental benefits to mitigate the 
benzene emissions that result from extending the compliance date. The 
plan shall include the following information:
    (i) A description of the method of compliance, including the control 
approach, schedule for installing controls, and quantity of the benzene 
emissions that result from extending the compliance date;
    (ii) If the control approach involves a compliance strategy designed 
to obtain integrated compliance with multiple regulatory requirements, a 
description of the other regulations involved and their effective dates; 
and
    (iii) A description of the actions to be taken at the facility to 
obtain mitigating environmental benefits, including how the benefits 
will be obtained, the schedule for these actions, and an estimate of the 
quantifiable benefits that directly result from these actions.
    (c) Each owner or operator of a facility at which the total annual 
benzene quantity from facility waste is equal to or greater than 10 Mg/
yr as determined in paragraph (a) of this section shall manage and treat 
the facility waste as follows:
    (1) For each waste stream that contains benzene, including (but not 
limited to) organic waste streams that contain less than 10 percent 
water and aqueous waste streams, even if the

[[Page 172]]

wastes are not discharged to an individual drain system, the owner or 
operator shall:
    (i) Remove or destroy the benzene contained in the waste using a 
treatment process or wastewater treatment system that complies with the 
standards specified in Sec. 61.348 of this subpart.
    (ii) Comply with the standards specified in Secs. 61.343 through 
61.347 of this subpart for each waste management unit that receives or 
manages the waste stream prior to and during treatment of the waste 
stream in accordance with paragraph (c)(1)(i) of this section.
    (iii) Each waste management unit used to manage or treat waste 
streams that will be recycled to a process shall comply with the 
standards specified in Secs. 61.343 through 61.347. Once the waste 
stream is recycled to a process, including to a tank used for the 
storage of production process feed, product, or product intermediates, 
unless this tank is used primarily for the storage of wastes, the 
material is no longer subject to paragraph (c) of this section.
    (2) A waste stream is exempt from paragraph (c)(1) of this section 
provided that the owner or operator demonstrates initially and, 
thereafter, at least once per year that the flow-weighted annual average 
benzene concentration for the waste stream is less than 10 ppmw as 
determined by the procedures specified in Sec. 61.355(c)(2) or 
Sec. 61.355(c)(3).
    (3) A waste stream is exempt from paragraph (c)(1) of this section 
provided that the owner or operator demonstrates initially and, 
thereafter, at least once per year that the conditions specified in 
either paragraph (c)(3)(i) or (c)(3)(ii) of this section are met.
    (i) The waste stream is process wastewater that has a flow rate less 
than 0.02 liters per minute or an annual wastewater quantity of less 
than 10 Mg/yr; or
    (ii) All of the following conditions are met:
    (A) The owner or operator does not choose to exempt process 
wastewater under paragraph (c)(3)(i) of this section,
    (B) The total annual benzene quantity in all waste streams chosen 
for exemption in paragraph (c)(3)(ii) of this section does not exceed 
2.0 Mg/yr as determined in the procedures in Sec. 61.355(j), and
    (C) The total annual benzene quantity in a waste stream chosen for 
exemption, including process unit turnaround waste, is determined for 
the year in which the waste is generated.
    (d) As an alternative to the requirements specified in paragraphs 
(c) and (e) of this section, an owner or operator of a facility at which 
the total annual benzene quantity from facility waste is equal to or 
greater than 10 Mg/yr as determined in paragraph (a) of this section may 
elect to manage and treat the facility waste as follows:
    (1) The owner or operator shall manage and treat facility waste 
other than process wastewater in accordance with the requirements of 
paragraph (c)(1) of this section.
    (2) The owner or operator shall manage and treat process wastewater 
in accordance with the following requirements:
    (i) Process wastewater shall be treated to achieve a total annual 
benzene quantity from facility process wastewater less than 1 Mg/yr. 
Total annual benzene from facility process wastewater shall be 
determined by adding together the annual benzene quantity at the point 
of waste generation for each untreated process wastewater stream plus 
the annual benzene quantity exiting the treatment process for each 
process wastewater stream treated in accordance with the requirements of 
paragraph (c)(1)(i) of this section.
    (ii) Each treated process wastewater stream identified in paragraph 
(d)(2)(i) of this section shall be managed and treated in accordance 
with paragraph (c)(1) of this section.
    (iii) Each untreated process wastewater stream identified in 
paragraph (d)(2)(i) of this section is exempt from the requirements of 
paragraph (c)(1) of this section.
    (e) As an alternative to the requirements specified in paragraphs 
(c) and (d) of this section, an owner or operator of a facility at which 
the total annual benzene quantity from facility waste is equal to or 
greater than 10 Mg/yr as determined in paragraph (a) of this section may 
elect to manage and treat the facility waste as follows:

[[Page 173]]

    (1) The owner or operator shall manage and treat facility waste with 
a flow-weighted annual average water content of less than 10 percent in 
accordance with the requirements of paragraph (c)(1) of this section; 
and
    (2) The owner or operator shall manage and treat facility waste 
(including remediation and process unit turnaround waste) with a flow-
weighted annual average water content of 10 percent or greater, on a 
volume basis as total water, and each waste stream that is mixed with 
water or wastes at any time such that the resulting mixture has an 
annual water content greater than 10 percent, in accordance with the 
following:
    (i) The benzene quantity for the wastes described in paragraph 
(e)(2) of this section must be equal to or less than 6.0 Mg/yr, as 
determined in Sec. 61.355(k). Wastes as described in paragraph (e)(2) of 
this section that are transferred offsite shall be included in the 
determination of benzene quantity as provided in Sec. 61.355(k). The 
provisions of paragraph (f) of this section shall not apply to any owner 
or operator who elects to comply with the provisions of paragraph (e) of 
this section.
    (ii) The determination of benzene quantity for each waste stream 
defined in paragraph (e)(2) of this section shall be made in accordance 
with Sec. 61.355(k).
    (f) Rather than treating the waste onsite, an owner or operator may 
elect to comply with paragraph (c)(1)(i) of this section by transferring 
the waste offsite to another facility where the waste is treated in 
accordance with the requirements of paragraph (c)(1)(i) of this section. 
The owner or operator transferring the waste shall:
    (1) Comply with the standards specified in Secs. 61.343 through 
61.347 of this subpart for each waste management unit that receives or 
manages the waste prior to shipment of the waste offsite.
    (2) Include with each offsite waste shipment a notice stating that 
the waste contains benzene which is required to be managed and treated 
in accordance with the provisions of this subpart.
    (g) Compliance with this subpart will be determined by review of 
facility records and results from tests and inspections using methods 
and procedures specified in Sec. 61.355 of this subpart.
    (h) Permission to use an alternative means of compliance to meet the 
requirements of Secs. 61.342 through 61.352 of this subpart may be 
granted by the Administrator as provided in Sec. 61.353 of this subpart.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3095, Jan. 7, 1993]



Sec. 61.343  Standards: Tanks.

    (a) Except as provided in paragraph (b) of this section and in 
Sec. 61.351, the owner or operator shall meet the following standards 
for each tank in which the waste stream is placed in accordance with 
Sec. 61.342 (c)(1)(ii). The standards in this section apply to the 
treatment of the waste stream in a tank, including dewatering.
    (1) The owner or operator shall install, operate, and maintain a 
fixed-roof and closed-vent system that routes all organic vapors vented 
from the tank to a control device.
    (i) The fixed-roof shall meet the following requirements:
    (A) The cover and all openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
emissions as indicated by an instrument reading of less than 500 ppmv 
above background, as determined initially and thereafter at least once 
per year by the methods specified in Sec. 61.355(h) of this subpart.
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
waste is in the tank except when it is necessary to use the opening for 
waste sampling or removal, or for equipment inspection, maintenance, or 
repair.
    (C) If the cover and closed-vent system operate such that the tank 
is maintained at a pressure less than atmospheric pressure, then 
paragraph (a)(1)(i)(B) of this section does not apply to any opening 
that meets all of thefollowing conditions:
    (1) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (2) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less

[[Page 174]]

than 500 ppmv above background, as determined initially and thereafter 
at least once per year by the methods specified in Sec. 61.355(h); and
    (3) The pressure is monitored continuously to ensure that the 
pressure in the tank remains below atmospheric pressure.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 61.349 of this 
subpart.
    (b) For a tank that meets all the conditions specified in paragraph 
(b)(1) of this section, the owner or operator may elect to comply with 
paragraph (b)(2) of this section as an alternative to the requirements 
specified in paragraph (a)(1) of this section.
    (1) The waste managed in the tank complying with paragraph (b)(2) of 
this section shall meet all of the following conditions:
    (i) Each waste stream managed in the tank must have a flow-weighted 
annual average water content less than or equal to 10 percent water, on 
a volume basis as total water.
    (ii) The waste managed in the tank either:
    (A) Has a maximum organic vapor pressure less than 5.2 kilopascals 
(kPa) (0.75 pounds per square inch (psi));
    (B) Has a maximum organic vapor pressure less than 27.6 kPa (4.0 
psi) and is managed in a tank having design capacity less than 151 m\3\ 
(40,000 gal); or
    (C) Has a maximum organic vapor pressure less than 76.6 kPa (11.1 
psi) and is managed in a tank having a design capacity less than 75 m\3\ 
(20,000 gal).
    (2) The owner or operator shall install, operate, and maintain a 
fixed roof as specified in paragraph (a)(1)(i).
    (3) For each tank complying with paragraph (b) of this section, one 
or more devices which vent directly to the atmosphere may be used on the 
tank provided each device remains in a closed, sealed position during 
normal operations except when the device needs to open to prevent 
physical damage or permanent deformation of the tank or cover resulting 
from filling or emptying the tank, diurnal temperature changes, 
atmospheric pressure changes or malfunction of the unit in accordance 
with good engineering and safety practices for handling flammable, 
explosive, or other hazardous materials.
    (c) Each fixed-roof, seal, access door, and all other openings shall 
be checked by visual inspection initially and quarterly thereafter to 
ensure that no cracks or gaps occur and that access doors and other 
openings are closed and gasketed properly.
    (d) Except as provided in Sec. 61.350 of this subpart, when a broken 
seal or gasket or other problem is identified, or when detectable 
emissions are measured, first efforts at repair shall be made as soon as 
practicable, but not later than 45 calendar days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 18331, May 2, 1990; 58 FR 
3096, Jan. 7, 1993]



Sec. 61.344  Standards: Surface impoundments.

    (a) The owner or operator shall meet the following standards for 
each surface impoundment in which waste is placed in accordance with 
Sec. 61.342(c)(1)(ii) of this subpart:
    (1) The owner or operator shall install, operate, and maintain on 
each surface impoundment a cover (e.g., air-supported structure or rigid 
cover) and closed-vent system that routes all organic vapors vented from 
the surface impoundment to a control device.
    (i) The cover shall meet the following requirements:
    (A) The cover and all openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
emissions as indicated by an instrument reading of less than 500 ppmv 
above background, initially and thereafter at least once per year by the 
methods specified in Sec. 61.355(h) of this subpart.
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
waste is in the surface impoundment except when it is necessary to use 
the opening for waste sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (C) If the cover and closed-vent system operate such that the 
enclosure of

[[Page 175]]

the surface impoundment is maintained at a pressure less than 
atmospheric pressure, then paragraph (a)(1)(i)(B) of this section does 
not apply to any opening that meets all of the following conditions:
    (1) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (2) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec. 61.355(h) of this subpart; and
    (3) The pressure is monitored continuously to ensure that the 
pressure in the enclosure of the surface impoundment remains below 
atmospheric pressure.
    (D) The cover shall be used at all times that waste is placed in the 
surface impoundment except during removal of treatment residuals in 
accordance with 40 CFR 268.4 or closure of the surface impoundment in 
accordance with 40 CFR 264.228. (Note: the treatment residuals generated 
by these activities may be subject to the requirements of this part.)
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with Sec. 61.349 of this subpart.
    (b) Each cover seal, access hatch, and all other openings shall be 
checked by visual inspection initially and quarterly thereafter to 
ensure that no cracks or gaps occur and that access hatches and other 
openings are closed and gasketed properly.
    (c) Except as provided in Sec. 61.350 of this subpart, when a broken 
seal or gasket or other problem is identified, or when detectable 
emissions are measured, first efforts at repair shall be made as soon as 
practicable, but not later than 15 calendar days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3097, Jan. 7, 1993]



Sec. 61.345  Standards: Containers.

    (a) The owner or operator shall meet the following standards for 
each container in which waste is placed in accordance with 
Sec. 61.342(c)(1)(ii) of this subpart:
    (1) The owner or operator shall install, operate, and maintain a 
cover on each container used to handle, transfer, or store waste in 
accordance with the following requirements:
    (i) The cover and all openings (e.g., bungs, hatches, and sampling 
ports) shall be designed to operate with no detectable emissions as 
indicated by an instrument reading of less than 500 ppmv above 
background, initially and thereafter at least once per year by the 
methods specified in Sec. 61.355(h) of this subpart.
    (ii) Except as provided in paragraph (a)(4) of this section, each 
opening shall be maintained in a closed, sealed position (e.g., covered 
by a lid that is gasketed and latched) at all times that waste is in the 
container except when it is necessary to use the opening for waste 
loading, removal, inspection, or sampling.
    (2) When a waste is transferred into a container by pumping, the 
owner or operator shall perform the transfer using a submerged fill 
pipe. The submerged fill pipe outlet shall extend to within two fill 
pipe diameters of the bottom of the container while the container is 
being loaded. During loading of the waste, the cover shall remain in 
place and all openings shall be maintained in a closed, sealed position 
except for those openings required for the submerged fill pipe, those 
openings required for venting of the container to prevent physical 
damage or permanent deformation of the container or cover, and any 
openings complying with paragraph (a)(4) of this section.
    (3) Treatment of a waste in a container, including aeration, thermal 
or other treatment, shall be performed by the owner or operator in a 
manner such that whenever it is necessary for the container to be open 
while the waste is being treated, the container is located under a cover 
(e.g. enclosure) with a closed-vent system that routes all organic 
vapors vented from the container to a control device, except for cover 
and closed-vent systems that meet the requirements in paragraph (a)(4) 
of this section.

[[Page 176]]

    (i) The cover and all openings (e.g., doors, hatches) shall be 
designed to operate with no detectable emissions as indicated by an 
instrument reading of less than 500 ppmv above background, initially and 
thereafter at least once per year by the methods specified in 
Sec. 61.355(h) of this subpart.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with Sec. 61.349 of this subpart.
    (4) If the cover and closed-vent system operate such that the 
container is maintained at a pressure less than atmospheric pressure, 
the owner or operator may operate the system with an opening that is not 
sealed and kept closed at all times if the following conditions are met:
    (i) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (ii) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by methods specified in Sec. 61.355(h); and
    (iii) The pressure is monitored continuously to ensure that the 
pressure in the container remains below atmospheric pressure.
    (b) Each cover and all openings shall be visually inspected 
initially and quarterly thereafter to ensure that they are closed and 
gasketed properly.
    (c) Except as provided in Sec. 61.350 of this subpart, when a broken 
seal or gasket or other problem is identified, first efforts at repair 
shall be made as soon as practicable, but not later than 15 calendar 
days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3097, Jan. 7, 1993]



Sec. 61.346  Standards: Individual    drain systems.

    (a) Except as provided in paragraph (b) of this section, the owner 
or operator shall meet the following standards for each individual drain 
system in which waste is placed in accordance with Sec. 61.342(c)(1)(ii) 
of this subpart:
    (1) The owner or operator shall install, operate, and maintain on 
each drain system opening a cover and closed-vent system that routes all 
organic vapors vented from the drain system to a control device.
    (i) The cover shall meet the following requirements:
    (A) The cover and all openings (e.g., access hatches, sampling 
ports) shall be designed to operate with no detactable emissions as 
indicated by an instrument reading of less than 500 ppmv above 
background, initially and thereafter at least once per year by the 
methods specified in Sec. 61.355(h) of this subpart.
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
waste is in the drain system except when it is necessary to use the 
opening for waste sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (C) If the cover and closed-vent system operate such that the 
individual drain system is maintained at a pressure less than 
atmospheric pressure, then paragraph (a)(1)(i)(B) of this section does 
not apply to any opening that meets all of the following conditions:
    (1) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (2) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec. 61.355(h); and
    (3) The pressure is monitored continuously to ensure that the 
pressure in the individual drain system remains below atmospheric 
pressure.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with Sec. 61.349 of this subpart.
    (2) Each cover seal, access hatch, and all other openings shall be 
checked by visual inspection initially and quarterly thereafter to 
ensure that no cracks or gaps occur and that access hatches and other 
openings are closed and gasketed properly.
    (3) Except as provided in Sec. 61.350 of this subpart, when a broken 
seal or gasket or other problem is identified, or when detectable 
emissions are measured, first efforts at repair shall be made as soon as 
practicable, but not

[[Page 177]]

later than 15 calendar days after identification.
    (b) As an alternative to complying with paragraph (a) of this 
section, an owner or operator may elect to comply with the following 
requirements:
    (1) Each drain shall be equipped with water seal controls or a 
tightly sealed cap or plug.
    (2) Each junction box shall be equipped with a cover and may have a 
vent pipe. The vent pipe shall be at least 90 cm (3 ft) in length and 
shall not exceed 10.2 cm (4 in) in diameter.
    (i) Junction box covers shall have a tight seal around the edge and 
shall be kept in place at all times, except during inspection and 
maintenance.
    (ii) One of the following methods shall be used to control emissions 
from the junction box vent pipe to the atmosphere:
    (A) Equip the junction box with a system to prevent the flow of 
organic vapors from the junction box vent pipe to the atmosphere during 
normal operation. An example of such a system includes use of water seal 
controls on the junction box. A flow indicator shall be installed, 
operated, and maintained on each junction box vent pipe to ensure that 
organic vapors are not vented from the junction box to the atmosphere 
during normal operation.
    (B) Connect the junction box vent pipe to a closed-vent system and 
control device in accordance with Sec. 61.349 of this subpart.
    (3) Each sewer line shall not be open to the atmosphere and shall be 
covered or enclosed in a manner so as to have no visual gaps or cracks 
in joints, seals, or other emission interfaces.
    (4) Equipment installed in accordance with paragraphs (b)(1), 
(b)(2), or (b)(3) of this section shall be inspected as follows:
    (i) Each drain using water seal controls shall be checked by visual 
or physical inspection initially and thereafter quarterly for 
indications of low water levels or other conditions that would reduce 
the effectiveness of water seal controls.
    (ii) Each drain using a tightly sealed cap or plug shall be visually 
inspected initially and thereafter quarterly to ensure caps or plugs are 
in place and properly installed.
    (iii) Each junction box shall be visually inspected initially and 
thereafter quarterly to ensure that the cover is in place and to ensure 
that the cover has a tight seal around the edge.
    (iv) The unburied portion of each sewer line shall be visually 
inspected initially and thereafter quarterly for indication of cracks, 
gaps, or other problems that could result in benzene emissions.
    (5) Except as provided in Sec. 61.350 of this subpart, when a broken 
seal, gap, crack or other problem is identified, first efforts at repair 
shall be made as soon as practicable, but not later than 15 calendar 
days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 37231, Sept. 10, 1990; 58 
FR 3097, Jan. 7, 1993]



Sec. 61.347  Standards: Oil-water separators.

    (a) Except as provided in Sec. 61.352 of this subpart, the owner or 
operator shall meet the following standards for each oil-water separator 
in which waste is placed in accordance with Sec. 61.342(c)(1)(ii) of 
this subpart:
    (1) The owner or operator shall install, operate, and maintain a 
fixed-roof and closed-vent system that routes all organic vapors vented 
from the oil-water separator to a control device.
    (i) The fixed-roof shall meet the following requirements:
    (A) The cover and all openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
emissions as indicated by an instrument reading of less than 500 ppmv 
above background, as determined initially and thereafter at least once 
per year by the methods specified in Sec. 61.355(h) of this subpart.
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
waste is in the oil-water separator except when it is necessary to use 
the opening for waste sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (C) If the cover and closed-vent system operate such that the oil-
water separator is maintained at a pressure less than atmospheric 
pressure, then paragraph (a)(1)(i)(B) of this section

[[Page 178]]

does not apply to any opening that meets all of the following 
conditions:
    (1) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (2) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec. 61.355(h); and
    (3) The pressure is monitored continuously to ensure that the 
pressure in the oil-water separator remains below atmospheric pressure.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 61.349 of this 
subpart.
    (b) Each cover seal, access hatch, and all other openings shall be 
checked by visual inspection initially and quarterly thereafter to 
ensure that no cracks or gaps occur between the cover and oil-water 
separator wall and that access hatches and other openings are closed and 
gasketed properly.
    (c) Except as provided in Sec. 61.350 of this subpart, when a broken 
seal or gasket or other problem is identified, or when detectable 
emissions are measured, first efforts at repair shall be made as soon as 
practicable, but not later than 15 calendar days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3098, Jan. 7, 1993]



Sec. 61.348  Standards: Treatment   processes.

    (a) Except as provided in paragraph (a)(5) of this section, the 
owner or operator shall treat the waste stream in accordance with the 
following requirements:
    (1) The owner or operator shall design, install, operate, and 
maintain a treatment process that either:
    (i) Removes benzene from the waste stream to a level less than 10 
parts per million by weight (ppmw) on a flow-weighted annual average 
basis,
    (ii) Removes benzene from the waste stream by 99 percent or more on 
a mass basis, or
    (iii) Destroys benzene in the waste stream by incinerating the waste 
in a combustion unit that achieves a destruction efficiency of 99 
percent or greater for benzene.
    (2) Each treatment process complying with paragraphs (a)(1)(i) or 
(a)(1)(ii) of this section shall be designed and operated in accordance 
with the appropriate waste management unit standards specified in 
Secs. 61.343 through 61.347 of this subpart. For example, if a treatment 
process is a tank, then the owner or operator shall comply with 
Sec. 61.343 of this subpart.
    (3) For the purpose of complying with the requirements specified in 
paragraph (a)(1)(i) of this section, the intentional or unintentional 
reduction in the benzene concentration of a waste stream by dilution of 
the waste stream with other wastes or materials is not allowed.
    (4) An owner or operator may aggregate or mix together individual 
waste streams to create a combined waste stream for the purpose of 
facilitating treatment of waste to comply with the requirements of 
paragraph (a)(1) of this section except as provided in paragraph (a)(5) 
of this section.
    (5) If an owner or operator aggregates or mixes any combination of 
process wastewater, product tank drawdown, or landfill leachate subject 
to Sec. 61.342(c)(1) of this subpart together with other waste streams 
to create a combined waste stream for the purpose of facilitating 
management or treatment of waste in a wastewater treatment system, then 
the wastewater treatment system shall be operated in accordance with 
paragraph (b) of this section. These provisions apply to above-ground 
wastewater treatment systems as well as those that are at or below 
ground level.
    (b) Except for facilities complying with Sec. 61.342(e), the owner 
or operator that aggregates or mixes individual waste streams as defined 
in paragraph (a)(5) of this section for management and treatment in a 
wastewater treatment system shall comply with the following 
requirements:
    (1) The owner or operator shall design and operate each waste 
management unit that comprises the wastewater treatment system in 
accordance with the appropriate standards specified in Secs. 61.343 
through 61.347 of this subpart.

[[Page 179]]

    (2) The provisions of paragraph (b)(1) of this section do not apply 
to any waste management unit that the owner or operator demonstrates to 
meet the following conditions initially and, thereafter, at least once 
per year:
    (i) The benzene content of each waste stream entering the waste 
management unit is less than 10 ppmw on a flow-weighted annual average 
basis as determined by the procedures specified in Sec. 61.355(c) of 
this subpart; and
    (ii) The total annual benzene quantity contained in all waste 
streams managed or treated in exempt waste management units comprising 
the facility wastewater treatment systems is less than 1 Mg/yr. For this 
determination, total annual benzene quantity shall be calculated as 
follows:
    (A) The total annual benzene quantity shall be calculated as the sum 
of the individual benzene quantities determined at each location where a 
waste stream first enters an exempt waste management unit. The benzene 
quantity discharged from an exempt waste management unit shall not be 
included in this calculation.
    (B) The annual benzene quantity in a waste stream managed or treated 
in an enhanced biodegradation unit shall not be included in the 
calculation of the total annual benzene quantity, if the enhanced 
biodegradation unit is the first exempt unit in which the waste is 
managed or treated. A unit shall be considered enhanced biodegradation 
if it is a suspended-growth process that generates biomass, uses 
recycled biomass, and periodically removes biomass from the process. An 
enhanced biodegradation unit typically operates at a food-to-
microorganism ratio in the range of 0.05 to 1.0 kg of biological oxygen 
demand per kg of biomass per day, a mixed liquor suspended solids ratio 
in the range of 1 to 8 grams per liter, and a residence time in the 
range of 3 to 36 hours.
    (c) The owner and operator shall demonstrate that each treatment 
process or wastewater treatment system unit, except as provided in 
paragraph (d) of this section, achieves the appropriate conditions 
specified in paragraphs (a) or (b) of this section in accordance with 
the following requirements:
    (1) Engineering calculations in accordance with requirements 
specified in Sec. 61.356(e) of this subpart; or
    (2) Performance tests conducted using the test methods and 
procedures that meet the requirements specified in Sec. 61.355 of this 
subpart.
    (d) A treatment process or waste stream is in compliance with the 
requirements of this subpart and exempt from the requirements of 
paragraph (c) of this section provided that the owner or operator 
documents that the treatment process or waste stream is in compliance 
with other regulatory requirements as follows:
    (1) The treatment process is a hazardous waste incinerator for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 and complies with the requirements of 40 CFR part 264, subpart O;
    (2) The treatment process is an industrial furnace or boiler burning 
hazardous waste for energy recovery for which the owner or operator has 
been issued a final permit under 40 CFR part 270 and complies with the 
requirements of 40 CFR part 266, subpart D;
    (3) The waste stream is treated by a means or to a level that meets 
benzene-specific treatment standards in accordance with the Land 
Disposal Restrictions under 40 CFR part 268, and the treatment process 
is designed and operated with a closed-vent system and control device 
meeting the requirements of Sec. 61.349 of this subpart;
    (4) The waste stream is treated by a means or to a level that meets 
benzene-specific effluent limitations or performance standards in 
accordance with the Effluent Guidelines and Standards under 40 CFR parts 
401-464, and the treatment process is designed and operated with a 
closed-vent system and control device meeting the requirements of 
Sec. 61.349 of this subpart; or
    (5) The waste stream is discharged to an underground injection well 
for which the owner or operator has been issued a final permit under 40 
CFR part 270 and complies with the requirements of 40 CFR part 122.
    (e) Except as specified in paragraph (e)(3) of this section, if the 
treatment process or wastewater treatment system unit has any openings 
(e.g., access doors, hatches, etc.), all such openings

[[Page 180]]

shall be sealed (e.g., gasketed, latched, etc.) and kept closed at all 
times when waste is being treated, except during inspection and 
maintenance.
    (1) Each seal, access door, and all other openings shall be checked 
by visual inspections initially and quarterly thereafter to ensure that 
no cracks or gaps occur and that openings are closed and gasketed 
properly.
    (2) Except as provided in Sec. 61.350 of this subpart, when a broken 
seal or gasket or other problem is identified, first efforts at repair 
shall be made as soon as practicable, but not later than 15 calendar 
days after identification.
    (3) If the cover and closed-vent system operate such that the 
treatment process and wastewater treatment system unit are maintained at 
a pressure less than atmospheric pressure, the owner or operator may 
operate the system with an opening that is not sealed and kept closed at 
all times if the following conditions are met:
    (i) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (ii) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec. 61.355(h); and
    (iii) The pressure is monitored continuously to ensure that the 
pressure in the treatment process and wastewater treatment system unit 
remain below atmospheric pressure.
    (f) Except for treatment processes complying with paragraph (d) of 
this section, the Administrator may request at any time an owner or 
operator demonstrate that a treatment process or wastewater treatment 
system unit meets the applicable requirements specified in paragraphs 
(a) or (b) of this section by conducting a performance test using the 
test methods and procedures as required in Sec. 61.355 of this subpart.
    (g) The owner or operator of a treatment process or wastewater 
treatment system unit that is used to comply with the provisions of this 
section shall monitor the unit in accordance with the applicable 
requirements in Sec. 61.354 of this subpart.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 37231, Sept. 10, 1990; 58 
FR 3098, Jan. 7, 1993]



Sec. 61.349  Standards: Closed-vent  systems and control devices.

    (a) For each closed-vent system and control device used to comply 
with standards in accordance with Secs. 61.343 through 61.348 of this 
subpart, the owner or operator shall properly design, install, operate, 
and maintain the closed-vent system and control device in accordance 
with the following requirements:
    (1) The closed-vent system shall:
    (i) Be designed to operate with no detectable emissions as indicated 
by an instrument reading of less than 500 ppmv above background, as 
determined initially and thereafter at least once per year by the 
methods specified in Sec. 61.355(h) of this subpart.
    (ii) Vent systems that contain any bypass line that could divert the 
vent stream away from a control device used to comply with the 
provisions of this subpart shall install, maintain, and operate 
according to the manufacturer's specifications a flow indicator that 
provides a record of vent stream flow away from the control device at 
least once every 15 minutes, except as provided in paragraph 
(a)(1)(ii)(B) of this section.
    (A) The flow indicator shall be installed at the entrance to any 
bypass line that could divert the vent stream away from the control 
device to the atmosphere.
    (B) Where the bypass line valve is secured in the closed position 
with a car-seal or a lock-and-key type configuration, a flow indicator 
is not required.
    (iii) All gauging and sampling devices shall be gas-tight except 
when gauging or sampling is taking place.
    (iv) For each closed-vent system complying with paragraph (a) of 
this section, one or more devices which vent directly to the atmosphere 
may be used on the closed-vent system provided each device remains in a 
closed, sealed position during normal operations except when the device 
needs to open to prevent physical damage or permanent deformation of the 
closed-

[[Page 181]]

vent system resulting from malfunction of the unit in accordance with 
good engineering and safety practices for handling flammable, explosive, 
or other hazardous materials.
    (2) The control device shall be designed and operated in accordance 
with the following conditions:
    (i) An enclosed combustion device (e.g., a vapor incinerator, 
boiler, or process heater) shall meet one of the following conditions:
    (A) Reduce the organic emissions vented to it by 95 weight percent 
or greater;
    (B) Achieve a total organic compound concentration of 20 ppmv (as 
the sum of the concentrations for individual compounds using Method 18) 
on a dry basis corrected to 3 percent oxygen; or
    (C) Provide a minimum residence time of 0.5 seconds at a minimum 
temperature of 760 deg.C. If a boiler or process heater issued as the 
control device, then the vent stream shall be introduced into the flame 
zone of the boiler or process heater.
    (ii) A vapor recovery system (e.g., a carbon adsorption system or a 
condenser) shall recover or control the organic emissions vented to it 
with an efficiency of 95 weight percent or greater, or shall recover or 
control the benzene emissions vented to it with an efficiency of 98 
weight percent or greater.
    (iii) A flare shall comply with the requirements of 40 CFR 60.18.
    (iv) A control device other than those described in paragraphs 
(a)(2) (i) through (iii) of this section may be used provided that the 
following conditions are met:
    (A) The device shall recover or control the organic emissions vented 
to it with an efficiency of 95 weight percent or greater, or shall 
recover or control the benzene emissions vented to it with an efficiency 
of 98 weight percent or greater.
    (B) The owner or operator shall develop test data and design 
information that documents the control device will achieve an emission 
control efficiency of either 95 percent or greater for organic compounds 
or 98 percent or greater for benzene.
    (C) The owner or operator shall identify:
    (1) The critical operating parameters that affect the emission 
control performance of the device;
    (2) The range of values of these operating parameters that ensure 
the emission control efficiency specified in paragraph (a)(2)(iv)(A) of 
this section is maintained during operation of the device; and
    (3) How these operating parameters will be monitored to ensure the 
proper operation and maintenance of the device.
    (D) The owner or operator shall submit the information and data 
specified in paragraphs (a)(2)(iv) (B) and (C) of this section to the 
Administrator prior to operation of the alternative control device.
    (E) The Administrator will determine, based on the information 
submitted under paragraph (a)(2)(iv)(D) of this section, if the control 
device subiect to paragraph (a)(2)(iv) of this section meets the 
requirements of Sec. 61.349. The control device subject to paragraph 
(a)(2)(iv) of this section may be operated prior to receiving approval 
from the Administrator. However, if the Administrator determines that 
the control device does not meet the requirements of Sec. 61.349, the 
facility may be subject to enforcement action beginning from the time 
the control device began operation.
    (b) Each closed-vent system and control device used to comply with 
this subpart shall be operated at all times when waste is placed in the 
waste management unit vented to the control device except when 
maintenance or repair of the waste management unit cannot be completed 
without a shutdown of the control device.
    (c) An owner and operator shall demonstrate that each control 
device, except for a flare, achieves the appropriate conditions 
specified in paragraph (a)(2) of this section by using one of the 
following methods:
    (1) Engineering calculations in accordance with requirements 
specified in Sec. 61.356(f) of this subpart; or
    (2) Performance tests conducted using the test methods and 
procedures that meet the requirements specified in Sec. 61.355 of this 
subpart.

[[Page 182]]

    (d) An owner or operator shall demonstrate compliance of each flare 
in accordance with paragraph (a)(2)(iii) of this section.
    (e) The Administrator may request at any time an owner or operator 
demonstrate that a control device meets the applicable conditions 
specified in paragraph (a)(2) of this section by conducting a 
performance test using the test methods and procedures as required in 
Sec. 61.355, and for control devices subject to paragraph (a)(2)(iv) of 
this section, the Administrator may specify alternative test methods and 
procedures, as appropriate.
    (f) Each closed-vent system and control device shall be visually 
inspected initially and quarterly thereafter. The visual inspection 
shall include inspection of ductwork and piping and connections to 
covers and control devices for evidence of visable defects such as holes 
in ductwork or piping and loose connections.
    (g) Except as provided in Sec. 61.350 of this subpart, if visible 
defects are observed during an inspection, or if other problems are 
identified, or if detectable emissions are measured, a first effort to 
repair the closed-vent system and control device shall be made as soon 
as practicable but no later than 5 calendar days after detection. Repair 
shall be completed no later than 15 calendar days after the emissions 
are detected or the visible defect is observed.
    (h) The owner or operator of a control device that is used to comply 
with the provisions of this section shall monitor the control device in 
accordance with Sec. 61.354(c) of this subpart.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990, as amended at 55 
FR 37231, Sept. 10, 1990; 58 FR 3098, Jan. 7, 1993]



Sec. 61.350  Standards: Delay of repair.

    (a) Delay of repair of facilities or units that are subject to the 
provisions of this subpart will be allowed if the repair is technically 
impossible without a complete or partial facility or unit shutdown.
    (b) Repair of such equipment shall occur before the end of the next 
facility or unit shutdown.



Sec. 61.351  Alternative standards for tanks.

    (a) As an alternative to the standards for tanks specified in 
Sec. 61.343 of this subpart, an owner or operator may elect to comply 
with one of the following:
    (1) A fixed roof and internal floating roof meeting the requirements 
in 40 CFR 60.112b(a)(1);
    (2) An external floating roof meeting the requirements of 40 CFR 
60.112b (a)(2); or
    (3) An alternative means of emission limitation as described in 40 
CFR 60.114b.
    (b) If an owner or operator elects to comply with the provisions of 
this section, then the owner or operator is exempt from the provisions 
of Sec. 61.343 of this subpart applicable to the same facilities.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 37231, Sept. 10, 1990]



Sec. 61.352  Alternative standards for oil-water separators.

    (a) As an alternative to the standards for oil-water separators 
specified in Sec. 61.347 of this subpart, an owner or operator may elect 
to comply with one of the following:
    (1) A floating roof meeting the requirements in 40 CFR 60.693-2(a); 
or
    (2) An alternative means of emission limitation as described in 40 
CFR 60.694.
    (b) For portions of the oil-water separator where it is infeasible 
to construct and operate a floating roof, such as over the weir 
mechanism, a fixed roof vented to a vapor control device that meets the 
requirements in Secs. 61.347 and 61.349 of this subpart shall be 
installed and operated.
    (c) Except as provided in paragraph (b) of this section, if an owner 
or operator elects to comply with the provisions of this section, then 
the owner or operator is exempt from the provisions in Sec. 61.347 of 
this subpart applicable to the same facilities.



Sec. 61.353  Alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in benzene emissions at 
least equivalent

[[Page 183]]

to the reduction in benzene emissions from the source achieved by the 
applicable design, equipment, work practice, or operational requirements 
in Secs. 61.342 through 61.349, the Administrator will publish in the 
Federal Register a notice permitting the use of the alternative means 
for purposes of compliance with that requirement. The notice may 
condition the permission on requirements related to the operation and 
maintenance of the alternative means.
    (b) Any notice under paragraph (a) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (c) Any person seeking permission under this section shall collect, 
verify, and submit to the Administrator information showing that the 
alternative means achieves equivalent emission reductions.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3099, Jan. 7, 1993]



Sec. 61.354  Monitoring of operations.

    (a) Except for a treatment process or waste stream complying with 
Sec. 61.348(d), the owner or operator shall monitor each treatment 
process or wastewater treatment system unit to ensure the unit is 
properly operated and maintained by one of the following monitoring 
procedures:
    (1) Measure the benzene concentration of the waste stream exiting 
the treatment process complying with Sec. 61.348(a)(1)(i) at least once 
per month by collecting and analyzing one or more samples using the 
procedures specified in Sec. 61.355(c)(3).
    (2) Install, calibrate, operate, and maintain according to 
manufacturer's specifications equipment to continuously monitor and 
record a process parameter (or parameters) for the treatment process or 
wastewater treatment system unit that indicates proper system operation. 
The owner or operator shall inspect at least once each operating day the 
data recorded by the monitoring equipment (e.g., temperature monitor or 
flow indicator) to ensure that the unit is operating properly.
    (b) If an owner or operator complies with the requirements of 
Sec. 61.348(b), then the owner or operator shall monitor each wastewater 
treatment system to ensure the unit is properly operated and maintained 
by the appropriate monitoring procedure as follows:
    (1) For the first exempt waste management unit in each waste 
treatment train, other than an enhanced biodegradation unit, measure the 
flow rate, using the procedures of Sec. 61.355(b), and the benzene 
concentration of each waste stream entering the unit at least once per 
month by collecting and analyzing one or more samples using the 
procedures specified in Sec. 61.355(c)(3).
    (2) For each enhanced biodegradation unit that is the first exempt 
waste management unit in a treatment train, measure the benzene 
concentration of each waste stream entering the unit at least once per 
month by collecting and analyzing one or more samples using the 
procedures specified in Sec. 61.355(c)(3).
    (c) An owner or operator subject to the requirements in Sec. 61.349 
of this subpart shall install, calibrate, maintain, and operate 
according to the manufacturer's specifications a device to continuously 
monitor the control device operation as specified in the following 
paragraphs, unless alternative monitoring procedures or requirements are 
approved for that facility by the Administrator. The owner or operator 
shall inspect at least once each operating day the data recorded by the 
monitoring equipment (e.g., temperature monitor or flow indicator) to 
ensure that the control device is operating properly.
    (1) For a thermal vapor incinerator, a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of 1 percent of the temperature being monitored in  deg.C or 
0.5 deg.C, whichever is greater. The temperature sensor 
shall be installed at a representative location in the combustion 
chamber.
    (2) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperature at two locations, and have an accuracy of 
1 percent of the temperature being monitored in  deg.C or 
0.5 deg.C, whichever is greater. One temperature sensor 
shall be installed in the vent stream at the nearest feasible point to 
the catalyst bed inlet and a

[[Page 184]]

second temperature sensor shall be installed in the vent stream at the 
nearest feasible point to the catalyst bed outlet.
    (3) For a flare, a monitoring device in accordance with 40 CFR 
60.18(f)(2) equipped with a continuous recorder.
    (4) For a boiler or process heater having a design heat input 
capacity less than 44 megawatts (MW), a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of 1 percent of the temperature being monitored in  deg.C or 
0.5 deg.C, whichever is greater. The temperature sensor 
shall be installed at a representative location in the combustion 
chamber.
    (5) For a boiler or process heater having a design heat input 
capacity greater than or equal to 44 MW, a monitoring device equipped 
with a continuous recorder to measure a parameter(s) that indicates good 
combustion operating practices are being used.
    (6) For a condenser, either:
    (i) A monitoring device equipped with a continuous recorder to 
measure either the concentration level of the organic compounds or the 
concentration level of benzene in the exhaust vent stream from the 
condenser; or
    (ii) A temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature at two 
locations, and have an accuracy of 1 percent of the 
temperature being monitored in  deg.C or 0.5 deg.C, 
whichever is greater. One temperature sensor shall be installed at a 
location in the exhaust stream from the condenser, and a second 
temperature sensor shall be installed at a location in the coolant fluid 
exiting the condenser.
    (7) For a carbon adsorption system that regenerates the carbon bed 
directly in the control device such as a fixed-bed carbon adsorber, 
either:
    (i) A monitoring device equipped with a continuous recorder to 
measure either the concentration level of the organic compounds or the 
benzene concentration level in the exhaust vent stream from the carbon 
bed; or
    (ii) A monitoring device equipped with a continuous recorder to 
measure a parameter that indicates the carbon bed is regenerated on a 
regular, predetermined time cycle.
    (8) For a vapor recovery system other than a condenser or carbon 
adsorption system, a monitoring device equipped with a continuous 
recorder to measure either the concentration level of the organic 
compounds or the benzene concentration level in the exhaust vent stream 
from the control device.
    (9) For a control device subject to the requirements of 
Sec. 61.349(a)(2)(iv), devices to monitor the parameters as specified in 
Sec. 61.349(a)(2)(iv)(C).
    (d) For a carbon adsorption system that does not regenerate the 
carbon bed directly on site in the control device (e.g., a carbon 
canister), either the concentration level of the organic compounds or 
the concentration level of benzene in the exhaust vent stream from the 
carbon adsorption system shall be monitored on a regular schedule, and 
the existing carbon shall be replaced with fresh carbon immediately when 
carbon breakthrough is indicated. The device shall be monitored on a 
daily basis or at intervals no greater than 20 percent of the design 
carbon replacement interval, whichever is greater. As an alternative to 
conducting this monitoring, an owner or operator may replace the carbon 
in the carbon adsorption system with fresh carbon at a regular 
predetermined time interval that is less than the carbon replacement 
interval that is determined by the maximum design flow rate and either 
the organic concentration or the benzene concentration in the gas stream 
vented to the carbon adsorption system.
    (e) An alternative operation or process parameter may be monitored 
if it can be demonstrated that another parameter will ensure that the 
control device is operated in conformance with these standards and the 
control device's design specifications.
    (f) Owners or operators using a closed-vent system that contains any 
bypass line that could divert a vent stream from a control device used 
to comply with the provisions of this subpart shall do the following:
    (1) Visually inspect the bypass line valve at least once every 
month, checking the position of the valve and the condition of the car-
seal or closure

[[Page 185]]

mechanism required under Sec. 61.349(a)(1)(ii) to ensure that the valve 
is maintained in the closed position and the vent stream is not diverted 
through the bypass line.
    (2) Visually inspect the readings from each flow monitoring device 
required by Sec. 61.349(a)(1)(ii) at least once each operating day to 
check that vapors are being routed to the control device as required.
    (g) Each owner or operator who uses a system for emission control 
that is maintained at a pressure less than atmospheric pressure with 
openings to provide dilution air shall install, calibrate, maintain, and 
operate according to the manufacturer's specifications a device equipped 
with a continuous recorder to monitor the pressure in the unit to ensure 
that it is less than atmospheric pressure.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3099, Jan. 7, 1993]



Sec. 61.355  Test methods, procedures, and compliance provisions.

    (a) An owner or operator shall determine the total annual benzene 
quantity from facility waste by the following procedure:
    (1) For each waste stream subject to this subpart having a flow-
weighted annual average water content greater than 10 percent water, on 
a volume basis as total water, or is mixed with water or other wastes at 
any time and the resulting mixture has an annual average water content 
greater than 10 percent as specified in Sec. 61.342(a), the owner or 
operator shall:
    (i) Determine the annual waste quantity for each waste stream using 
the procedures specified in paragraph (b) of this section.
    (ii) Determine the flow-weighted annual average benzene 
concentration for each waste stream using the procedures specified in 
paragraph (c) of this section.
    (iii) Calculate the annual benzene quantity for each waste stream by 
multiplying the annual waste quantity of the waste stream times the 
flow-weighted annual average benzene concentration.
    (2) Total annual benzene quantity from facility waste is calculated 
by adding together the annual benzene quantity for each waste stream 
generated during the year and the annual benzene quantity for each 
process unit turnaround waste annualized according to paragraph (b)(4) 
of this section.
    (3) If the total annual benzene quantity from facility waste is 
equal to or greater than 10 mg/yr, then the owner or operator shall 
comply with the requirements of Sec. 61.342 (c), (d), or (e).
    (4) If the total annual benzene quantity from facility waste is less 
than 10 Mg/yr but is equal to or greater than 1 Mg/yr, then the owner or 
operator shall:
    (i) Comply with the recordkeeping requirements of Sec. 61.356 and 
reporting requirements of Sec. 61.357 of this subpart; and
    (ii) Repeat the determination of total annual benzene quantity from 
facility waste at least once per year and whenever there is a change in 
the process generating the waste that could cause the total annual 
benzene quantity from facility waste to increase to 10 Mg/yr or more.
    (5) If the total annual benzene quantity from facility waste is less 
than 1 Mg/yr, then the owner or operator shall:
    (i) Comply with the recordkeeping requirements of Sec. 61.356 and 
reporting requirements of Sec. 61.357 of this subpart; and
    (ii) Repeat the determination of total annual benzene quantity from 
facility waste whenever there is a change in the process generating the 
waste that could cause the total annual benzene quantity from facility 
waste to increase to 1 Mg/yr or more.
    (6) The benzene quantity in a waste stream that is generated less 
than one time per year, except as provided for process unit turnaround 
waste in paragraph (b)(4) of this section, shall be included in the 
determination of total annual benzene quantity from facility waste for 
the year in which the waste is generated unless the waste stream is 
otherwise excluded from the determination of total annual benzene 
quantity from facility waste in accordance with paragraphs (a) through 
(c) of this section. The benzene quantity in this waste stream shall not 
be annualized or averaged over the time interval between the activities 
that resulted in

[[Page 186]]

generation of the waste, for purposes of determining the total annual 
benzene quantity from facility waste.
    (b) For purposes of the calculation required by paragraph (a) of 
this section, an owner or operator shall determine the annual waste 
quantity at the point of waste generation, unless otherwise provided in 
paragraphs (b) (1), (2), (3), and (4) of this section, by one of the 
methods given in paragraphs (b) (5) through (7) of this section.
    (1) The determination of annual waste quantity for sour water 
streams that are processed in sour water strippers shall be made at the 
point that the water exits the sour water stripper.
    (2) The determination of annual waste quantity for wastes at coke 
by-product plants subject to and complying with the control requirements 
of Sec. 61.132, 61.133, 61.134, or 61.139 of subpart L of this part 
shall be made at the location that the waste stream exits the process 
unit component or waste management unit controlled by that subpart or at 
the exit of the ammonia still, provided that the following conditions 
are met:
    (i) The transfer of wastes between units complying with the control 
requirements of subpart L of this part, process units, and the ammonia 
still is made through hard piping or other enclosed system.
    (ii) The ammonia still meets the definition of a sour water stripper 
in Sec. 61.341.
    (3) The determination of annual waste quantity for wastes that are 
received at hazardous waste treatment, storage, or disposal facilities 
from offsite shall be made at the point where the waste enters the 
hazardous waste treatment, storage, or disposal facility.
    (4) The determination of annual waste quantity for each process unit 
turnaround waste generated only at 2 year or greater intervals, may be 
made by dividing the total quantity of waste generated during the most 
recent process unit turnaround by the time period (in the nearest tenth 
of a year) between the turnaround resulting in generation of the waste 
and the most recent preceding process turnaround for the unit. The 
resulting annual waste quantity shall be included in the calculation of 
the annual benzene quantity as provided in paragraph (a)(1)(iii) of this 
section for the year in which the turnaround occurs and for each 
subsequent year until the unit undergoes the next process turnaround. 
For estimates of total annual benzene quantity as specified in the 90-
day report, required under Sec. 61.357(a)(1), the owner or operator 
shall estimate the waste quantity generated during the most recent 
turnaround, and the time period between turnarounds in accordance with 
good engineering practices. If the owner or operator chooses not to 
annualize process unit turnaround waste, as specified in this paragraph, 
then the process unit turnaround waste quantity shall be included in the 
calculation of the annual benzene quantity for the year in which the 
turnaround occurs.
    (5) Select the highest annual quantity of waste managed from 
historical records representing the most recent 5 years of operation or, 
if the facility has been in service for less than 5 years but at least 1 
year, from historical records representing the total operating life of 
the facility;
    (6) Use the maximum design capacity of the waste management unit; or
    (7) Use measurements that are representative of maximum waste 
generation rates.
    (c) For the purposes of the calculation required by Secs. 61.355(a) 
of this subpart, an owner or operator shall determine the flow-weighted 
annual average ben- zene concentration in a manner that meets the 
requirements given in paragraph (c)(1) of this section using either of 
the methods given in paragraphs (c)(2) and (c)(3) of this section.
    (1) The determination of flow-weighted annual average benzene 
concentration shall meet all of the following criteria:
    (i) The determination shall be made at the point of waste generation 
except for the specific cases given in paragraphs (c)(1)(i)(A) through 
(D) of this section.
    (A) The determination for sour water streams that are processed in 
sour water strippers shall be made at the point that the water exits the 
sour water stripper.
    (B) The determination for wastes at coke by-product plants subject 
to and

[[Page 187]]

complying with the control requirements of Sec. 61.132, 61.133, 61.134, 
or 61.139 of subpart L of this part shall be made at the location that 
the waste stream exits the process unit component or waste management 
unit controlled by that subpart or at the exit of the ammonia still, 
provided that the following conditions are met:
    (1) The transfer of wastes between units complying with the control 
requirements of subpart L of this part, process units, and the ammonia 
still is made through hard piping or other enclosed system.
    (2) The ammonia still meets the definition of a sour water stripper 
in Sec. 61.341.
    (C) The determination for wastes that are received from offsite 
shall be made at the point where the waste enters the hazardous waste 
treatment, storage, or disposal facility.
    (D) The determination of flow-weighted annual average benzene 
concentration for process unit turnaround waste shall be made using 
either of the methods given in paragraph (c)(2) or (c)(3) of this 
section. The resulting flow-weighted annual average benzene 
concentration shall be included in the calculation of annual benzene 
quantity as provided in paragraph (a)(1)(iii) of this section for the 
year in which the turnaround occurs and for each subsequent year until 
the unit undergoes the next process unit turnaround.
    (ii) Volatilization of the benzene by exposure to air shall not be 
used in the determination to reduce the benzene concentration.
    (iii) Mixing or diluting the waste stream with other wastes or other 
materials shall not be used in the determination--to reduce the benzene 
concentration.
    (iv) The determination shall be made prior to any treatment of the 
waste that removes benzene, except as specified in paragraphs 
(c)(1)(i)(A) through (D) of this section.
    (v) For wastes with multiple phases, the determination shall provide 
the weighted-average benzene concentration based on the benzene 
concentration in each phase of the waste and the relative proportion of 
the phases.
    (2) Knowledge of the waste. The owner or operator shall provide 
sufficient information to document the flow-weighted annual average 
benzene concentration of each waste stream. Examples of information that 
could constitute knowledge include material balances, records of 
chemicals purchases, or previous test results provided the results are 
still relevant to the current waste stream conditions. If test data are 
used, then the owner or operator shall provide documentation describing 
the testing protocol and the means by which sampling variability and 
analytical variability were accounted for in the determination of the 
flow-weighted annual average benzene concentration for the waste stream. 
When an owner or operator and the Administrator do not agree on 
determinations of the flow-weighted annual average benzene concentration 
based on knowledge of the waste, the procedures under paragraph (c)(3) 
of this section shall be used to resolve the disagreement.
    (3) Measurements of the benzene concentration in the waste stream in 
accordance with the following procedures:
    (i) Collect a minimum of three representative samples from each 
waste stream. Where feasible, samples shall be taken from an enclosed 
pipe prior to the waste being exposed to the atmosphere.
    (ii) For waste in enclosed pipes, the following procedures shall be 
used:
    (A) Samples shall be collected prior to the waste being exposed to 
the atmosphere in order to minimize the loss of benzene prior to 
sampling.
    (B) A static mixer shall be installed in the process line or in a 
by-pass line unless the owner or operator demonstrates that installation 
of a static mixer in the line is not necessary to accurately determine 
the benzene concentration of the waste stream.
    (C) The sampling tap shall be located within two pipe diameters of 
the static mixer outlet.
    (D) Prior to the initiation of sampling, sample lines and cooling 
coil shall be purged with at least four volumes of waste.
    (E) After purging, the sample flow shall be directed to a sample 
container and the tip of the sampling tube shall be kept below the 
surface of the waste

[[Page 188]]

during sampling to minimize contact with the atmosphere.
    (F) Samples shall be collected at a flow rate such that the cooling 
coil is able to maintain a waste temperature less than 10 deg.C.
    (G) After filling, the sample container shall be capped immediately 
(within 5 seconds) to leave a minimum headspace in the container.
    (H) The sample containers shall immediately be cooled and maintained 
at a temperature below 10 deg.C for transfer to the laboratory.
    (iii) When sampling from an enclosed pipe is not feasible, a minimum 
of three representative samples shall be collected in a manner to 
minimize exposure of the sample to the atmosphere and loss of benzene 
prior to sampling.
    (iv) Each waste sample shall be analyzed using one of the following 
test methods for determining the benzene concentration in a waste 
stream:
    (A) Method 8020, Aromatic Volatile Organics, in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846 (incorporation by reference as specified in Sec. 61.18 of this 
part);
    (B) Method 8021, Volatile Organic Compounds in Water by Purge and 
Trap Capillary Column Gas Chromatography with Photoionization and 
Electrolytic Conductivity Detectors in Series in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846 (incorporation by reference as specified in Sec. 61.18 of this 
part);
    (C) Method 8240, Gas Chromatography/Mass Spectrometry for Volatile 
Organics in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846 (incorporation by reference as 
specified in Sec. 61.18 of this part);
    (D) Method 8260, Gas Chromatography/Mass Spectrometry for Volatile 
Organics: Capillary Column Technique in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846 
(incorporation by reference as specified in Sec. 61.18 of this part);
    (E) Method 602, Purgeable Aromatics, as described in 40 CFR part 
136, appendix A, Test Procedures for Analysis of Organic Pollutants, for 
wastewaters for which this is an approved EPA methods; or
    (F) Method 624, Purgeables, as described in 40 CFR part 136, 
appendix A, Test Procedures for Analysis of Organic Pollutants, for 
wastewaters for which this is an approved EPA method.
    (v) The flow-weighted annual average benzene concentration shall be 
calculated by averaging the results of the sample analyses as follows:

                                                                                                                
                                                     1             n                                            
                                                                                                                
                                             C =    ----   x      (Qi)(Ci)                             
                                                                                                                
                                                     Qt           i=1                                           
                                                                                                                
                                                                                                                
                                                                                                                

Where:

C=Flow-weighted annual average benzene concentration for waste stream, 
          ppmw.
Qt=Total annual waste quantity for waste stream, kg/yr.
n=Number of waste samples (at least 3).

Qi=Annual waste quantity for waste stream represented by Ci, 
          kg/yr.
Ci=Measured concentration of benzene in waste sample i, ppmw.
    (d) An owner or operator using performance tests to demonstrate 
compliance of a treatment process with Sec. 61.348 (a)(1)(i) shall 
measure the flow-weighted annual average benzene concentration of the 
waste stream exiting the treatment process by collecting and analyzing a 
minimum of three representative samples of the waste stream using the 
procedures in paragraph (c)(3) of this section. The test shall be 
conducted under conditions that exist when the treatment process is 
operating at the highest inlet waste stream flow rate and benzene 
content expected to occur. Operations during periods of startup, 
shutdown, and malfunction shall not constitute representative conditions 
for the purpose of a test. The owner or operator shall record all 
process information as is necessary to document the operating conditions 
during the test.
    (e) An owner or operator using performance tests to demonstrate 
compliance of a treatment process with Sec. 61.348(a)(1)(ii) of this 
subpart shall determine the percent reduction of benzene in the waste 
stream on a mass basis by the following procedure:

[[Page 189]]

    (1) The test shall be conducted under conditions that exist when the 
treatment process is operating at the highest inlet waste stream flow 
rate and benzene content expected to occur. Operations during periods of 
startup, shutdown, and malfunction shall not constitute representative 
conditions for the purpose of a test. The owner or operator shall record 
all process information as is necessary to document the operating 
conditions during the test.
    (2) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (3) The mass flow rate of benzene entering the treatment process 
(Eb) shall be determined by computing the product of the flow rate 
of the waste stream entering the treatment process, as determined by the 
inlet flow meter, and the benzene concentration of the waste stream, as 
determined using the sampling and analytical procedures specified in 
paragraph (c)(2) or (c)(3) of this section. Three grab samples of the 
waste shall be taken at equally spaced time intervals over a 1-hour 
period. Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of 3 runs conducted over a 3-hour period. The 
mass flow rate of benzene entering the treatment process is calculated 
as follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.007


Where:
Eb=Mass flow rate of benzene entering the treatment process, kg/
hour.
K=Density of the waste stream, kg/m\3\.
Vi=Average volume flow rate of waste entering the treatment process 
during each run i, m\3\/hour.
Ci=Average concentration of benzene in the waste stream entering 
the treatment process during each run i, ppmw.
n=Number of runs.

    (4) The mass flow rate of benzene exiting the treatment process 
(Ea) shall be determined by computing the product of the flow rate 
of the waste stream exiting the treatment process, as determined by the 
outlet flow meter or the inlet flow meter, and the benzene concentration 
of the waste stream, as determined using the sampling and analytical 
procedures specified in paragraph (c)(2) or (c)(3) of this section. 
Three grab samples of the waste shall be taken at equally spaced time 
intervals over a 1-hour period. Each 1-hour period constitutes a run, 
and the performance test shall consist of a minimum of 3 runs conducted 
over the same 3-hour period at which the mass flow rate of benzene 
entering the treatment process is determined. The mass flow rate of 
benzene exiting the treatment process is calculated as follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.008


Where:
Ea=Mass flow rate of benzene exiting the treatment process, kg/
hour.
K=Density of the waste stream, kg/m\3\.
Vi=Average volume flow rate of waste exiting the treatment process 
during each run i, m\3\/hour.
Ci=Average concentration of benzene in the waste stream exiting the 
treatment process during each run i, ppmw.
n=Number of runs.

    (f) An owner or operator using performance tests to demonstrate 
compliance of a treatment process with Sec. 61.348(a)(1)(iii) of this 
subpart shall determine the benzene destruction efficiency for the 
combustion unit by the following procedure:
    (1) The test shall be conducted under conditions that exist when the 
combustion unit is operating at the highest inlet waste stream flow rate 
and benzene content expected to occur. Operations during periods of 
startup, shutdown, and malfunction shall not constitute representative 
conditions for the purpose of a test. The owner or operator shall record 
all process information necessary to document the operating conditions 
during the test.

[[Page 190]]

    (2) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (3) The mass flow rate of benzene entering the combustion unit shall 
be determined by computing the product of the flow rate of the waste 
stream entering the combustion unit, as determined by the inlet flow 
meter, and the benzene concentration of the waste stream, as determined 
using the sampling procedures in paragraph (c)(2) or (c)(3) of this 
section. Three grab samples of the waste shall be taken at equally 
spaced time intervals over a 1-hour period. Each 1-hour period 
constitutes a run, and the performance test shall consist of a minimum 
of 3 runs conducted over a 3-hour period. The mass flow rate of benzene 
into the combustion unit is calculated as follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.009


Where:
Eb=Mass flow rate of benzene into the combustion unit, kg/hour.
K=Density of the waste stream, kg/m\3\.
Vi=Average volume flow rate of waste entering the combustion unit 
during each run i, m\3\/hour.
Ci=Average concentration of benzene in the waste stream entering 
the combustion unit during each run i, ppmw.
n=Number of runs.

    (4) The mass flow rate of benzene exiting the combustion unit 
exhaust stack shall be determined as follows:
    (i) The time period for the test shall not be less than 3 hours 
during which at least 3 stack gas samples are collected and be the same 
time period at which the mass flow rate of benzene entering the 
treatment process is determined. Each sample shall be collected over a 
1-hour period (e.g., in a tedlar bag) to represent a time-integrated 
composite sample and each 1-hour period shall correspond to the periods 
when the waste feed is sampled.
    (ii) A run shall consist of a 1-hour period during the test. For 
each run:
    (A) The reading from each measurement shall be recorded;
    (B) The volume exhausted shall be determined using method 2, 2A, 2C, 
or 2D from appendix A of 40 CFR part 60, as appropriate.
    (C) The average benzene concentration in the exhaust downstream of 
the combustion unit shall be determined using method 18 from appendix A 
of 40 CFR part 60.
    (iii) The mass of benzene emitted during each run shall be 
calculated as follows:

Mi=KVC(10-6)
Where:

Mi=Mass of benzene emitted during run i, kg.
V=Volume of air-vapor mixture exhausted at standard conditions, m3.
C=Concentration of benzene measured in the exhaust, ppmv.
K=Conversion factor=3.24 kg/m3 for benzene.

    (iv) The benzene mass emission rate in the exhaust shall be 
calculated as follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.010


Where:

Ea=Mass flow rate of benzene emitted, kg/hour.
Mi=Mass of benzene emitted during run i, kg.
T=Total time of all runs, hour.
n=Number of runs.

    (5) The benzene destruction efficiency for the combustion unit shall 
be calculated as follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.011


Where:

R=Benzene destruction efficiency for the combustion unit, percent.
Eb=Mass flow rate of benzene into the combustion unit, kg/hour.
Ea=Mass flow of benzene from the combustion unit, kg/hour.

    (g) An owner or operator using performance tests to demonstrate 
compliance of a wastewater treatment system unit with Sec. 61.348(b) 
shall measure the flow-weighted annual average benzene concentration of 
the wastewater

[[Page 191]]

stream where the waste stream enters an exempt waste management unit by 
collecting and analyzing a minimum of three representative samples of 
the waste stream using the procedures in paragraph (c)(3) of this 
section. The test shall be conducted under conditions that exist when 
the wastewater treatment system is operating at the highest inlet 
wastewater stream flow rate and benzene content expected to occur. 
Operations during periods of startup, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a test. The 
owner or operator shall record all process information as is necessary 
to document the operating conditions during the test.
    (h) An owner or operator shall test equipment for compliance with no 
detectable emissions as required in Secs. 61.343 through 61.347, and 
Sec. 61.349 of this subpart in accordance with the following 
requirements:
    (1) Monitoring shall comply with method 21 from appendix A of 40 CFR 
part 60.
    (2) The detection instrument shall meet the performance criteria of 
method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The background level shall be determined as set forth in method 
21.
    (6) The instrument probe shall be traversed around all potential 
leak interfaces as close as possible to the interface as described in 
method 21.
    (7) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared to 500 
ppm for determining compliance.
    (i) An owner or operator using a performance test to demonstrate 
compliance of a control device with either the organic reduction 
efficiency requirement or the benzene reduction efficiency requirement 
specified under Sec. 61.349(a)(2) shall use the following procedures:
    (1) The test shall be conducted under conditions that exist when the 
waste management unit vented to the control device is operating at the 
highest load or capacity level expected to occur. Operations during 
periods of startup, shutdown, and malfunction shall not constitute 
representative conditions for the purpose of a test. The owner or 
operator shall record all process information necessary to document the 
operating conditions during the test.
    (2) Sampling sites shall be selected using method 1 or 1A from 
appendix A of 40 CFR part 60, as appropriate.
    (3) The mass flow rate of either the organics or benzene entering 
and exiting the control device shall be determined as follows:
    (i) The time period for the test shall not be less than 3 hours 
during which at least 3 stack gas samples are collected. Samples of the 
vent stream entering and exiting the control device shall be collected 
during the same time period. Each sample shall be collected over a 1-
hour period (e.g., in a tedlar bag) to represent a time-integrated 
composite sample.
    (ii) A run shall consist of a 1-hour period during the test. For 
each run:
    (A) The reading from each measurement shall be recorded;
    (B) The volume exhausted shall be determined using method 2, 2A, 2C, 
or 2D from appendix A of 40 CFR part 60, as appropriate;
    (C) The organic concentration or the benzene concentration, as 
appropriate, in the vent stream entering and exiting the control shall 
be determined using Method 18 from Appendix A of 40 CFR part 60.
    (iii) The mass of organics or benzene entering and exiting the 
control device during each run shall be calculated as follows:


[[Page 192]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.012


Where:
Maj=Mass of organics or benzene in the vent stream entering the 
control device during run j, kg.
Mbj=Mass of organics or benzene in the vent stream exiting the 
control device during run j, kg.
Vaj=Volume of vent stream entering the control device during run j 
at standard conditions, m\3\.
Vbj=Volume of vent stream exiting the control device during run j 
at standard conditions, m\3\.
Cai=Organic concentration of compound i or the benzene 
concentration measured in the vent stream entering the control device as 
determined by Method 18, ppm by volume on a dry basis.
Cbi=Organic concentration of compound i or the benzene 
concentration measured in the vent stream exiting the control device as 
determined by Method 18, ppm by volume on a dry basis.
MWi=Molecular weight of organic compound i in the vent stream or 
the molecular weight of benzene, kg/kg-mol.
n=Number of organic compounds in the vent stream; if benzene reduction 
efficiency is being demonstrated, then n=1.
K=Conversion factor for molar volume=0.0416 kg-mol/m\3\ (at 293 deg.K 
and 760 mm Hg).
10 -6=Conversion from ppm, ppm -1.

    (iv) The mass flow rate of organics or benzene entering and exiting 
the control device shall be calculated as follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.013


Where:
Ea=Mass flow rate of organics or benzene entering the control 
device, kg/hour.
Eb=Mass flow rate of organics or benzene exiting the control 
device, kg/hour.
Maj=Mass of organics or benzene in the vent stream entering the 
control device during run j, kg.
Mbj=Mass of organics or benzene in vent stream exiting the control 
device during run j, kg.
T=Total time of all runs, hour.
n=Number of runs.

    (4) The organic reduction efficiency or the benzene reduction 
efficiency for the control device shall be calculated as follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.014


Where:
R=Total organic reduction efficiency or benzene reduction efficiency for 
the control device, percent.

[[Page 193]]

Ea=Mass flow rate of organics or benzene entering the control 
device, kg/hr.
Eb=Mass flow rate of organics or benzene exiting the control 
device, kg/hr.

    (j) An owner or operator shall determine the benzene quantity for 
the purposes of the calculation required by Sec. 61.342 (c)(3)(ii)(B) 
according to the provisions of paragraph (a) of this section, except 
that the procedures in paragraph (a) of this section shall also apply to 
wastes with a water content of 10 percent or less.
    (k) An owner or operator shall determine the benzene quantity for 
the purposes of the calculation required by Sec. 61.342(e)(2) by the 
following procedure:
    (1) For each waste stream that is not controlled for air emissions 
in accordance with Sec. 61.343. 61.344, 61.345, 61.346, 61.347, or 
61.348(a), as applicable to the waste management unit that manages the 
waste, the benzene quantity shall be determined as specified in 
paragraph (a) of this section, except that paragraph (b)(4) of this 
section shall not apply, i.e., the waste quantity for process unit 
turnaround waste is not annualized but shall be included in the 
determination of benzene quantity for the year in which the waste is 
generated for the purposes of the calculation required by 
Sec. 61.342(e)(2).
    (2) For each waste stream that is controlled for air emissions in 
accordance with Sec. 61.343. 61.344, 61.345, 61.346, 61.347, or 
61.348(a), as applicable to the waste management unit that manages the 
waste, the determination of annual waste quantity and flow-weighted 
annual average benzene concentration shall be made at the first 
applicable location as described in paragraphs (k)(2)(i), (k)(2)(ii), 
and (k)(2)(iii) of this section and prior to any reduction of benzene 
concentration through volatilization of the benzene, using the methods 
given in (k)(2)(iv) and (k)(2)(v) of this section.
    (i) Where the waste stream enters the first waste management unit 
not complying with Secs. 61.343, 61.344, 61.345, 61.346, 61.347, and 
61.348(a) that are applicable to the waste management unit,
    (ii) For each waste stream that is managed or treated only in 
compliance with Secs. 61.343 through 61.348(a) up to the point of final 
direct discharge from the facility, the determination of benzene 
quantity shall be prior to any reduction of benzene concentration 
through volatilization of the benzene, or
    (iii) For wastes managed in units controlled for air emissions in 
accordance with Secs. 61.343, 61.344, 61.345, 61.346, 61.347, and 
61.348(a), and then transferred offsite, facilities shall use the first 
applicable offsite location as described in paragraphs (k)(2)(i) and 
(k)(2)(ii) of this section if they have documentation from the offsite 
facility of the benzene quantity at this location. Facilities without 
this documentation for offsite wastes shall use the benzene quantity 
determined at the point where the transferred waste leaves the facility.
    (iv) Annual waste quantity shall be determined using the procedures 
in paragraphs (b)(5), (6), or (7) of this section, and
    (v) The flow-weighted annual average benzene concentration shall be 
determined using the procedures in paragraphs (c)(2) or (3) of this 
section.
    (3) The benzene quantity in a waste stream that is generated less 
than one time per year, including process unit turnaround waste, shall 
be included in the determination of benzene quantity as determined in 
paragraph (k)(6) of this section for the year in which the waste is 
generated. The benzene quantity in this waste stream shall not be 
annualized or averaged over the time interval between the activities 
that resulted in generation of the waste for purposes of determining 
benzene quantity as determined in paragraph (k)(6) of this section.
    (4) The benzene in waste entering an enhanced biodegradation unit, 
as defined in Sec. 61.348(b)(2)(ii)(B), shall not be included in the 
determination of benzene quantity, determined in paragraph (k)(6) of 
this section, if the following conditions are met:
    (i) The benzene concentration for each waste stream entering the 
enhanced biodegradation unit is less than 10 ppmw on a flow-weighted 
annual average basis, and
    (ii) All prior waste management units managing the waste comply 
with 

[[Page 194]]

Secs. 61.343, 61.344, 61.345, 61.346, 61.347 and 61.348(a).
    (5) The benzene quantity for each waste stream in paragraph (k)(2) 
of this section shall be determined by multiplying the annual waste 
quantity of each waste stream times its flow-weighted annual average 
benzene concentration.
    (6) The total benzene quantity for the purposes of the calculation 
required by Sec. 61.342(e)(2) shall be determined by adding together the 
benzene quantities determined in paragraphs (k)(1) and (k)(5) of this 
section for each applicable waste stream.
    (7) If the benzene quantity determined in paragraph (6) of this 
section exceeds 6.0 Mg/yr only because of multiple counting of the 
benzene quantity for a waste stream, the owner or operator may use the 
following procedures for the purposes of the calculation required by 
Sec. 61.342(e)(2):
    (i) Determine which waste management units are involved in the 
multiple counting of benzene;
    (ii) Determine the quantity of benzene that is emitted, recovered, 
or removed from the affected units identified in paragraph (k)(7)(i) of 
this section, or destroyed in the units if applicable, using either 
direct measurements or the best available estimation techniques 
developed or approved by the Administrator.
    (iii) Adjust the benzene quantity to eliminate the multiple counting 
of benzene based on the results from paragraph (k)(7)(ii) of this 
section and determine the total benzene quantity for the purposes of the 
calculation required by Sec. 61.342(e)(2).
    (iv) Submit in the annual report required under Sec. 61.357(a) a 
description of the methods used and the resulting calculations for the 
alternative procedure under paragraph (k)(7) of this section, the 
benzene quantity determination from paragraph (k)(6) of this section, 
and the adjusted benzene quantity determination from paragraph 
(k)(7)(iii) of this section.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990, as amended at 55 
FR 37231, Sept. 10, 1990; 58 FR 3099, Jan. 7, 1993]



Sec. 61.356  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to the provisions 
of this subpart shall comply with the recordkeeping requirements of this 
section. Each record shall be maintained in a readily accessible 
location at the facility site for a period not less than two years from 
the date the information is recorded unless otherwise specified.
    (b) Each owner or operator shall maintain records that identify each 
waste stream at the facility subject to this subpart, and indicate 
whether or not the waste stream is controlled for benzene emissions in 
accordance with this subpart. In addition the owner or operator shall 
maintain the following records:
    (1) For each waste stream not controlled for benzene emissions in 
accordance with this subpart, the records shall include all test 
results, measurements, calculations, and other documentation used to 
determine the following information for the waste stream: waste stream 
identification, water content, whether or not the waste stream is a 
process wastewater stream, annual waste quantity, range of benzene 
concentrations, annual average flow-weighted benzene concentration, and 
annual benzene quantity.
    (2) For each waste stream exempt from Sec. 61.342(c)(1) in 
accordance with Sec. 61.342(c)(3), the records shall include:
    (i) All measurements, calculations, and other documentation used to 
determine that the continuous flow of process wastewater is less than 
0.02 liters per minute or the annual waste quantity of process 
wastewater is less than 10 Mg/yr in accordance with 
Sec. 61.342(c)(3)(i), or
    (ii) All measurements, calculations, and other documentation used to 
determine that the sum of the total annual benzene quantity in all 
exempt waste streams does not exceed 2.0 Mg/yr in accordance with 
Sec. 61.342(c)(3)(ii).
    (3) For each facility where process wastewater streams are 
controlled for benzene emissions in accordance with Sec. 61.342(d) of 
this subpart, the records shall include for each treated process 
wastewater stream all measurements, calculations, and other 
documentation used to determine the annual benzene

[[Page 195]]

quantity in the process wastewater stream exiting the treatment process.
    (4) For each facility where waste streams are controlled for benzene 
emissions in accordance with Sec. 61.342(e), the records shall include 
for each waste stream all measurements, including the locations of the 
measurements, calculations, and other documentation used to determine 
that the total benzene quantity does not exceed 6.0 Mg/yr.
    (5) For each facility where the annual waste quantity for process 
unit turnaround waste is determined in accordance with 
Sec. 61.355(b)(5), the records shall include all test results, 
measurements, calculations, and other documentation used to determine 
the following information: identification of each process unit at the 
facility that undergoes turnarounds, the date of the most recent 
turnaround for each process unit, identification of each process unit 
turnaround waste, the water content of each process unit turnaround 
waste, the annual waste quantity determined in accordance with 
Sec. 61.355(b)(5), the range of benzene concentrations in the waste, the 
annual average flow-weighted benzene concentration of the waste, and the 
annual benzene quantity calculated in accordance with 
Sec. 61.355(a)(1)(iii) of this section.
    (6) For each facility where wastewater streams are controlled for 
benzene emissions in accordance with Sec. 61.348(b)(2), the records 
shall include all measurements, calculations, and other documentation 
used to determine the annual benzene content of the waste streams and 
the total annual benzene quantity contained in all waste streams managed 
or treated in exempt waste management units.
    (c) An owner or operator transferring waste off-site to another 
facility for treatment in accordance with Sec. 61.342(f) shall maintain 
documentation for each offsite waste shipment that includes the 
following information: Date waste is shipped offsite, quantity of waste 
shipped offsite, name and address of the facility receiving the waste, 
and a copy of the notice sent with the waste shipment.
    (d) An owner or operator using control equipment in accordance with 
Secs. 61.343 through 61.347 shall maintain engineering design 
documentation for all control equipment that is installed on the waste 
management unit. The documentation shall be retained for the life of the 
control equipment. If a control device is used, then the owner or 
operator shall maintain the control device records required by paragraph 
(f) of this section.
    (e) An owner or operator using a treatment process or wastewater 
treatment system unit in accordance with Sec. 61.348 of this subpart 
shall maintain the following records. The documentation shall be 
retained for the life of the unit.
    (1) A statement signed and dated by the owner or operator certifying 
that the unit is designed to operate at the documented performance level 
when the waste stream entering the unit is at the highest waste stream 
flow rate and benzene content expected to occur.
    (2) If engineering calculations are used to determine treatment 
process or wastewater treatment system unit performance, then the owner 
or operator shall maintain the complete design analysis for the unit. 
The design analysis shall include for example the following information: 
Design specifications, drawings, schematics, piping and instrumentation 
diagrams, and other documentation necessary to demonstrate the unit 
performance.
    (3) If performance tests are used to determine treatment process or 
wastewater treatment system unit performance, then the owner or operator 
shall maintain all test information necessary to demonstrate the unit 
performance.
    (i) A description of the unit including the following information: 
type of treatment process; manufacturer name and model number; and for 
each waste stream entering and exiting the unit, the waste stream type 
(e.g., process wastewater, sludge, slurry, etc.), and the design flow 
rate and benzene content.
    (ii) Documentation describing the test protocol and the means by 
which sampling variability and analytical variability were accounted for 
in the determination of the unit performance. The description of the 
test protocol

[[Page 196]]

shall include the following information: sampling locations, sampling 
method, sampling frequency, and analytical procedures used for sample 
analysis.
    (iii) Records of unit operating conditions during each test run 
including all key process parameters.
    (iv) All test results.
    (4) If a control device is used, then the owner or operator shall 
maintain the control device records required by paragraph (f) of this 
section.
    (f) An owner or operator using a closed-vent system and control 
device in accordance with Sec. 61.349 of this subpart shall maintain the 
following records. The documentation shall be retained for the life of 
the control device.
    (1) A statement signed and dated by the owner or operator certifying 
that the closed-vent system and control device is designed to operate at 
the documented performance level when the waste management unit vented 
to the control device is or would be operating at the highest load or 
capacity expected to occur.
    (2) If engineering calculations are used to determine control device 
performance in accordance with Sec. 61.349(c), then a design analysis 
for the control device that includes for example:
    (i) Specifications, drawings, schematics, and piping and 
instrumentation diagrams prepared by the owner or operator, or the 
control device manufacturer or vendor that describe the control device 
design based on acceptable engineering texts. The design analysis shall 
address the following vent stream characteristics and control device 
operating parameters:
    (A) For a thermal vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperatures across the catalyst bed inlet and outlet.
    (C) For a boiler or process heater, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average flame zone temperatures, combustion zone residence time, and 
description of method and location where the vent stream is introduced 
into the flame zone.
    (D) For a flare, the design analysis shall consider the vent stream 
composition, constituent concentrations, and flow rate. The design 
analysis shall also consider the requirements specified in 40 CFR 60.18.
    (E) For a condenser, the design analysis shall consider the vent 
stream composition, constituent concentration, flow rate, relative 
humidity, and temperature. The design analysis shall also establish the 
design outlet organic compound concentration level or the design outlet 
benzene concentration level, design average temperature of the condenser 
exhaust vent stream, and the design average temperatures of the coolant 
fluid at the condenser inlet and outlet.
    (F) For a carbon adsorption system that regenerates the carbon bed 
directly on-site in the control device such as a fixed-bed adsorber, the 
design analysis shall consider the vent stream composition, constituent 
concentration, flow rate, relative humidity, and temperature. The design 
analysis shall also establish the design exhaust vent stream organic 
compound concentration level or the design exhaust vent stream benzene 
concentration level, number and capacity of carbon beds, type and 
working capacity of activated carbon used for carbon beds, design total 
steam flow over the period of each complete carbon bed regeneration 
cycle, duration of the carbon bed steaming and cooling/drying cycles, 
design carbon bed temperature after regeneration, design carbon bed 
regeneration time, and design service life of carbon.
    (G) For a carbon adsorption system that does not regenerate the 
carbon bed directly on-site in the control device, such as a carbon 
canister, the design analysis shall consider the vent

[[Page 197]]

stream composition, constituent concentration, flow rate, relative 
humidity, and temperature. The design analysis shall also establish the 
design exhaust vent stream organic compound concentration level or the 
design exhaust vent stream benzene concentration level, capacity of 
carbon bed, type and working capacity of activated carbon used for 
carbon bed, and design carbon replacement interval based on the total 
carbon working capacity of the control device and source operating 
schedule.
    (H) For a control device subject to the requirements of 
Sec. 61.349(a)(2)(iv), the design analysis shall consider the vent 
stream composition, constituent concentration, and flow rate. The design 
analysis shall also include all of the information submitted under 
Sec. 61.349 (a)(2)(iv).
    (ii) [Reserved]
    (3) If performance tests are used to determine control device 
performance in accordance with Sec. 61.349(c) of this subpart:
    (i) A description of how it is determined that the test is conducted 
when the waste management unit or treatment process is operating at the 
highest load or capacity level. This description shall include the 
estimated or design flow rate and organic content of each vent stream 
and definition of the acceptable operating ranges of key process and 
control parameters during the test program.
    (ii) A description of the control device including the type of 
control device, control device manufacturer's name and model number, 
control device dimensions, capacity, and construction materials.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (iv) All test results.
    (g) An owner or operator shall maintain a record for each visual 
inspection required by Secs. 61.343 through 61.347 of this subpart that 
identifies a problem (such as a broken seal, gap or other problem) which 
could result in benzene emissions. The record shall include the date of 
the inspection, waste management unit and control equipment location 
where the problem is identified, a description of the problem, a 
description of the corrective action taken, and the date the corrective 
action was completed.
    (h) An owner or operator shall maintain a record for each test of no 
detectable emissions required by Secs. 61.343 through 61.347 and 
Sec. 61.349 of this subpart. The record shall include the following 
information: date the test is performed, background level measured 
during test, and maximum concentration indicated by the instrument 
reading measured for each potential leak interface. If detectable 
emissions are measured at a leak interface, then the record shall also 
include the waste management unit, control equipment, and leak interface 
location where detectable emissions were measured, a description of the 
problem, a description of the corrective action taken, and the date the 
corrective action was completed.
    (i) For each treatment process and wastewater treatment system unit 
operated to comply with Sec. 61.348, the owner or operator shall 
maintain documentation that includes the following information regarding 
the unit operation:
    (1) Dates of startup and shutdown of the unit.
    (2) If measurements of waste stream benzene concentration are 
performed in accordance with Sec. 61.354(a)(1) of this subpart, the 
owner or operator shall maintain records that include date each test is 
performed and all test results.
    (3) If a process parameter is continuously monitored in accordance 
with Sec. 61.354(a)(2) of this subpart, the owner or operator shall 
maintain records that include a description of the operating parameter 
(or parameters ) to be monitored to ensure that the unit will be 
operated in conformance with these standards and the unit's design 
specifications, and an explanation of the criteria used for selection of 
that parameter (or parameters). This documentation shall be kept for the 
life of the unit.
    (4) If measurements of waste stream benzene concentration are 
performed

[[Page 198]]

in accordance with Sec. 61.354(b), the owner or operator shall maintain 
records that include the date each test is performed and all test 
results.
    (5) Periods when the unit is not operated as designed.
    (j) For each control device, the owner or operator shall maintain 
documentation that includes the following information regarding the 
control device operation:
    (1) Dates of startup and shutdown of the closed-vent system and 
control device.
    (2) A description of the operating parameter (or parameters ) to be 
monitored to ensure that the control device will be operated in 
conformance with these standards and the control device's design 
specifications and an explanation of the criteria used for selection of 
that parameter (or parameters). This documentation shall be kept for the 
life of the control device.
    (3) Periods when the closed-vent system and control device are not 
operated as designed including all periods and the duration when:
    (i) Any valve car-seal or closure mechanism required under 
Sec. 61.349(a)(1)(ii) is broken or the by-pass line valve position has 
changed.
    (ii) The flow monitoring devices required under 
Sec. 61.349(a)(1)(ii) indicate that vapors are not routed to the control 
device as required.
    (4) If a thermal vapor incinerator is used, then the owner or 
operator shall maintain continuous records of the temperature of the gas 
stream in the combustion zone of the incinerator and records of all 3-
hour periods of operation during which the average temperature of the 
gas stream in the combustion zone is more than 28  deg.C below the 
design combustion zone temperature.
    (5) If a catalytic vapor incinerator is used, then the owner or 
operator shall maintain continuous records of the temperature of the gas 
stream both upstream and downstream of the catalyst bed of the 
incinerator, records of all 3-hour periods of operation during which the 
average temperature measured before the catalyst bed is more than 28  
deg.C below the design gas stream temperature, and records of all 3-hour 
periods of operation during which the average temperature difference 
across the catalyst bed is less than 80 percent of the design 
temperature difference.
    (6) If a boiler or process heater is used, then the owner or 
operator shall maintain records of each occurrence when there is a 
change in the location at which the vent stream is introduced into the 
flame zone as required by Sec. 61.349(a)(2)(i)(C). For a boiler or 
process heater having a design heat input capacity less than 44 MW, the 
owner or operator shall maintain continuous records of the temperature 
of the gas stream in the combustion zone of the boiler or process heater 
and records of all 3-hour periods of operation during which the average 
temperature of the gas stream in the combustion zone is more than 
28 deg.C below the design combustion zone temperature. For a boiler or 
process heater having a design heat input capacity greater than or equal 
to 44 MW, the owner or operator shall maintain continuous records of the 
parameter(s) monitored in accordance with the requirements of 
Sec. 61.354(c)(5).
    (7) If a flare is used, then the owner or operator shall maintain 
continuous records of the flare pilot flame monitoring and records of 
all periods during which the pilot flame is absent.
    (8) If a condenser is used, then the owner or operator shall 
maintain records from the monitoring device of the parameters selected 
to be monitored in accordance with Sec. 61.354(c)(6). If concentration 
of organics or concentration of benzene in the control device outlet gas 
stream is monitored, then the owner or operator shall record all 3-hour 
periods of operation during which the concentration of organics or the 
concentration of benzene in the exhaust stream is more than 20 percent 
greater than the design value. If the temperature of the condenser 
exhaust stream and coolant fluid is monitored, then the owner or 
operator shall record all 3-hour periods of operation during which the 
temperature of the condenser exhaust vent stream is more than 6  deg.C 
above the design average exhaust vent stream temperature, or the 
temperature of the coolant fluid exiting the condenser is more than 6 
deg.C above the design average coolant fluid temperature at the 
condenser outlet.

[[Page 199]]

    (9) If a carbon adsorber is used, then the owner or operator shall 
maintain records from the monitoring device of the concentration of 
organics or the concentration of benzene in the control device outlet 
gas stream. If the concentration of organics or the concentration of 
benzene in the control device outlet gas stream is monitored, then the 
owner or operator shall record all 3-hour periods of operation during 
which the concentration of organics or the concentration of benzene in 
the exhaust stream is more than 20 percent greater than the design 
value. If the carbon bed regeneration interval is monitored, then the 
owner or operator shall record each occurrence when the vent stream 
continues to flow through the control device beyond the predetermined 
carbon bed regeneration time.
    (10) If a carbon adsorber that is not regenerated directly on site 
in the control device is used, then the owner or operator shall maintain 
records of dates and times when the control device is monitored, when 
breakthrough is measured, and shall record the date and time then the 
existing carbon in the control device is replaced with fresh carbon.
    (11) If an alternative operational or process parameter is monitored 
for a control device, as allowed in Sec. 61.354(e) of this subpart, then 
the owner or operator shall maintain records of the continuously 
monitored parameter, including periods when the device is not operated 
as designed.
    (12) If a control device subject to the requirements of 
Sec. 61.349(a)(2)(iv) is used, then the owner or operator shall maintain 
records of the parameters that are monitored and each occurrence when 
the parameters monitored are outside the range of values specified in 
Sec. 61.349(a)(2)(iv)(C), or other records as specified by the 
Administrator.
    (k) An owner or operator who elects to install and operate the 
control equipment in Sec. 61.351 of this subpart shall comply with the 
recordkeeping requirements in 40 CFR 60.115b.
    (l) An owner or operator who elects to install and operate the 
control equipment in Sec. 61.352 of this subpart shall maintain records 
of the following:
    (1) The date, location, and corrective action for each visual 
inspection required by 40 CFR 60.693-2(a)(5), during which a broken 
seal, gap, or other problem is identified that could result in benzene 
emissions.
    (2) Results of the seal gap measurements required by 40 CFR 60.693-
2(a).
    (m) If a system is used for emission control that is maintained at a 
pressure less than atmospheric pressure with openings to provide 
dilution air, then the owner or operator shall maintain records of the 
monitoring device and records of all periods during which the pressure 
in the unit is operated at a pressure that is equal to or greater than 
atmospheric pressure.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990; 55 FR 18331, May 
2, 1990, as amended at 58 FR 3103, Jan. 7, 1993]



Sec. 61.357  Reporting requirements.

    (a) Each owner or operator of a chemical plant, petroleum refinery, 
coke by-product recovery plant, and any facility managing wastes from 
these industries shall submit to the Administrator within 90 days after 
January 7, 1993, or by the initial startup for a new source with an 
initial startup after the effective date, a report that summarizes the 
regulatory status of each waste stream subject to Sec. 61.342 and is 
determined by the procedures specified in Sec. 61.355(c) to contain 
benzene. Each owner or operator subject to this subpart who has no 
benzene onsite in wastes, products, by-products, or intermediates shall 
submit an initial report that is a statement to this effect. For all 
other owners or operators subject to this subpart, the report shall 
include the following information:
    (1) Total annual benzene quantity from facility waste determined in 
accordance with Sec. 61.355(a) of this subpart.
    (2) A table identifying each waste stream and whether or not the 
waste stream will be controlled for benzene emissions in accordance with 
the requirements of this subpart.
    (3) For each waste stream identified as not being controlled for 
benzene emissions in accordance with the requirements of this subpart 
the following information shall be added to the table:

[[Page 200]]

    (i) Whether or not the water content of the waste stream is greater 
than 10 percent;
    (ii) Whether or not the waste stream is a process wastewater stream, 
product tank drawdown, or landfill leachate;
    (iii) Annual waste quantity for the waste stream;
    (iv) Range of benzene concentrations for the waste stream;
    (v) Annual average flow-weighted benzene concentration for the waste 
stream; and
    (vi) Annual benzene quantity for the waste stream.
    (4) The information required in paragraphs (a) (1), (2), and (3) of 
this section should represent the waste stream characteristics based on 
current configuration and operating conditions. An owner or operator 
only needs to list in the report those waste streams that contact 
materials containing benzene. The report does not need to include a 
description of the controls to be installed to comply with the standard 
or other information required in Sec. 61.10(a).
    (b) If the total annual benzene quantity from facility waste is less 
than 1 Mg/yr, then the owner or operator shall submit to the 
Administrator a report that updates the information listed in paragraphs 
(a)(1) through (a)(3) of this section whenever there is a change in the 
process generating the waste stream that could cause the total annual 
benzene quantity from facility waste to increase to 1 Mg/yr or more.
    (c) If the total annual benzene quantity from facility waste is less 
than 10 Mg/yr but is equal to or greater than 1 Mg/yr, then the owner or 
operator shall submit to the Administrator a report that updates the 
information listed in paragraphs (a)(1) through (a)(3) of this section. 
The report shall be submitted annually and whenever there is a change in 
the process generating the waste stream that could cause the total 
annual benzene quantity from facility waste to increase to 10 Mg/yr or 
more. If the information in the annual report required by paragraphs 
(a)(1) through (a)(3) of this section is not changed in the following 
year, the owner or operator may submit a statement to that effect.
    (d) If the total annual benzene quantity from facility waste is 
equal to or greater than 10 Mg/yr, then the owner or operator shall 
submit to the Administrator the following reports:
    (1) Within 90 days after January 7, 1993, unless a waiver of 
compliance under Sec. 61.11 of this part is granted, or by the date of 
initial startup for a new source with an initial startup after the 
effective date, a certification that the equipment necessary to comply 
with these standards has been installed and that the required initial 
inspections or tests have been carried out in accordance with this 
subpart. If a waiver of compliance is granted under Sec. 61.11, the 
certification of equipment necessary to comply with these standards 
shall be submitted by the date the waiver of compliance expires.
    (2) Beginning on the date that the equipment necessary to comply 
with these standards has been certified in accordance with paragraph 
(d)(1) of this section, the owner or operator shall submit annually to 
the Administrator a report that updates the information listed in 
paragraphs (a)(1) through (a)(3) of this section. If the information in 
the annual report required by paragraphs (a)(1) through (a)(3) of this 
section is not changed in the following year, the owner or operator may 
submit a statement to that effect.
    (3) If an owner or operator elects to comply with the requirements 
of Sec. 61.342(c)(3)(ii), then the report required by paragraph (d)(2) 
of this section shall include a table identifying each waste stream 
chosen for exemption and the total annual benzene quantity in these 
exempted streams.
    (4) If an owner or operator elects to comply with the alternative 
requirements of Sec. 61.342(d) of this subpart, then he shall include in 
the report required by paragraph (d)(2) of this section a table 
presenting the following information for each process wastewater stream:
    (i) Whether or not the process wastewater stream is being controlled 
for benzene emissions in accordance with the requirements of this 
subpart;

[[Page 201]]

    (ii) For each process wastewater stream identified as not being 
controlled for benzene emissions in accordance with the requirements of 
this subpart, the table shall report the following information for the 
process wastewater stream as determined at the point of waste 
generation: annual waste quantity, range of benzene concentrations, 
annual average flow-weighted benzene concentration, and annual benzene 
quantity;
    (iii) For each process wastewater stream identified as being 
controlled for benzene emissions in accordance with the requirements of 
this subpart, the table shall report the following information for the 
process wastewater stream as determined at the exit to the treatment 
process: Annual waste quantity, range of benzene concentrations, annual 
average flow-weighted benzene concentration, and annual benzene 
quantity.
    (5) If an owner or operator elects to comply with the alternative 
requirements of Sec. 61.342(e), then the report required by paragraph 
(d)(2) of this section shall include a table presenting the following 
information for each waste stream:
    (i) For each waste stream identified as not being controlled for 
benzene emissions in accordance with the requirements of this subpart; 
the table shall report the following information for the waste stream as 
determined at the point of waste generation: annual waste quantity, 
range of benzene concentrations, annual average flow-weighted benzene 
concentration, and annual benzene quantity;
    (ii) For each waste stream identified as being controlled for 
benzene emissions in accordance with the requirements of this subpart; 
the table shall report the following information for the waste stream as 
determined at the applicable location described in Sec. 61.355(k)(2): 
Annual waste quantity, range of benzene concentrations, annual average 
flow-weighted benzene concentration, and annual benzene quantity.
    (6) Beginning 3 months after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph (d)(1) of this section, the owner or operator shall submit 
quarterly to the Administrator a certification that all of the required 
inspections have been carried out in accordance with the requirements of 
this subpart.
    (7) Beginning 3 months after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph (d)(1) of this section, the owner or operator shall submit a 
report quarterly to the Administrator that includes:
    (i) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec. 61.354(a)(1) of this subpart, then 
each period of operation during which the concentration of benzene in 
the monitored waste stream exiting the unit is equal to or greater than 
10 ppmw.
    (ii) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec. 61.354(a)(2) of this subpart, then 
each 3-hour period of operation during which the average value of the 
monitored parameter is outside the range of acceptable values or during 
which the unit is not operating as designed.
    (iii) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec. 61.354(b), then each period of 
operation during which the flow-weighted annual average concentration of 
benzene in the monitored waste stream entering the unit is equal to or 
greater than 10 ppmw and/or the total annual benzene quantity is equal 
to or greater than 1.0 mg/yr.
    (iv) For a control device monitored in accordance with 
Sec. 61.354(c) of this subpart, each period of operation monitored 
during which any of the following conditions occur, as applicable to the 
control device:
    (A) Each 3-hour period of operation during which the average 
temperature of the gas stream in the combustion zone of a thermal vapor 
incinerator, as measured by the temperature monitoring device, is more 
than 28 deg.C below the design combustion zone temperature.
    (B) Each 3-hour period of operation during which the average 
temperature of the gas stream immediately before the catalyst bed of a 
catalytic vapor incinerator, as measured by the temperature monitoring 
device, is more

[[Page 202]]

than 28 deg.C below the design gas stream temperature, and any 3-hour 
period during which the average temperature difference across the 
catalyst bed (i.e., the difference between the temperatures of the gas 
stream immediately before and after the catalyst bed), as measured by 
the temperature monitoring device, is less than 80 percent of the design 
temperature difference.
    (C) Each 3-hour period of operation during which the average 
temperature of the gas stream in the combustion zone of a boiler or 
process heater having a design heat input capacity less than 44 MW, as 
mesured by the temperature monitoring device, is more than 28 deg.C 
below the design combustion zone temperature.
    (D) Each 3-hour period of operation during which the average 
concentration of organics or the average concentration of benzene in the 
exhaust gases from a carbon adsorber, condenser, or other vapor recovery 
system is more than 20 percent greater than the design concentration 
level of organics or benzene in the exhaust gas.
    (E) Each 3-hour period of operation during which the temperature of 
the condenser exhaust vent stream is more than 6 deg.C above the design 
average exhaust vent stream temperature, or the temperature of the 
coolant fluid exiting the condenser is more than 6 deg.C above the 
design average coolant fluid temperature at the condenser outlet.
    (F) Each period in which the pilot flame of a flare is absent.
    (G) Each occurrence when there is a change in the location at which 
the vent stream is introduced into the flame zone of a boiler or process 
heater as required by Sec. 61.349(a)(2)(i)(C) of this subpart.
    (H) Each occurrence when the carbon in a carbon adsorber system that 
is regenerated directly on site in the control device is not regenerated 
at the predetermined carbon bed regeneration time.
    (I) Each occurrence when the carbon in a carbon adsorber system that 
is not regenerated directly on site in the control device is not 
replaced at the predetermined interval specified in Sec. 61.354(c) of 
this subpart.
    (J) Each 3-hour period of operation during which the parameters 
monitored are outside the range of values specified in 
Sec. 61.349(a)(2)(iv)(C), or any other periods specified by the 
Administrator for a control device subject to the requirements of 
Sec. 61.349(a)(2)(iv).
    (v) For a cover and closed-vent system monitored in accordance with 
Sec. 61.354(g), the owner or operator shall submit a report quarterly to 
the Administrator that identifies any period in which the pressure in 
the waste management unit is equal to or greater than atmospheric 
pressure.
    (8) Beginning one year after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph (d)(1) of this section, the owner or operator shall submit 
annually to the Administrator a report that summarizes all inspections 
required by Secs. 61.342 through 61.354 during which detectable 
emissions are measured or a problem (such as a broken seal, gap or other 
problem) that could result in benzone emissions is identified, including 
information about the repairs or corrective action taken.
    (e) An owner or operator electing to comply with the provisions of 
Secs. 61.351 or 61.352 of this subpart shall notify the Administrator of 
the alternative standard selected in the report required under 
Sec. 61.07 or Sec. 61.10 of this part.
    (f) An owner or operator who elects to install and operate the 
control equipment in Sec. 61.351 of this subpart shall comply with the 
reporting requirements in 40 CFR 60.115b.
    (g) An owner or operator who elects to install and operate the 
control equipment in Sec. 61.352 of this subpart shall submit initial 
and quarterly reports that identify all seal gap measurements, as 
required in 40 CFR 60.693-2(a), that are outside the prescribed limits.

[55 FR 8346, Mar. 7 1990; 55 FR 12444, Apr. 3, 1990, as amended at 55 FR 
37231, Sept. 10, 1990; 58 FR 3105, Jan. 7, 1993]



Sec. 61.358  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Clean Air Act, the authorities 
contained in paragraph (b) of this section shall be retained by the 
Administrator and not transferred to a State.

[[Page 203]]

    (b) Alternative means of emission limitation under Sec. 61.353 of 
this subpart will not be delegated to States.
Sec. 61.359  [Reserved]

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                           II. Waiver Requests

    A. Waiver of Compliance. Owners or operators of sources unable to 
operate in compliance with the National Emission Standards for Hazardous 
Air Pollutants prior to 90 days after the effective date of any 
standards or amendments which require the submission of such information 
may request a waiver of compliance from the Administrator of the U.S. 
Environmental Protection Agency for the time period necessary to install 
appropriate control devices or make modifications to achieve compliance. 
The Administrator may grant a waiver of compliance with the standard for 
a period not exceeding two years from the effective date of the 
hazardous pollutant standards, if he finds that such period is necessary 
for the installation of controls and that steps will be taken during the 
period of the waiver to assure that the health of persons will be 
protected from imminent endangerment.

The report information provided in Section I must accompany this 
application. Applications should be sent to the appropriate EPA regional 
office.

    1. Processes Involved--Indicate the process or processes emitting 
hazardous pollutants to which emission controls are to be applied.
    2. Controls

    a. Describe the proposed type of control device to be added or 
modification to be made to the process to reduce the emission of 
hazardous pollutants to an acceptable level. (Use additional sheets if 
necessary.)
    b. Describe the measures that will be taken during the waiver period 
to assure that the health of persons will be protected from imminent 
endangerment. (Use additional sheets if necessary.)

    3. Increments of Progress--Specify the dates by which the following 
increments of progress will be met.

Date by which contracts for emission control systems or process 
modifications will be awarded; or date by which orders will be issued 
for the purchase of the component parts to accomplish emission control 
or process modification.
[GRAPHIC] [TIFF OMITTED] TC01MY92.022

    B. Waiver of Emission Tests. A waiver of emission testing may be 
granted to owners or operators of sources subject to emmission testing 
if, in the judgment of the Administrator of the Environmental Protection 
Agency the emissions from the source comply with the appropriate 
standard or if the owners or operators of the source have requested a 
waiver of compliance or have been granted a waiver of compliance.

This application should accompany the report information provided in 
Section I.

    1. Reason--State the reasons for requesting a waiver of emission 
testing. If the reason stated is that the emissions from the source are 
within the prescribed limits, documentation of this condition must be 
attached.
_______________________________________________________________________
_______________________________________________________________________
Date____________________________________________________________________
Signature of the owner or operator______________________________________

(Sec. 114, of the Clean Air Act as amended (42 U.S.C. 7414))

[40 FR 48303, Oct. 14, 1975, as amended at 43 FR 8800, Mar. 3, 1978; 50 
FR 46295, Sept. 9, 1985]

                   Appendix B to Part 61--Test Methods

Method 101--Determination of particulate and gaseous mercury emissions 
          from chlor-alkali plants--air streams
Method 101A--Determination of particulate and gaseous mercury emissions 
          from sewage sludge incinerators
Method 102--Determination of particulate and gaseous mercury emissions 
          from chlor-alkali plants--hydrogen streams
Method 103--Beryllium screening method
Method 104--Determination of beryllium emissions from stationary sources

[[Page 212]]

Method 105--Determination of mercury in wastewater treatment plant 
          sewage sludges
Method 106--Determination of vinyl chloride from stationary sources
Method 107--Determination of vinyl chloride content of inprocess 
          wastewater samples, and vinyl chloride content of polyvinyl 
          chloride resin, slurry, wet cake, and latex samples
Method 107A--Determination of vinyl chloride content of solvents, resin-
          solvent solution, polyvinyl chloride resin, resin slurry, wet 
          resin, and latex samples
Method 108--Determination of particulate and gaseous arsenic emissions
Method 108A--Determination of arsenic content in ore samples from 
          nonferrous smelters
Method 108B--Determination of arsenic content in ore samples from 
          nonferrous smelters
Method 108C--Determination of arsenic content in ore samples from 
          nonferrous smelters
Method 111--Determination of Polonium--210 emissions from stationary 
          sources

 Method 101--Determination of Particulate and Gaseous Mercury Emissions 
                  From Chlor-Alkali Plants--Air Streams

1. Applicability and Principle

    1.1  Applicability. This method applies to the determination of 
particulate and gaseous mercury (Hg) emissions from chlor-alkali plants 
and other sources (as specified in the regulations), where the carrier-
gas stream in the duct or stack is principally air.
    1.2  Principle. Particulate and gaseous Hg emissions are withdrawn 
isokinetically from the source and collected in acidic iodine 
monochloride (ICl) solution. The Hg collected (in the mercuric form) is 
reduced to elemental Hg, which is then aerated from the solution into an 
optical cell and measured by atomic absorption spectrophotometry.

2. Range and Sensitivity

    2.1  Range. After initial dilution, the range of this method is 0.5 
to 120 g Hg/ml. The upper limit can be extended by further 
dilution of the sample.
    2.2  Sensitivity. The sensitivity of this method depends on the 
recorder/spectrophotometer combination selected.

3. Interfering Agents

    3.1  Sampling. SO2 reduces ICl and causes premature depletion 
of the ICl solution.
    3.2  Analysis. ICl concentrations greater than 10-4 molar 
inhibit the reduction of the Hg (II) ion in the aeration cell. 
Condensation of water vapor on the optical cell windows causes a 
positive interference.

4. Precision and Accuracy

    The following estimates are based on collaborative tests, wherein 13 
laboratories performed duplicate analyses on two Hg-containing samples 
from a chlor-alkali plant and on one laboratory-prepared sample of known 
Hg concentration. The concentration ranged from 2 to 65 g Hg/
ml.
    4.1  Precision. The estimated within-laboratory and between-
laboratory standard deviations are 1.6 and 1.8 g Hg/ml, 
respectively.
    4.2  Accuracy. The participating laboratories that analyzed a 64.3-
g Hg/ml (in 0.1 M ICl) standard obtained a mean of 63.7 
g Hg/ml.

5. Apparatus

    5.1  Sampling Train. A schematic of the sampling train is shown in 
Figure 101-1; it is similar to the Method 5 train (mention of Method 5 
refers to part 60 of 40 CFR). The sampling train consists of the 
following components:
    5.1.1  Probe Nozzle, Pitot Tube, Differential Pressure Gauge, 
Metering System, Barometer, and Gas Density Determination Equipment. 
Same as Method 5, Sections 2.1.1, 2.1.3, 2.1.4, 2.1.8, 2.1.9, and 
2.1.10, respectively.
    5.1.2  Probe Liner. Borosilicate or quartz glass tubing. The tester 
may use a heating system capable of maintaining a gas temperature of 
120plus-minus14 deg. C (248plus-minus25 deg. F) at the probe 
exit during sampling to prevent water condensation.

    Note: Do not use metal probe liners.

    5.1.3  Impingers. Four Greenburg-Smith impingers connected in series 
with leak-free ground glass fittings or any similar leak-free 
noncontaminating fittings. For the first, third, and fourth impingers, 
the tester may use impingers that are modified by replacing the tip with 
a 13-mm-ID (0.5-in.) glass tube extending to 13 mm (0.5 in.) from the 
bottom of the flask.
    5.1.4  Acid Trap. Mine Safety Appliances air line filter, Catalog 
number 81857, with acid absorbing cartridge and suitable connections, or 
equivalent.
    5.2  Sample Recovery. The following items are needed:
    5.2.1  Glass Sample Bottles. Leakless, with Teflon-lined caps, 1000- 
and 100-ml.
    5.2.2  Graduated Cylinder. 250-ml.
    5.2.3  Funnel and Rubber Policeman. To aid in transfer of silica gel 
to container; not necessary if silica gel is weighed in the field.
    5.2.4  Funnel. Glass, to aid in sample recovery.
    5.3  Sample Preparation and Analysis. The following equipment is 
needed:
    5.3.1  Atomic Absorption Spectrophotometer. Perkin-Elmer 303, or 
equivalent, containing a hollow-cathode mercury lamp and the optical 
cell described in Section 5.3.2.
    5.3.2  Optical Cell. Cylindrical shape with quartz end windows and 
having the dimensions shown in Figure 101-2. Wind the cell with 
approximately 2 meters of 24-gauge

[[Page 213]]

nichrome heating wire, and wrap with fiberglass insulation tape or 
equivalent; do not let the wires touch each other.
    5.3.3  Aeration Cell. Constructed according to the specifications in 
Figure 101-3. Do not use a glass frit as a substitute for the blown 
glass bubbler tip shown in Figure 101-3.
    5.3.4  Recorder. Matched to output of the spectrophotometer 
described in Section 5.3.1.
    5.3.5  Variable Transformer. To vary the voltage on the optical cell 
from 0 to 40 volts.
    5.3.6  Hood. For venting optical cell exhaust.
    5.3.7  Flowmetering Valve.
    5.3.8  Flowmeter. Rotameter or equivalent, capable of measuring a 
gas flow of 1.5 liters/min.
    5.3.9  Aeration Gas Cylinder. Nitrogen or dry, Hg-free air, equipped 
with a single-stage regulator.
    5.3.10  Connecting Tubing. Use glass tubing (ungreased ball- and 
socket-connections are recommended) for all tubing connections between 
the solution cell and the optical cell; do not use Tygon tubing, other 
types of flexible tubing, or metal tubing as substitutes. The tester may 
use Teflon, steel, or copper tubing between the nitrogen tank and 
flowmetering valve (5.3.7), and Tygon, gum, or rubber tubing between the 
flowmetering valve and the aeration cell.
    5.3.11  Flow Rate Calibration Equipment. Bubble flowmeter or wet 
test meter for measuring a gas flow rate of 1.5plus-minus0.1 
liters/min.
    5.3.12  Volumetric Flasks. Class A with penny head standard taper 
stoppers; 100-, 250-, 500- and 1000-ml.
    5.3.13  Volumetric Pipets. Class A; 1-, 2-, 3-, 4-, and 5-ml.
    5.3.14  Graduated Cylinder. 50-ml.
    5.3.15  Magnetic Stirrer. General-purpose laboratory type.
    5.3.16  Magnetic Stirring Bar. Teflon-coated.
    5.3.17  Balance. Capable of weighing to plus-minus0.5 g.
    5.4  Alternative Analytical Apparatus. Alternative systems are 
allowable as long as they meet the following criteria:
    5.4.1  A linear calibration curve is generated and two consecutive 
samples of the same aliquot size and concentration agree within 3 
percent of their average.
    5.4.2  A minimum of 95 percent of the spike is recovered when an 
aliquot of a source sample is spiked with a known concentration of 
mercury (II) compound.
    5.4.3  The reducing agent should be added after the aeration cell is 
closed.
    5.4.4  The aeration bottle bubbler should not contain a frit.
    5.4.5  Any Tygon used should be as short as possible and conditioned 
prior to use until blanks and standards yield linear and reproducible 
results.
    5.4.6  If manual stirring is done before aeration, it should be done 
with the aeration cell closed.
    5.4.7  A drying tube should not be used unless it is conditioned as 
the Tygon above.

6. Reagents

    Use ACS reagent-grade chemicals or equivalent, unless otherwise 
specified.
    6.1  Sampling and Recovery. The reagents used in sampling and 
recovery are as follows:
    6.1.1  Water. Deionized distilled, meeting ASTM Specifications for 
Type I Reagent Water--ASTM Test Method D1193-77 (incorporated by 
reference--see Sec. 61.18). If high concentrations of organic matter are 
not expected to be present, the analyst may eliminate the KMnO4 
test for oxidizable organic matter. Use this water in all dilutions and 
solution preparations.
    6.1.2  Nitric Acid (HNO3), 50 Percent (V/V). Mix equal volumes 
of concentrated HNO3 and deionized distilled water, being careful 
to slowly add the acid to the water.
    6.1.3  Silica Gel. Indicating type, 6- to 16-mesh. If previously 
used, dry at 175 deg. C (350 deg. F) for 2 hours. The tester may use new 
silica gel as received.
    6.1.4  Potassium Iodide (KI) Solution, 25 Percent. Dissolve 250 g of 
KI in deionized distilled water and dilute to 1 liter.
    6.1.5  Iodine Monochloride (ICl) Stock Solution, 1.0 M. To 800 ml of 
25 percent KI solution, add 800 ml of concentrated hydrochloric acid 
(HCl). Cool to room temperature. With vigorous stirring, slowly add 135 
g of potassium iodate (KIO3) and stir until all free iodine has 
dissolved. A clear orange-red solution occurs when all the KIO3 has 
been added. Cool to room temperature and dilute to 1800 ml with 
deionized distilled water. Keep the solution in amber glass bottles to 
prevent degradation.
    6.1.6  Absorbing Solution, 0.1 M ICl. Dilute 100 ml of the 1.0 M ICl 
stock solution to 1 liter with deionized distilled water. Keep the 
solution in amber glass bottles and in darkness to prevent degradation. 
This reagent is stable for at least 2 months.
    6.2  Sample Preparation and Analysis. The reagents needed are listed 
below:
    6.2.1  Tin (II) Solution. Prepare fresh daily and keep sealed when 
not being used. Completely dissolve 20 g of tin (II) chloride [or 25 g 
of tin (II) sulfate] crystals (Baker Analyzed reagent grade or any other 
brand that will give a clear solution) in 25 ml of concentrated HCl. 
Dilute to 250 ml with deionized distilled water. Do not substitute 
HNO3, H2SO4, or other strong acids for the HCl.
    6.2.2  Mercury Stock Solution, 1 mg Hg/ml. Prepare and store all 
mercury standard solutions in borosilicate glass containers. Completely 
dissolve 0.1354 g of mercury (II) chloride in 75 ml of deionized 
distilled water in a 100 ml glass volumetric flask. Add 10 ml of

[[Page 214]]

concentrated HNO3, and adjust the volume to exactly 100 ml with 
deionized distilled water. Mix thoroughly. This solution is stable for 
at least 1 month.
    6.2.3  Sulfuric Acid, 5 Percent (V/V). Dilute 25 ml of concentrated 
H2SO4 to 500 ml with deionized distilled water.
    6.2.4  Intermediate Mercury Standard Solution, 10 g Hg/ml. 
Prepare fresh weekly. Pipet 5.0 ml of the mercury stock solution (6.2.2) 
into a 500-ml glass volumetric flask and add 20 ml of the 5 percent 
H2SO4 solution. Dilute to exactly 500 ml with deionized 
distilled water. Thoroughly mix the solution.
    6.2.5  Working Mercury Standard Solution, 200 ng Hg/ml. Prepare 
fresh daily. Pipet 5.0 ml from the ``Intermediate Mercury Standard 
Solution'' (6.2.4) into a 250-ml volumetric glass flask. Add 10 ml of 
the 5 percent H2SO4 and 2 ml of the 0.1 M ICl absorbing 
solution taken as a blank (7.2.3) and dilute to 250 ml with deionized 
distilled water. Mix thoroughly.

7. Procedure

    7.1  Sampling. Because of the complexity of this method, testers 
should be trained and experienced with the test procedures to assure 
reliable results. Since the amount of Hg that is collected generally is 
small, the method must be carefully applied to prevent contamination or 
loss of sample.
    7.1.1  Pretest Preparation. Follow the general procedure given in 
Method 5, Section 4.1.1, except omit the directions on the filter.
    7.1.2  Preliminary Determinations. Follow the general procedure 
given in Method 5, Section 4.1.2, except as follows: Select a nozzle 
size based on the range of velocity heads to assure that it is not 
necessary to change the nozzle size in order to maintain isokinetic 
sampling rates below 28 liters/min (1.0 cfm).
    Obtain samples over a period or periods that accurately determine 
the maximum emissions that occur in a 24-hour period. In the case of 
cyclic operations, run sufficient tests for the accurate determination 
of the emissions that occur over the duration of the cycle. A minimum 
sample time of 2 hours is recommended. In some instances, high Hg or 
high SO2 concentrations make it impossible to sample for the 
desired minimum time. This is indicated by reddening (liberation of free 
iodine) in the first impinger. In these cases, the tester may divide the 
sample run into two or more subruns to insure that the absorbing 
solution is not depleted.
    7.1.3  Preparation of Sampling Train. Clean all glassware [probe, 
impingers, and connectors] by rinsing with 50 percent HNO3,!tap 
water, 0.1 M ICl, tap water, and finally deionized distilled water. 
Place 100 ml of 0.1 M ICl in each of the first three impingers. Take 
care to prevent the absorbing solution from contacting any greased 
surfaces. Place approximately 200 g of preweighed silica gel in the 
fourth impinger. The tester may use more silica gel, but should be 
careful to ensure that it is not entrained and carried out from the 
impinger during sampling. Place the silica gel container in a clean 
place for later use in the sample recovery. Alternatively, determine and 
record the weight of the silica gel plus impinger to the nearest 0.5 g.
    Install the selected nozzle using a Viton A O-ring when stack 
temperatures are less than 260 deg. C (500 deg. F). Use a fiberglass 
string gasket if temperatures are higher. See APTD-0576 (Citation 9 in 
Section 10) for details. Other connecting systems using either 316 
stainless steel or Teflon ferrules may be used. Mark the probe with 
heat-resistant tape or by some other method to denote the proper 
distance into the stack or duct for each sampling point. Assemble the 
train as shown in Figure 101-1, using (if necessary) a very light coat 
of silicone grease on all ground glass joints. Grease only the outer 
portion (see APTD-0576) to avoid possibility of contamination by the 
silicone grease.

    Note: An empty impinger may be inserted between the third impinger 
and the silica gel to remove excess moisture from the sample stream.

    After the sampling train has been assembled, turn on and set the 
probe, if applicable, at the desired operating temperature. Allow time 
for the temperatures to stabilize. Place crushed ice around the 
impingers.
    7.1.4  Leak-Check Procedures. Follow the leak-check procedures 
outlined in Method 5, Sections 4.1.4.1 (Pretest Leak Check), 4.1.4.2 
(Leak Checks During Sample Run), and 4.1.4.3 (Post-Test Leak Check).
    7.1.5  Mercury Train Operation. Follow the general procedure given 
in Method 5, Section 4.1.5. For each run, record the data required on a 
data sheet such as the one shown in Figure 101-4.
    7.1.6  Calculation of Percent Isokinetic. Same as Method 5, Section 
4.1.6.
    7.2  Sample Recovery. Begin proper cleanup procedure as soon as the 
probe is removed from the stack at the end of the sampling period.
    Allow the probe to cool. When it can be safely handled, wipe off any 
external particulate matter near the tip of the probe nozzle and place a 
cap over it. Do not cap off the probe tip tightly while the sampling 
train is cooling. Capping would create a vacuum and draw liquid out from 
the impingers.
    Before moving the sampling train to the cleanup site, remove the 
probe from the train, wipe off the silicone grease, and cap the open 
outlet of the probe. Be careful not to lose any condensate that might be 
present. Wipe off the silicone grease from the impinger. Use either 
ground-glass stoppers, plastic caps, or serum caps to close these 
openings.

[[Page 215]]

    Transfer the probe and impinger assembly to a cleanup area that is 
clean, protected from the wind, and free of Hg contamination. The 
ambient air in laboratories located in the immediate vicinity of Hg-
using facilities is not normally free of Hg contamination.
    Inspect the train before and during assembly, and note any abnormal 
conditions. Treat the sample as follows:
    7.2.1  Container No. 1 (Impinger and Probe). Using a graduated 
cylinder, measure the liquid in the first three impingers to within 
plus-minus1 ml. Record the volume of liquid present (e.g., see 
Figure 5-3 of Method 5). This information is needed to calculate the 
moisture content of the effluent gas. (Use only glass storage bottles 
and graduated cylinders that have been precleaned as in Section 7.1.3.) 
Place the contents of the first three impingers into a 1000-ml glass 
sample bottle.
    Taking care that dust on the outside of the probe or other exterior 
surfaces does not get into the sample, quantitatively recover the Hg 
(and any condensate) from the probe nozzle, probe fitting, and probe 
liner as follows: Rinse these components with two 50-ml portions of 0.1 
M IC1. Next, rinse the probe nozzle, fitting and liner, and each piece 
of connecting glassware between the probe liner and the back half of the 
third impinger with a maximum of 400 ml of deionized distilled water. 
Add all washings to the 1000-ml glass sample bottle containing the 
liquid from the first three impingers.
    After all washings have been collected in the sample container, 
tighten the lid on the container to prevent leakage during shipment to 
the laboratory. Mark the height of the liquid to determine later whether 
leakage occurred during transport. Label the container to clearly 
identify its contents.
    7.2.2  Container No. 2 (Silica Gel). Note the color of the 
indicating silica gel to determine whether it has been completely spent 
and make a notation of its condition. Transfer the silica gel from its 
impinger to its original container and seal. The tester may use as aids 
a funnel to pour the silica gel and a rubber policeman to remove the 
silica gel from the impinger. The small amount of particles that may 
adhere to the impinger wall need not be removed. Since the gain in 
weight is to be used for moisture calculations, do not use any water or 
other liquids to transfer the silica gel. If a balance is available in 
the field, weigh the spent silica gel (or silica gel plus impinger) to 
the nearest 0.5 g; record this weight.
    7.2.3  Container No. 3 (Absorbing Solution Blank). For a blank, 
place 50 ml of the 0.1 M IC1 absorbing solution in a 100-ml sample 
bottle. Seal the container. Use this blank to prepare the working 
mercury standard solution (6.2.5).
    7.3  Sample Preparation. Check the liquid level in each container to 
see whether liquid was lost during transport. If a noticeable amount of 
leakage occurred, either void the sample or use methods subject to the 
approval of the Administrator to account for the losses. Then follow the 
procedures below:
    7.3.1  Container No. 1 (Impinger and Probe). Carefully transfer the 
contents of Container No. 1 into a 1000-ml volumetric flask and adjust 
the volume to exactly 1000 ml with deionized distilled water.
    7.3.2  Dilutions. Pipet a 2-ml aliquot from the diluted sample from 
7.3.1 into a 250-ml volumetric flask. Add 10 ml of 5 percent 
H2SO4 and adjust the volume to exactly 250 ml with deionized 
distilled water. These solutions are stable for at least 72 hours.

    Note: The dilution factor will be 250/2 for this solution.

    7.4  Analysis. Calibrate the spectrophotometer and recorder and 
prepare the calibration curve as described in Sections 8.1 to 8.2.
    7.4.1  Mercury Samples. Repeat the procedure used to establish the 
calibration curve with appropriately sized aliquots (1 to 5 ml) of each 
of the diluted samples (from Section 7.3.2) until two consecutive peak 
heights agree within plus-minus3 percent of their average value. 
The peak maximum of an aliquot (except the 5-ml aliquot) must be greater 
than 10 percent of the recorder full scale. If the peak maximum of a 
1.0-ml aliquot is off scale on the recorder, further dilute the original 
source sample to bring the Hg concentration into the calibration range 
of the spectrophotometer.
    Run a blank and standard at least after every five samples to check 
the spectrophotometer calibration; recalibrate as necessary.
    It is also recommended that at least one sample from each stack test 
be checked by the Method of Standard Additions to confirm that matrix 
effects have not interfered in the analysis.
    7.4.2  Container No. 2 (Silica Gel). Weigh the spent silica gel (or 
silica gel plus impinger) to the nearest 0.5 g using a balance. (This 
step may be conducted in the field.)

8. Calibration and Standards

    Before use, clean all glassware, both new and used, as follows: 
brush with soap and water, liberally rinse with tap water, soak for 1 
hour in 50 percent HNO3, and then rinse with deionized distilled 
water.
    8.1  Flow Calibration. Assemble the aeration system as shown in 
Figure 101-5. Set the outlet pressure on the aeration gas cylinder 
regulator to a minimum pressure of 500 mm Hg (10 psi), and use the 
flowmetering valve and a bubble flowmeter or wet test meter to obtain a 
flow rate of 1.5plus-minus0.1 liters/min through the aeration cell. 
After the flow calibration is complete, remove the bubble flowmeter from 
the system.
    8.2  Optical Cell Heating System Calibration. Using a 50-ml 
graduated cylinder, add

[[Page 216]]

50 ml of deionized distilled water to the bottle section of the aeration 
cell and attach the bottle section to the bubbler section of the cell. 
Attach the aeration cell to the optical cell; and while aerating at 1.5 
liters/min, determine the minimum variable transformer setting necessary 
to prevent condensation of moisture in the optical cell and in the 
connecting tubing. (This setting should not exceed 20 volts.)
    8.3  Spectrophotometer and Recorder Calibration. The mercury 
response may be measured by either peak height or peak area.

    Note: The temperature of the solution affects the rate at which 
elemental Hg is released from a solution and, consequently, it affects 
the shape of the absorption curve (area) and the point of maximum 
absorbance (peak height). Therefore, to obtain reproducible results, 
bring all solutions to room temperature before use.

    Set the spectrophotometer wavelength at 253.7 nm, and make certain 
the optical cell is at the minimum temperature that will prevent water 
condensation. Then set the recorder scale as follows: Using a 50-ml 
graduated cylinder, add 50 ml of deionized distilled water to the 
aeration cell bottle and pipet 5.0 ml of the working mercury standard 
solution into the aeration cell.

    Note: Always add the Hg-containing solution to the aeration cell 
after the 50 ml of deionized distilled water.

    Place a Teflon-coated stirring bar in the bottle. Before attaching 
the bottle section to the bubbler section of the aeration cell, make 
certain that (1) the aeration cell exit arm stopcock (Figure 101-3) is 
closed (so that Hg will not prematurely enter the optical cell when the 
reducing agent is being added) and (2) there is no flow through the 
bubbler. If conditions (1) and (2) are met, attach the bottle section to 
the bubbler section of the aeration cell. Pipet 5 ml of stannous 
chloride solution into the aeration cell through the side arm, and 
immediately stopper the side arm. Stir the solution for 15 sec, turn on 
the recorder, open the aeration cell exit arm stopcock, and then 
immediately initiate aeration with continued stirring. Determine the 
maximum absorbance of the standard and set this value to read 90 percent 
of the recorder full scale.
    8.4  Calibration Curve. After setting the recorder scale, repeat the 
procedure in Section 8.3 using 0.0-, 1.0-, 2.0-, 3.0-, 4.0-, and 5.0-ml 
aliquots of the working standard solution (final amount of Hg in the 
aeration cell is 0, 200, 400, 600, 800, and 1000 ng, respectively). 
Repeat this procedure on each aliquot size until two consecutive peaks 
agree within 3 percent of their average value. (Note: To prevent Hg 
carryover from one sample to another, do not close the aeration gas tank 
valve and do not disconnect the aeration cell from the optical cell 
until the recorder pen has returned to the baseline.) It should not be 
necessary to disconnect the aeration gas inlet line from the aeration 
cell when changing samples. After separating the bottle and bubbler 
sections of the aeration cell, place the bubbler section into a 600-ml 
beaker containing approximately 400 ml of deionized distilled water. 
Rinse the bottle section of the aeration cell with a stream of deionized 
distilled water to remove all traces of the tin (II) reducing agent. 
Also, to prevent the loss of Hg before aeration, remove all traces of 
the reducing agent between samples by washing with deionized distilled 
water. It will be necessary, however, to wash the aeration cell parts 
with concentrated HCl if any of the following conditions occur: (1) A 
white film appears on any inside surface of the aeration cell, (2) the 
calibration curve changes suddenly, or (3) the replicate samples do not 
yield reproducible results.
    Subtract the average peak height (or peak area) of the blank (0.0-ml 
aliquot)--which should be less than 2 percent of recorder full scale--
from the averaged peak heights of the 1.0-, 2.0-, 3.0-, 4.0-, and 5.0-ml 
aliquot standards. If the blank absorbance is greater than 2 percent of 
full-scale, the probable cause is Hg contamination of a reagent or 
carry-over of Hg from a previous sample. Plot the corrected peak height 
of each standard solution versus the corresponding final total Hg weight 
in the aeration cell (in ng) and draw the best-fit straight line. This 
line should either pass through the origin or pass through a point no 
further from the origin than plus-minus2 percent of the recorder 
full scale. If the line does not pass through or very near to the 
origin, check for nonlinearity of the curve and for incorrectly prepared 
standards.
    8.5  Sampling Train Calibration. Calibrate the sampling train 
components according to the procedures outlined in the following 
sections of Method 5: Section 5.1 (Probe Nozzle), Section 5.2 (Pitot 
Tube), Section 5.3 (Metering System), Section 5.4 (Probe Heater), 
Section 5.5 (Temperature Gauges), Section 5.7 (Barometer). Note that the 
leak-check described in Section 5.6 of Method 5 applies to this method.

9. Calculations

    9.1  Dry Gas Volume. Using the data from this test, calculate 
Vm(std), the dry gas sample volume at standard conditions 
(corrected for leakage, if necessary) as outlined in Section 6.3 of 
Method 5.
    9.2  Volume of Water Vapor and Moisture Content. Using the data 
obtained from this test, calculate the volume of water vapor 
Vw(std)!and the moisture content Bws!of the stack gas. Use 
Equations 5-2 and 5-3 of Method 5.
    9.3  Stack Gas Velocity. Using the data from this test and Equation 
2-9 of Method 2, calculate the average stack gas velocity vs.

[[Page 217]]

    9.4  Total Mercury. For each source sample, correct the average 
maximum absorbance of the two consecutive samples whose peak heights 
agree within plus-minus3 percent of their average for the 
contribution of the solution blank (see Section 8.4). Use the 
calibration curve and these corrected averages, to determine the final 
total weight of mercury in nanograms in the aeration cell for each 
source sample. Correct for any dilutions made to bring the sample in the 
working range of the spectrophotometer. Then calculate the Hg in 
g (mHg) in the original solution as follows:

                                                                                                                
                                                          CHg(AC)(D.F.)Vf10-3                                   
                                               mHg = ----------------------------                               
                                                                   S                                            
                                                                                                                

                                                               Eq. 101-1

where:

CHg(AC)=Total nanograms of mercury in aliquot analyzed (reagent 
          blank subtracted).
D.F.=Dilution factor for the Hg-containing solution (before adding to 
          the aeration cell; e.g., D.F.=250/2 if the source samples were 
          diluted as described in Section 7.3.2).
Vf=Solution volume of original sample, 1000 ml for samples diluted 
          as described in Section 7.2.1.
10-3=Conversion factor, g/ng.
S=Aliquot volume added to aeration cell, ml.

    9.5  Mercury Emission Rate. Calculate the Hg emission rate R in g/
day for continuous operations using Equation 101-2. For cyclic 
operations, use only the time per day each stack is in operation. The 
total Hg emission rate from a source will be the summation of results 
from all stacks.

                                                                                                                
                                                         mHgvsAs(86,400 x 10-6)                                 
                                               R = K  ---------------------------                               
                                                        [Vm(std)+Vw(std)](Ts/Ps)                                
                                                                                                                

                                                               Eq. 101-2
where:

As=Stack cross-sectional area, m2 (ft2).
86,400=Conversion factor, sec/day.
10-6=Conversion factor, g/g.
Ts=Absolute average stack gas temperature,  deg.K ( deg.R).
Ps=Absolute stack gas pressure, mm Hg (in. Hg).
K=0.3858  deg.K/mm Hg for metric units.
    =17.64  deg.R/in. Hg for English units.
vs=Average gas velocity, m/sec (ft/sec).
Vm(std)=Dry gas sample volume at standard conditions, scm (scf).
Vw(std)=Volume of water vapor at standard conditions, scm (scf).

    9.6  Isokinetic Variation and Acceptable Results. Same as Method 5, 
Sections 6.11 and 6.12, respectively.
    9.7  Determination of Compliance. Each performance test consists of 
three repetitions of the applicable test method. For the purpose of 
determining compliance with an applicable national emission standard, 
use the average of the results of all repetitions.

10. Bibliography

    1. Addendum to Specifications for Incinerator Testing at Federal 
Facilities. PHS, NCAPC. December 6, 1967.
    2. Determining Dust Concentration in a Gas Stream. ASME Performance 
Test Code No. 27. New York, NY. 1957.
    3. Devorkin, Howard, et al. Air Pollution Source Testing Manual. Air 
Pollution Control District. Los Angeles, CA. November 1963.
    4. Hatch, W.R., and W.I. Ott. Determination of Sub-Microgram 
Quantities of Mercury by Atomic Absorption Spectrophotometry. Anal. 
Chem. 40:2085-87. 1968.
    5. Mark, L.S. Mechanical Engineers' Handbook. McGraw-Hill Book Co., 
Inc. New York, NY. 1951.
    6. Martin, Robert M. Construction Details of Isokinetic Source 
Sampling Equipment. U.S. Environmental Protection Agency. Research 
Triangle Park, NC. Publication No. APTD-0581. April 1971.
    7. Western Precipitation Division of Joy Manufacturing Co. Methods 
for Determination of Velocity, Volume, Dust and Mist Content of Gases. 
Bulletin WP-50. Los Angeles, CA. 1968.
    8. Perry, J.H. Chemical Engineers' Handbook. McGraw-Hill Book Co., 
Inc. New York, NY. 1960.
    9. Rom, Jerome J. Maintenance, Calibration, and Operation of 
Isokinetic Source Sampling Equipment. U.S. Environmental Protection 
Agency. Research Triangle Park, NC. Publication No. APTD-0576. April 
1972.
    10. Shigehara, R.T., W.F. Todd, and W.S. Smith. Significance of 
Errors in Stack Sampling Measurements. Stack Sampling News. 1(3):6-18. 
September 1973.
    11. Smith, W.S., et al. Stack Gas Sampling Improved and Simplified 
with New Equipment. APCA Paper No. 67-119. 1967.
    12. Smith, W.S., R.T. Shigehara, and W.F. Todd. A Method of 
Interpreting Stack Sampling Data. Stack Sampling News. 1(2):8-17. August 
1973.
    13. Specifications for Incinerator Testing at Federal Facilities. 
PHS, NCAPA. 1967.
    14. Standard Method for Sampling Stacks for Particulate Matter. In: 
1971 Annual Book of ASTM Standards, part 23. ASTM Designation D-2928-71. 
Philadelphia, PA. 1971.
    15. Vennard, J.K. Elementary Fluid Mechanics. John Wiley and Sons, 
Inc. New York. 1947.

[[Page 218]]

    16. Mitchell, W.J., and M.R. Midgett. Improved Procedure for 
Determining Mercury Emissions from Mercury Cell Chlor-Alkali Plants. J. 
APCA. 26: 674-677. July 1976.
    17. Shigehara, R.T. Adjustments in the EPA Nomograph for Different 
Pitot Tube Coefficients and Dry Molecular Weights. Stack Sampling News. 
2:4-11. October 1974.
    18. Vollaro, R.F. Recommended Procedure for Sample Traverses in 
Ducts Smaller than 12 Inches in Diameter. U.S. Environmental Protection 
Agency, Emission Measurement Branch. Research Triangle Park, NC. 
November 1976.
    19. Klein, R., and C. Hach. Standard Additions: Uses and Limitation 
in Spectrophotometric Measurements. Amer. Lab. 9:21. 1977.
    20. Water, Atmospheric Analysis. In: Annual Book of ASTM Standards, 
part 31. ASTM Designation D-1193-74. Philadelphia, PA. 1974.

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Method 101A--Determination of Particulate and Gaseous Mercury Emissions 
                         From Stationary Sources

Introduction

    This method is similar to Method 101, except acidic potassium 
permanganate solution is used instead of acidic iodine monochloride for 
collection.

1. Applicability and Principle

    1.1  Applicability. This method applies to the determination of 
particulate and gaseous mercury (Hg) emissions from sewage sludge 
incinerators and other sources as specified in the regulations.
    1.2  Principle. Particulate and gaseous Hg emissions are withdrawn 
isokinetically from the source and collected in acidic potassium 
permanganate (KMn04) solution. The Hg collected (in the mercuric 
form) is reduced to elemental Hg, which is then aerated from the 
solution into an optical cell and measured by atomic absorption 
spectrophotometry.

    2. Range and Sensitivity

    2.1  Range. After initial dilution, the range of this method is 20 
to 800 ng Hg/ml. The upper limit can be extended by further dilution of 
the sample.
    2.2  Sensitivity. The sensitivity of the method depends on the 
recorder/spectrophotometer combination selected.

3. Interfering Agents

    3.1  Sampling. Excessive oxidizable organic matter in the stack gas 
prematurely depletes the KMn04 solution and thereby prevents 
further collection of Hg.
    3.2  Analysis. Condensation of water vapor on the optical cell 
windows causes a positive interference.

4. Precision

    Based on eight paired-train tests, the within-laboratory standard 
deviation was estimated to be 4.8 g Hg/ml in the concentration 
range of 50 to 130 g Hg/m3.

5. Apparatus

    5.1  Sampling Train and Sample Recovery. Same as Method 101, 
Sections 5.1 and 5.2, respectively, except for the following variations:
    5.1.1  Probe Liner. Same as Method 101, Section 5.1.2, except that 
if a filter is used ahead of the impingers, the tester must use the 
probe heating system to minimize the condensation of gaseous Hg.
    5.1.2  Filter Holder (Optional). Borosilicate glass with a rigid 
stainless-steel wire-screen filter support (do not use glass frit 
supports) and a silicone rubber or Teflon gasket, designed to provide a 
positive seal against leakage from outside or around the filter. The 
filter holder must be equipped with a filter heating system capable of 
maintaining a temperature around the filter holder of 120 
plus-minus 14 deg. C (248 plus-minus 25 deg. F) during 
sampling to minimize both water and gaseous Hg condensation. The tester 
may use a filter in cases where the stream contains large quantities of 
particulate matter.
    5.2  Analysis. The apparatus needed for analysis is the same as 
Method 101, Sections 5.3 and 5.4, except as follows:
    5.2.1  Volumetric Pipets. Class A; 1-, 2-, 3-, 4-, 5-, 10-, and 20-
ml.
    5.2.2  Graduated Cylinder. 25-ml.
    5.2.3  Steam Bath.
    5.2.4  Atomic Absorption Spectrophotometer or Equivalent. Any atomic 
absorption unit with an open sample presentation area in which to mount 
the optical cell is suitable. Use those instrument settings recommended 
by the particular manufacturer. Instruments designed specifically for 
the measurement of mercury using the cold-vapor technique are 
commercially available and may be substituted for the atomic absorption 
spectrophotometer.
    5.2.5  Optical Cell. Alternatively, a heat lamp mounted above the 
cell or a moisture trap installed upstream of the cell may be used.
    5.2.6 Aeration Cell. Alternatively, aeration cells available with 
commercial cold vapor instrumentation may be used.
    5.2.7  Aeration Gas Cylinder. Nitrogen, argon, or dry, Hg-free air, 
equipped with a single-stage regulator. Alternatively, aeration may be 
provided by a peristaltic metering pump. If a commercial cold vapor 
instrument is used, follow the manufacturer's recommendations.

6. Reagents

    Use ACS reagent-grade chemicals or equivalent, unless otherwise 
specified.
    6.1  Sampling and Recovery. The reagents used in sampling and 
recovery are as follows:
    6.1.1  Water. Deionized distilled, meeting ASTM Specifications for 
Type I Reagent Water--ASTM Test Method D1193-77 (incorporated by 
reference--see Sec. 61.18). If high concentrations of organic matter are 
not expected to be present, the analyst may eliminate the KMnO 4 
test for oxidizable organic matter. Use this water in all dilutions and 
solution preparations.
    6.1.2  Nitric Acid (HNO3), 50 Percent (V/V). Mix equal volumes 
of concentrated HNO3 and deionized distilled water, being careful 
to slowly add the acid to the water.
    6.1.3  Silica Gel. Indicating type, 6- to 16-mesh. If previously 
used, dry at 175 deg. C (350 deg. F) for 2 hr. The tester may use new 
silica gel as received.
    6.1.4  Filter (Optional). Glass fiber filter, without organic 
binder, exhibiting at least 99.95 percent efficiency on 0.3 m 
dioctyl phthalate smoke particles. The tester may use the filter in 
cases where the gas stream contains large quantities of particulate 
matter, but he should analyze blank filters for Hg content.

[[Page 225]]

    6.1.5  Sulfuric Acid (H2SO4), 10 Percent (V/V). Carefully 
add and mix 100 ml of concentrated H2SO4 to 800 ml of 
deionized distilled water. Then, by adding deionized distilled water, 
mix and bring to a final volume of 1000 ml.
    6.1.6  Absorbing Solution, 4 Percent KMnO4 (W/V). Prepare fresh 
daily. Dissolve 40 g of KMnO4 in sufficient 10 percent 
H2SO4 to make 1 liter. Prepare and store in glass bottles to 
prevent degradation.
    Precaution: To prevent autocatalytic decomposition of the 
permanganate solution, filter the solution through Whatman 541 filter 
paper. Also, due to the potential reaction of the potassium permanganate 
with the acid, there could be pressure buildup in the solution storage 
bottle; therefore these bottles shall not be fully filled and shall be 
vented to relieve excess pressure and prevent explosive potentials. 
Venting is required, but should not allow contamination of the solution; 
a No. 70-72 hole drilled in the container cap and Teflon liner has been 
used.
    6.1.7  Hydrochloric Acid (HCL). Concentrated. Trace-metals grade is 
recommended. The Hg level shall be less than 3 ng/ml.
    6.1.8  HCL, 8 N. Dilute 67 ml of concentrated HCl to 100 ml with 
water (slowly add the HCl to the water).
    6.2  Analysis. The reagents needed for analysis are listed below:
    6.2.1  Tin (II) Solution. Prepare fresh daily and keep sealed when 
not being used. Competely dissolve 20 g of tin (II) chloride [or 25 g of 
tin (II) sulfate] crystals (Baker Analyzed reagent grade or any other 
brand that will give a clear solution) in 25 ml of concentrated HCl. 
Dilute to 250 ml with deionized distilled water. Do not substitute 
HNO3, H2SO4, or other strong acids for the HCl.
    6.2.2  Sodium Chloride--Hydroxylamine Solution. Dissolve 12 g of 
sodium chloride and 12 g of hydroxylamine sulfate (or 12 g of 
hydroxylamine hydrochloride) in deionized distilled water and dilute to 
100 ml.
    6.2.3  Hydrochloric Acid (HCl), 8 N. Dilute 67 ml of concentrated 
HCl to 100 ml with deionzed distilled water (slowly add the HCl to the 
water).
    6.2.4  Nitric Acid, 15 Percent (V/V). Dilute 15 ml of concentrated 
HNO3 to 100 ml with deionized distilled water.
    6.2.5  Mercury Stock Solution, 1 mg Hg/ml. Prepare and store all 
mercury standard solutions in borosilicate glass containers. Completely 
dissolve 0.1354 g of mercury (II) chloride in 75 ml of deionized 
distilled water. Add 100 ml of concentrated HNO3, and adjust the 
volume to exactly 100 ml with deionized distilled water. Mix thoroughly. 
This solution is stable for at least 1 month.
    6.2.6  Intermediate Mercury Standard Solution, 10 g Hg/ml. 
Prepare fresh weekly. Pipet 5.0 ml of the mercury stock solution 
(Section 6.2.5) into a 500-ml volumetric flask and add 20 ml of 15 
percent HNO3 solution. Adjust the volume to exactly 500 ml with 
deionized distilled water. Thoroughly mix the solution.
    6.2.7  Working Mercury Standard Solution, 200 ng Hg/ml. Prepare 
fresh daily. Pipet 5.0 ml from the ``Intermediate Mercury Standard 
Solution'' (Section 6.2.6) into a 250-ml volumetric flask. Add 5 ml of 4 
percent KMnO4 absorbing solution and 5 ml of 15 percent HNO3. 
Adjust the volume to exactly 250 ml with deionized distilled water. Mix 
thoroughly.
    6.2.8  Potassium Permanganate, 5 Percent (W/V). Dissolve 5 g of 
KMnO4 in deionized distilled water and dilute to 100 ml.
    6.2.9  Filter. Whatman No. 40 or equivalent.

7. Procedure

    7.1  Sampling. The sampling procedure is the same as Method 101, 
except for changes due to the use of KMnO4 instead of ICl absorbing 
solution and the possible use of a filter. These changes are as follows:
    7.1.1  Preliminary Determinations. The preliminary determinations 
are the same as those given in Method 101, section 7.1.2, except for the 
absorbing solution depletion sign. In this method, highly oxidizable 
matter could make it impossible to sample for the required minimum time. 
This problem is indicated by the complete bleaching of the purple color 
of the KMnO4 solution. In these cases, the tester may divide the 
sample run into two or more subruns to insure that the absorbing 
solution would not be depleted. In cases where an excess of water 
condensation is encountered, collect two runs to make one sample, or add 
an extra impinger in front of the first impinger (also containing 
acidified KMnO4 solution).
    7.1.2  Preparation of Sampling Train. The preparation of the 
sampling train is the same as that given in Method 101, section 7.1.3, 
except for the cleaning of the glassware [probe, filter holder (if 
used), impingers, and connectors] and the charging of the first three 
impingers. In this method, clean all the glass components (a hood is 
recommended) by rinsing with 50 percent HNO3, tap water, 8 N HCl, 
tap water, and finally deionized distilled water. Then place 50 ml of 
the acidified 4 percent KMnO4 absorbing solution in the first 
impinger and 100 ml in each of the second and third impingers.
    If a filter is used, use a pair of tweezers to place the filter in 
the filter holder. Be sure to center the filter and place the gasket in 
proper position to prevent the sample gas stream from by-passing the 
filter. Check the filter for tears after assembly is completed. Be sure 
also to set the filter heating system at the desired operating 
temperature after the sampling train has been assembled.

[[Page 226]]

    7.1.3  Sampling Train Operation. In addition to the procedure given 
in Method 101, section 7.1.5, maintain a temperature around the filter 
(if applicable) of 120 deg.plus-minus14 deg. C 
(248 deg.plus-minus25 deg. F).
    7.2  Sample Recovery. Begin proper cleanup procedure as soon as the 
probe is removed from the stack at the end of the sampling period. Allow 
the probe to cool. When it can be safely handled, wipe off any external 
particulate matter near the tip of the probe nozzle and place a cap over 
it. Do not cap off the probe tip tightly while the sampling train is 
cooling because the resultant vacuum would draw liquid out from the 
impingers.
    Before moving the sample train to the cleanup site, remove the probe 
from the train, wipe off the silicone grease, and cap the open outlet of 
the probe. Be careful not to lose any condensate that might be present. 
Wipe off the silicone grease from the impinger. Use either ground-glass 
stoppers, plastic caps, or serum caps to close these openings.
    Transfer the probe, impinger assembly, and (if applicable) filter 
assembly to a cleanup area that is clean, protected from the wind, and 
free of Hg contamination. The ambient air in laboratories located in the 
immediate vicinity of Hg-using facilities is not normally free of Hg 
contamination.
    Inspect the train before and during assembly, and note any abnormal 
conditions. Treat the sample as follows:
    7.2.1  Container No. 1 (Impinger, Probe, and Filter Holder) and, if 
applicable, No. 1A (HCl rinse).
    7.2.1.1  Using a graduated cylinder, measure the liquid in the first 
three impingers to within 1 ml. Record the volume of liquid present 
(e.g., see Figure 5-3 of Method 5 in 40 CFR Part 60). This information 
is required to calculate the moisture content of the effluent gas. (Use 
only graduated cylinder and glass storage bottles that have been 
precleaned as in Section 7.1.2.) Place the contents of the first three 
impingers into a 1000-ml glass sample bottle labeled Container No. 1. 
See the Precaution in Section 6.1.6.

    Note No. 1 to Section 7.2.1.1: Due to the potential reaction of 
KMnO4 with acid, there could be pressure buildup in the sample 
storage bottles. These bottles shall not be filled completely and shall 
be vented to relieve excess pressure. A No. 70-72 hole drilled in the 
container cap and Teflon liner has been used successfully).
    Note No. 2 to Section 7.2.1.1: If a filter is used in the sampling 
train, remove the filter from its holder as outlined under ``Container 
No. 3'' below.)

    7.2.1.2  Taking care that dust on the outside of the probe or other 
exterior surfaces does not get into the sample, quantitatively recover 
the Hg (and any condensate) from the probe nozzle, probe fitting, probe 
liner, front half of the filter holder (if applicable), and impingers as 
follows: Rinse these components with a total of 250 to 400 ml of fresh 
acidified 4 percent KMnO4 solution carefully assuring removal of 
all loose particulate matter from the impingers; add all washings to 
Container No. 1. See the Precaution in Section 6.1.6 and see the Note 
No. 1 in Section 7.2.1.1. To remove any residual brown deposits on the 
glassware following the permanganate rinse, rinse with approximately 100 
ml of water carefully assuring removal of all loose particulate matter 
from the impingers, and add this rinse to Container No. 1. If no visible 
deposits remain after this water rinse, do not rinse with 8 N HCl. 
However, if deposits do remain on the glassware after the water rinse, 
wash the impinger walls and stems with a total of only 25 ml of 8 N HCl 
as follows; turn and shake the impingers so that the 8 N HCl contacts 
all inside surfaces (wash the first impinger, then pour the wash from 
the first impinger into the second impinger, and finally pour the wash 
from the second into the third). DO NOT PLACE THE HCl WASH INTO THE 
ACIDIFIED PERMANGANATE SOLUTION. Place the HCl wash into a separate 
container labeled Container No. 1A as follows: place 150 ml of water in 
an empty sample container labeled Container No. 1A. Pour the HCl wash 
carefully, with stirring, into Container No. 1A. Rinse the impinger 
walls and stem with a total of 50 ml of water, and place this rinse into 
Container No. 1A.
    7.2.1.3  After all washings have been collected in the sample 
containers, prepare as described above to prevent leakage during 
shipment to the laboratory. Mark the height of the fluid level to 
determine whether leakage occurs during transport. Label the containers 
to identify their contents clearly.
    7.2.2.  Container No. 2 (Silica Gel). Note the color of the 
indicating silica gel to determine whether it has been completely spent 
and make a notation of its condition. Transfer the silica gel from its 
impinger to its original container and seal. The tester may use as aids 
a funnel to pour the silica gel and a rubber policeman to remove the 
silica gel from the impinger. It is not necessary to remove the small 
amount of particles that may adhere to the impinger wall and are 
difficult to remove. Since the gain in weight is to be used for moisture 
calculations, do not use any water or other liquids to transfer the 
silica gel. If a balance is available in the field, weigh the spent 
silica gel (or silica gel plus impinger) to the nearest 0.5 g; record 
this weight.
    7.2.3  Container No, 3 (Filter). If a filter was used, carefully 
remove it from the filter holder, place it into a 100 ml glass sample 
container, and add 20 to 40 ml of acidified KMnO4. If it is 
necessary to fold the filter, be sure that the particulate cake is 
inside the fold. Carefully transfer to the 100 ml sample

[[Page 227]]

bottle any particulate matter and filter fibers that might adhere to the 
filter holder gasket by using a dry Nylon bristle brush and a sharp 
edged blade. See the Precaution in Section 6.1.6 and see the Note No. 1 
in Section 7.2.1.1. Label the container to clearly identify its 
contents. Mark the height of the fluid level to determine whether 
leakage occurs during transport.
    7.2.4  Container No. 4 (Filter Blank). If a filter was used, treat 
an unused filter from the same filter lot used for sampling in the same 
manner as Container No. 3.
    7.2.5  Container No, 5 (Absorbing Solution Blank). For a blank, 
place 500 ml of acidified absorbing solution in a 1000 ml sample bottle. 
See the Precaution in Section 6.1.6 and see the Note No. 1 in Section 
7.2.1.1.
    7.2.6  Container No. 6 (HCl rinse blank). For a blank, place 200 ml 
of water in a 1000-ml sample bottle, and add 25 ml of 8 N HCl carefully 
with stirring. Seal the container. Only one blank sample per 3 runs is 
required.
    7.3  Sample preparation. Check liquid level in each container to see 
if liquid was lost during transport. If a noticeable amount of leakage 
occurred, either void the sample or use methods subject to the approval 
of the Administrator to account for the losses. Then follow the 
procedures below.
    7.3.1  Containers No. 3 and No. 4 (Filter and Filter Blank). If a 
filter is used, place the contents, including the filter, of Containers 
No. 3 and 4 in separate 250-ml beakers, and heat the beakers on a steam 
bath until most of the liquid has evaporated. Do not take to dryness. 
Add 20 ml of concentrated HNO3 to the beakers, cover them with a 
watch glass, and heat on a hot plate at 70  deg.C for 2 hours. Remove 
from the hot plate. Filter the solution from digestion of the Container 
No. 3 contents through Whatman No. 40 filter paper, and save the 
filtrate for addition to the Container No. 1 filtrate as described in 
Section 7.3.2. Discard the filter. Filter the solution from the 
digestion of the Container No. 4 contents through Whatman No. 40 filter 
paper, and save the filtrate for addition to Container No. 5 filtrate as 
described in Section 7.3.3. Discard the filter.
    7.3.2  Container No. 1 (Impingers, Probe, and Filter Holder) and, if 
applicable, No. 1A (HCl rinse). Filter the contents of Container No. 1 
through Whatman 40 filter paper into a 1-liter volumetric flask to 
remove the brown MnO2 precipitate. Save the filter for digestion of 
the brown MnO2 precipitate. Add the sample filtrate from Container 
No. 3 to the 1-liter volumetric flask, and dilute to volume with water. 
If the combined filtrates are greater than 1000 ml, determine the volume 
to the nearest ml and make the appropriate corrections for blank 
subtractions. Mix thoroughly. Mark the combined filtrates as ANALYSIS 
SAMPLE No. A.1. and analyze for Hg within 48 hr of the filtration step 
(Note: Do not confuse ANALYSIS SAMPLE No. A.1. with the contents of 
field Sample Container No. 1A which contains the 8 N HCl wash). Place 
the saved filter, which was used to remove the brown MnO2 
precipitate, into an appropriate sized vented container, which will 
allow release of any gases including chlorine formed when the filter is 
digested. In a laboratory hood which will remove any gas produced by the 
digestion of the MnO2, add 25 ml of 8 N HCl to the filter and allow 
to digest for a minimum of 24 hours at room temperature. Filter the 
contents of Container 1A through Whatman 40 paper into a 500-ml 
volumetric flask. Then filter the result of the digestion of the brown 
MnO2 from Container No. 1 through Whatman 40 filter into the same 
500-ml volumetric flask, and dilute and mix well to volume with water. 
Discard the filter. Mark this combined 500-ml dilute solution as 
ANALYSIS SAMPLE No. HCL A.2., and analyze for Hg.
    7.3.3  Container No. 5 (Absorbing Solution Blank) and No. 6 (HCl 
Rinse Blank). Prepare the contents of Container No. 5 for analysis by 
the same procedure used for Container No. 1 as described in Section 
7.3.2. Add the filter blank filtrate from Container No. 4 to the 1-liter 
volumetric flask, and dilute to volume. Mix thoroughly. Mark this as 
ANALYSIS SAMPLE No. A.1. BLANK, and analyze for Hg within 48 hours of 
the filtration step. Digest any brown precipitate remaining on the 
filter from the filtration of Container No. 5 by the same procedure as 
described in Section 7.3.2. Filter the contents of Container No. 6 by 
the same procedure as described in Section 7.3.2, and combine in the 
500-ml volumetric flask with the filtrate from the digested blank 
MnO2 precipitate. Mark this resultant 500-ml combined dilute 
solution as ANALYSIS SAMPLE No. HCl A.2 blank. (Note: When analyzing 
samples A.1 blank and HCl A.2 blank, always begin with 10-ml aliquots. 
This applies specifically to blank samples.)
    7.4  Analysis. Calibrate the spectrophotometer and recorder and 
prepare the calibration curve as described in sections 8.1 and 8.2. Then 
repeat the procedure used to establish the calibration curve with 
appropriately sized aliquots (1 to 10 ml) of the samples (from sections 
7.3.2 and 7.3.3) until two consecutive peak heights agree within 
plus-minus3 percent of their average value. If the 10-ml sample is 
below the detectable limit, use a larger aliquot (up to 20 ml), but 
decrease the volume of water added to the aeration cell accordingly to 
prevent the solution volume from exceeding the capacity of the aeration 
bottle. If the peak maximum of a 1.0-ml aliquot is off scale, further 
dilute the original sample to bring the Hg concentration into the 
calibration range of the spectrophotometer. If the Hg content of the 
absorbing solution and filter blank is below the working range of the 
analytical method, use zero for the blank.

[[Page 228]]

    Run a blank and standard at least after every five samples to check 
the spectrophotometer calibration; recalibrate as necessary.
    It is also recommended that at least one sample from each stack test 
be checked by the Method of Standard Additions to confirm that matrix 
effects have not interfered in the analysis.

8. Calibration and Standards

    The calibration and standards are the same as Method 101, Section 8, 
except for the following variations:
    8.1  Optical Cell Heating System Calibration. Same as Method 101, 
Section 8.2, except use a 25-ml graduated cylinder to add 25 ml of 
deionized distilled water to the bottle section of the aeration cell.
    8.2  Spectrophotometer and Recorder Calibration. The mercury 
response may be measured by either peak height or peak area. (Note: The 
temperature of the solution affects the rate at which elemental Hg is 
released from a solution and, consequently, it affects the shape of the 
absorption curve (area) and the point of maximum absorbance (peak 
height). To obtain reproducible results, all solutions must be brought 
to room temperature before use.) Set the spectrophotometer wave length 
at 253.7 nm and make certain the optical cell is at the minimum 
temperature that will prevent water condensation.
    Then set the recorder scale as follows: Using a 25-ml graduated 
cylinder, add 25 ml of deionized distilled water to the aeration cell 
bottle and pipet 5.0 ml of the working mercury standard solution into 
the aeration cell. (Note: Always add the Hg-containing solution to the 
aeration cell after the 25 ml of deionized distilled water.) Place a 
Teflon-coated stirring bar in the bottle. Add 5 ml of the 4 percent 
KMnO4 absorbing solution followed by 5 ml of 15 percent HNO3 
and 5 ml of 5 percent KMnO4 to the aeration bottle and mix well. 
Now, attach the bottle section to the bubbler section of the aeration 
cell and make certain that (1) the aeration cell exit arm stopcock 
(Figure 101-3 of Method 101) is closed (so that Hg will not prematurely 
enter the optical cell when the reducing agent is being added) and (2) 
there is no flow through the bubbler. Add 5 ml of sodium chloride 
hydroxylamine in 1-ml increments until the solution is colorless. Now 
add 5 ml of tin (II) solution to the aeration bottle through the side 
arm, and immediately stopper the side arm. Stir the solution for 15 
seconds, turn on the recorder, open the aeration cell exit arm stopcock, 
and immediately initiate aeration with continued stirring. Determine the 
maximum absorbance of the standard and set this value to read 90 percent 
of the recorder full scale.

9. Calculations

    9.1  Dry Gas Volume, Volume of Water Vapor and Moisture Content, 
Stack Gas Velocity, Isokinetic Variation and Acceptable Results, and 
Determination of Compliance. Same as Method 101, sections 9.1, 9.2, 9.3, 
9.6, and 9.7, respectively, except use data obtained from this test.
    9.2  Total Mercury. For each source sample, correct the average 
maximum absorbance of the two consecutive samples whose peak heights 
agree within 3 percent of their average for the contribution of the 
blank. Then calculate the total Hg content in g in each sample. 
Correct for any dilutions made to bring the sample into the working 
range of the spectrophotometer.
[GRAPHIC] [TIFF OMITTED] TR25AP96.009


[[Page 229]]


    where:
m(HCl) Hg=Total blank corrected g of Hg in HCl rinse and 
          HCl digestate of filter sample
C(HCl) Hg=Total ng of Hg analyzed in the aliquot from the 500-ml 
          ANALYSIS SAMPLE No. HCl A.2.
C(HCl blk) Hg=Total ng of Hg analyzed in aliquot of the 500-ml 
          ANALYSIS SAMPLE No. HCl A.2 blank.
D.F.(HCl) Hg=Dilution factor for the HCl-digested Hg-containing 
          solution, ANALYSIS SAMPLE No. ``HCl A.2.'' This dilution 
          factor applies only to the dilution steps, if necessary, of 
          the 500 ml of the original sample volume [Vf (HCl)] of 
          ``HCl A.2'' because the original volume has been factored out 
          in the equation along with the sample aliquot (S). In Eq. 
          101A-1, the sample aliquot, S, is digested according to 
          Sections 7.4, 8.1, and 8.2 and the Hg from this digestion is 
          introduced directly into the aeration cell for analysis. A 
          dilution factor is required only if it is necessary to bring 
          the sample into the analytical instrument's calibration range. 
          If no dilution is necessary, then D.F. (HCl) Hg equals 
          1.0.
D.F. (HCl blk)Hg=Dilution factor for the HCl-digested Hg-containing 
          solution, ANALYSIS SAMPLE No. ``HCl A.2 blank.'' (Refer to 
          sample No. ``HCl A.2'' dilution factor information above.)
Vf(HCl)=Solution volume of original sample, 500 ml for the HCl 
          samples diluted as described in Section 7.3.
10-3=Conversion factor g/ng.
S=Aliquot volume of sample: digested according to Sections 7.4, 8.1, 8.2 
          and the Hg from this digestion is introduced directly into the 
          aeration cell for analysis, ml.
Sblk=Aliquot volume of blank: digested according to Sections 7.4, 
          8.1, and 8.2 and the Hg from this digestion is introduced 
          directly into the aeration cell for analysis, ml.

    9.2.1  The maximum allowable blank subtraction for the Hg in the HCl 
washes is the lesser of the two following values: (1) the actual blank 
measured value (ANALYSIS SAMPLE NO. HCl A.2 blank), or (2) 5% of the Hg 
content in the combined HCl rinse and digested sample (ANALYSIS SAMPLE 
No. HCl A.2).
[GRAPHIC] [TIFF OMITTED] TR25AP96.010

where:
m(fltr)Hg=Total blank corrected g of Hg in KMnO4 
          filtrate and HNO3 digestion of filter sample.
C(fltr)Hg=Total ng of Hg in aliquot of KMnO4 filtrate and 
          HNO3 digestion of filter analyzed (aliquot of ANALYSIS 
          SAMPLE No. A.1).
C(fltr blk)Hg=Total ng of Hg analyzed in aliquot of KMnO4 
          blank and HNO3 digestion of blank filter (aliquot of 
          ANALYSIS SAMPLE No. A.1 blank).
Vf(fltr)=Solution volume of original sample, normally 100 ml for 
          samples diluted as described in Section 7.3.
Vf(blk)=Solution volume of blank sample, 1000 ml for samples 
          diluted as described in Section 7.3.
D.F.(fltr)Hg=Dilution factors, if necessary for ANALYSIS SAMPLE No. 
          A.1, calculated similarly to those above for the (HC1) Hg 
          samples.
D.F.(fltr blk)Hg=Dilution factors, if necessary for ANALYSIS SAMPLE 
          No. A.1 blank, calculated similarly to those above for the 
          (HCl blk)Hg samples.

    9.2.2  The maximum allowable blank subtraction for the HCl is the 
lesser of the two following values: (1) the actual blank measured value 
(ANALYSIS SAMPLE No. ``A.1 blank''), or (2) 5% of the Hg content in the 
filtrate (ANALYSIS SAMPLE No. ``A.1'').

mHg=m(HC1)Hg+m(fltr)Hg      Eq. 101A-3

where:
mHg=Total blank corrected Hg content in each sample, g.
m(HC1)Hg=Total blank corrected g of Hg in HCl rinse and 
          HCl digestate of filter sample.
M(fltr)Hg=Total blank corrected g of Hg in KMnO4 
          filtrate and HNO3 digestion of filter sample.
    9.3  Mercury Emission Rate. Calculate the Hg emission rate R in g/
day for continuous operations using Equation 101A-1. For cyclic 
operations, use only the time per day each stack is in operation. The 
total Hg emission rate from a source will be the summation of results 
from all stacks.


                                                                                                                
                                                         mHgvsAs(86,400 x 10-6)                                 
                                               R = K  ---------------------------                               
                                                        [Vm(std)+Vw(std)](Ts/Ps)                                
                                                                                                                


[[Page 230]]

                                                              Eq. 101A-1

Where:

mHg = Total Hg content in each sample, g.
vs = Average stack gas velocity, m/sec (fps).
As = Stack cross-sectional area, m2 (ft2).
86,400 = Conversion factor, sec/day.
10-6 = Conversion factor, g/g.
Vm(std) = Dry gas sample volume at standard conditions, corrected 
          for leakage (if any), m3 (ft3).
Vw(std) = Volume of water vapor at standard conditions, m3 
          (ft3).
Ts = Absolute average stack gas temperature,  deg.K ( deg.R).
Ps = Absolute stack gas pressure, mm Hg (in. Hg).
K = 0.3858  deg.K/mm Hg for metric units.
    = 17.64  deg.R/in. Hg for English units.

10. Bibliography

    1. Same as Method 101, Section 10.
    2. Mitchell, W. J., M. R. Midgett, J. C. Suggs, and D. Albrinck. 
Test Methods to Determine the Mercury Emissions from Sludge Incineration 
Plants. U.S. Environmental Protection Agency. Research Triangle Park, 
North Carolina. Publication No. EPA-600/4-79-058. September 1979.
    3. Wilshire, Frank W., J.E. Knoll, T.E. Ward, and M.R. Midgett. 
Reliability Study of the U.S. EPA's Method 101A--Determiantion of 
Particulate and Gaseous Mercury Emissions U.S. Environmental Protection 
Agency, Research Triangle Park, NC. Report No. 600/D-31/219 AREAL 367, 
NTIS Acc No. PB91-23361.

 Method 102--Determination of Particulate and Gaseous Mercury Emissions 
               From Chlor-Alkali Plants--Hydrogen Streams

1. Introduction

    Although similar to Method 101, Method 102 requires changes to 
accommodate the sample being extracted from a hydrogen stream. Conduct 
the test according to Method 101, except as shown below:

2. Mercury Train Operation

    2.1  Probe Heating System. Do not use, unless otherwise specified.
    2.2  Glass Fiber Filter. Do not use, unless otherwise specified.
    2.3  Safety Procedures. The sampler must conduct the source test 
under conditions of utmost safety, because hydrogen and air mixtures are 
explosive. Since the sampling train essentially is leakless, attention 
to safe operation can be concentrated at the inlet and outlet. If a leak 
does occur, however, remove the meter box cover to avoid a possible 
explosive mixture. The following specific precautions are recommended:
    2.3.1  Operate only the vacuum pump during the test. The other 
electrical equipment, e.g., heaters, fans, and timers, normally are not 
essential to the success of a hydogen stream test.
    2.3.2  Seal the sample port to minimize leakage of hydrogen from the 
stack.
    2.3.3  Vent sampled hydrogen at least 3 m (10 feet) away from the 
train. This can be accomplished by attaching a 13-mm-ID (0.50-in.) Tygon 
tube to the exhaust from the orifice meter. (Note: A smaller ID tubing 
may cause the orifice meter calibration to be erroneous.) Take care to 
ensure that the exhaust line is not bent or pinched.
    2.4  Setting of Isokinetic Rates.
    2.4.1  If a nomograph is used, take special care in the calculation 
of the molecular weight of the stack gas and in the setting of the 
nomograph to maintain isokinetic conditions during sampling (sections 
2.4.1.1 through 2.4.1.3 below).
    2.4.1.1  Calibrate the meter box orifice. Use the techniques 
described in APTD-0576 (see Citation 9 in section 10 of Method 101). 
Calibration of the orifice meter at flow conditions that simulate the 
conditions at the source is suggested. Calibration should either be done 
with hydrogen or with some other gas having a similar Reynolds Number so 
that there is similarity between the Reynolds Numbers during calibration 
and during sampling.
    2.4.1.2  The nomograph described in APTD-0576 cannot be used to 
calculate the C factor because the nomograph is designed for use when 
the stack gas dry molecular weight is 29plus-minus4. Instead, the 
following calculation should be made to determine the proper C factor:

                                                      (1-Bws)2          
    C = 0.00154H@Cp2Tm(Ps/Pm)          --------------------    
                                                  (1-Bws)+18Bws/Md      
                                                                        

Where:

H@=Meter box calibration factor obtained in Section 
          2.4.1.1, in. H2O.
Cp=Pitot tube calibration coefficient, dimensionless.
Tm=Absolute temperature of gas at the orifice,  deg.R.
Ps=Absolute pressure of stack gas, in. Hg.
Pm=Absolute pressure of gas at the meter, in. Hg.
Bws=Fraction by volume of water vapor in the stack gas.
Md=Dry molecular weight of stack gas, 1b/1b-mole.
0.00154=(in. H2O) ( deg.R)

    Note. This calculation is left in English units, and is not 
converted to metric units because nomographs are based on English units.

    2.4.1.3  Set the calculated C factor on the operating nomograph and 
select the proper nozzle diameter and K factor as specified in APTD-
0576. If the C factor obtained in Section 2.4.1.2 exceeds the values 
specified on the existing operating nomograph, expand

[[Page 231]]

the C scale logarithmically so that the values can be properly located.
    2.4.2  If a calculator is used to set isokinetic rates, it is 
suggested that the isokinetic equation presented in Citation 17 in the 
Bibliography of Method 101 be used.
    2.5  Sampling in Small (<12-in.-Diameter) Stacks. When the stack 
diameter (or equivalent diameter) is less than 12 inches, conventional 
pitot tube-probe assemblies should not be used. For sampling guidelines, 
see Citation 18 in the Bibliography of Method 101.

                 Method 103--Beryllium Screening Method

1. Applicability and Principle

    1.1  Applicability. This procedure details guidelines and 
requirements for methods acceptable for use in determining beryllium 
(Be) emissions in ducts or stacks at stationary sources.
    1.2  Principle. Be emissions are isokinetically sampled from three 
points in a duct or stack. The collected sample is analyzed for Be using 
an appropriate technique.

2. Apparatus

    2.1  Sampling Train. A schematic of the required sampling train 
configuration is shown in Figure 103-1. The essential components of the 
train are the following:
[GRAPHIC] [TIFF OMITTED] TC01MY92.028

    2.1.1  Nozzle. Stainless steel, or equivalent, with sharp, tapered 
leading edge.
    2.1.2  Probe. Sheathed borosilicate or quartz glass tubing.
    2.1.3  Filter. Millipore AA (Note: Mention of trade names or 
specific products does not constitute endorsement by the Environmental 
Protection Agency), or equivalent, with appropriate filter holder that 
provides a positive seal against leakage from outside or around the 
filter. It is suggested that a Whatman 41, or equivalent, be placed 
immediately against the back side of the Millipore filter as a guard 
against breakage of the Millipore. Include the backup filter in the 
analysis. To be equivalent, other filters shall exhibit at least 99.95 
percent efficiency (0.05 percent penetration) on 0.3 micron dioctyl 
phthalate smoke particles, and be amenable to the Be analysis procedure. 
The filter efficiency tests shall be conducted in accordance with 
American Society for Testing and Materials (ASTM) Standard Method D 
2986-71 (reapproved 1978) (incorporated by reference--see Sec. 61.18). 
Test data from the supplier's quality control program are sufficient for 
this purpose.
    2.1.4  Meter-Pump System. Any system that will maintain isokinetic 
sampling rate, determine sample volume, and is capable of a sampling 
rate of greater than 14 1pm (0.5 cfm).
    2.2  Measurement of Stack Conditions. The following equipment is 
used to measure stack conditions:
    2.2.1  Pitot Tube. Type S, or equivalent, with a coefficient within 
5 percent over the working range.
    2.2.2  Inclined Manometer, or Equivalent. To measure velocity head 
to within 10 percent of the minimum value.
    2.2.3  Temperature Measuring Device. To measure stack temperature to 
within 1.5 percent of the minimum absolute stack temperature.
    2.2.4  Pressure Measuring Device. To measure stack pressure to 
within 2.5 mm Hg (0.1 in. Hg).

[[Page 232]]

    2.2.5  Barometer. To measure atmospheric pressure to within 2.5 mm 
Hg (0.1 in. Hg).
    2.2.6  Wet and Dry Bulb Thermometers, Drying Tubes, Condensers, or 
Equivalent. To determine stack gas moisture content to within 1 percent.
    2.3  Sample Recovery.
    2.3.1  Probe Cleaning Equipment. Probe brush or cleaning rod at 
least as long as probe, or equivalent. Clean cotton balls, or 
equivalent, should be used with the rod.
    2.3.2  Leakless Glass Sample Bottles. To contain sample.
    2.4  Analysis. Use equipment necessary to perform an atomic 
absorption, spectrographic, fluorometric, chromatographic, or equivalent 
analysis.

3. Reagents

    3.1  Sample Recovery.
    3.1.1  Water. Distilled water.
    3.1.2  Acetone. Reagent grade.
    3.1.3  Wash Acid, 50 Percent (V/V) Hydrochloric Acid (HCl).
    Mix equal volumes of concentrated HCl and water, being careful to 
add the acid slowly to the water.
    3.2  Analysis. Reagents as necessary for the selected analytical 
procedure.

4. Procedure

    Guidelines for source testing are detailed in the following 
sections. These guidelines are generally applicable; however, most 
sample sites differ to some degree and temporary alterations such as 
stack extensions or expansions often are required to insure the best 
possible sample site. Further, since Be is hazardous, care should be 
taken to minimize exposure. Finally, since the total quantity of Be to 
be collected is quite small, the test must be carefully conducted to 
prevent contamination or loss of sample.
    4.1  Selection of a Sampling Site and Number of Sample Runs. Select 
a suitable sample site that is as close as practicable to the point of 
atmospheric emission. If possible, stacks smaller than 1 foot in 
diameter should not be sampled.
    4.1.1  Ideal Sampling Site. The ideal sampling site is at least 
eight stack or duct diameters downstream and two diameters upstream from 
any flow disturbance such as a bend, expansion or contraction. For 
rectangular cross sections, use Equation 103-1 to determine an 
equivalent diameter, De.

                                                                        
                                      2LW                               
                                 De= -----                     Eq. 103-1
                                      L+W                               
                                                                        

Where:

L=length
W=width

    4.1.2  Alternate Sampling Site. Some sampling situations may render 
the above sampling site criteria impractical. In such cases, select an 
alternate site no less than two diameters downstream and one-half 
diameter upstream from any point of flow disturbance. Additional sample 
runs are recommended at any sample site not meeting the criteria of 
section 4.1.1.
    4.1.3  Number of Sample Runs Per Test. Three sample runs constitute 
a test. Conduct each run at one of three different points. Select three 
points that proportionately divide the diameter, or are located at 25, 
50, and 75 percent of the diameter from the inside wall. For horizontal 
ducts, sample on a vertical line through the centroid. For rectangular 
ducts, sample on a line through the centroid and parallel to a side. If 
additional sample runs are performed per section 4.1.2, proportionately 
divide the duct to accommodate the total number of runs.
    4.2  Measurement of Stack Conditions. Using the equipment described 
in section 2.2, measure the stack gas pressure, moisture, and 
temperature to determine the molecular weight of the stack gas. Sound 
engineering estimates may be made in lieu of direct measurements. 
Describe the basis for such estimates in the test report.
    4.3  Preparation of Sampling Train. Assemble the sampling train as 
shown in Figure 103-1. It is recommended that all glassware be 
precleaned by soaking in wash acid for 2 hours.
    Leak check the sampling train at the sampling site. The leakage rate 
should not be in excess of 1 percent of the desired sample rate.
    4.4  Beryllium Train Operation. For each run, measure the velocity 
at the selected sampling point. Determine the isokinetic sampling rate. 
Record the velocity head and the required sampling rate. Place the 
nozzle at the sampling point with the tip pointing directly into the gas 
stream. Immediately start the pump and adjust the flow to isokinetic 
conditions. At the conclusion of the test, record the sampling rate. 
Again measure the velocity head at the sampling point. The required 
isokinetic rate at the end of the period should not have deviated more 
than 20 percent from that originally calculated. Describe the reason for 
any deviation beyond 20 percent in the test report.
    Sample at a minimum rate of 14 1pm (0.5 cfm). Obtain samples over 
such a period or periods of time as are necessary to determine the 
maximum emissions which would occur in a 24-hour period. In the case of 
cyclic operations, perform sufficient sample runs so as to allow 
determination or calculation of the emissions that occur over the 
duration of the cycle. A minimum sampling time of 2 hours per run is 
recommended.
    4.5  Sample Recovery. It is recommended that all glassware be 
precleaned as in section 4.3. Sample recovery should also be performed 
in an area free of possible Be contamination. When the sampling train is

[[Page 233]]

moved, exercise care to prevent breakage and contamination. Set aside a 
portion of the acetone used in the sample recovery as a blank for 
analysis. The total amount of acetone used should be measured for 
accurate blank correction. Blanks can be eliminated if prior analysis 
shows negligible amounts.
    Remove the filter (and backup filter, if used) and any loose 
particulate matter from filter holder, and place in a container.
    Clean the probe with acetone and a brush or long rod and cotton 
balls. Wash into the container with the filter. Wash out the filter 
holder with acetone, and add to the same container.
    4.6  Analysis. Make the necessary preparation of samples and analyze 
for Be. Any currently acceptable method such as atomic absorption, 
spectrographic, fluorometric, chromatographic, or equivalent may be 
used.

5. Calibration and Standards

    5.1  Sampling Train. As a procedural check, compare the sampling 
rate regulation with a dry gas meter, spirometer, rotameter (calibrated 
for prevailing atmospheric conditions), or equivalent, attached to the 
nozzle inlet of the complete sampling train.
    5.2  Analysis. Perform the analysis standardization as suggested by 
the manufacturer of the instrument, or the procedures for the analytical 
method in use.

6. Calculations

    Calculate the Be emission rate R in g/day for each stack using 
Equation 103-2. For cyclic operations, use only the time per day each 
stack is in operation. The total Be emission rate from a source is the 
summation of results from all stacks.

                                                                                                                
                                                    Wtvs(avg) As(86,400 x 10-6)                                 
                                            R= ------------------------------------                             
                                                              Vtotal                                            
                                                                                                                

                                                               Eq. 103-2
Where:
Wt=Total weight of Be collected, g.
vs(avg)=Average stack gas velocity, m/sec (ft/sec).
As(avg)=Stack area, m2(ft2).
86,400=Conversion factor, sec/day.
10-6=Conversion factor, g/g.
Vtotal=Total volume of gas sampled, m3(ft3).

7. Test Report

    Prepare a test report that includes as a minimum: A detailed 
description of the sampling train used, results of the procedural check 
described in Section 5.1 with all data and calculations made, all 
pertinent data taken during the test, the basis for any estimates made, 
isokinetic sampling calculations, and emission results. Include a 
description of the test site, with a block diagram and brief description 
of the process, location of the sample points in the stack cross 
section, and stack dimensions and distances from any point of 
disturbance.

[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46295, Nov. 7, 1985]

Method 104--Determination of Beryllium Emissions From Stationary Sources

1. Applicability and Principle

    1.1  Applicability. This method is applicable for the determination 
of beryllium (Be) emissions in ducts or stacks at stationary sources. 
Unless otherwise specified, this method is not intended to apply to gas 
streams other than those emitted directly to the atmosphere without 
further processing.
    1.2  Principle. Be emissions are isokinetically sampled from the 
source, and the collected sample is digested in an acid solution and 
analyzed by atomic absorption spectrophotometry.

    2. Apparatus

    2.1  Sampling Train. The sampling train is identical to the Method 5 
train as shown in Figure 5-1 (mention of Method 5 refers to 40 CFR part 
60). The sampling train consists of the following components:
    2.1.1  Probe Nozzle, Pitot Tube, Differential Pressure Gauge, 
Metering System, Barometer, and Gas Density Determination Equipment. 
Same as Method 5, Sections 2.1.1, 2.1.3, 2.1.4, 2.1.8, 2.1.9, and 
2.1.10, respectively.
    2.1.2  Probe Liner. Borosilicate or quartz glass tubing. The tester 
may use a heating system capable of maintaining a gas temperature of 
12014 deg.C (24825 deg.F) at the probe exit 
during sampling to prevent water condensation. Note: Do not use metal 
probe liners.
    2.1.3  Filter Holder. Borosilicate glass, with a glass frit filter 
support and a silicone rubber gasket. Other materials of construction 
(e.g., stainless steel, Teflon, Viton) may be used, subject to the 
approval of the Administrator. (Note: Mention of trade names of specific 
products does not constitute endorsement by the Environmental Protection 
Agency.) The holder design shall provide a positive seal against leakage 
from the outside or around the filter. The holder shall be attached 
immediately at the outlet of the probe. A heating system capable of 
maintaining the filter at a minimum temperature in the range of the 
stack temperature may be used to prevent condensation from occurring.
    2.1.4  Impingers. Four Greenburg-Smith impingers connnected in 
series with leak-free ground glass fittings or any similar leak-free 
noncontaminating fittings. For the first, third, and fourth impingers, 
the tester may use impingers that are modified by replacing the tip with 
a 13-mm-ID (0.5-in.) glass tube extending to 13 mm (0.5 in.) from the 
bottom of the flask.

[[Page 234]]

    2.2  Sample Recovery. The following items are needed:
    2.2.1  Probe Cleaning Rod. At least as long as probe.
    2.2.2  Glass Sample Bottles. Leakless, with Teflon-lined caps, 500-
ml.
    2.2.3  Graduated Cylinder. 250-ml.
    2.2.4  Funnel and Rubber Policeman. To aid in transfer of silica gel 
to container; not necessary if silica gel is weighed in the field.
    2.2.5  Funnel. Glass, to aid in sample recovery.
    2.2.6  Plastic Jar. Approximately 300-ml.
    2.3  Analysis. The following equipment is needed:
    2.3.1  Atomic Absorption Spectrophotometer. Perkin-Elmer 303, or 
equivalent, with nitrous oxide/acetylene burner.
    2.3.2  Hot Plate.
    2.3.3  Perchloric Acid Fume Hood.

3. Reagents

    Use ACS reagent-grade chemicals or equivalent, unless otherwise 
specified.
    3.1  Sampling and Recovery. The reagents used in sampling and 
recovery are as follows:
    3.1.1  Filter. Millipore AA, or equivalent. It is suggested that a 
Whatman 41 filter or equivalent be placed immediately against the back 
side of the Millipore filter as a guard against breaking the Millipore 
filter. To be equivalent, other filters shall exhibit at least 99.95 
percent efficiency (0.05 percent penetration) on 0.3 micron dioctyl 
phthalate smoke particles. The filter efficiency tests shall be 
conducted in accordance with ASTM Standard Method D 2986-71 (reapproved 
1978) (incorporated by reference--see Sec. 61.18). Test data from the 
supplier's quality control program are sufficient for this purpose.
    3.1.2  Water. Deionized distilled, meeting ASTM Specifications for 
Type 3 Reagent Water--ASTM Test Method D 1193-77 (incorporated by 
reference--see Sec. 61.18). If high concentrations of organic matter are 
not expected to be present, the analyst may eliminate the KMnO4 
test for oxidizable organic matter.
    3.1.3  Silica Gel. Indicating type, 6- to 16-mesh. If previously 
used, dry at 175 deg. C (350 deg. F) for 2 hours. The tester may use new 
silica gel as received.
    3.1.4  Acetone.
    3.1.5  Wash Acid, 50 Percent (V/V) Hydrochloric Acid (HCl).
    Mix equal volumes of concentrated HCl and water, being careful to 
add the acid slowly to the water.
    3.2  Sample Preparation and Analysis. The reagents needed are listed 
below:
    3.2.1  Water. Same as Section 3.1.2.
    3.2.2.  Perchloric Acid (HClO4). Concentrated (70 percent).
    3.2.3  Nitric Acid (HNO3). Concentrated.
    3.2.4  Beryllium Powder. Minimum purity 98 percent.
    3.2.5  Sulfuric Acid (H2SO4) Solution, 12 N. Dilute 33 ml 
of concentrated H2SO4 to 1 liter with water.
    3.2.6  Hydrochloric Acid Solution, 25 Percent HCl (V/V).
    3.2.7  Standard Beryllium Solution, 1 g Be/ml. Dissolve 10 
mg of Be in 80 ml of      12 N H 2SO4 solution, and dilute to 
1000 ml with water. Dilute a 10-ml aliquot to 100 ml with 25 percent HCl 
solution to give a concentration of 1 g/ml. Prepare this dilute 
stock solution fresh daily. Equivalent strength Be stock solutions may 
be prepared from Be salts such as BeCl2 and Be(NO3)2 (98 
percent minimum purity).

4. Procedure

    4.1  Sampling. Because of the complexity of this method testers 
should be trained and experienced with the test procedures to assure 
reliable results. As Be is hazardous, testers should take precautions to 
minimize exposure. The amount of Be that is collected is generally 
small, therefore, it is necessary to exercise particular care to prevent 
contamination or loss of sample.
    4.1.1  Pretest Preparation. Follow the general procedure given in 
Method 5 ,section 4.1.1. Omit the directions for filters, except check 
them visually against light for irregularities and flaws such as 
pinholes.
    4.1.2  Preliminary Determinations. Follow the general procedure 
given in Method 5, section 4.1.2, except as follows: Select a nozzle 
size based on the range of velocity heads to assure that it is not 
necessary to change the nozzle size in order to maintain isokinetic 
sampling rates below 28 liters/min (1.0 cfm).
    Obtain samples over a period or periods of time that accurately 
determine the maximum emissions that occur in a 24-hour period. In the 
case of cyclic operations, perform sufficient sample runs for the 
accurate determination of the emissions that occur over the duration of 
the cycle. A minimum sample time of 2 hours per run is recommended.
    4.1.3  Prior to assembly, clean all glassware (probe, impingers, and 
connectors) by first soaking in wash acid for 2 hours, followed by 
rinsing with water. Place 100 ml of water in each of the first two 
impingers, and leave the third impinger empty. Save a portion of the 
water for a blank analysis. Place approximately 200 g of preweighed 
silica gel in the fourth impinger. The tester may use more silica gel, 
but should be careful to ensure that it is not entrained and carried out 
from the impinger during sampling. Place the silica gel container in a 
clean place for later use in the sample recovery. As an alternative, 
determine and record the weight of the silica gel plus impinger to the 
nearest 0.5 g.
    Install the selected nozzle using a Viton A O-ring when stack 
temperatures are less the 260 deg.C (500 deg.F). Use a fiberglass string 
gasket if

[[Page 235]]

temperatures are higher. See APTD-0576 (Citation 9 in Section 10 of 
Method 101) for details. Other connecting systems using either 316 
stainless steel or Teflon ferrules may be used.
    If condensation in the probe or filter is a problem, probe and 
filter heaters will be required. Adjust the heaters to provide a 
temperature at or above the stack temperature. However, membrane filters 
such as the Millipore AA are limited to about 225 deg.F. If the stack 
gas is in excess of about 200 deg.F, consideration should be given to an 
alternate procedure such as moving the filter holder downstream of the 
first impinger to insure that the filter does not exceed its temperature 
limit. Mark the probe with heat-resistant tape or by some other method 
to denote the proper distance into the stack or duct for each sampling 
point. Assemble the train as shown in Figure 5-1 of Method 5, using (if 
necessary) a very light coat of silicone grease on all ground glass 
joints. Grease only the outer portion (see APTD-0576) to avoid 
possibility of contamination by the silicone grease. Note:  An empty 
impinger may be inserted between the third impinger and the silica gel 
to remove excess moisture from the sample stream.
    After the sampling train has been assembled, turn on and set the 
probe, if applicable, at the desired operating temperature. Allow time 
for the temperatures to stabilize. Place crushed ice around the 
impingers.
    4.1.4.  Leak-Check Procedures. Follow the leak-check procedures 
outlined in Method 5, Sections 4.1.4.1 (Pretest Leak Check), 4.1.4.2 
(Leak Checks During Sample Run), and 4.1.4.3 (Post-Test Leak Check).
    4.1.5  Beryllium Train Operation. Follow the general procedure given 
in Method 5, Section 4.1.5. For each run, record the data required on a 
data sheet such as the one shown in Figure 5-2 of Method 5.
    4.1.6  Calculation of Percent Isokinetic. Same as Method 5, Section 
4.1.6.
    4.2  Sample Recovery. Begin proper cleanup procedure as soon as the 
probe is removed from the stack at the end of the sampling period.
    Allow the probe to cool. When it can be safely handled, wipe off any 
external particulate matter near the tip of the probe nozzle, and place 
a cap over it. Do not cap off the probe tip tightly while the sampling 
train is cooling. Capping would create a vacuum and draw liquid out from 
the impingers.
    Before moving the sampling train to the cleanup site, remove the 
probe from the train, wipe off the silicone grease, and cap the open 
outlet of the probe. Be careful not to lose any condensate that might be 
present. Wipe off the silicone grease from the impinger. Use either 
ground-glass stoppers, plastic caps, or serum caps to close these 
openings.
    Transfer the probe and impinger assembly to a cleanup area that is 
clean, protected from the wind, and free of Be contamination.
    Inspect the train before and during this assembly, and note any 
abnormal conditions. Treat the sample as follows:
    Disconnect the probe from the impinger train. Remove the filter and 
any loose particulate matter from the filter holder, and place in a 
sample bottle. Place the contents (measured to 1 ml) of the 
first three impingers into another sample bottle. Rinse the probe and 
all glassware between it and the back half of the third impinger with 
water and acetone, and add this to the latter sample bottle. Clean the 
probe with a brush or a long slender rod and cotton balls. Use acetone 
while cleaning. Add these to the sample bottle. Retain a sample of the 
water and acetone as a blank. The total amount of water and acetone used 
should be measured for accurate blank correction. Place the silica gel 
in the plastic jar. Seal and secure all sample containers for shipment. 
If an additional test is desired, the glassware can be carefully double 
rinsed with water and reassembled. However, if the glassware is out of 
use more than 2 days, repeat the initial acid wash procedure.
    4.3  Analysis.
    4.3.1  Apparatus Preparation. Before use, clean all glassware 
according to the procedure of section 4.1.3. Adjust the instrument 
settings according to the instrument manual, using an absorption 
wavelength of 234.8 nm.
    4.3.2  Sample Preparation. The digestion of Be samples is 
accomplished in part in concentrated HClO4. Caution: The analyst 
must insure that the sample is heated to light brown fumes after the 
initial HNO3 addition; otherwise, dangerous perchlorates may result 
from the subsequent HClO4 digestion. HClO4 should be used only 
under a hood.
    4.3.2.1  Filter Preparation. Transfer the filter and any loose 
particulate matter from the sample container to a 150-ml beaker. Add 35 
ml concentrated HNO3. Heat on a hotplate until light brown fumes 
are evident to destroy all organic matter. Cool to room temperature, and 
add 5 ml concentrated H2SO4 and 5 ml concentrated HClO4. 
Then proceed with step 4.3.2.4.
    4.3.2.2  Water Preparation. Place a portion of the water and acetone 
sample into a 150-ml beaker, and put on a hotplate. Add portions of the 
remainder as evaporation proceeds and evaporate to dryness. Cool the 
residue, and add 35 ml concentrated HNO3. Heat on a hotplate until 
light brown fumes are evident to destroy any organic matter. Cool to 
room temperature, and add 5 ml concentrated H2SO4 and 5 ml 
concentrated HClO4. Then proceed with step 4.3.2.4.
    4.3.2.3  Silica Gel Preparation Analyses. Weigh the spent silica 
gel, and report to the nearest gram.

[[Page 236]]

    4.3.2.4  Final Sample Preparation. Samples from 4.3.2.1 and 4.3.2.2 
may be combined here for ease of analysis. Replace on a hotplate, and 
evaporate to dryness in a HClO4 hood. Cool and dissolve the residue 
in 10.0 ml of 25 percent V/V HCl. Samples are now ready for the atomic 
absorption unit. It is necessary for the Be concentration of the sample 
to be within the calibration range of the unit. If necessary, perform 
further dilution of sample with 25 percent V/V HCl to bring the sample 
within the calibration range.
    4.3.3  Beryllium Determination. Analyze the samples prepared in 
4.3.2 at 234.8 nm using a nitrous oxide/acetylene flame. Aluminum, 
silicon and other elements can interfere with this method if present in 
large quantities. Standard methods are available, however, that may be 
used to effectively eliminate these interferences (see Citation 2 in 
Section 8).

5. Calibration

    5.1  Sampling Train. Calibrate the sampling train components 
according to the procedures outlined in the following sections of Method 
5: Section 5.1 (Probe Nozzle), section 5.2 (Pitot Tube), section 5.3 
(Metering System), section 5.4 (Probe Heater), section 5.5 (Temperature 
Gauges), section 5.7 (Barometer). Note that the leak check described in 
section 5.6 of Method 5 applies to this method.

6. Calculations

    6.1  Dry Gas Volume. Using the data from each sample run, calculate 
the dry gas sample volume at standard conditions Vm(std) (corrected 
for leakage, if necessary) as outlined in Section 6.3 of Method 5.
    6.2  Volume of Water Vapor in Sample and Moisture Content of Stack 
Gas. Using the data obtained from each sample run, calculate the volume 
of water vapor Vw(std) in the sample, and the moisture content 
Bws of the stack gas. Use Equations 5-2 and 5-3 of Method 5.
    6.3 Stack Gas Velocity. Using the data from each sample run and 
Equation 2-9 of Method 2, calculate the average stack gas velocity 
vs(avg).
    6.4  Beryllium Emission Rate. Calculate the Be emission rate R in g/
day for each stack using Equation 104-1. For cyclic operations, use only 
the time per day each stack is in operation. The total Be emission rate 
from a source will be the summation of results from all stacks.

                                                                                                                
                                                    Wtvs(avg) As(86,400 x 10-6)                                 
                                         R=K ----------------------------------------                           
                                                     [Vm(std)+Vw(std))(Ts/Ps)                                   
                                                                                                                

                                                               Eq. 104-1
Where:

Wt=Total weight of Be collected, g.
As=Stack cross-sectional area, m\2\ (ft\2\).
86,400=Conversion factor, sec/day.
10-\6\=Conversion factor, g/g.
Ts=Absolute average stack gas temperature,  deg. 
          ( deg.).
Ps=Absolute stack gas pressure, mm Hg (in. Hg).
K=0.3858  deg./mm Hg for metric units.
    =17.64  deg./in. Hg for English units.

    6.5  Isokinetic Variation and Acceptable Results. Same as Method 5, 
Sections 6.11 and 6.12, respectively.

7. Determination of Compliance

    Each performance test consists of three sample runs of the 
applicable test method. For the purpose of determining compliance with 
an applicable national emission standard, use the average of the results 
of all sample runs.

8. Bibliography

     In addition to Citations 1-3 and 5-15 of Section 10 of Method 101, 
the following citations may be helpful:
    1. Amos, M.D., and J. B. Willis. Use of High-Temperature Pre-Mixed 
Flames in Atomic Absorption Spectroscopy. Spectrochim. Acta. 22:1325. 
1966.
    2. Fleet, B., K. V. Liberty, and T. S. West. A Study of Some Matrix 
Effects in the Determination of Beryllium by Atomic Absorption 
Spectroscopy in the Nitrous Oxide-Acetylene Flame. Talanta 17:203. 1970.

Method 105--Determination of Mecury in Wastewater Treatment Plant Sewage 
                                 Sludge

1. Applicability and Principle

    1.1  Applicability. This method applies to the determination of 
total organic and inorganic mercury (Hg) content in sewage sludges. The 
range of this method is 0.2 to 5 g/g; it may be extended by 
increasing or decreasing sample size.
    1.2  Principle. Time-composite sludge samples are withdrawn from the 
conveyor belt after dewatering and before incineration or drying. A 
weighed portion of the sludge is digested in aqua regia and oxidized by 
potassium permanganate (KMnO4). Hg in the digested sample is then 
measured by the conventional spectrophotometric cold-vapor technique.

2. Apparatus

    2.1  Sampling.
    2.1.1  Container. Plastic, 50-liter.
    2.1.2  Scoop. To remove 950-ml (1-qt.) sludge sample.
    2.2  Sludge Sample Preparation.
    2.2.1  Mixer. Mortar mixer, wheelbarrow-type, 57-liter (or 
equivalent) with electricity driven motor.
    2.2.2  Blender. Waring-type, 2-liter. (Note: Mention of specific 
trade names does not constitute endorsement by the Environmental 
Protection Agency.)

[[Page 237]]

    2.2.3  Scoop. To remove 100-ml and 20-ml samples of blended sludge.
    2.3  Analysis. Same as Method 101, Sections 5.3 and 5.4, except for 
the following:
    2.3.1  Balance. The balance of Method 101, Section 5.3.17, is not 
needed.
    2.3.2  Filter Paper. S and S No. 588 (or equivalent).

3. Reagents

    3.1  Water. Same as Method 101A, Section 6.1.1.
    3.2  Aqua Regia. Prepare immediately before use. Carefully add one 
volume of concentrated nitric acid (HNO3) to three volumes of 
concentrated hydrochloric acid (HCl).
    3.3  Antifoam B Silicon Emulsion. J.T. Baker Company (or 
equivalent).
    3.4  Mercury (II) Stock Solution, 1 mg Hg/ml. Completely dissolve 
135.4 mg of ACS reagent-grade HgCl2 in 75 ml of water, add 10 ml of 
concentrated HNO3, and adjust the volume to 100.0 ml with water. 
Mix thoroughly. (This solution is stable for at least 1 month.)
    3.5  Intermediate Mercury Standard Solution, 10 g Hg/ml. 
Prepare fresh weekly. Pipet 5.0 ml of the Hg stock solution into a 500-
ml volumetric flask, and add 20 ml of the 15-percent HNO3 solution. 
Adjust the volume to 500 ml with water. Thoroughly mix the solution.
    3.6  Working Mercury Standard Solution, 200 ng Hg/ml. Prepare fresh 
daily. Pipet 5.0 ml of the ``Intermediate Mercury Standard Solution'' 
into a 250-ml volumetric flask. Add 20 ml of 15-percent HNO3, and 
adjust the volume to 250 ml with water. Mix thoroughly.
    3.7  Tin (II) Solution, Sodium Chloride-Hydroxylamine Solution, 15-
Percent Nitric Acid, and Potassium Permanganate Solution. Same as Method 
101A, Section 6.2.

4. Procedure

    4.1  Sludge Sampling. Withdraw equal-volume increments of sludge 
[for a total of at least 15 liters (16-qt.)] at intervals of 30 min over 
an 8-hr period, and place in a rigid plastic container.
    4.2  Sludge Mixing. Transfer the entire 15-liter sample to a 57-
liter capacity (2-ft3) mortar mixer. Mix the sample for a minimum 
of 30 min at 30 rpm. Using a 200-ml beaker, take six 100-ml portions of 
sludge, and combine in a 2-liter blender. Blend sludge for 5 min; add 
water as necessary to give a fluid consistency. Immediately after 
stopping the blender, use a 50-ml beaker to withdraw four 20-ml portions 
of blended sludge, and place them in separate, tared 125-ml Erlenmeyer 
flasks. Reweigh each flask to determine the exact amount of sludge 
added. (Use three of the samples to determine the mercury content in the 
sludge, and use the fourth to measure the solids content of the blended 
sludge.)
    4.3  Solids Content of Blended Sludge. Dry one of the 20-ml blended 
samples from Section 4.2 in an oven at 105  deg. C to constant weight. 
Cool in a desiccator, and weigh and record the dry weight of the sample.
    4.4  Aqua Regia Digestion of Blended Samples. To each of the three 
remaining 20-ml samples from Section 4.2, add 25 ml of aqua regia, and 
digest the samples on a hot plate at low heat (do not boil) for 30 min, 
or until samples are a pale yellow-brown color and are void of the dark 
brown color characteristic of organic matter. Remove from the hot plate, 
and allow to cool.
    Filter each digested sample separately through an S and S No. 588 
filter, or equivalent, and rinse the filter contents with 50 ml of 
water. Transfer the filtrate and filter washing to a 100-ml volumetric 
flask, and carefully dilute to volume with water.
    4.5  Solids Content of Sludge Before Blending. Using a 200-ml 
beaker, remove two 100-ml portions of mixed sludge from the mortar 
mixer, and place in separate, tared 400-ml beakers. Reweigh each beaker 
to determine the exact amount of sludge added. Dry in an oven at 105 
deg.C, and cool in a desiccator to constant weight.
    4.6  Analysis for Mercury. The same as Method 101A, Sections 7.4 and 
8, except for the following variation.
    4.6.1  Spectrophotometer and Recorder Calibration. The mercury 
response may be measured by either peak height or peak area. Note: The 
temperature of the solution affects the rate at which elemental Hg is 
released from solution and, consequently, it affects the shape of the 
absorption curve (area) and the point of maximum absorbance (peak 
height). Therefore, to obtain reproducible results, bring all solutions 
to room temperature before use.
    Set the spectrophotometer wavelength to 253.7 nm. Make certain the 
optical cell is at the minimum temperature that will prevent water 
condensation from occurring. Then set the recorder scale as follows: 
Using a 25-ml graduated cylinder, add 25 ml of water to the aeration-
cell bottle. Add three drops of Antifoam B to the bottle, and then pipet 
5.0 ml of the working Hg standard solution into the aeration cell.

    Note: Always add the Hg containing solution to the aeration cell 
after the 25 ml of water.

    Place a Teflon-coated stirring bar in the bottle. Add 5 ml of 15-
percent HNO3 and 5 ml of 5-percent KMnO4 to the aeration 
bottle, and mix well. Next, attach the bottle section to the bubbler 
section of the aeration cell, and make certain that: (1) the exit arm 
stopcock of the aeration cell (Figure 105-3) is closed (so that Hg will 
not prematurely enter the optical cell when the reducing agent is being 
added), and (2) there is no flow through the bubbler. Add 5 ml of sodium 
chloride-hydroxylamine solution to the aeration bottle

[[Page 238]]

through the side arm, and mix. If the solution does not become 
colorless, add additional sodium chloride-hydroxylamine solution in 1-ml 
increments until the solution is colorless. Now add 5 ml of tin (II) 
solution to the aeration bottle through the side arm, and immediately 
stopper the side arm. Stir the solution for 15 sec, turn on the 
recorder, open the aeration cell exit arm stopcock, and then immediately 
initiate aeration with continued stirring. Determine the maximum 
absorbance of the standard, and set this value to read 90 percent of the 
recorder full scale.

5. Calculations

    5.1  Nomenclature.

Cm=Concentration of Hg in the digested sample, g/g.
Fsb=Weight fraction of solids in the blended sludge.
Fsm=Weight fraction of solids in the collected sludge after mixing.
M=Hg content of the sewage sludge (on a dry basis), g/g.
m=Mass of Hg in the aliquot of digested sample analyzed, g.
Va=Volume of digested sample analyzed, ml.
Vs=Volume of digested sample, ml.
Wf=Weight of empty sample flask, g.
Wfs=Weight of sample flask and sample, g.
Wfd=Weight of sample flask and sample after drying, g.
Wb=Weight of empty sample beaker, g.
Wbs=Weight of sample beaker and sample, g.
Wbd=Weight of sample beaker and sample after drying, g.

    5.2  Mercury Content of Digested Sample (Wet Basis). For each 
sample, correct the average maximum absorbance of the two consecutive 
samples whose peak heights agree within 3 percent of their 
average for the contribution of the blank. Use the calibration curve and 
these corrected averages to determine the final Hg concentration in the 
solution cell for each sludge sample.
    Calculate the total Hg content in each gram of digested sample 
correcting for any dilutions made to bring the sample into the working 
range of the spectrophotometer and for the weight of the sludge portion 
digested.

                                                                                                                
                                                           mVS                                                  
                                              Cm = ------------------                                 Eq. 105-1 
                                                       Va(Wfs-Wf)                                               
                                                                                                                

    5.3  Solids Content of Blended Sludge. Determine the solids content 
of the 20-ml aliquot dried in the oven at 105  deg.C (Section 4.3).

                                                                                                                
                                                           Wfs-Wfd                                              
                                                Fsb=1-  ------------                                  Eq. 105-2 
                                                           Wfs-Wf                                               
                                                                                                                

    5.4  Solids Content of Bulk Sample (before blending but, after 
mixing in mortar mixer). Determine the solids content of each 100-ml 
aliquot (Section 4.5), and average the results.

                                                                                                                
                                                           Wbs-Wbd                                              
                                                Fsm=1-  ------------                                  Eq. 105-3 
                                                           Wbs-Wb                                               
                                                                                                                

    5.5  Mercury Content of Bulk Sample (Dry Basis). Average the results 
from the three samples from each 8-hr composite sample, and calculate 
the Hg concentration of the composite sample on a dry basis.

                                                                                                                
                                                        Cm(avg)                                                 
                                                  M =  ---------                                      Eq. 105-4 
                                                          Fsb                                                   
                                                                                                                

6.  Bibliography

    1. Bishop, J.N. Mercury in Sediments, Ontario Water Resources 
Commission. Toronto, Ontario, Canada. 1971.
    2. Salma, M. Private Communication. EPA California/Nevada Basin 
Office. Alameda, California.
    3. Hatch, W.R. and W.L. Ott. Determination of Sub-Microgram 
Quantities of Mercury by Atomic Absorption Spectrophotometry. Analytical 
Chemistry. 40:2085. 1968.
    4. Bradenberger, H. and H. Bader. The Determination of Nanogram 
Levels of Mercury in Solution by a Flameless Atomic Absorption 
Technique. Atomic Absorption Newsletter. 6:101. 1967.
    5. Analytical Quality Control Laboratory (AQCL). Mercury in Sediment 
(Cold Vapor Technique) (Provisional Method). U.S. Environmental 
Protection Agency. Cincinnati, Ohio. April 1972.
    6. Kopp, J.F., M.C. Longbottom, and L.B. Lobring. ``Cold Vapor'' 
Method for Determining Mercury. Journal AWWA. 64(1):20-25. 1972.
    7. Manual of Methods for Chemical Analysis of Water and Wastes. U.S. 
Environmental Protection Agency. Cincinnati, Ohio. Publication No. EPA-
624/2-74-003. December 1974. p. 118-138.
    8. Mitchell, W.J., M.R. Midgett, J. Suggs, R.J. Velton, and D. 
Albrinck. Sampling and Homogenizing Sewage for Analysis. Environmental 
Monitoring and Support Laboratory, Office of Research and Development, 
U.S. Environmental Protection Agency. Research Triangle Park, N.C. March 
1979. 7 p.

   Method 106--Determination of Vinyl Chloride From Stationary Sources

Introduction

    Performance of this method should not be attempted by persons 
unfamiliar with the operation of a gas chromatograph (GC) nor by those 
who are unfamiliar with source sampling, because knowledge beyond the 
scope of this presentation is required. Care must be exercised to 
prevent exposure of

[[Page 239]]

sampling personnel to vinyl chloride, a carcinogen.

1. Applicability and Principle

    1.1  Applicability. The method is applicable to the measurement of 
vinyl chloride in stack gases from ethylene dichloride, vinyl chloride, 
and polyvinyl chloride manufacturing processes. The method does not 
measure vinyl chloride contained in particulate matter.
    1.2  Principle. An integrated bag sample of stack gas containing 
vinyl chloride (chloroethene) is subjected to GC analysis using a flame 
ionization detector (FID).

2. Range and Sensitivity

    This method is designed for the 0.1 to 50 ppm range. However, common 
GC instruments are capable of detecting 0.02 ppm vinyl chloride. With 
proper calibration, the upper limit may be extended as needed.

3. Interferences

    The chromatographic columns and the corresponding operating 
parameters herein described normally provide an adequate resolution of 
vinyl chloride; however, resolution interferences may be encountered on 
some sources. Therefore, the chromatograph operator shall select the 
column and operating parameters best suited to his particular analysis 
requirements, subject to the approval of the Administrator. Approval is 
automatic, provided that the tester produces confirming data through an 
adequate supplemental analytical technique, such as analysis with a 
different column or GC/mass spectroscopy, and has the data available for 
review by the Administrator.

4. Apparatus

    4.1  Sampling (see Figure 106-1). The sampling train consists of the 
following components:
    4.1.1  Probe. Stainless steel, Pyrex glass, or Teflon tubing (as 
stack temperature permits) equipped with a glass wool plug to remove 
particulate matter.
    4.1.2  Sample Lines. Teflon, 6.4-mm outside diameter, of sufficient 
length to connect probe to bag. Use a new unused piece for each series 
of bag samples that constitutes an emission test, and discard upon 
completion of the test.
    4.1.3  Quick Connects. Stainless steel, male (2) and female (2), 
with ball checks (one pair without), located as shown in Figure 106-1.
    4.1.4  Tedlar Bags. 50- to 100-liter capacity, to contain sample. 
Aluminized Mylar bags may be used if the samples are analyzed within 24 
hours of collection.
    4.1.5  Bag Containers. Rigid leak-proof containers for sample bags, 
with covering to protect contents from sunlight.
    4.1.6  Needle Valve. To adjust sample flow rates.
    4.1.7  Pump. Leak-free, with minimum of 2-liter/min capacity.
    4.1.8  Charcoal Tube. To prevent admission of vinyl chloride and 
other organics to the atmosphere in the vicinity of samplers.
    4.1.9  Flowmeter. For observing sampling flow rate; capable of 
measuring a flow range from 0.10 to 1.00 liter/min.
    4.1.10  Connecting Tubing. Teflon, 6.4-mm outside diameter, to 
assemble sampling train (Figure 106-1).
    4.1.11  Tubing Fittings and Connectors. Teflon or stainless steel, 
to assemble sampling train.
    4.2  Sample Recovery. Teflon tubing, 6.4-mm outside diameter, to 
connect bag to GC sample loop for sample recovery. Use a new unused 
piece for each series of bag samples that constitutes an emission test, 
and discard upon conclusion of analysis of those bags.
    4.3  Analysis. The following equipment is required:
    4.3.1  Gas Chromatograph. With FID, potentiometric strip chart 
recorder and 1.0- to 5.0-ml heated sampling loop in automatic sample 
valve. The chromatographic system shall be capable of producing a 
response to 0.1-ppm vinyl chloride that is at least as great as the 
average noise level. (Response is measured from the average value of the 
base line to the maximum of the wave form, while standard operating 
conditions are in use.)
    4.3.2  Chromatographic Columns. Columns as listed below. The analyst 
may use other columns provided that the precision and accuracy of the 
analysis of vinyl chloride standards are not impaired and he has 
available for review information confirming that there is adequate 
resolution of the vinyl chloride peak. (Adequate resolution is defined 
as an area overlap of not more than 10 percent of the vinyl chloride 
peak by an interferent peak. Calculation of area overlap is explained in 
Appendix C, Procedure 1: ``Determination of Adequate Chromatographic 
Peak Resolution.'')
    4.3.2.1  Column A. Stainless steel, 2.0 m by 3.2 mm, containing 80/
100-mesh Chromasorb 102.
    4.3.2.2  Column B. Stainless steel, 2.0 m by 3.2 mm, containing 20 
percent GE SF-96 on 60/80-mesh Chromasorb P AW; or stainless steel, 1.0 
m by 3.2 mm containing 80/100-mesh Porapak T. Column B is required as a 
secondary column if acetaldehyde is present. If used, column B is placed 
after column A. The combined columns should be operated at 120 deg. C.
    4.3.3  Flowmeters (2). Rotameter type, 100-ml/min capacity, with 
flow control valves.
    4.3.4  Gas Regulators. For required gas cylinders.
    4.3.5  Thermometer. Accurate to 1 deg. C, to measure temperature of 
heated sample loop at time of sample injection.

[[Page 240]]

    4.3.6  Barometer. Accurate to 5 mm Hg, to measure atmospheric 
pressure around GC during sample analysis.
    4.3.7  Pump. Leak-free, with minimum of 100-ml/min capacity.
    4.3.8  Recorder. Strip chart type, optionally equipped with either 
disc or electronic integrator.
    4.3.9  Planimeter. Optional, in place of disc or electronic 
integrator on recorder, to measure chromatograph peak areas.
    4.4  Calibration. Sections 4.4.2 through 4.4.4 are for the optional 
procedure in Section 7.1.
    4.4.1  Tubing. Teflon, 6.4-mm outside diameter, separate pieces 
marked for each calibration concentration.
    4.4.2  Tedlar Bags. Sixteen-inch-square size, with valve; separate 
bag marked for each calibration concentration.
    4.4.3  Syringes. 0.5-ml and 50-l, gas tight, individually 
calibrated to dispense gaseous vinyl chloride.
    4.4.4  Dry Gas Meter, with Temperature and Pressure Gauges. Singer 
Model DTM-115 with 802 index, or equivalent, to meter nitrogen in 
preparation of standard gas mixtures, calibrated at the flow rate used 
to prepare standards.

5. Reagents

    Use only reagents that are of chromatograph grade.
    5.1  Analysis. The following are required for analysis.
    5.1.1  Helium or Nitrogen. Zero grade, for chromatographic carrier 
gas.
    5.1.2  Hydrogen. Zero grade.
    5.1.3  Oxygen or Air. Zero grade, as required by the detector.
    5.2  Calibration. Use one of the following options: either 5.2.1 and 
5.2.2, or 5.2.3.
    5.2.1  Vinyl Chloride. Pure vinyl chloride gas certified by the 
manufacturer to contain a minimum of 99.9 percent vinyl chloride, for 
use in the preparation of standard gas mixtures in Section 7.1. If the 
gas manufacturer maintains a bulk cylinder supply of 99.9+ percent vinyl 
chloride, the certification analysis may have been performed on this 
supply rather than on each gas cylinder prepared from this bulk supply. 
The date of gas cylinder preparation and the certified analysis must 
have been affixed to the cylinder before shipment from the gas 
manufacturer to the buyer.
    5.2.2  Nitrogen. Zero grade, for preparation of standard gas 
mixtures as described in Section 7.1.
    5.2.3  Cylinder Standards (3). Gas mixture standards (50-, 10-, and 
5-ppm vinyl chloride in nitrogen cylinders). The tester may use cylinder 
standards to directly prepare a chromatograph calibration curve as 
described in Section 7.2.2, if the following conditions are met: (a) The 
manufacturer certifies the gas composition with an accuracy of 
plus-minus3 percent or better (see Section 5.2.3.1). (b) The 
manufacturer recommends a maximum shelf life over which the gas 
concentration does not change by greater than plus-minus5 percent 
from the certified value. (c) The manufacturer affixes the date of gas 
cylinder preparation, certified vinyl chloride concentration, and 
recommended maximum shelf life to the cylinder before shipment to the 
buyer.
    5.2.3.1  Cylinder Standards Certification. The manufacturer shall 
certify the concentration of vinyl chloride in nitrogen in each cylinder 
by (a) directly analyzing each cylinder and (b) calibrating his 
analytical procedure on the day of cylinder analysis. To calibrate his 
analytical procedure, the manufacturer shall use, as a minimum, a three-
point calibration curve. It is recommended that the manufacturer 
maintain (1) a high-concentration calibration standard (between 50 and 
100 ppm) to prepare his calibration curve by an appropriate dilution 
technique and (2) a low-concentration calibration standard (between 5 
and 10 ppm) to verify the dilution technique used. If the difference 
between the apparent concentration read from the calibration curve and 
the true concentration assigned to the low-concentration calibration 
standard exceeds 5 percent of the true concentration, the manufacturer 
shall determine the source of error and correct it, then repeat the 
three-point calibration.
    5.2.3.2  Verification of Manufacturer's Calibration Standards. 
Before using a standard, the manufacturer shall verify each calibration 
standard (a) by comparing it to gas mixtures prepared (with 99 mole 
percent vinyl chloride) in accordance with the procedure described in 
Section 7.1 or (b) calibrating it against vinyl chloride cylinder 
Standard Reference Materials (SRM's) prepared by the National Bureau of 
Standards, if such SRM's are available. The agreement between the 
initially determined concentration value and the verification 
concentration value must be within plus-minus5 percent. The 
manufacturer must reverify all calibration standards on a time interval 
consistent with the shelf life of the cylinder standards sold.
    5.2.4  Audit Cylinder Standards (2). Gas mixture standards with 
concentrations known only to the person supervising the analysis of 
samples. The audit cylinder standards shall be identically prepared as 
those in Section 5.2.3 (vinyl chloride in nitrogen cylinders). The 
concentrations of the audit cylinder should be: one low-concentration 
cylinder in the range of 5 to 20 ppm vinyl chloride and one high-
concentration cylinder in the range of 20 to 50 ppm. When available, the 
tester may obtain audit cylinders by contacting: Environmental 
Protection Agency, Environmental Monitoring Systems Laboratory, Quality 
Assurance Division (MD-77), Research Triangle Park, North Carolina 
27711. Audit cylinders obtained from a commercial gas manufacturer may 
be used

[[Page 241]]

provided: (a) the gas manufacturer certifies the audit cylinder as 
described in Section 5.2.3.1, and (b) the gas manufacturer obtains an 
independent analysis of the audit cylinders to verify this analysis. 
Independent analysis is defined here to mean analysis performed by an 
individual different than the individual who performs the gas 
manufacturer's analysis, while using calibration standards and analysis 
equipment different from those used for the gas manufacturer's analysis. 
Verification is complete and acceptable when the independent analysis 
concentration is within 5 percent of the gas manufacturer's 
concentration.

6. Procedure

    6.1  Sampling. Assemble the sample train as shown in Figure 106-1. A 
bag leak check should have been performed previously according to 
Section 7.3.2. Join the quick connects as illustrated, and determine 
that all connection between the bag and the probe are tight. Place the 
end of the probe at the centroid of the stack and start the pump with 
the needle valve adjusted to yield a flow that will fill over 50 percent 
of bag volume in the specific sample period. After allowing sufficient 
time to purge the line several times, change the vacuum line from the 
container to the bag and evacuate the bag until the rotameter indicates 
no flow. Then reposition the sample and vacuum lines and begin the 
actual sampling, keeping the rate proportional to the stack velocity. At 
all times, direct the gas exiting the rotameter away from sampling 
personnel. At the end of the sample period, shut off the pump, 
disconnect the sample line from the bag, and disconnect the vacuum line 
from the bag container. Protect the bag container from sunlight.
    6.2  Sample Storage. Keep the sample bags out of direct sunlight. 
When at all possible, analysis is to be performed within 24 hours, but 
in no case in excess of 72 hours of sample collection. Aluminized Mylar 
bag samples must be analyzed within 24 hours.
    6.3  Sample Recovery. With a new piece of Teflon tubing identified 
for that bag, connect a bag inlet valve to the gas chromatograph sample 
valve. Switch the valve to receive gas from the bag through the sample 
loop. Arrange the equipment so the sample gas passes from the sample 
valve to 100-ml/min rotameter with flow control valve followed by a 
charcoal tube and a 1-in. H2O pressure gauge. The tester may 
maintain the sample flow either by a vacuum pump or container 
pressurization if the collection bag remains in the rigid container. 
After sample loop purging is ceased, allow the pressure gauge to return 
to zero before activating the gas sampling valve.
    6.4  Analysis. Set the column temperature to 100 deg. C and the 
detector temperature to 150 deg. C. When optimum hydrogen and oxygen 
flow rates have been determined, verify and maintain these flow rates 
during all chromatography operations. Using zero helium or nitrogen as 
the carrier gas, establish a flow rate in the range consistent with the 
manufacturer's requirements for satisfactory detector operation. A flow 
rate of approximately 40 ml/min should produce adequate separations. 
Observe the base line periodically and determine that the noise level 
has stabilized and that base line drift has ceased. Purge the sample 
loop for 30 seconds at the rate of 100 ml/min, shut off flow, allow the 
sample loop pressure to reach atmospheric pressure as indicated by the 
H2O manometer, then activate the sample valve. Record the injection 
time (the position of the pen on the chart at the time of sample 
injection), sample number, sample loop temperature, column temperature, 
carrier gas flow rate, chart speed, and attenuator setting. Record the 
barometric pressure. From the chart, note the peak having the retention 
time corresponding to vinyl chloride as determined in Section 7.2.1. 
Measure the vinyl chloride peak area, Am, by use of a disc 
integrator, electronic integrator, or a planimeter. Measure and record 
the peak heights, Hm. Record Am and retention time. Repeat the 
injection at least two times or until two consecutive values for the 
total area of the vinyl chloride peak do not vary more than 5 percent. 
Use the average value for these two total areas to compute the bag 
concentration.
    Compare the ratio of Hm to Am for the vinyl chloride 
sample with the same ratio for the standard peak that is closest in 
height. If these ratios differ by more than 10 percent, the vinyl 
chloride peak may not be pure (possibly acetaldehyde is present) and the 
secondary column should be employed (see Section 4.3.2.2).
    6.5  Determination of Bag Water Vapor Content. Measure the ambient 
temperature and barometric pressure near the bag. From a water 
saturation vapor pressure table, determine and record the water vapor 
content of the bag as a decimal figure. (Assume the relative humidity to 
be 100 percent unless a lesser value is known.)

7. Preparation of Standard Gas Mixtures, Calibration, and Quality 
Assurance

    7.1  Preparation of Vinyl Chloride Standard Gas Mixtures. (Optional 
Procedure--delete if cylinder standards are used.) Evacuate a 16-inch 
square Tedlar bag that has passed a leak check (described in Section 
7.3.2) and meter in 5.0 liters of nitrogen. While the bag is filling, 
use the 0.5-ml syringe to inject 250 l of 99.9+ percent vinyl 
chloride gas through the wall of the bag. Upon withdrawing the syringe, 
immediately cover the resulting hole with a piece of adhesive tape. The 
bag now contains a vinyl chloride concentration of 50 ppm. In a like 
manner use the 50 l syringe to prepare gas mixtures having 10- 
and 5-ppm vinyl chloride concentrations. Place

[[Page 242]]

each bag on a smooth surface and alternately depress opposite sides of 
the bag 50 times to further mix the gases. These gas mixture standards 
may be used for 10 days from the date of preparation, after which time 
new gas mixtures must be prepared. (Caution: Contamination may be a 
problem when a bag is reused if the new gas mixture standard is a lower 
concentration than the previous gas mixture standard.)
    7.2  Calibration.
    7.2.1  Determination of Vinyl Chloride Retention Time. (This section 
can be performed simultaneously with Section 7.2.2.) Establish 
chromatograph conditions identical with those in Section 6.4 above. 
Determine proper attenuator position. Flush the sampling loop with zero 
helium or nitrogen and activate the sample valve. Record the injection 
time, sample loop temperature, column temperature, carrier gas flow 
rate, chart speed, and attenuator setting. Record peaks and detector 
responses that occur in the absence of vinyl chloride. Maintain 
conditions with the equipment plumbing arranged identically to Section 
6.3, and flush the sample loop for 30 seconds at the rate of 100 ml/min 
with one of the vinyl chloride calibration mixtures. Then activate the 
sample valve. Record the injection time. Select the peak that 
corresponds to vinyl chloride. Measure the distance on the chart from 
the injection time to the time at which the peak maximum occurs. This 
quantity divided by the chart speed is defined as the retention time. 
Since other organics may be present in the sample, positive 
identification of the vinyl chloride peak must be made.
    7.2.2  Preparation of Chromatograph Calibration Curve. Make a GC 
measurement of each gas mixture standard (described in Section 5.2.3 or 
7.1) using conditions identical with those listed in Sections 6.3 and 
6.4. Flush the sampling loop for 30 seconds at the rate of 100 ml/min 
with one of the standard mixtures, and activate the sample valve. Record 
the concentration of vinyl chloride injected (Cc), attenuator 
setting, chart speed, peak area, sample loop temperature, column 
temperature, carrier gas flow rate, and retention time. Record the 
barometric pressure. Calculate Ac, the peak area multiplied by the 
attenuator setting. Repeat until two consecutive injection areas are 
within 5 percent, then plot the average of those two values versus 
Cc. When the other standard gas mixtures have been similarly 
analyzed and plotted, draw a straight line through the points derived by 
the least squares method. Perform calibration daily, or before and after 
the analysis of each emission test set of bag samples, whichever is more 
frequent. For each group of sample analyses, use the average of the two 
calibration curves which bracket that group to determine the respective 
sample concentrations. If the two calibration curves differ by more than 
5 percent from their mean value, then report the final results by both 
calibration curves.
    7.3  Quality Assurance.
    7.3.1  Analysis Audit. Immediately after the preparation of the 
calibration curve and prior to the sample analyses, perform the analysis 
audit described in Appendix C, Procedure 2: ``Procedure for Field 
Auditing GC Analysis.''
    7.3.2  Bag Leak Checks. Checking of bags for leaks is required after 
bag use and strongly recommended before bag use. After each use, connect 
a water manometer and pressurize the bag to 5 to 10 cm H2O (2 to 4 
in. H2O). Allow to stand for 10 min. Any displacement in the water 
manometer indicates a leak. Also, check the rigid container for leaks in 
this manner. (Note: An alternative leak check method is to pressurize 
the bag to 5 to 10 cm H2O and allow it to stand overnight. A 
deflated bag indicates a leak.) For each sample bag in its rigid 
container, place a rotameter in line between the bag and the pump inlet. 
Evacuate the bag. Failure of the rotameter to register zero flow when 
the bag appears to be empty indicates a leak.

8. Calculations

    8.1  Sample Peak Area. Determine the sample peak area, Ac, as 
follows:

                                                                        
                                Ac=Am Af                      Eq. 106-1 
                                                                        

Where:

Am=Measured peak area.
Af=Attenuation factor.

    8.2  Vinyl Chloride Concentrations. From the calibration curves 
described in Section 7.2.2, determine the average concentration value of 
vinyl chloride, Cc, that corresponds to Ac, the sample peak 
area. Calculate the concentration of vinyl chloride in the bag, Cb, 
as follows:

                                                                                                                
                                                         CcPrTi                                                 
                                              Cb = ------------------                                  Eq.106-2 
                                                       PiTr(1-Bwb)                                              
                                                                                                                

Where:
Cb=Concentration of vinyl chloride in the bag, ppm.
Cc=Concentration of vinyl chloride in the standard sample, ppm.

Pr=Reference pressure, the laboratory pressure recorded during 
          calibration, mm Hg.
Ti=Sample loop temperature on the absolute scale at the time of 
          analysis,  deg.K.
Pi=Laboratory pressure at time of analysis, mm Hg.
Tr=Reference temperature, the sample loop temperature recorded 
          during calibration,  deg.K.
Bwb=Water vapor content of the bag sample, as analyzed, volume 
          fraction.

9. Bibliography


[[Page 243]]


    1. Brown D.W., E.W. Loy, and M.H. Stephenson, Vinyl Chloride 
Monitoring Near the B. F. Goodrich Chemical Company in Louisville, KY. 
Region IV, U.S. Environmental Protection Agency, Surveillance and 
Analysis Division, Athens, GA. June 24, 1974.
    2. G.D. Clayton and Associates. Evaluation of a Collection and 
Analytical Procedure for Vinyl Chloride in Air. U.S. Environmental 
Protection Agency, Research Triangle Park, N.C. EPA Contract No. 68-02-
1408, Task Order No. 2, EPA Report No. 75-VCL-1. December 13, 1974.
    3. Midwest Research Institute. Standardization of Stationary Source 
Emission Method for Vinyl Chloride. U.S. Environmental Protection 
Agency, Research Triangle Park, N.C. Publication No. EPA-600/4-77-026. 
May 1977.
    4. Scheil, G. and M.C. Sharp. Collaborative Testing of EPA Method 
106 (Vinyl Chloride) that Will Provide for a Standardized Stationary 
Source Emission Measurement Method. U.S. Environmental Protection 
Agency, Research Triangle Park, N.C. Publication No. EPA 600/4-78-058. 
October 1978.

[[Page 244]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.029



[[Page 245]]

    Method 107--Determination of Vinyl Chloride Content of Inprocess 
  Wastewater Samples, and Vinyl Chloride Content of Polyvinyl Chloride 
               Resin, Slurry, Wet Cake, and Latex Samples

Introduction

    Performance of this method should not be attempted by persons 
unfamiliar with the operation of a gas chromatograph (GC), nor by those 
who are unfamiliar with source sampling, because knowledge beyond the 
scope of this presentation is required. Care must be exercised to 
prevent exposure of sampling personnel to vinyl chloride, a carcinogen.

1. Applicability and Principle

    1.1 Applicability. This method applies to the measurement of the 
vinyl chloride monomer (VCM) content of inprocess wastewater samples, 
and the residual vinyl chloride monomer (RVCM) content of polyvinyl 
chloride (PVC) resins, wet cake, slurry, and latex samples. It cannot be 
used for polymer in fused forms, such as sheet or cubes. This method is 
not acceptable where methods from Section 304(h) of the Clean Water Act, 
33 U.S.C. 1251 et seq. (the Federal Water Pollution Control Amendments 
of 1972 as amended by the Clean Water Act of 1977) are required.
    1.2 Principle. The basis for this method relates to the vapor 
equilibrium that is established at a constant known temperature in a 
closed system between RVCM, PVC resin, water, and air. The RVCM in a PVC 
resin will equilibrate rapidly in a closed vessel, provided that the 
temperature of the PVC resin is maintained above the glass transition 
temperature of that specific resin.

2. Range and Sensitivity
    The lower limit of detection of vinyl chloride will vary according 
to the sampling and chromatographic system. The system should be capable 
of producing a measurement for a 50-ppm vinyl chloride standard that is 
at least 10 times the standard deviation of the system background noise 
level.

3. Interferences

    The chromatograph columns and the corresponding operating parameters 
herein described normally provide an adequate resolution of vinyl 
chloride; however, resolution interferences may be encountered on some 
sources. Therefore, the chromatograph operator shall select the column 
and operating parameters best suited to his particular analysis 
requirements, subject to the approval of the Administrator. Approval is 
automatic provided that the tester produces confirming data through an 
adequate supplemental analytical technique, such as analysis with a 
different column or GC/mass spectroscopy, and has the data available for 
review by the Administrator.

4. Precision and Reproducibility

    An interlaboratory comparison between seven laboratories of three 
resin samples, each split into three parts, yielded a standard deviation 
of 2.63 percent for a sample with a mean of 2.09 ppm, 4.16 percent for a 
sample with a mean of 1.66 ppm, and 5.29 percent for a sample with a 
mean of 62.66 ppm.

5. Safety

    Do not release vinyl chloride to the laboratory atmosphere during 
preparation of standards. Venting or purging with VCM/air mixtures must 
be held to a minimum. When they are required, the vapor must be routed 
to outside air. Vinyl chloride, even at low ppm levels, must never be 
vented inside the laboratory. After vials have been analyzed, the gas 
must be vented prior to removal of the vial from the instrument 
turntable. Vials must be vented through a hypodermic needle connected to 
an activated charcoal tube to prevent release of vinyl chloride into the 
laboratory atmosphere. The charcoal must be replaced prior to vinyl 
chloride breakthrough.

6. Apparatus

    6.1  Sampling. The following equipment is required:
    6.1.1  Glass bottles. 60-ml (2-oz) capacity, with wax-lined screw-on 
tops, for PVC samples.
    6.1.2  Glass Vials. Headspace vials, with Teflon-faced butyl rubber 
sealing discs, for water samples.
    6.1.3  Adhesive Tape. To prevent loosening of bottle tops.
    6.2  Sample Recovery. The following equipment is required:
    6.2.1  Glass Vials. Headspace vials, with butyl rubber septa and 
aluminum caps. Silicone rubber is not acceptable.
    6.2.2  Analytical Balance. Capable of determining sample weight 
within an accuracy of  1 percent.
    6.2.3  Vial Sealer. To seal headspace vials.
    6.2.4  Syringe. 100-l capacity.
    6.3  Analysis. The following equipment is required:
    6.3.1  Headspace Sampler and Chromatograph. Capable of sampling and 
analyzing a constant amount of headspace gas from a sealed vial, while 
maintaining that vial at a temperature of 90 deg.C 
0.5 deg.C. The chromatograph shall be equipped with a flame ionization 
detector. Perkin-Elmer Corporation Models F-40, F-42, F-45, HS-6, and 
HS-100, and Hewlett-Packard Corporation Model 19395A have been found 
satisfactory. Chromatograph backflush capability may be required.
    6.3.2  Chromatographic Columns. Stainless steel 1 m by 3.2 mm and 2 
m by 3.2 mm, both containing 50/80-mesh Porapak Q. The analyst may use 
other columns provided that the precision and accuracy of the analysis 
of vinyl chloride standards are not impaired and he has available for 
review information

[[Page 246]]

confirming that there is adequate resolution of the vinyl chloride peak. 
(Adequate resolution is defined as an area overlap of not more than 10 
percent of the vinyl chloride peak by an interferent peak. Calculation 
of area overlap is explained in Appendix C, Procedure 1: ``Determination 
of Adequate Chromatographic Peak Resolution.'') Two 1.83 m columns, each 
containing 1 percent Carbowax 1500 on Carbopak B, have been suggested 
for samples containing acetaldehyde.
    6.3.3  Thermometer. 0 to 100 deg.C, accurate to  
0.1 deg.C.

    6.3.4  Integrator-Recorder. To record chromatograms.

    6.3.5 Barometer. Accurate to  1 mm Hg.

    6.3.6  Regulators. For required gas cylinders.
    6.3.7  Headspace Vial Pre-Pressurizer. Nitrogen pressurized 
hypodermic needle inside protective shield. (Blueprint available from 
Test Support Section, Emission Measurement Branch, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, Mail Drop 19, 
Research Triangle Park, N.C. 27711.)

7. Reagents

    Use only reagents that are of chromatographic grade.
    7.1  Analysis. The following items are required for analysis:
    7.1.1  Hydrogen. Zero grade.
    7.1.2  Nitrogen or Helium. Zero grade.
    7.1.3  Air. Zero grade.
    7.1.4  Water. Interference free.
    7.2  Calibration. The following items are required for calibration:
    7.2.1  Cylinder Standards (4). Gas mixture standards (50-, 500-, 
2000- and 4000-ppm vinyl chloride in nitrogen cylinders). The tester may 
use cylinder standards to directly prepare a chromatograph calibration 
curve as described in Section 9.2, if the following conditions are met: 
(a) The manufacturer certifies the gas composition with an accuracy of 
plus-minus3 percent or better (see Section 7.2.1.1). (b) The 
manufacturer recommends a maximum shelf life over which the gas 
concentration does not change by greater than plus-minus5 percent 
from the certified value. (c) The manufacturer affixes the date of gas 
cylinder preparation, certified vinyl chloride concentration, and 
recommended maximum shelf life to the cylinder before shipment to the 
buyer.
    7.2.1.1  Cylinder Standards Certification. The manufacturer shall 
certify the concentration of vinyl chloride in nitrogen in each cylinder 
by (a) directly analyzing each cylinder and (b) calibrating his 
analytical procedure on the day of cylinder analysis. To calibrate his 
analytical procedure, the manufacturer shall use, as a minimum, a 3-
point calibration curve. It is recommended that the manufacturer 
maintain (1) a high-concentration calibration standard (between 4000 and 
8000 ppm) to prepare his calibration curve by an appropriate dilution 
technique and (2) a low-concentration calibration standard (between 50 
and 500 ppm) to verify the dilution technique used. If the difference 
between the apparent concentration read from the calibration curve and 
the true concentration assigned to the low-concentration calibration 
standard exceeds 5 percent of the true concentration, the manufacturer 
shall determine the source of error and correct it, then repeat the 3-
point calibration.
    7.2.1.2  Verification of Manufacturer's Calibration Standards. 
Before using, the manufacturer shall verify each calibration standard by 
(a) comparing it to gas mixtures prepared (with 99 mole percent vinyl 
chloride) in accordance with the procedure described in Section 7.1 of 
Method 106 or by (b) calibrating it against vinyl chloride cylinder 
Standard Reference Materials (SRM's) prepared by the National Bureau of 
Standards, if such SRM's are available. The agreement between the 
initially determined concentration value and the verification 
concentration value must be within 5 percent. The manufacturer must 
reverify all calibration standards on a time interval consistent with 
the shelf life of the cylinder standards sold.

8. Procedure

    8.1  Sampling.
    8.1.1  PVC Sampling. Allow the resin or slurry to flow from a tap on 
the tank or silo until the tap line has been well purged. Extend and 
fill a 60-ml sample bottle under the tap, and immediately tighten a cap 
on the bottle. Wrap adhesive tape around the cap and bottle to prevent 
the cap from loosening. Place an identifying label on each bottle, and 
record the date, time, and sample location both on the bottles and in a 
log book. All samples should be kept refrigerated.
    8.1.2  Water Sampling. At the sampling location fill the vials 
bubble-free to overflowing so that a convex meniscus forms at the top. 
The excess water is displaced as the sealing disc is carefully placed, 
with the Teflon side down, on the opening of the vial.
    Place the aluminum seal over the disc and the neck of the vial, and 
crimp into place. Affix an identifying label on the bottle, and record 
the date, time, and sample location both on the vials and in a log book. 
All samples must be kept refrigerated until analyzed.
    8.2  Sample Recovery. Samples must be run within 24 hours.
    8.2.1  Resin Samples. The weight of the resin used must be between 
0.1 and 4.5 grams. An exact weight must be obtained (1 
percent) for each sample. In the case of suspension resins, a volumetric 
cup can be prepared for holding the required amount of sample. When the 
cup is used, open the sample bottle, and add the cup volume of resin to 
the tared sample vial (tared, including septum

[[Page 247]]

and aluminum cap). Obtain the exact sample weight, add 100l or 
about two equal drops of water, and immediately seal the vial. Report 
this value on the data sheet; it is required for calculation of RVCM. In 
the case of dispersion resins, the cup cannot be used. Weigh the sample 
in an aluminum dish, transfer the sample to the tared vial, and 
accurately weigh it in the vial. After prepressurization of the samples, 
condition them for a minimum of 1 hour in the 90 deg. C bath. Do not 
exceed 5 hours.
    Prepressurization is not required if the sample weight, as analyzed, 
does not exceed 0.2 gram. It is also not required if solution of the 
prepressurization equation yields an absolute prepressurization value 
that is within 30 percent of the atmospheric pressure.

    Note: Some aluminum vial caps have a center section that must be 
removed prior to placing into sample tray. If the cap is not removed, 
the injection needle will be damaged.

    8.2.2  Suspension Resin Slurry and Wet Cake Samples. Decant the 
water from a wet cake sample, and turn the sample bottle upside down 
onto a paper towel. Wait for the water to drain, place approximately 0.2 
to 4.0 grams of the wet cake sample in a tared vial (tared, including 
septum and aluminum cap) and seal immediately. Then determine the sample 
weight (1 percent). All samples, weighing over 0.2 gram, 
must be prepressurized prior to conditioning for 1 hour at 90 deg.C, 
except as noted in Section 8.2.1. A sample of wet cake is used to 
determine total solids (TS). This is required for calculating the RVCM.
    8.2.3  Dispersion Resin Slurry and Geon Latex Samples. The materials 
should not be filtered. Sample must be thoroughly mixed. Using a tared 
vial (tared, including septum and aluminum cap) add approximately eight 
drops (0.25 to 0.35 g) of slurry or latex using a medicine dropper. This 
should be done immediately after mixing. Seal the vial as soon as 
possible. Determine sample weight (1 percent). Condition the 
vial for 1 hour at 90  deg.C in the analyzer bath. Determine the TS on 
the slurry sample (Section 8.3.5).
    8.2.4  Inprocess Wastewater Samples. Using a tared vial (tared, 
including septum and aluminum cap) quickly add approximately 1 cc of 
water using a medicine dropper. Seal the vial as soon as possible. 
Determine sample weight (1 percent). Condition the vial for 
1 hour at 90 deg.C in the analyzer bath.
    8.3  Analysis.
    8.3.1  Preparation of Equipment. Install the chromatographic column 
and condition overnight at 160 deg. C. In the first operation, Porapak 
columns must be purged for 1 hour at 230 deg. C.
    Do not connect the exit end of the column to the detector while 
conditioning. Hydrogen and air to the detector must be turned off while 
the column is disconnected.
    8.3.1.1  Flow Rate Adjustments. Adjust flow rates as follows:
    a. Nitrogen Carrier Gas. Set regulator on cylinder to read 50 psig. 
Set regulator on chromatograph to produce a flow rate of 30.0 cc/min. 
Accurately measure the flow rate at the exit end of the column using the 
soap film flowmeter and a stopwatch, with the oven and column at the 
analysis temperature. After the instrument program advances to the ``B'' 
(backflush) mode, adjust the nitrogen pressure regulator to exactly 
balance the nitrogen flow rate at the detector as was obtained in the 
``A'' mode.
    b. Vial Prepressurizer Nitrogen. After the nitrogen carrier is set, 
solve the following equation and adjust the pressure on the vial 
prepressurizer accordingly.


  
  
Where:

T1=Ambient temperature,  deg.K.
T2=Conditioning bath temperature,  deg.K.
P1=Gas chromatograph absolute dosing pressure (analysis mode), k 
          Pa.
Pw1=Water vapor pressure @ 90 deg. C (525.8 mm Hg).
Pw2=Water vapor pressure @ 22 deg. C (19.8 mm Hg).
7.50=mm Hg per k Pa.
10 k Pa=Factor to adjust the prepressurized pressure to slightly less 
          than the dosing pressure.

    Because of gauge errors, the apparatus may over-pressurize the vial. 
If the vial pressure is at or higher than the dosing pressure, an 
audible double injection will occur. If the vial pressure is too low, 
errors will occur on resin samples because of inadequate time for head-
space gas equilibrium. This condition can be avoided by running several 
standard gas samples at various pressures around the calculated 
pressure, and then selecting the highest pressure that does not produce 
a double injection. All samples and standards must be pressurized for 60 
seconds using the vial prepressurizer. The vial is then placed into the 
90 deg. C conditioning bath and tested for leakage by placing a drop of 
water on the septum at the needle hole. A clean, burr-free needle is 
mandatory.
    c. Burner Air Supply. Set regulator on cylinder to read 50 psig. Set 
regulator on chromatograph to supply air to burner at a rate between 250 
and 300 cc/min. Check with bubble flowmeter.
    d. Hydrogen Supply. Set regulator on cylinder to read 30 psig. Set 
regulator on chromatograph to supply approximately 35  5 cc/
min. Optimize hydrogen flow to yield the

[[Page 248]]

most sensitive detector response without extinguishing the flame. Check 
flow with bubble meter and record this flow.
    8.3.1.2  Temperature Adjustments. Set temperatures as follows:
    a. Oven (chromatograph column), 140 deg. C.
    b. Dosing Line, 150 deg. C.
    c. Injection Block, 170 deg. C.
    d. Sample Chamber, Water Temperature, 90 deg. C  
1.0 deg. C.
    8.3.1.3  Ignition of Flame Ionization Detector. Ignite the detector 
according to the manufacturer's instructions.
    8.3.1.4  Amplifier Balance. Balance the amplifier according to the 
manufacturer's instructions.
    8.3.2  Programming the Chromatograph. Program the chromatograph as 
follows:
    a. I--Dosing or Injection Time. The normal setting is 2 seconds.
    b. A--``Analysis Time.'' The normal setting is approximately 70 
percent of the VCM retention time. When this timer terminates, the 
programmer initiates backflushing of the first column.
    c. B--Backflushing Time. The normal setting is double the ``analysis 
time.''
    d. W--Stabilization Time. The normal setting is 0.5 min to 1.0 min.
    e. X--Number of Analyses Per Sample. The normal setting is one.
    8.3.3  Preparation of Sample Turntable. Before placing any sample 
into turntable, be certain that the center section of the aluminum cap 
has been removed. The numbered sample vials should be placed in the 
corresponding numbered positions in the turntable. Insert samples in the 
following order:
    Position 1 and 2--Old 2000-ppm standards for conditioning. These are 
necessary only after the analyzer has not been used for 24 hours or 
longer.
    Position 3--50-ppm standard, freshly prepared.
    Position 4--500-ppm standard, freshly prepared.
    Position 5--2000-ppm standard, freshly prepared.
    Position 6--4000-ppm standard, freshly prepared.
    Position 7--Sample No. 7 (This is the first sample of the day, but 
is given as 7 to be consistent with the turntable and the integrator 
printout.)
    After all samples have been positioned, insert the second set of 50-
, 500-, 2000-, and 4000-ppm standards. Samples, including standards, 
must be conditioned in the bath of 90 deg. C for 1 hour (not to exceed 5 
hours).
    8.3.4  Start Chromatograph Program. When all samples, including 
standards, have been conditioned at 90 deg. C for 1 hour, start the 
analysis program according to the manufacturer's instructions. These 
instructions must be carefully followed when starting and stopping a 
program to prevent damage to the dosing assembly.
    8.3.5  Determination of TS. For wet cake, slurry, resin solution, 
and PVC latex samples, determine TS for each sample by accurately 
weighing approximately 3 to 4 grams of sample in an aluminum pan before 
and after placing in a draft oven (105 to 110 deg. C). Samples must be 
dried to constant weight. After first weighing, return the pan to the 
oven for a short period of time, and then reweigh to verify complete 
dryness. The TS are then calculated as the final sample weight divided 
by initial sample weight.

9. Calibration

    Calibration is to be performed each 8-hour period the chromatograph 
is used. Alternatively, calibration with duplicate 50-, 500-, 2,000-, 
and 4,000-ppm standards (hereafter described as a four-point 
calibration) may be performed on a monthly basis, provided that a 
calibration confirmation test consisting of duplicate analyses of an 
appropriate standard is performed once per plant shift, or once per 
chromatograph carrousel operation (if the chromatograph operation is 
less frequent than once per shift). The criterion for acceptance of each 
calibration confirmation test is that both analyses of 500-ppm standards 
[2,000-ppm standards if dispersion resin (excluding latex resin) samples 
are being analyzed] must be within 5 percent of the most recent four-
point calibration curve. If this criterion is not met, then a complete 
four-point calibration must be performed before sample analyses can 
proceed.
    9.1  Preparation of Standards. Calibration standards are prepared as 
follows: Place 100l or about two equal drops of distilled water 
in the sample vial, then fill the vial with the VCM/nitrogen standard, 
rapidly seat the septum, and seal with the aluminum cap. Use a \1/8\-in. 
stainless steel line from the cylinder to the vial. Do not use rubber or 
Tygon tubing. The sample line from the cylinder must be purged (into a 
properly vented hood) for several minutes prior to filling the vials. 
After purging, reduce the flow rate to 500 to 1000 cc/min. Place end of 
tubing into vial (near bottom). Position a septum on top of the vial, 
pressing it against the \1/8\-in. filling tube to minimize the size of 
the vent opening. This is necessary to mimimize mixing air with the 
standard in the vial. Each vial is to be purged with standard for 90 
seconds, during which time the filling tube is gradually slid to the top 
of the vial. After the 90 seconds, the tube is removed with the septum, 
simultaneously sealing the vial. Practice will be necessary to develop 
good technique. Rubber gloves should be worn during the above 
operations. The sealed vial must then be pressurized for 60 seconds 
using the vial prepressurizer. Test the vial for leakage by placing a 
drop of water on the septum at the needle hole. Prepressurization of 
standards is not required unless samples have been prepressurized.

[[Page 249]]

    9.2  Preparation of Chromatograph Calibration Curve.
    Prepare two vials each of 50-, 500-, 2,000-, and 4,000-ppm 
standards. Run the calibration samples in exactly the same manner as 
regular samples. Plot As, the integrator area counts for each 
standard sample, versus Cc, the concentration of vinyl chloride in 
each standard sample. Draw a straight line through the points derived by 
the least squares method.

10. Calculations

10.1  Response Factor. If the calibration curve described in Section 9.2 
          passes through zero, an average response factor, Rf, may 
          be used to facilitate computation of vinyl chloride sample 
          concentrations.
    To compute Rf, first compute a response factor, Rs, for 
each sample as follows:

                                                                                                                
                                                      As                                                        
                                           Rs    = -------                                     Eq. 107-1        
                                                      Cc                                                        
                                                                                                                

where:

Rs=Response factor, area counts/ppm.
As=Chromatogram area counts of vinyl chloride for the sample, area 
          counts.
Cc=Concentration of vinyl chloride in the standard sample, ppm.

    Sum the individual response factors, and calculate Rf. If the 
calibration curve does not pass through zero, use the calibration curve 
to determine each sample concentration.
    10.2  Residual Vinyl Chloride Monomer Concentration, (Crvc) or 
Vinyl Chloride Monomer Concentration. Calculate Crvc in ppm or mg/
kg as follows:


  
  
Where:
As=Chromatogram area counts of vinyl chloride for the sample.
Pa=Ambient atmospheric pressure, mm Hg.
Rf=Response factor in area counts per ppm VCM.
Tl=Ambient laboratory temperature,  deg.K.
Mv=Molecular weight of VCM, 62.5 g/mole.
Vg=Volume of vapor phase, cm3.

                                                                        
                           m(TS)                           m(1-TS)      
       =Vv-        --------------------      -      --------------------
                           1.36                             0.9653      
                                                                        

R=Gas constant, (62360 cm\3\) (mm Hg)/(mole)( deg.K).

m=Sample weight, g.
Kp=Henry's Law Constant for VCM in PVC @ 90 deg. C, 
          6.52 x 10-6 g/g/mm Hg.
TS=Total solids expressed as a decimal fraction.
T2=Equilibrium temperature,  deg.K.
Kw=Henry's Law Constant for VCM in water @ 90 deg. C, 7 x 10-7 
          g/g/mm Hg.
Vv=Vial volume, cm\3\.
1.36=Density of PVC at 90 deg.C, g/cm\3\.
0.9653=Density of water at 90 deg.C, g/cm\3\.


                                                                                                                
                                                             m(TS)        m(1-TS)                               
                                             =    Vv    - ----------  - -----------                             
                                                             1.36          0.9653                               
                                                                                                                

    Results calculated using these equations represent concentration 
based on the total sample. To obtain results based on dry PVC content, 
divide by TS.

11. Bibliography

    1. B.F. Goodrich, Residual Vinyl Chloride Monomer Content of 
Polyvinyl Chloride Resins, Latex, Wet Cake, Slurry and Water Samples. 
B.F. Goodrich Chemical Group Standard Test Procedure No. 1005-E. B.F. 
Goodrich Technical Center, Avon Lake, Ohio. October 8, 1979.
    2. Berens, A.R. The Diffusion of Vinyl Chloride in Polyvinyl 
Chloride. ACS--Division of Polymer Chemistry, Polymer Preprints 15 
(2):197. 1974.
    3. Berens, A.R. The Diffusion of Vinyl Chloride in Polyvinyl 
Chloride. ACS--Division of Polymer Chemistry, Polymer Preprints 15 
(2):203. 1974.
    4. Berens, A.R., L.B. Crider, C.J. Tomanek, and J.M. Whitney. 
Analysis for Vinyl Chloride in PVC Powders by Head--Space Gas 
Chromatography. Journal of Applied Polymer Science. 19:3169-3172. 1975.
    5. Mansfield, R.A. The Evaluation of Henry's Law Constant (Kp) and 
Water Enhancement in the Perkin-Elmer Multifract

[[Page 250]]

F-40 Gas Chromatograph. B.F. Goodrich. Avon Lake, Ohio. February 10, 
1978.

Method 107A--Determination of Vinyl Chloride Content of Solvents, Resin-
Solvent Solution, Polyvinyl Chloride Resin, Resin Slurry, Wet Resin, and 
                              Latex Samples

Introduction

    Performance of this method should not be attempted by persons 
unfamiliar with the operation of a gas chromatograph (GC) or by those 
who are unfamiliar with source sampling because knowledge beyond the 
scope of this presentation is required. Care must be exercised to 
prevent exposure of sampling personnel to vinyl chloride, a carcinogen.

1. Applicability and Principle

    1.1  Applicability. This is an alternative method and applies to the 
measurement of the vinyl chloride content of solvents, resin solvent 
solutions, polyvinyl chloride (PVC) resin, wet cake slurries, latex, and 
fabricated resin samples. This method is not acceptable where methods 
from Section 304(h) of the Clean Water Act, 33 U.S.C. 1251 et seq., (the 
Federal Water Pollution Control Act Amendments of 1972 as amended by the 
Clean Water Act of 1977) are required.
    1.2  Principle. The basis for this method lies in the direct 
injection of a liquid sample into a chromatograph and the subsequent 
evaporation of all volatile material into the carrier gas stream of the 
chromatograph, thus permitting analysis of all volatile material 
including vinyl chloride.

2. Range and Sensitivity

    The lower limit of detection of vinyl chloride in dry PVC resin is 
0.2 ppm. For resin solutions, latexes, and wet resin, this limit rises 
inversely as the nonvolatile (resin) content decreases.
    With proper calibration, the upper limit may be extended as needed.

3. Interferences

    The chromatograph columns and the corresponding operating parameters 
herein described normally provide an adequate resolution of vinyl 
chloride. In cases where resolution interferences are encountered, the 
chromatograph operator shall select the column and operating parameters 
best suited to his particular analysis problem, subject to the approval 
of the Administrator. Approval is automatic, provided that the tester 
produces confirming data through an adequate supplemental analytical 
technique, such as analysis with a different column or GC/mass 
spectroscopy, and has the data available for review by the 
Administrator.

4. Precision and Reproducibility

    A standard sample of latex containing 181.8 ppm vinyl chloride 
analyzed 10 times by the alternative method showed a standard deviation 
of 7.5 percent and a mean error of 0.21 percent.
    A sample of vinyl chloride copolymer resin solution was analyzed 10 
times by the alternative method and showed a standard deviation of 6.6 
percent at a level of 35 ppm.

5. Safety

    Do not release vinyl chloride to the laboratory atmosphere during 
preparation of standards. Venting or purging with vinyl chloride monomer 
(VCM) air mixtures must be held to minimum. When purging is required, 
the vapor must be routed to outside air. Vinyl chloride, even at low-ppm 
levels, must never be vented inside the laboratory.

6. Apparatus

    6.1  Sampling. The following equipment is required:
    6.1.1  Glass Bottles. 16-oz wide mouth wide polyethylene-lined, 
screw-on tops.
    6.1.2  Adhesive Tape. To prevent loosening of bottle tops.
    6.2  Sample Recovery. The following equipment is required:
    6.2.1  Glass Vials. 20-ml capacity with polycone screw caps.
    6.2.2  Analytical Balance. Capable of weighing to 
plus-minus0.01 gram.
    6.2.3  Syringe. 50-microliter size, with removable needle.
    6.2.4  Fritted Glass Sparger. Fine porosity.
    6.2.5  Aluminum Weighing Dishes.
    6.2.6  Sample Roller or Shaker. To help dissolve sample.
    6.3  Analysis. The following equipment is required:
    6.3.1  Gas Chromatograph. Hewlett Packard Model 5720A or equivalent.
    6.3.2  Chromatograph Column. Stainless steel, 6.1 m by 3.2 mm, 
packed with 20 percent Tergitol E-35 on Chromosorb W AW 60/80 mesh. The 
analyst may use other columns provided that the precision and accuracy 
of the analysis of vinyl chloride standards are not impaired and that he 
has available for review information confirming that there is adequate 
resolution of the vinyl chloride peak. (Adequate resolution is defined 
as an area overlap of not more than 10 percent of the vinyl chloride 
peak by an interfering peak. Calculation of area overlap is explained in 
Apendix C, Procedure 1: ``Determination of Adequate Chromatographic Peak 
Resolution.'')
    6.3.3  Valco Instrument Six-Port Rotary Valve. For column back 
flush.
    6.3.4  Septa. For chromatograph injection port.
    6.3.5  Injection Port Liners. For chromatograph used.
    6.3.6  Regulators. For required gas cylinders.
    6.3.7  Soap Film Flowmeter. Hewlett Packard No. 0101-0113 or 
equivalent.
    6.4  Calibration. The following equipment is required:

[[Page 251]]

    6.4.1  Analytical Balance. Capable of weighing to 
plus-minus0.0001 g.
    6.4.2  Erlenmeyer Flask With Glass Stopper. 125 ml.
    6.4.3  Pipets. 0.1, 0.5, 1, 5, 10, and 50 ml.
    6.4.4  Volumetric Flasks. 10 and 100 ml.

7. Reagents

    Use only reagents that are of chromatograph grade.
    7.1  Analysis. The following items are required:
    7.1.1  Hydrogen Gas. Zero grade.
    7.1.2  Nitrogen Gas. Zero grade.
    7.1.3  Air. Zero grade.
    7.1.4  Tetrahydrofuran (THF). Reagent grade.
    Analyze the THF by injecting 10 microliters into the prepared gas 
chromatograph. Compare the THF chromatogram with that shown in Figure 
107A-1. If the chromatogram is comparable to A, the THF should be 
sparged with pure nitrogen for approximately 2 hours using the fritted 
glass sparger to attempt to remove the interfering peak. Reanalyze the 
sparged THF to determine whether the THF is acceptable for use. If the 
scan is comparable to B, the THF should be acceptable for use in the 
analysis.
[GRAPHIC] [TIFF OMITTED] TC01MY92.030

    7.1.5  N, N-Dimethylacetamide (DMAC). Spectrographic grade. For use 
in place of THF.
    7.2  Calibration. The following item is required:
    7.2.1  Vinyl Chloride 99.9 Percent. Ideal Gas Products lecture 
bottle, or equivalent. For preparation of standard solutions.

8. Procedure

    8.1  Sampling. Allow the liquid or dried resin to flow from a tap on 
the tank, silo, or pipeline until the tap has been purged. Fill a wide-
mouth pint bottle, and immediately tightly cap the bottle. Place an 
identifying label on each bottle and record the date, time, sample 
location, and material.
    8.2  Sample Treatment. Sample must be run within 24 hours.
    8.2.1  Resin Samples. Weigh 9.00 plus-minus 0.01 g of THF or 
DMAC in a tared 20-ml vial. Add 1.00 plus-minus 0.01 g of resin to 
the tared vial containing the THF or DMAC. Close the vial tightly with 
the screw cap, and shake or otherwise agitate the vial until complete 
solution of the resin is obtained. Shaking may require several minutes 
to several hours, depending on the nature of the resin.
    8.2.2  Suspension Resin Slurry and Wet Resin Sample. Slurry must be 
filtered using a small Buchner funnel with vacuum to yield a wet resin 
sample. The filtering process must be continued only as long as a steady 
stream of water is exiting from the funnel. Excessive filtration time 
could result in some loss of VCM. The wet resin sample is weighed into a 
tared 20-ml vial with THF or DMAC as described earlier for resin samples 
(8.2.1) and treated the same as the resin sample. A sample of the wet 
resin is used to determine total solids as required for calculating the 
residual VCM (Section 8.3.4).
    8.2.3  Latex and Resin Solvent Solutions. Samples must be thoroughly 
mixed. Weigh 1.00 plus-minus 0.01 g of the latex or resin-solvent 
solution into a 20-ml vial containing 9.00 plus-minus 0.01 g

[[Page 252]]

of THF or DMAC as for the resin samples (8.2.1). Cap and shake until 
complete solution is obtained. Determine the total solids of the latex 
or resin solution sample (Section 8.3.4).
    8.2.4  Solvents and Non-viscous Liquid Samples. No preparation of 
these samples is required. The neat samples are injected directly into 
the GC.
    8.3  Analysis.
    8.3.1  Preparation of GC. Install the chromatographic column, and 
condition overnight at 70 deg. C. Do not connect the exit end of the 
column to the detector while conditioning.
    8.3.1.1  Flow Rate Adjustments. Adjust the flow rate as follows:
    a. Nitrogen Carrier Gas. Set regulator on cylinder to read 60 psig. 
Set column flow controller on the chromatograph using the soap film 
flowmeter to yield a flow rate of 40 cc/min.
    b. Burner Air Supply. Set regulator on the cylinder at 40 psig. Set 
regulator on the chromatograph to supply air to the burner to yield a 
flow rate of 250 to 300 cc/min using the flowmeter.
    c. Hydrogen. Set regulator on cylinder to read 60 psig. Set 
regulator on the chromatograph to supply 30 to 40 cc/min using the 
flowmeter. Optimize hydrogen flow to yield the most sensitive detector 
response without extinguishing the flame. Check flow with flowmeter and 
record this flow.
    d. Nitrogen Back Flush Gas. Set regulator on the chromatograph using 
the soap film flowmeter to yield a flow rate of 40 cc/min.
    8.3.1.2  Temperature Adjustments. Set temperature as follows:
    a. Oven (chromatographic column) at 70 deg. C.
    b. Injection Port at 100 deg. C.
    c. Detector at 300 deg. C.
    8.3.1.3  Ignition of Flame Ionization Detector. Ignite the detector 
according to the manufacturer's instructions. Allow system to stabilize 
approximately 1 hour.
    8.3.1.4  Recorder. Set pen at zero and start chart drive.
    8.3.1.5  Attenuation. Set attenuation to yield desired peak height 
depending on sample VCM content.
    8.3.2  Chromatographic Analyses.
    a. Sample Injection. Remove needle from 50-microliter syringe. Open 
sample vial and draw 50-microliters of THF or DMAC sample recovery 
solution into the syringe. Recap sample vial. Attach needle to the 
syringe and while holding the syringe vertically (needle uppermost), 
eject 40 microliters into an absorbent tissue. Wipe needle with tissue. 
Now inject 10 microliters into chromatograph system. Repeat the 
injection until two consecutive values for the height of the vinyl 
chloride peak do not vary more than 5 percent. Use the average value for 
these two peak heights to compute the sample concentration.
    b. Back Flush. After 4 minutes has elapsed after sample injection, 
actuate the back flush valve to purge the first 4 feet of the 
chromatographic column of solvent and other high boilers.
    c. Sample Data. Record on the chromatograph strip chart the data 
from the sample label.
    d. Elution Time. Vinyl chloride elutes at 2.8 minutes. Acetaldehyde 
elutes at 3.7 minutes. Analysis is considered complete when chart pen 
becomes stable. After 5 minutes, reset back flush valve and inject next 
sample.
    8.3.3  Chromatograph Servicing.
    a. Septum. Replace after five sample injections.
    b. Sample Port Liner. Replace the sample port liner with a clean 
spare after five sample injections.
    c. Chromatograph Shutdown. If the chromatograph has been shut down 
overnight, rerun one or more samples from the preceding day to test 
stability and precision prior to starting on the current day's work.
    8.3.4  Determination of Total Solids (TS). For wet resin, resin 
solution, and PVC latex samples, determine the TS for each sample by 
accurately weighing approximately 3 to 5 grams of sample into a tared 
aluminum pan. The initial procedure is as follows:
    a. Where water is the major volatile component: Tare the weighing 
dish, and add 3 to 5 grams of sample to the dish. Weigh to the nearest 
milligram.
    b. Where volatile solvent is the major volatile component: Transfer 
a portion of the sample to a 20-ml screw cap vial and cap immediately. 
Weigh the vial to the nearest milligram. Uncap the vial and transfer a 
3- to 5-gram portion of the sample to a tared aluminum weighing dish. 
Recap the vial and reweigh to the nearest milligram. The vial weight 
loss is the sample weight.
    To continue, place the weighing pan in a 130 deg. C oven for 1 hour. 
Remove the dish and allow to cool to room temperature in a desiccator. 
Weigh the pan to the nearest 0.1 mg. Total solids is the weight of 
material in the aluminum pan after heating divided by the net weight of 
sample added to the pan originally times 100.

9. Calibration of the Chromatograph

    9.1  Preparation of Standards. Prepare a 1 percent by weight 
(approximate) solution of vinyl chloride in THF or DMAC by bubbling 
vinyl chloride gas from a cylinder into a tared 125-ml glass-stoppered 
flask containing THF or DMAC. The weight of vinyl chloride to be added 
should be calculated prior to this operation, i.e., 1 percent of the 
weight of THF or DMAC contained in the tared flask. This must be carried 
out in a laboratory hood. Adjust the vinyl chloride flow from the 
cylinder so that the vinyl chloride dissolves essentially completely in 
the THF or DMAC

[[Page 253]]

and is not blown to the atmosphere. Take particular care not to volatize 
any of the solution. Stopper the flask and swirl the solution to effect 
complete mixing. Weigh the stoppered flask to nearest 0.1 mg to 
determine the exact amount of vinyl chloride added.
    Pipet 10 ml of the approximately 1 percent solution into a 100-ml 
glass-stoppered volumetric flask, and add THF or DMAC to fill to the 
mark. Cap the flask and invert 10 to 20 times. This solution contains 
approximately 1,000 ppm by weight of vinyl chloride (note the exact 
concentration).
    Pipet 50-, 10-, 5-, 1-, 0.5-, and 0.1-ml aliquots of the 
approximately 1,000 ppm solution into 10 ml glass stoppered volumetric 
flasks. Dilute to the mark with THF or DMAC, cap the flasks and invert 
each 10 to 20 times. These solutions contain approximately 500, 100, 50, 
10, 5, and 1 ppm vinyl chloride. Note the exact concentration of each 
one. These standards are to be kept under refrigeration in stoppered 
bottles, and must be renewed every 3 months.
    9.2  Preparation of Chromatograph Calibration Curve.
    Obtain the GC for each of the six final solutions prepared in 
Section 9.1 by using the procedure in Section 8.3.2. Prepare a chart 
plotting peak height obtained from the chromatogram of each solution 
versus the known concentration. Draw a straight line through the points 
derived by the least squares method.

10. Calculations

    10.1  Response Factor. From the calibration curve described in 
Section 9.2, select the value of Cc that corresponds to Hc for 
each sample. Compute the response factor, Rf, for each sample as 
follows:

                                                                        
                                     Cc                                 
                               Rf = ----                    Eq. 107A-1  
                                     Hc                                 
                                                                        

where:

Rf=Chromatograph response factor, ppm/mm.
Cc=Concentration of vinyl chloride in the standard sample, ppm.
Hc=Peak height of the standard sample, mm.

    10.2  Residual vinyl chloride monomer concentration (Crvc) or 
vinyl chloride monomer concentration in resin:

                       Crvc =10HsRf

                                                              Eq. 107A-2
Where:

Crvc=Concentration of residual vinyl chloride monomer, ppm.

Hs=Peak height of sample, mm.
Rf=Chromatograph response factor.

    10.3 Samples containing volatile material, i.e., resin solutions, 
wet resin, and latexes:

                                                                                                                
                                                     HsRf (1,000)                                               
                                            Crvc = ----------------                                 Eq. 107A-3  
                                                          TS                                                    
                                                                                                                

where:

TS=Total solids in the sample, weight fraction.

    10.4  Samples of solvents and in process wastewater:

                                                                                                                
                                                         HsRf                                                   
                                                Crvc = -------                                      Eq. 107A-4  
                                                        0.888                                                   
                                                                                                                

Where:

0.888=Specific gravity of THF.

11. Bibliography

    1. Communication from R. N. Wheeler, Jr.; Union Carbide Corporation. 
Part 61 National Emissions Standards for Hazardous Air Pollutants 
appendix B, Method 107--Alternate Method, September 19, 1977.

 Method 108--Determination of Particulate and Gaseous Arsenic Emissions

1. Applicability and Principle

    1.1  Applicability. This method applies to the determination of 
inorganic arsenic (As) emissions from stationary sources as specified in 
the applicable subpart.
    1.2  Principle. Particulate and gaseous arsenic emissions are 
withdrawn isokinetically from the source and collected on a glass mat 
filter and in water. The collected arsenic is then analyzed by means of 
atomic absorption spectrophotometry.

2. Apparatus

    2.1  Sampling Train. A schematic of the sampling train is shown in 
Figure 108-1; it is similar to the Method 5 train of 40 CFR part 60, 
appendix A. Note: This and all subsequent references to other methods 
refer to the methods in 40 CFR part 60, appendix A. The sampling train 
consists of the following components:
    2.1.1  Probe Nozzle, Probe Liner, Pitot Tube, Differential Pressure 
Gauge, Filter Holder, Filter Heating System, Metering System, Barometer, 
and Gas Density Determination Equipment. Same as Method 5, Sections 
2.1.1 to 2.1.6 and 2.1.8 to 2.1.10, respectively.
    2.1.2  Filter Heating System. Any heating (or cooling) system 
capable of maintaining a sample gas temperature at the exit end of the 
filter holder during sampling at 121  14 deg.C (250 
 25 deg.F). Install a temperature gauge capable of measuring 
temperature to within 3 deg.C (5.4 deg.F) at the exit end of the filter 
holder so that the sample gas temperature can be regulated and monitored 
during sampling. The tester may use systems other than the one shown in 
APTD-0591.

[[Page 254]]

    2.1.3  Impingers. Four impingers connected in series with leak-free 
ground-glass fittings or any similar leak-free noncontaminating 
fittings. For the first, third, and fourth impingers, use the Greenburg-
Smith design, modified by replacing the tip with a 1.3-cm-ID (0.5 in.) 
glass tube extending to about 1.3 cm (0.5 in.) from the bottom of the 
flask. For the second impinger, use the Greenburg-Smith design with the 
standard tip. The tester may use modifications (e.g., flexible 
connections between the impingers, materials other than glass, or 
flexible vacuum lines to connect the filter holder to the condenser), 
subject to the approval of the Administrator.
    Place a thermometer, capable of measuring temperature to within 
1 deg.C (2 deg.F), at the outlet of the fourth impinger for monitoring 
purposes.

2[GRAPHIC] [TIFF OMITTED] TC01MY92.031


[[Page 255]]


    2.2  Sample Recovery. The following items are needed:
    2.2.1  Probe-Liner and Probe-Nozzle Brushes, Petri Dishes, Graduated 
Cylinder or Balance, Plastic Storage Containers, Rubber Policeman, and 
Funnel. Same as Method 5, Sections 2.2.1 and 2.2.4 to 2.2.8, 
respectively.
    2.2.2  Wash Bottles. Polyethylene (2).
    2.2.3  Sample Storage Containers. Chemically resistant, polyethylene 
or polypropylene for glassware washes, 500- or 1000-ml.
    2.3  Analysis. The following equipment is needed:
    2.3.1  Spectrophotometer. Equipped with an electrodeless discharge 
lamp and a background corrector to measure absorbance at 193.7 nm. For 
measuring samples having less than 10 g As/ml, use a vapor 
generator accessory or a graphite furnace.
    2.3.2  Recorder. To match the output of the spectrophotometer.
    2.3.3  Beakers. 150-ml.
    2.3.4  Volumetric Flasks. Glass 50-, 100-, 200-, 500-, and 1000-ml; 
and polypropylene, 50-ml.
    2.3.5  Balance. To measure within 0.5 g.
    2.3.6  Volumetric Pipets. 1-, 2-, 3-, 5-, 8-, and 10-ml.
    2.3.7  Oven.
    2.3.8  Hot Plate.

3. Reagents

    Unless otherwise specified, use American Chemical Society reagent 
grade (or equivalent) chemicals throughout.
    3.1  Sampling. The reagents used in sampling are as follows:
    3.1.1  Filters. Same as Method 5 except that the filters need not be 
unreactive to SO2.
    3.1.2  Silica Gel, Crushed Ice, and Stopcock Grease. Same as Method 
5, Sections 3.1.2, 3.1.4, and 3.1.5, respectively.
    3.1.3  Water. Deionized distilled to meet American Society for 
Testing and Materials Specification D 1133-74, Type 3 (incorporated by 
reference--see Sec. 60.17). When high concentrations of organic matter 
are not expected to be present, the analyst may omit the KMnO4 test 
for oxidizable organic matter.
    3.2  Sample Recovery. 0.1 N sodium hydroxide (NaOH) is required. 
Dissolve 4.00 g of NaOH in about 500 ml of water in a 1-liter volumetric 
flask. Then, dilute to exactly 1.0 liter with water.
    3.3  Analysis. The reagents needed for analysis are as follows:
    3.3.1  Water. Same as 3.1.3.
    3.3.2  Sodium Hydroxide, 0.1 N. Same as 3.2.
    3.3.3  Sodium Borohydride (NaBH4), 5 Percent (W/V). Dissolve 
5.00 g of NaBH4 in about 500 ml of 0.1 N NaOH in a 1-liter 
volumetric flask. Then, dilute to exactly 1.0 liter with 0.1 N NaOH.
    3.3.4  Hydrochloric Acid (HCl), Concentrated.
    3.3.5  Potassium Iodide (KI), 30 Percent (W/V). Dissolve 300 g of KI 
in 500 ml of water in a 1-liter volumetric flask. Then, dilute to 
exactly 1.0 liter with water.
    3.3.6  Nitric Acid (HNO3), Concentrated.
    3.3.7  Nitric Acid, 0.8 N. Dilute 52 ml of concentrated HNO3 to 
exactly 1.0 liter with water.
    3.3.8  Nitric Acid, 50 Percent (V/V). Add 50 ml concentrated 
HNO3 to 50 ml water.
    3.3.9  Stock Arsenic Standard, 1 mg As/ml. Dissolve 1.3203 g of 
primary standard grade As2O3 in 20 ml of 0.1 N NaOH in a 150-
ml beaker. Slowly add 30 ml of concentrated HNO3. Heat the 
resulting solution and evaporate just to dryness. Transfer the residue 
quantitatively to a 1-liter volumetric flask and dilute to 1.0 liter 
with water.
    3.3.10  Arsenic Working Solution, 1.0 g As/ml. Pipet 
exactly 1.0 ml of stock arsenic standard into an acid-cleaned, 
appropriately labeled 1-liter volumetric flask containing about 500 ml 
of water and 5 ml of concentrated HNO3. Dilute to exactly 1.0 liter 
with water.
    3.3.11  Air. Suitable quality for atomic absorption analysis.
    3.3.12  Acetylene. Suitable quality for atomic absorption analysis.
    3.3.13  Nickel Nitrate, 5 Percent (W/V). Dissolve 24.780 g of nickel 
nitrate hexahydrate in water in a 100-ml volumetric flask and dilute to 
100 ml with water.
    3.3.14  Nickel Nitrate, 1 Percent (W/V). Pipet 20 ml of 5 percent 
nickel nitrate solution into a 100-ml volumetric flask and dilute to 
exactly 100 ml with water.
    3.3.15  Hydrogen Peroxide, 3 Percent. Pipet 50 ml of 30 percent 
hydrogen peroxide into a 500 ml volumetric flask and dilute to exactly 
500 ml with water.
    3.3.16  Quality Assurance Audit Samples. Arsenic samples prepared by 
the Environmental Protection Agency's (EPA) Environmental Systems 
Laboratory, Quality Assurance Division, Source Branch, Mail Drop 77A, 
Research Triangle Park, North Carolina 27711. Each set will consist of 
two vials of unknown concentrations. Only when making compliance 
determinations, obtain an audit sample set from the Quality Assurance 
Management Office at each EPA regional office or the responsible 
enforcement office. (Note: The tester should notify the Quality 
Assurance Office or the responsible enforcement agency at least 30 days 
prior to the test date to allow sufficient time for delivery.)

4. Procedure

    4.1  Sampling. Because of the complexity of this method, testers 
must be trained and experienced with the test procedures in order to 
obtain reliable results.

[[Page 256]]

    4.1.1  Pretest Preparation. Follow the general procedure given in 
Method 5, Section 4.1.1, except the filter need not be weighed.
    4.1.2  Preliminary Determinations. Follow the general procedure 
given in Method 5, Section 4.1.2, except select the nozzle size to 
maintain isokinetic sampling rates below 28 liters/min (1.0 cfm).
    4.1.3  Preparation of Collection Train. Follow the general procedure 
given in Method 5, Section 4.1.3.
    4.1.4  Leak-Check Procedures. Follow the leak-check procedures given 
in Method 5, Sections 4.1.4.1 (Pretest Leak-Check), 4.1.4.2 (Leak-Checks 
During Sample Run), and 4.1.4.3 (Post-Test Leak-Check).
    4.1.5  Arsenic Train Operation. Follow the general procedure given 
in Method 5, Section 4.1.5, except maintain a temperature of 107 deg. to 
135 deg.C (225 deg. to 275 deg.F) around the filter and maintain 
isokinetic sampling flow rates below 28 liters/min (1.0 cfm). For each 
run, record the data required on a data sheet such as the one shown in 
Figure 108-2m.
    4.1.6  Calculation of Percent Isokinetic. Same as Method 5, Section 
4.1.6.

[[Page 257]]

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[[Page 258]]

    4.2  Sample Recovery. The same as Method 5, Section 4.2 except that 
0.1 N NaOH is used as the cleanup solvent instead of acetone and that 
the impinger water is treated as follows:
    Container Number 4 (Impinger Water). Clean each of the first two 
impingers and connecting glassware in the following manner:
    a. Wipe the impinger ball joints free of silicone grease, and cap 
the joints.
    b. Weigh the impinger and liquid to within 0.5 g. Record 
in the log the weight of liquid along with a notation of any color or 
film observed in the impinger catch. The weight of liquid is needed 
along with the silica gel data to calculate the stack gas moisture 
content.
    c. Rotate and agitate each impinger, using the impinger contents as 
a rinse solution.
    d. Transfer the liquid to Container Number 4. Remove the outlet 
ball-joint cap, and drain the contents through this opening. Do not 
separate the impinger parts (inner and outer tubes) while transferring 
their contents to the cylinder.
    e. (Note: In Steps e and f below, measure and record the total 
amount of 0.1 N NaOH used for rinsing.) Pour approximately 30 ml of 0.1 
NaOH into each of the first two impingers, and agitate the impingers. 
Drain the 0.1 N NaOH through the outlet arm of each impinger into 
Container Number 4. Repeat this operation a second time; inspect the 
impingers for any abnormal conditions.
    f. Wipe the ball joints of the glassware connecting the impingers 
and the back half of the filter holder free of silicone grease, and 
rinse each piece of glassware twice with 0.1 N NaOH; transfer this rinse 
into Container Number 4. (DO NOT RINSE or brush the glass-fritted filter 
support.) Mark the height of the fluid level to determine whether 
leakage occurs during transport. Label the container to identify clearly 
its contents.
    4.2.1  Blanks. Save a portion of the 0.1 N NaOH used for cleanup as 
a blank. Take 200 ml of this solution directly from the wash bottle 
being used and place it in a plastic sample container labeled ``NaOH 
blank.'' Also save a sample of the water, and place it in a container 
labeled ``H2O blank.''
    4.3  Arsenic Sample Preparation.
    4.3.1  Container Number 1 (Filter). Place the filter and loose 
particulate matter in a 150-ml beaker. Also, add the filtered material 
from Container Number 2 (see Section 4.3.3). Add 50 ml of 0.1 N NaOH. 
Then stir and warm on a hot plate at low heat (do not boil) for about 15 
minutes. Add 10 ml of concentrated HNO3, bring to a boil, then 
simmer for about 15 minutes. Filter the solution through a glass fiber 
filter. Wash with hot water, and catch the filtrate in a clean 150-ml 
beaker. Boil the filtrate, and evaporate to dryness. Cool, add 5 ml of 
50 percent HNO3, and then warm and stir. Allow to cool. Transfer to 
a 50-ml volumetric flask, dilute to volume with water, and mix well.
    4.3.2  Container Number 4 (Arsenic Impinger Sample).
    Note: Prior to analysis, check the liquid level in Containers Number 
2 and Number 4; confirm as to whether leakage occurred during transport 
on the analysis sheet. If a noticeable amount of leakage occurred, 
either void the sample or take steps, subject to the approval of the 
Administrator, to adjust the final results.
    Transfer the contents of Container Number 4 to a 500-ml volumetric 
flask, and dilute to exactly 500 ml with water. Pipet 50 ml of the 
solution into a 150-ml beaker. Add 10 ml of concentrated HNO3, 
bring to a boil, and evaporate to dryness. Allow to cool, add 5 ml of 50 
percent HNO3, and then warm and stir. Allow the solution to cool, 
transfer to a 50-ml volumetric flask, dilute to volume with water, and 
mix well.
    4.3.3  Container Number 2 (Probe Wash). See note in 4.3.2 above. 
Filter (using a glass fiber filter) the contents of Container Number 2 
into a 200-ml volumetric flask. Combine the filtered material with the 
contents of Container Number 1 (Filter).
    Dilute the filtrate to exactly 200 ml with water. Then pipet 50 ml 
into a 150-ml beaker. Add 10 ml of concentrated HNO3, bring to a 
boil, and evaporate to dryness. Allow to cool, add 5 ml of 50 percent 
HNO3, and then warm and stir. Allow the solution to cool, transfer 
to a 50-ml volumetric flask, dilute to volume with water, and mix well.
    4.3.4  Filter Blank. Determine a filter blank using two filters from 
each lot of filters used in the sampling. Cut each filter into strips, 
and treat each filter individually as directed in Section 4.3.1, 
beginning with the sentence, ``Add 50 ml of 0.1 N NaOH.''
    4.3.5  0.1 N NaOH and Water Blanks. Treat separately 50 ml of 0.1 N 
NaOH and 50 ml water, as directed under Section 4.3.2, beginning with 
the sentence, ``Pipet 50 ml of the solution into a 150-ml beaker.''
    4.4  Spectrophotometer Preparation. Turn on the power; set the 
wavelength, slit width, and lamp current; and adjust the background 
corrector as instructed by the manufacturer's manual for the particular 
atomic absorption spectrophotometer. Adjust the burner and flame 
characteristics as necessary.
    4.5  Analysis.
    4.5.1  Arsenic Determination. Prepare standard solutions as directed 
under Section 5.1, and measure their absorbances against 0.8 N 
HNO3. Then, determine the absorbances of the filter blank and each 
sample using 0.8 N HNO3 as a reference. If the sample concentration 
falls outside the range of the calibration curve, make an appropriate 
dilution with 0.8 N HNO3 so that the final concentration falls 
within the range of the curve. Determine the arsenic concentration in 
the filter blank (i.e., the average of the two blank

[[Page 259]]

values from each lot). Next, using the appropriate standard curve, 
determine the arsenic concentration in each sample fraction.
    4.5.1.1  Arsenic Determination at Low Concentration. The lower limit 
of flame atomic absorption spectrophotometry is 10 g As/ml. If 
the arsenic concentration of any sample is at a lower level, use the 
graphite furnace or vapor generator which is available as an accessory 
component. The analyst also has the option of using either of these 
accessories for samples whose concentrations are between 10 and 30 
g/ml. Follow the manufacturer's instructions in the use of such 
equipment.
    4.5.1.1.1  Vapor Generator Procedure. Place a sample containing 
between 0 and 5 g of arsenic in the reaction tube, and dilute 
to 15 ml with water. Since there is some trial and error involved in 
this procedure, it may be necessary to screen the samples by 
conventional atomic absorption until an approximate concentration is 
determined. After determining the approximate concentration, adjust the 
volume of the sample accordingly. Pipet 15 ml of concentrated HCl into 
each tube. Add 1 ml of 30 percent KI solution. Place the reaction tube 
into a 50 deg.C water bath for 5 minutes. Cool to room temperature. 
Connect the reaction tube to the vapor generator assembly. When the 
instrument response has returned to baseline, inject 5.0 ml of 5 percent 
NaBH4, and integrate the resulting spectrophotometer signal over a 
30-second time period.
    4.5.1.1.2  Graphite Furnace Procedure. Dilute the digested sample so 
that a 5-ml aliquot contains less than 1.5 g of arsenic. Pipet 
5 ml of this digested solution into a 10-ml volumetric flask. Add 1 ml 
of the 1 percent nickel nitrate solution, 0.5 ml of 50 percent 
HNO3, and 1 ml of the 3 percent hydrogen peroxide and dilute to 10 
ml with water. The sample is now ready to inject in the furnace for 
analysis.
    Because instruments from different manufacturers are different, no 
detailed operating instructions will be given here. Instead, the analyst 
should follow the instructions provided with his particular instrument.
    4.5.1.2  Check for Matrix Effects on the Arsenic Results. Same as 
Method 12, Section 5.4.2.
    4.5.2  Container Number 3 (Silica Gel). The tester may conduct this 
step in the field. Weigh the spent silica gel (or silica gel plus 
impinger) to the nearest 0.5 g; record this weight.
    4.6  Audit Analysis. Concurrently, analyze the two unknown audit 
samples with each set of compliance samples to evaluate the techniques 
of the analyst and the standards preparation. (Note: It is recommended 
that known quality control samples be analyzed prior to the compliance 
and audit sample analysis to optimize the system's accuracy and 
precision. One source of these samples is the Source Branch listed in 
Section 3.3.16.) The same analyst, analytical reagents, and analytical 
system shall be used both for each set or sets of compliance samples and 
the EPA audit samples; if this condition is met, audit samples need not 
be included with any additional compliance analyses performed within the 
succeeding 30-day period for the same enforcement agency. An audit 
sample set may not be used to validate different sets of compliance 
samples under the jurisdiction of different enforcement agencies unless 
prior arrangements are made with both enforcement agencies.
    Calculate the concentration in g/m \3\ using the specified sample 
volume in the audit instructions. (Note: The analyst may determine 
immediately whether the audit analyses acceptable by reporting the audit 
results in g/m \3\ and compliance results in g/ml by 
telephone). Include the results of both audit samples, their 
identification numbers, and the analysts' names with the results of the 
compliance determination samples in appropriate reports to the EPA 
regional office or the appropriate enforcement agency. Include this 
information with subsequent compliance analyses for the same enforcement 
agency during the succeeding 30-day period.
5. Calibration

    Maintain a laboratory log of all calibrations.
    5.1  Standard Solutions. For the high level procedure pipet 1, 3, 5, 
8, and 10 ml of the 1.0-mg As/ml stock solution into separate 100-ml 
volumetic flasks, each containing 5 ml of concentrated HNO 3. If 
the low level vapor generator procedure is used, pipet 1, 2, 3, and 5 ml 
of 1.0 g As/ml standard solution into the separate reaction 
tubes. For the low level graphite furnace procedure, pipet 1, 5, 10 and 
15 ml of 1.0 g As/ml standard solution into the separate flasks 
along with 2 ml of the 5 percent nickel nitrate solution and 10 ml of 
the 3 percent hydrogen peroxide solution. Dilute to the mark with water. 
Then treat the standards in the same manner as the samples (Section 
4.5.1).
    Check these absorbances frequently against 0.8 N HNO 3 (reagent 
blank) during the analysis to insure that base-line drift has not 
occurred. Prepare a standard curve of absorbance versus concentration. 
(Note: For instruments equipped with direct concentration readout 
devices, preparation of a standard curve will not be necessary.) In all 
cases, follow calibration and operational procedures in the 
manufacturers' instruction manual.
    5.2 Sampling Train Calibration. Calibrate the sampling train 
components according to the indicated Sections of Method 5: Probe Nozzle 
(Section 5.1), Pitot Tube Assembly (Section 5.2), Metering System 
(Section 5.3), Probe Heater (Section 5.4), Temperature

[[Page 260]]

Gauges (Section 5.5), Leak Check of Metering System (Section 5.6), and 
Barometer (Section 5.7).
6. Calculations
    6.1  Nomenclature--

Bws = Water in the gas stream, proportion by volume.
Ca = Concentration of arsenic as read from the standard curve, 
          g/ml.
Cc = Actual audit concentration, g/m\3\.
Cd = Determined audit concentration, g/m\3\.
Cs = Arsenic concentration in stack gas, dry basis, converted to 
          standard conditions, g/dsm\3\ (g/dscf).
Ea = Arsenic mass emission rate, g/hr.
Fd = Dilution factor (equals 1 if the sample has not been diluted).
I = Percent of isokinetic sampling.
mbi = Total mass of all four impingers and contents before 
          sampling, g.
mfi = Total mass of all four impingers and contents after sampling, 
          g.
mn = Total mass of arsenic collected in a specific part of the 
          sampling train, g.
mt=Total mass of arsenic collected in the sampling train, 
          g.
Tm=Absolute average dry gas meter temperature (see Figure 108-2), 
          deg.K ( deg.R).
Vm=Volume of gas sample as measured by the dry gas meter, dm3 
          (dcf).
Vm(std)=Volume of gas sample as measured by the dry gas meter 
          correlated to standard conditions, sm3 (scf).
Vn=Volume of solution in which the arsenic is contained, ml.
Vw(std)=Volume of water vapor collected in the sampling train, 
          corrected to standard conditions, sm3 (scf).
H=Average pressure differential across the orifice meter (see 
          Figure 108-2), mm H2O (in. H2O).
    6.2  Average dry gas meter temperatures (Tm) and average 
orifice pressure drop (H). See data sheet (Figure 108-2).
    6.3  Dry Gas Volume. Using data from this test, calculate 
Vm(std) by using Eq. 5-1 of Method 5. If necessary, adjust the 
volume for leakages.
    6.4  Volume of Water Vapor.

Vw(std)=K1 (mfi-mbi)        Eq. 108-1


Where:

K1=0.001334 m3/g for metric units.
    =0.047012 ft3/g for English units.
    6.5  Moisture Content.

                                                                        
             Vw(std)                                                    
 Bws=  ------------------                                      Eq. 108-2
         Vm(std)+Vw(std)                                                
                                                                        

    6.6  Amount of arsenic collected.
    6.6.1  Calculate the amount of arsenic collected in each part of 
sampling train, as follows:

mn=CaFdVn        Eq. 108-3

    6.6.2  Calculate the total amount of arsenic collected in the 
sampling train as follows:
mt=mn(filters)+mn(probe)+mn(impingers)

    -mn(filter blank)-mn(NaOH)-mn(H2O)        Eq. 
          108-4

    6.7  Calculate the arsenic concentration in the stack gas (dry 
basis, adjusted to standard conditions) as follows:

Cs=K2(mt/Vm(std))        Eq. 108-5

Where:

K2=10-6g/g
    6.8  Pollutant Mass Rate. Calculate the arsenic mass emission rate 
using the following equation.

Ea=CsQsd        Eq. 108-6

    The volumetric flow rate, Qsd, should be calculated as 
indicated in Method 2.
    6.9  Isokinetic Variation. Using data from this test, calculate I. 
Use Eq. 5-8 of Method 5.
    6.10  Acceptable Results. Same as Method 5, Section 6.12.
    6.11  Relative Error (RE) for QA Audits, Percent.

                                                                        
          Cd-Cc                                                         
  RE=  ----------  x 100                                       Eq. 108-7
           Cc                                                           
                                                                        

7. Bibliography
    1. Same as Citations 1 through 9 of Section 7, of Method 5.
    2. Perkin Elmer Corporation. Analytical Methods for Atomic 
Absorption Spectrophotometry. 303-0152. Norwalk, Connecticut. September 
1976. pp. 5-6.
    3. Standard Specification for Reagent Water. In: Annual Book of 
American Society for Testing and Materials Standards. Part 31: Water, 
Atmospheric Analysis. American Society for Testing and Materials. 
Philadelphia, PA. 1974. pp. 40-42.

   Method 108A--Determination of Arsenic Content in Ore Samples From 
                           Nonferrous Smelters

1. Applicability and Principle

    1.1  Applicability. This method applies to the determination of 
inorganic arsenic (As) content of process ore and reverberatory matte 
samples from nonferrous smelters and other sources as specified in the 
regulations.
    1.2  Principle. Arsenic bound in ore samples is liberated by acid 
digestion and analyzed by atomic absorption spectrophotometry.

2. Apparatus

    2.1  Sample Preparation
    2.1.1  Parr Acid Digestion Bomb. Stainless steel with vapor-tight 
Teflon cup and cover.
    2.1.2  Volumetric Pipets. 2- and 5-ml sizes.

[[Page 261]]

    2.1.3  Volumetric Flask. 50-ml polypropylene with screw caps, (one 
needed per standard).
    2.1.4  Funnel. Polyethylene or polypropylene.
    2.1.5  Oven. Capable of maintaining a temperature of approximately 
105 deg.C.
    2.1.6  Analytical Balance. To measure to within 0.1 mg.
    2.2  Analysis.
    2.2.1  Spectrophotometer and Recorder. Equipped with an 
electrodeless discharge lamp and a background corrector to measure 
absorbance at 193.7 nm. A graphite furnace may be used in place of the 
vapor generator accessory when measuring samples with low As levels. The 
recorder shall match the output of the spectrophotometer.
    2.2.2  Volumetric Flasks. Class A, 50-ml (one needed per sample and 
blank).
    2.2.3  Volumetric Pipets. Class A, 1-, 5-, 10-, and 25-ml sizes.

3. Reagents

    Unless otherwise specified, use ACS reagent grade (or equivalent) 
chemicals throughout.
    3.1  Sample Preparation.
    3.1.1  Water. Deionized distilled to meet American Society for 
Testing and Materials Specification D-1193-74, Type 3 (incorporated by 
reference--See Sec. 60.7). When high concentrations of organic matter 
are not expected to be present, the analyst may omit the Kl1nO4 
test for oxidizable organic matter. Use in all dilutions requiring 
water.
    3.1.2  Nitric Acid (HNO3), Concentrated. HANDLE WITH CAUTION.
    3.1.3  Nitric Acid, 0.5 N. In a 1-liter volumetric flask containing 
water, add 32 ml of concentrated HNO3 and dilute to volume with 
water.
    3.1.4  Hydrofluoric Acid (HF), Concentrated. HANDLE WITH CAUTION.
    3.1.5  Potassium Chloride (KCl) Solution, 10 percent (w/v). Dissolve 
10 g KCl in water, add 3 ml concentrated HNO3, and dilute to 100 
ml.
    3.1.6  Filter. Teflon filters, 3 micron porosity, 47mm size. 
(Available from Millipore Co., type FS, Catalog Number FSLW04700.)
    3.1.7  Sodium Borohydride (NaBH4), 5 Percent (W/V). Dissolve 
5.00 g of NaBH4 in about 500 ml of 0.1 NaOH in a 1-liter volumetric 
flask. Then, dilute to exactly 1.0 liter with 0.1 NaOH.
    3.1.8  Nickel Nitrate, 5 Percent (W/V). Dissolve 24.780 g of nickel 
nitrate hexahydrate in water in a 100-ml volumetric flask and dilute to 
100 ml with water.
    3.1.9  Nickel Nitrate, 1 percent (W/V). Pipet 20 ml of 5 percent 
nickel nitrate solution into a 100-ml volumetric flask and dilute to 100 
ml with water.
    3.2  Analysis.
    3.2.1  Water. Same as in Section 3.1.1.
    3.2.2  Sodium Hydroxide (NaOH), 0.1 N. Dissolve 2.00 g of NaOH in 
water in a 500-ml volumetric flask. Dilute to volume with water.
    3.2.3  Nitric Acid, 0.5 N. Same as in Section 3.1.3.
    3.2.4  Potassium Chloride Solution, 10 percent. Same as in Section 
3.1.5.
    3.2.5  Stock Arsenic Standard, 1 mg As/ml. Dissolve 1.320 g of 
primary grade As2O3 in 20 ml of 0.1 N NaOH. Slowly add 30 ml 
of concentrated HNO3, and heat in an oven at 105 deg.C for 2 hours. 
Allow to cool, and dilute to 1 liter with deionized distilled water.
    3.2.6  Nitrous Oxide. Suitable quality for atomic absorption 
analysis.
    3.2.7  Acetylene. Suitable quality for atomic absorption analysis.
    3.2.8  Quality Assurance Audit Samples. Arsenic samples prepared by 
the Environmental Protection Agency's (EPA) Environmental Systems 
Laboratory, Quality Assurance Division, Source Branch, Mail Drop 77A, 
Research Triangle Park, North Carolina 27711. Each set will consist of 
two vials of unknown concentrations. Only when making compliance 
determinations, obtain an audit sample set from the Quality Assurance 
Management Office at each EPA regional office or the responsible 
enforcement office. (NOTE: The tester should notify the Quality 
Assurance Office or the responsible enforcement agency at least 30 days 
prior to the test date to allow sufficient time for delivery.)

4. Procedure

    4.1  Sample Collection. A sample that is representative of the ore 
lot to be tested must be taken prior to analysis. The sample must be 
ground into a finely pulverized state. (A portion of the samples 
routinely collected for metals analysis may be used provided the sample 
is representative of the ore being tested.)
    4.2  Sample Preparation. Weigh 50 to 500 mg of finely pulverized 
sample to the nearest 0.1 mg. Transfer the sample into the Teflon cup of 
the digestion bomb, and add 2 ml each of concentrated HNO3 and HF. 
Seal the bomb immediately to prevent the loss of any volatile arsenic 
compounds that may form. Heat in an oven 105 deg. C for 2 hours. Then 
remove the bomb from the oven and allow it to cool. Using a Teflon 
filter, quantitatively filter the digested sample into a 50-ml 
polypropylene volumetric flask. Rinse the bomb three times with small 
portions of 0.5 N HNO3, and filter the rinses into the flask. Add 5 
ml of KCl solution to the flask, and dilute to 50 ml with 0.5 N 
HNO3.
    4.3  Spectrophotometer Preparation. Turn on the power; set the 
wavelength, slit width, and lamp current; and adjust the background 
corrector as instructed by the manufacturer's manual for the particular 
atomic absorption spectrophotometer. Adjust the burner and flame 
characteristics as necessary.

[[Page 262]]

    4.4  Preparation of Standard Solutions. Pipet 1, 5, 10, and 25 ml of 
the stock As solution into separate 100-ml volumetric flasks. Add 10 ml 
KCl solution and dilute to the mark with 0.5 N HNO3. This will give 
standard concentrations of 10, 50, 100, and 250 g As/ml. For 
low-level-arsenic samples that require the use of a graphite furnace or 
vapor generator, follow the procedures in Section 4.4.1.
    Dilute 10 ml of KCl solution to 100 ml with 0.5 N HNO3 and use 
as a reagent blank. Measure the standard absorbances against the reagent 
blank. Check these absorbances frequently against the blank during the 
analysis to assure that baseline drift has not occurred.
    Prepare a standard curve of absorbance versus concentration. (Note: 
For instruments equipped with direct concentration readout devices, 
preparation of a standard curve will not be necessary.) In all cases 
follow calibration and operational procedures in the manufacturer's 
instruction manual. Maintain a laboratory log of all calibrations.
    4.4.1  Arsenic Determination at Low Concentration. The lower limit 
of flame atomic absorption spectrophotometry is 10 g As/ml. If 
the arsenic concentration of any sample is at a lower level, use the 
vapor generator or graphite furnace which is available as an accessory 
component. Follow the manufacturer's instructions in the use of such 
equipment.
    4.4.1.1  Vapor Generator Procedure. Place a sample containing 
between 0 and 5 g of arsenic in the reaction tube, and dilute 
to 15 ml with water. Since there is some trial and error involved in 
this procedure, it may be necessary to screen the samples by 
conventional atomic absorption until an approximate concentration is 
determined. After determining the approximate concentration, adjust the 
volume of the sample accordingly. Pipet 15 ml of concentrated HCl into 
each tube. Add 1 ml of 30 percent KI solution. Place the reaction tube 
into a 50 deg. C water bath for 5 minutes. Cool to room temperature. 
Connect the reaction tube to the vapor generator assembly. When the 
instrument response has returned to baseline, inject 5.0 ml of 5 percent 
NaBH4 and integrate the resulting spectrophotometer signal over a 
30-second time period.
    4.4.1.2  Graphite Furnace Procedure. Pipet 5 ml of this digested 
solution into a 10-ml volumetric flask. Add 1 ml of the 1 percent nickel 
nitrate solution, 0.5 ml of 50 percent HNO3, and 1 ml of the 3 
percent hydrogen peroxide and dilute to 10 ml with water. The sample is 
now ready to inject in the furnace for analysis.
    Because instruments from different manufacturers are different, no 
detailed operating instructions are given here. Instead, the analyst 
should follow the instructions provided with the particular instrument.
    4.5  Analysis.
    4.5.1  Arsenic Determination. Determine the absorbance of each 
sample using the blank as a reference. If the sample concentration falls 
outside the range of the calibration curve, make an appropriate dilution 
with 0.5 N HNO3 so that the final concentration falls within the 
range of the curve. From the curve, determine the As concentration in 
each sample.
    4.5.2  Mandatory Check for Matrix Effects on the Arsenic Results. 
Same as in Method 12, Section 5.4.2.
    4.5.3  Audit analysis. With each set or sets of source compliance 
samples, analyze the two unknown audit samples in the same manner as the 
source samples to evaluate the techniques of the analyst and the 
standards preparation. The same analyst, analytical reagents, and 
analytical system shall be used both for each set or sets of compliance 
samples and the EPA audit samples; if this condition is met, it is not 
necessary to analyze additional audit samples for subsequent compliance 
analyses performed for the same enforcement agency within a 30-day 
period. An audit sample set may not be used to validate different sets 
of compliance samples under the jurisdiction of different enforcement 
agencies unless prior arrangements are made with both enforcement 
agencies.
    Calculate the concentration in g/m\3\ using the specified sample 
volume in the audit instructions. (Note: The acceptability of the 
analyses of the audit samples may be obtained immediately by reporting 
the audit and compliance results by telephone). Include the results of 
both audit samples, their identification numbers, and the analysts' 
names with the results of the compliance determination samples in 
appropriate reports to the EPA regional office or the appropriate 
enforcement agency. Include this information with subsequent compliance 
analyses for the same enforcement agency during the succeeding 30-day 
period.

5. Calculations

    5.1 Calculate the percent arsenic in the ore sample as follows:

                                                                        
            5 Ca Fd                                                     
  % AS =  -----------                                       Eq. 108A-1  
               W                                                        
                                                                        

---------------------------------------------------------------------------
Where:

Ca=Concentration of As as read from the standard curve, g/
          ml.
Fd=Dilution factor (equals 1 if the sample has not been diluted).
W=Weight of ore sample analyzed, mg.
5=(50 ml sample x 100)/(103 g/mg).

6. Bibliography

    1. Same as Citations 1 through 9 of Section 7, of Method 5.

[[Page 263]]

    2. Perkin Elmer Corporation. Analytical methods of Atomic Absorption 
Spectrophotometry. 303-0152. Norwalk, Connecticut. September 1976. pp 5-
6.
    3. Ringwald, D. (TRW). Arsenic Determination on Process Materials 
from ASARCO's Copper Smelter in Tacoma, Washington. Unpublished Report. 
Prepared for Emission Measurement Branch, Emission Standards and 
Engineering Division, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711. August 1980. 35 p.

   Method 108B--Determination of Arsenic Content in Ore Samples from 
                           Nonferrous Smelters

1. Applicability and Principle

    1.1 Applicability. This method applies to the determination of 
inorganic arsenic (As) content of process ore and reverberatory matte 
samples from nonferrous smelters and other sources as specified in the 
regulations. Samples resulting in an analytical concentration greater 
than 10 g As/ml may be analyzed by this method.
    1.2 Principle. Arsenic bound in ore samples is liberated by acid 
digestion and analyzed by flame atomic absorption spectrophotometry.

2. Apparatus

    2.1  Sample Preparation.
    2.2.1  Teflon Beakers. 150-ml.
    2.1.2  Graduated Pipets. 5-ml disposable.
    2.1.3  Graduated Cylinder. 50-ml.
    2.1.4  Volumetric Flask. 100-ml.
    2.1.5  Analytical Balance. To measure within 0.1 mg.
    2.1.6  Hot Plate.
    2.1.7  Perchloric Acid Fume Hood.
    2.2  Analysis.
    2.2.1  Spectrophotometer. Equipped with an electrodeless discharge 
lamp and a background corrector to measure absorbance at 193.7 mm.
    2.2.2  Beaker and Watch Glass. 400-ml.
    2.2.3  Volumetric Flask. 1-liter.
    2.2.4  Volumetric Pipets. 1-, 5-, 10-, and 25-ml.

3. Reagents

    Unless otherwise specified, use American Chemical Society (ACS) 
reagent grade (or equivalent) chemicals throughout.
    3.1  Sample Preparation.
    3.1.1  Water. Deionized distilled to meet American Society for 
Testing and Materials Specification D 1193-74, Type 3 (incorporated by 
reference--see Sec. 61.18).
    3.1.2  Nitric Acid (HNO3), Concentrated. HANDLE WITH CAUTION.
    3.1.3  Hydrofluoric Acid (HF), Concentrated. HANDLE WITH CAUTION.
    3.1.4  Perchloric Acid (HClO4), 70 Percent. HANDLE WITH 
CAUTION.

    Note: Because of its caustic, hygroscopic, and deflagrating nature, 
use extreme care in handling HClO4. Keep separate from water and 
oxidizable materials to prevent vigorous evolution of heat, spontaneous 
combustion, or explosion. Heat solutions containing HClO4 only in 
hoods specifically designed for HClO4.

    3.1.5  Hydrochloric Acid (HCl), Concentrated. HANDLE WITH CAUTION.
    3.2  Analysis.
    3.2.1  Water. Same as in Section 3.1.1.
    3.2.2  Stock Arsenic Standard, 1.0 mg As/ml. Dissolve 1.3203 g of 
primary grade As2O3 (dried at 105 deg.C) in a 400-ml beaker 
with 10 ml of HNO3 and 5 ml HCl. Cover with a watch glass and heat 
gently until dissolution is complete. Add 10 ml of HNO3 and 25 ml 
of HClO4, evaporate to strong fumes of HClO4 and reduce to 
about 20 ml volume. Cool, add 100 ml of water and 100 ml of HCl, and 
transfer quantitatively to a 1-liter volumetric flask. Dilute to volume 
with water and mix.
    3.2.3  Acetylene. Suitable quality for atomic absorption analysis.
    3.2.4  Air. Suitable quality for atomic absorption analysis.
    3.2.5  Quality Assurance Audit Samples. Same as in Method 108A, 
Section 3.2.8.

4. Procedure

    4.1  Sample Collection. Same as in Method 108A, Section 4.1.
    4.2  Sample Preparation. Weigh 100 to 1000 mg of finely pulverized 
sample to the nearest 0.1 mg. Transfer the sample to a 150-ml Teflon 
beaker. Dissolve the sample by adding 15 ml of HNO3, 10 ml of HCl, 
10 ml of HF, and 10 ml of HClO4 in the exact order as described, 
and let stand for 10 minutes. In a HClO4 fume hood, heat on a hot 
plate until 2-3 ml of HClO4 remain, then cool. Add 20 ml of water 
and 10 ml of HCl. Cover and warm until the soluble salts are in 
solution. Cool, and transfer quantitatively to 100-ml volumetric flask. 
Dilute to the mark with water.
    4.3  Spectrophotometer Preparation. Same as in Method 108A, Section 
4.3.
    4.4  Preparation of Standard Solutions.
    4.4.1  Pipet 1, 5, 10, and 25 ml of the stock As solution into 
separate 100-ml flasks. Add 2 ml of HClO4, 10 ml of HCl, and dilute 
to the mark with water. This will provide standard concentrations of 10, 
50, 100, and 250 g As/ml. For lower level arsenic samples, use 
Method 108C.
    4.4.2  Measure the standard absorbances against the reagent blank. 
Check these absorbances frequently against the blank during the analysis 
to ensure that baseline drift has not occurred.
    4.4.3  Prepare a standard curve of absorbance versus concentration.

    Note.--For instruments equipped with direct concentration readout 
devices, preparation of a standard curve will not be necessary. In all 
cases, follow calibration and

[[Page 264]]

operational procedures in the manufacturer's instruction manual. 
Maintain a laboratory log of all calibrations.

    4.5  Analysis.
    4.5.1  Arsenic Determination. Determine the absorbance of each 
sample using the blank as a reference. If the sample concentration falls 
outside the range of the calibration curve, make an appropriate dilution 
with 2 percent HClO4/10 percent HCl (prepared by diluting 2 ml 
concentrated HClO4 and 10 ml concentrated HCl to 100 ml with water) 
so that the final concentration falls within the range of the curve. 
From the curve, determine the As concentration in each sample.
    4.5.2  Mandatory Check for Matrix Effects on the Arsenic Results. 
Same as in Method 12, Section 5.4.2, 40 CFR part 60.
    4.5.3  Audit Analysis. Same as in Method 108A, Section 4.5.3.

5. Calculations

    Same as in Method 108A, Section 5.

6. Bibliography

    Same as in Method 108A, Section 6.

   Method 108C--Determination of Arsenic Content in Ore Samples from 
                           Nonferrous Smelters

1. Applicability and Principle

    1.1  Applicability. This method applies to the determination of 
inorganic arsenic (As) content of process ore and reverberatory matte 
samples from nonferrous smelters and other sources as specified in the 
regulations. This method is applicable to samples having an analytical 
concentration less than 10 g As/ml.
    1.2  Principle. Arsenic bound in ore samples is liberated by acid 
digestion and analyzed by the molybdenum blue photometric procedure.

2. Apparatus

    2.1  Sample Preparation and Distillation.
    2.1.1  Analytical Balance. To measure to within 0.1 mg.
    2.1.2  Erlenmeyer Flask. 300-ml.
    2.1.3  Hot Plate.
    2.1.4  Distillation Apparatus. No. 6, American Society for Testing 
and Materials (ASTM) E50, reapproved 1986 (incorporated by reference--
see Sec. 60.18); detailed in Figure 108C-1.
    2.1.5  Graduated Cylinder. .50-ml.
    2.1.6  Perchloric Acid Fume Hood.
    2.2  Analysis.
    2.2.1  Photometer. Capable of measuring at 660 nm.
    2.2.2  Volumetric Flasks. 50- and 100-ml.

3. Reagents

    Unless otherwise specified, use ACS reagent grade (or equivalent 
chemicals) throughout.

[[Page 265]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.033



[[Page 266]]

    3.1  Sample Preparation.
    3.1.1  Water. Deionized distilled to meet ASTM Specification D 1193-
74, Type 3 (incorporated by reference--see Sec. 61.18). When high 
concentrations of organic matter are not expected to be present, the 
analyst may omit the KMnO4 test for oxidizable organic matter.
    3.1.2  Nitric Acid (HNO3), Concentrated. HANDLE WITH CAUTION.
    3.1.3  Hydrofluoric Acid (HF), Concentrated. HANDLE WITH CAUTION.
    3.1.4  Sulfuric Acid (H2SO4), Concentrated. HANDLE WITH 
CAUTION.
    3.1.5  Perchloric Acid (HClO4), 70 Percent. HANDLE WITH 
CAUTION.

    Note.--Because of its caustic, hygroscopic, and deflagrating nature, 
use extreme care in handling HClO4. Keep separate from water and 
oxidizable materials to prevent vigorous evolution of heat, spontaneous 
combustion, or explosion. Heat solutions containing HClO4 only in 
hoods specifically designed for HClO4.

    3.1.6  Hydrochloric Acid (HCl), Concentrated. HANDLE WITH CAUTION.
    3.1.7  Dilute Hydrochloric Acid. Add one part concentration HCl to 
nine parts water.
    3.1.8  Hydrazine Sulfate [(NH2)2.H2SO4].
    3.1.9  Potassium Bromide (KBr).
    3.1.10  Bromine Water, Saturated.
    3.2  Analysis.
    3.2.1  Water. Same as in Section 3.1.1.
    3.2.2  Methyl Orange Solution, 1 g/liter.
    3.2.3  Ammonium Molybdate Solution, 5 g/liter. Dissolve 0.5 g 
(NH4)MO7O24.4H2O in water in a 100-ml volumetric 
flask, and dilute to the mark. This solution shall be freshly prepared.
    3.2.4  Standard Arsenic Solution, 10 g As/ml. Dissolve 
0.1320 g of As2O3 in 100 Ml HCl In a 1-liter volumetric flask. 
Add 200 ml of water, cool, dilute to the mark with water, and mix. 
Transfer 100 ml of this solution to a 1-liter volumetric flask, add 40 
ml HCl, cool, dilute to the mark, and mix.
    3.2.5  Hydrazine Sulfate Solution, 1 g/liter. Dissolve 0.1 g of 
(NH2)2.H2SO4 in water, and dilute to 100 ml in a 
volumetric flask. This solution shall be freshly prepared.
    3.2.6  Potassium Bromate (KBrO3) Solution, 0.03 Percent. 
Dissolve 0.3 g KBrO3 in water, and dilute to 1 liter with water.
    3.2.7  Ammonium Hydroxide (NH4OH), Concentrated.
    3.2.8  Boiling Granules.
    3.2.9  1/1 HCl/Water. Dilute equal parts concentrated HCl with 
water.
    3.2.10  Quality Assurance Audit Samples. Same as in Method 108A, 
Section 3.2.8.

4. Procedure

    4.1  Sample Preparation and Distillation.
    4.1.1  Weigh 1.0 g of finely pulverized sample to the nearest 0.1 
mg. Transfer the sample to a 300-ml Erlenmeyer flask and add 15 ml of 
HNO3, 4 ml HCl, 2 ml HF, 3 ml HClO4, and 15 ml 
H2SO4. In a HClO4 fume hood, heat on a hot plate to 
decompose the sample. Then heat while swirling over an open flame until 
dense, white fumes evolve. Cool, add 15 ml of water, swirl to hydrate 
the H2SO4 completely, and add several boiling granules. Cool 
to room temperature.
    4.1.2  Add 1 g of KBr, 1 g hydrazine sulfate, and 50 ml HCl. 
Immediately attach the distillation head with thermometer and dip the 
side arm into a 50-ml graduated cylinder containing 25 ml of water and 2 
ml of bromine water. Keep the graduated cylinder immersed in a beaker of 
cold water during distillation. Distill until the temperature of the 
vapor in the flask reaches 107 deg.C. When distillation is complete, 
remove the flask from the hot plate, and simultaneously wash down the 
side arm with water as it is removed from the cylinder.
    4.1.3  If the expected arsenic content is in the range of 0.0020 to 
0.10 percent, dilute the distillate to the 50-ml mark of the cylinder 
with water, stopper, and mix. Transfer a 5.0-ml aliquot to a 50-ml 
volumetric flask. Add 10 ml of water and a boiling granule. Place the 
flask on a hot plate, and heat gently until the bromine is expelled and 
the color of methyl orange indicator persists upon the addition of 1-2 
drops. Cool the flask to room temperature. Neutralize just to the yellow 
color of the indicator with dropwise additions of NH4OH. Bring back 
to the red color by dropwise addition of dilute HCl, and add 10 ml 
excess. Proceed with the molybdenum blue color development as described 
in section 4.2.
    4.1.4  If the expected arsenic content is in the range of 0.0002 to 
0.0010 percent As, transfer either the entire initial distillate or the 
measured remaining distillate from above to a 250-ml beaker. Wash the 
cylinder with two successive portions of concentrated HNO3, adding 
each portion to the distillate in the beaker. Add 4 ml of concentrated 
HClO4, a boiling granule, and cover with a flat watch glass placed 
slightly to one side. Boil gently on a hot plate until the volume is 
reduced to approximately 10 ml. Add 3 ml of HNO3, and continue the 
evaporation until HClO4 is refluxing on the beaker cover. Cool 
briefly, rinse the underside of the watch glass and the inside of the 
beaker with about 3-5 ml of water, cover, and continue the evaporation 
to expel all but 2 ml of the HClO4. NOTE: If the solution appears 
cloudy due to a small amount of antimony distilling over, add 4 ml of 1/
1 HCl/water and 5 ml of water, cover, and warm gently until clear. If 
cloudiness persists, add 5 ml of HNO3 and 2 ml H2SO4. 
Continue the evaporation of the volatile acids to solubilize the 
antimony until dense white fumes of H2SO4 appear. Retain at 
least 1 ml of the H2SO4. To the 2 ml of HClO4 solution or 
1 ml of the H2SO4 solution, add 15 ml of water, boil gently 
for 2 minutes, and then cool. Proceed with the molybdenum blue

[[Page 267]]

color development by neutralizing the solution directly in the beaker 
just to the yellow indicator color by dropwise addition of NH4OH. 
Just bring back the red color by dropwise addition of dilute HCl. 
Transfer the solution to a 50-ml volumetric flask, and rinse the beaker 
successively with 10 ml of dilute HCl, followed by several small 
portions of water. At this point the volume of solution in the flask 
should be no more than 40 ml. Continue with the color development as 
described in section 4.2.
    4.2  Analysis.
    4.2.1  Add 1 ml of KBrO3 solution to the flask and heat on a 
low-temperature hot plate to about 50 deg.C to oxidize the arsenic and 
methyl orange. Add 5.0 ml of ammonium molybdate solution to the warm 
solution and mix. Add 2.0 ml of hydrazine sulfate solution, dilute until 
the solution comes within the neck of the flask, and mix. Place in a 
400-ml beaker, 80 percent full of boiling water, for 10 minutes. Enough 
heat must be supplied to prevent the water bath from cooling much below 
the boiling point upon inserting the volumetric flask. Remove the flask, 
cool to room temperature, dilute to the mark, and mix.
    4.2.2  Transfer a suitable portion of the reference solution to an 
absorption cell, and adjust the photometer to the initial setting, using 
a light band centered at 660 nm. While maintaining this photometer 
adjustment, take the photometric readings of the calibration solutions 
followed by the samples.
    4.3  Preparation of the Calibration Curve. Transfer 1.0, 2.0, 4.0, 
8.0, 12.0, 16.0, and 20.0 ml of standard arsenic solution (10 
g/ml) to each of the seven 50-ml volumetric flasks. Dilute to 
20 ml with dilute HCl. Add one drop of methyl orange solution and 
neutralize to the yellow color with dropwise addition of NH4OH. 
Just bring back to the red color by dropwise addition of dilute HCl, and 
add 10 ml in excess. Proceed with the color development as described in 
section 4.2. Plot the photometric readings of the calibration solutions 
against g As per 50 ml of solution. From the curve, determine 
the As concentration in each sample.
    4.4  Audit Analysis. Same as in Method 108A, section 4.5.3.

5. Calculations

    Same as in Method 108A, section 5.

6. Bibliography

    Ringwald, D. (TRW). Arsenic Determination on Process Materials from 
ASARCO's Copper Smelter in Tacoma, Washington. Unpublished Report. 
Prepared for the Emission Measurement Branch, Technical Support 
Division, U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711. August 1980. 35 p.

  Method 111--Determination of Polonium-210 Emissions From Stationary 
                                 Sources

    Performance of this method should not be attempted by persons 
unfamiliar with the use of equipment for measuring radioactive 
disintegration rates.

1.0  Applicability and Principle

    1.1  Applicability. This method is applicable to the determination 
of polonium-210 emissions in particulate samples collected in stack 
gases. Samples should be analyzed within 30 days of collection to 
minimize error due to growth of polonium-210 from any lead-210 present 
in the sample.
    1.2  Principle A particulate sample is collected from stack gases as 
described in Method 5 of appendix A to 40 CFR part 60. The polonium-210 
in the sample is put in solution, deposited on a metal disc, and the 
radioactive disintegration rate measured. Polonium in acid solution 
spontaneously deposits on surfaces of metals that are more 
electropositive than polonium. This principle is routinely used in the 
radiochemical analysis of polonium-210.

2.0  Apparatus

    2.1  Alpha spectrometry system consisting of a multichannel 
analyzer, biasing electronics, silicon surface barrier detector, vacuum 
pump and chamber.
    2.2  Constant temperature bath at 85  deg.C.
    2.3  Polished silver discs, 3.8 cm diameter, 0.4 mm thick with a 
small hole near the edge.
    2.4  Glass beakers, 400 ml, 150 ml.
    2.5  Hot plate, electric.
    2.6  Fume hood.
    2.7  Telfon1 beakers, 150 ml.
    2.8  Magnetic stirrer.
    2.9  Stirring bar.
    2.10  Plastic or glass hooks to suspend plating discs.
    2.11  Internal proportional counter for measuring alpha particles.
    2.12  Nucleopore1 filter membranes, 25 mm diameter, 0.2 
micrometer pore size or equivalent.
    2.13  Planchets, stainless steel, 32 mm diameter with 1.5 mm lip.
    2.14  Transparent plastic tape, 2.5 cm wide with adhesive on both 
sides.
    2.15  Epoxy spray enamel.
    2.16  Suction filter apparatus for 25 mm diameter filter.
    2.17  Wash bottles, 250 ml capacity.
    2.18  Plastic graduated cylinder, 25 ml capacity.

3.0  Reagents

    3.1  Ascorbic acid, Reagent grade.
    3.2  Ammonium hydroxide (NH4OH) 15 M, Reagent grade.
    3.3  Distilled water meeting ASTM specifications for Type 3 Reagent 
Water. ASTM Test Method D 1193-77 (incorporated by reference-Section 
61.18).

[[Page 268]]

    3.4  Ethanol (C2H5OH), 95 percent, Reagent grade.
    3.5  Hydrochloric acid (HCl), 12 M, Reagent grade.
    3.6  Hydrochloric acid, 1 M, dilute 83 ml of the 12 M Reagent grade 
HCl to 1 liter with distilled water.
---------------------------------------------------------------------------

    \1\ Mention of registered trade names or specific products does not 
constitute endorsement by the Environmental Protection Agency.
---------------------------------------------------------------------------

    3.7  Hydrofluoric acid (HF), 29 M, Reagent grade.
    3.8  Hydrofluoric acid, 3 M, dilute 52 ml of the 29 M Reagent grade 
HF to 500 ml with distilled water. Use a plastic graduated cylinder and 
storage bottle.
    3.9  Lanthanum carrier, 0.1 mg La+3/ml. Dissolve 0.078 gram 
Reagent grade lanthanum nitrate, La(NO3)3bullet6H2O 
in 250 ml of 1 M HCl.
    3.10  Nitric acid (HNO3), 16 M, Reagent grade.
    3.11  Perchloric acid (HClO4), 12 M, Reagent grade.
    3.12  Polonium-209 solution.
    3.13  Commercial silver cleaner.
    3.14  Degreaser.
    3.15  Standard solution of plutonium or americium.
    3.16  Volumetric flask, 100 ml, 250 ml.

4.0  Procedure

    4.1  Sample Preparation.
    The glass fiber filter and acetone rinse from Method 5 of appendix A 
to 40 CFR part 60 are combined and dissolved as described below.
    4.1.1  Add polonium-209 tracer to the acetone rinse in the glass 
beaker from Method 5 in an amount approximately equal to the amount of 
polonium-210 expected in the total particulate sample. Add 16 M nitric 
acid to the beaker to digest and loosen the residue.
    4.1.2  Transfer the residue from the glass beaker to a teflon beaker 
containing the glass fiber filter. Rinse the glass beaker with 16 M 
nitric acid. If necessary reduce the volume in the beaker by evaporation 
until all of the nitric acid from the glass beaker has been transferred 
to the teflon beaker.
    4.1.3  Add 30 ml of 29 M hydrofluoric acid to the teflon beaker and 
evaporate to near dryness on a hot plate in a properly operating hood. 
Caution: Do not allow the residue to go to dryness and overheat; this 
will result in loss of polonium.
    4.1.4  Repeat step 4.1.3 until filter is dissolved.
    4.1.5  Add 100 ml of 16 M nitric acid to the residue in the teflon 
beaker and evaporate to near dryness. Caution: Do not allow the residue 
to go to dryness.
    4.1.6  Add 50 ml of 16 M nitric acid and 10 ml of 12 M perchloric 
acid to the teflon beaker and heat until dense fumes of perchloric acid 
are evolved.
    4.1.7  Repeat steps 4.1.3 to 4.1.6 as necessary until sample is 
completely dissolved.
    4.1.8  Add 10 ml of 12 M hydrochloric acid and evaporate to dryness. 
Repeat additions and evaporations several times.
    4.1.9  Transfer the sample to a 250 ml volumetric flask and dilute 
to volume with 3 M hydrochloric acid.

    4.2  Sample Screening.
    The samples are checked for radioactivity levels to avoid 
contaminaton of the alpha spectrometry system. Use the following 
screening method:
    4.2.1  Twenty ml of 1 M HCl are added to a 150 ml beaker.
    4.2.2  One ml of the lanthanum carrier solution, 0.1 mg lanthanum 
per ml, is added to beaker.
    4.2.3  A 1 ml aliquot of solution from Section 4.1.7 is added to the 
beaker.
    4.2.4  Three ml of 15 M ammonium hydroxide are added to the beaker.
    4.2.5  The solution from Section 4.2.4 is allowed to stand for a 
minimum of 30 minutes.
    4.2.6  The solution is filtered through a filter membrane using 
suction.
    4.2.7  The membrane is washed with 10 ml of distilled water and 5 ml 
of ethanol.
    4.2.8  The membrane is allowed to air dry and then mounted, 
filtration side up, on a planchet lined with double-side plastic tape.
    4.2.9  The membrane is radioassayed using an internal proportional 
alpha counter.
    4.2.10  The activity of the original solution from Section 4.1.7 is 
calculated using Eq. 111-1.

                                                                                                                
                                                     250 CS-CB                                                  
                                              P= ----------------                                    Eq. 111-1  
                                                   2.22 EI AL T                                                 
                                                                                                                

where:

P=total activity of original solution from Section 4.1.7, in pCi.
CS=total counts of screening sample.
CB=total counts of procedure background. (See 4.6).
EI=counting efficiency as determined in Section 8.0, counts per 
          minute per disintegration per minute.
2.22=disintegrations per minute per picocurie.
AL=aliquot used in Section 4.2.3 in ml if different from 1 ml.
T=counting time in minutes for sample and background (which must be 
          equal).
250=volume of solution from Section 4.1.7 in ml.

    4.2.11  Determine the aliquot volume of solution from Section 4.1.7 
to be analyzed for polonium-210 using results of the calculation 
described in Section 4.2.10. The aliquot used should contain an activity 
between 1 and 4 picocuries.

[[Page 269]]



                                                                        
                             250 (desired picocuries in aliquot)        
        AS=         ----------------------------------------------------
                                              P                         
  .................                                                     

                                                               Eq. 111-2
AS=aliquot to be analyzed in ml.
P=total activity, as calculated with Eq. 111-1.

    4.3  Preparation of Silver Disc for Spontaneous Electrodeposition.
    4.3.1  Clean both sides of disc with a mild abrasive commercial 
silver cleaner.
    4.3.2  Clean both sides of disc with degreaser.
    4.3.3  Place disc on absorbent paper and spray one side with epoxy 
spray enamel. This should be carried out in a well-ventilated area, with 
the disc lying flat to keep paint on one side only.
    4.3.4  Allow paint to dry for 24 hours before using disc for 
deposition.
    4.4  Sample Analysis.
    4.4.1  Add the aliquot of solution from Section 4.1.7 to be analyzed 
as determined in Section 4.2.11 to a suitable 200 ml container to be 
placed in a constant temperature bath. Note, aliquot volume may require 
a larger container.
    4.4.2  If necessary, bring the volume to 100 ml with 1 M HCl. If the 
aliquot volume exceeds 100 ml, use total aliquot.
    4.4.3  Add 200 mg of ascorbic acid and heat solution to 85  deg.C in 
a constant temperature bath.
    4.4.4  Stirring of the solution must be maintained while the 
solution is in the constant temperature bath for plating.
    4.4.5  Suspend a silver disc in the heated solution using a glass or 
plastic rod with a hook inserted through the hole in the disc. The disc 
should be totally immersed in the solution at all times.
    4.4.6  Maintain the disc in solution for 3 hours while stirring.
    4.4.7  Remove the silver disc, rinse with distilled water and allow 
to air dry at room temperature.
    4.5  Measurement of Polonium-210
    4.5.1  Place the silver disc, with deposition side (unpainted side) 
up, on a planchet and secure with double-side plastic tape.
    4.5.2  Place the planchet with disc in alpha spectrometry system and 
count for 1000 minutes.
    4.6  Determination of Procedure Background.
    Background counts used in all equations are determined by performing 
the specific analysis required using the analytical reagents only. This 
should be repeated every 10 analyses.
    4.7  Determination of Instrument Background.
    Instrument backgrounds of the internal proportional counter and 
alpha spectrometry system should be determined on a weekly basis. 
Instrument background should not exceed procedure background. If this 
occurs, it may be due to a malfunction or contamination.

5.0  Calculation of Polonium-210 Activity

    5.1  Calculate the activity of polonium-210 on a sample filter using 
Eq. 111-3

                                                                                                                
                                                      CT-CB L                                                   
                                             A= -------------------                                  Eq. 111-3  
                                                   2.22 EY EC T D                                               
                                                                                                                

where:

A=picocuries of polonium-210 in the particulate sample.
CT=total counts in polonium-210 spectral region.
CB=procedure background counts in polonium-210 spectral region.
L=dilution factor. This is the volume in ml of solution in Section 4.1.7 
          (250 ml) divided by volume in ml used in Section 4.4.1.
2.22=disintegrations per minute per picocurie.
EY=fraction of polonium recovered on the planchet. Given by:

                                                                        
                                            BT-BB                       
                                 EY=  -----------------                 
                                         2.22 F EC T                    
                                                                        

where:

BT=polonium-209 tracer counts in sample.
BB=procedure background counts measured in polonium-209 spectral 
          region.
F=activity in picocuries of polonium-209 added to sample--from Eq. 111-
          7.
2.22=disintegrations per minute per picocurie.
EC=counting efficiency of detector used, given by Eq. 111-6, as 
          counts per minute per disintegration per minute.
T=counting time, specified in Sections 4.5.2 and 7.11 as 1000.minutes 
          for all alpha spectrometry sample and background counts.
D=decay correction for time ``t'' (in days) from sample collection to 
          sample counting, given by: D=e-0.005t

    5.2  Procedure for Calculating Emission Rate in Curies per Metric 
Ton of Phosphate Rock Processed. Calculate the polonium-210 emission per 
metric ton of rock processed from each run at each stack using Equation 
111-4. The emission rate from each stack is determined by averaging the 
emission rates calculated for each of the three runs at each stack.

                                                                                                                
                                                   1 x 10-12 A QSD                                              
                                            RS=  -------------------                                 Eq. 111-4  
                                                        VSD MH                                                  
                                                                                                                

Where:


[[Page 270]]


RS=emission rate from stack, in curies of polonium-210 per metric 
          ton of rock processed.
A=picocuries of polonium-210 in the particulate sample as determined by 
          A in Eq. 111-3.
QSD=volumetric flow rate of effluent stream in dry standard 
          m3/hr as determined by Method 2 of appendix A to 40 CFR 
          part 60.
VSD=total volume of air sample in dry standard m3 as 
          determined by Method 5 of appendix A to 40 CFR part 60.
MH=rock processing rate during sampling in metric tons/hr.

1 x 10-12=curies per picocurie.

    5.3  Average Stack Emission Rate Calculation. Determine the average 
stack emission rate from the average of the three emission rates 
calculated in section 5.2. Perform these calculations for each stack of 
each calciner.
    5.4  Calciner Emission Rate Calculation. Determine each calciner's 
emission rate (XI) by taking the sum of the emission rates from all 
stacks of each calciner.
    5.5  Annual Polonium-210 Emission Calculation. Determine the annual 
elemental phosphorus plant emissions of polonium-210 by taking the sum 
of emission rates at each calciner (XI in 5.4) and multiplying this 
sum by the annual metric tons of phosphate rock processed by that 
calciner, according to Eq. 111-5.

        S=X1 M1+X2 M2+ . . . +XN MN

                                                               Eq. 111-5
Where:

S=annual polonium-210 emissions in curies from the elemental phosphorus 
          plant.
X1=emission rate from a calciner (I) in curies per metric ton, as 
          determined in section 5.4.
N=number of calciners at the elemental phosphorus plant.
M1=phosphate rock processed per year, in metric tons for each 
          calciner.

6.0  Standardization of Alpha Spectrometry System

    6.1  Obtain a standardized solution of an alpha-emitting actinide 
element such as plutonium-239 or americium-241. Add a quantity of the 
standardized solution to a 100 ml volumetric flask so that the final 
concentration when diluted to a volume of 100 ml will be approximately 1 
pCi/ml. Add 10 ml of 16 M HNO3 and dilute to 100 ml with distilled 
water.
    6.2  Add 20 ml of 1 M HC1 to each of six 150 ml beakers.
    6.3  Add 1.0 ml of lanthanum carrier, 0.1 mg lanthanum per ml, to 
the acid solution in each beaker.
    6.4  Add 1.0 ml of actinide solution from section 6.1 to each 
beaker.
    6.5  Add 5.0 ml of 3 M HF to each beaker.
    6.6  Cover beakers and allow solutions to stand for a minimum of 30 
minutes.
    6.7  Filter each solution through a filter membrane using this 
suction filter apparatus.
    6.8  After each filtration, wash the filter membrane with 10 ml of 
distilled water and 5 ml of ethanol.
    6.9  Allow the filter membrane to air dry on the filter apparatus.
    6.10  Carefully remove the filter membrane and mount with double-
side tape on the inner surface of a planchet. Mount filter with 
filtration side up.
    6.11  Place planchet in an alpha spectrometry system and count each 
planchet for 1000 minutes.
    6.12  The counting efficiency of each detector can be calculated 
using Eq. 111-6.

                                                                                                                
                                                         CS-CB                                                  
                                               EC=  --------------                                   Eq. 111-6  
                                                       2.22 AA T                                                
                                                                                                                

where:

CS=gross counts in actinide peak.
CB=background counts in same peak area as CS.
2.22=disintegrations per minute per picocurie.
AA=picocuries of actinide added.
EC=counting efficiency, counts per minute per disintegration per 
          minute.
T=counting time in minutes, specified in section 6.11 as 1000 minutes.

    6.13  Determine the average counting efficiency for each detector by 
calculating the average of the six determinations.

7.0  Preparation of Standardized Solution of Polonium-209

    7.1  Obtain polonium-209 solution from an available supplier. Add a 
quantity of the Po-209 solution to a 100 ml volumetric flask so that the 
final concentration when diluted to a 100 ml volume will be 
approximately 1 pCi/ml. Add 10 ml of 16 M HNO3 and dilute to 100 ml 
with distilled water.
    7.2  Add 20 ml of 1 M HCl to each of six 150 ml beakers.
    7.3  Add 1.0 ml of lanthanum carrier, 0.1 mg lanthanum per ml, to 
the acid solution in each beaker.
    7.4  Add 1.0 ml of polonium-209 tracer from section 7.1 to each 
beaker.
    7.5  Add 3.0 ml of 15 M ammonium hydroxide to each beaker.
    7.6  Cover beakers and allow to stand for a minimum of 30 minutes.
    7.7  Filter the contents of each beaker through a separate filter 
membrane.
    7.8  After each filtration, wash membrane with 10 ml of distilled 
water and 5 ml of ethanol.
    7.9  Allow filter membrane to dry on filter apparatus.

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    7.10  Carefully remove the filter membrane and mount with double-
side tape on the inner surface of a planchet. Mount filter with 
filtration side up.
    7.11  Place planchet in alpha spectrometry system and count each 
planchet for 1000 minutes.
    7.12  The activity of the polonium solution can be calculated using 
Eq. 111-7.

                                                                                                                
                                                         CS-CB                                                  
                                               F=   --------------                                   Eq. 111-7  
                                                       2.22 EC T                                                
                                                                                                                

where:

F=activity of polonium-209 solution, in pCi.
CS=gross counts of polonium-209 in the 4.88 MeV region of the 
          spectrum in the counting time T.
CB=background counts in the 4.88 MeV region of spectrum the in the 
          counting time T.
2.22=disintegrations per minute per picocurie.
EC=counting efficiency of detector used, counts per minute per 
          disintegration per minute.
T=counting time, specified in section 7.11 as 1000 minutes.

    7.13  Determine the average activity of the polonium-209 solution 
from the six determinations.
    7.14  Aliquots of the solution from section 7.1 are to be used as 
tracer with each polonium-210 analysis.

8.0  Standardization of Internal Proportional Counter

    8.1  Obtain a standardized solution of an alpha-emitting actinide 
element such as plutonium-239 or americium-241. Add a quantity of the 
standardized solution to a 100 ml volumetric flask so that the final 
concentration when diluted to a 100 ml volume will be approximately 100 
pCi/ml. Add 10 ml of 16 M HNO3 and dilute to 100 ml with distilled 
water.
    8.2  Add 20 ml of 1 M HCl to each of six 150 ml beakers.
    8.3  Add 1.0 ml of lanthanum carrier, 0.1 mg lanthanum per ml, to 
the acid solution in each beaker.
    8.4  Add 1.0 ml of the actinide solution from section 8.1 to each 
beaker.
    8.5  Add 5.0 ml of 3 M HF to each beaker.
    8.6  Cover beakers and allow solutions to stand for a minimum of 30 
minutes.
    8.7  Filter each solution through a filter membrane using the 
suction filter apparatus.
    8.8  After each filtration, wash membrane with 10 ml of distilled 
water and 5 ml of ethanol.
    8.9  Allow filter membrane to dry on filter apparatus.
    8.10  Carefully remove filter membrane and mount with double-side 
tape on the inner surface of a planchet. Mount filter with filtration 
side up.
    8.11  Place planchet in internal proportional counter and count for 
100 minutes.
    8.12  The counting efficiency of the internal proportional counter 
is determined as follows from the six samples:

                                                                                                                
                                                         CS-CB                                                  
                                               EB=  --------------                                   Eq. 111-8  
                                                       2.22 AA T                                                
                                                                                                                

where:

EI=counting efficiency of proportional counter, counts per minute 
          per disintegration per minute.
CS=gross counts of standard.
CB=gross counts of procedure background.
2.22=disintegrations per minute per picocurie.
AA=picocuries of actinide added.
T=counting time in minutes, specified in section 8.11 as 100 minutes.

    8.13  Determine the average counting efficiency of the six 
determinations.

9.0  Quality Assurance

    9.1  General Requirements.
    9.1.1  All analysts using this method are required to demonstrate 
their ability to use the method and to define their respective accuracy 
and precision criteria.
    9.2  Specific Requirements.
    9.2.1  Each sample will be analyzed in duplicate.
    9.2.2  Every tenth sample will be an externally prepared performance 
evaluation sample submitted by the Quality Assurance Officer.
    9.2.3  Duplicate measurements are considered acceptable when the 
difference between them is less than two standard deviations as 
described in EPA 600/4-77-001 or subsequent revisions.

   Method 114--Test Methods for Measuring Radionuclide Emissions from 
                           Stationary Sources

1. Purpose and Background

    This method provides the requirements for: (1) Stack monitoring and 
sample collection methods appropriate for radionuclides; (2) 
radiochemical methods which are used in determining the amounts of 
radionuclides collected by the stack sampling and; (3) quality assurance 
methods which are conducted in conjunction with these measurements. 
These methods are appropriate for emissions for stationary sources. A 
list of references is provided.
    Many different types of facilities release radionuclides into air. 
These radionuclides differ in the chemical and physical forms, half-
lives and type of radiation emitted. The appropriate combination of 
sample extraction, collection and analysis for an individual 
radionuclide is dependent upon many interrelated factors including the 
mixture of

[[Page 272]]

other radionuclides present. Because of this wide range of conditions, 
no single method for monitoring or sample collection and analysis of a 
radionuclide is applicable to all types of facilities. Therefore, a 
series of methods based on ``principles of measurement'' are described 
for monitoring and sample collection and analysis which are applicable 
to the measurement of radionuclides found in effluent streams at 
stationary sources. This approach provides the user with the flexibility 
to choose the most appropriate combination of monitoring and sample 
collection and analysis methods which are applicable to the effluent 
stream to be measured.

2. Stack Monitoring and Sample Collection Methods

    Monitoring and sample collection methods are described based on 
``principles of monitoring and sample collection'' which are applicable 
to the measurement of radionuclides from effluent streams at stationary 
sources. Radionuclides of most elements will be in the particulate form 
in these effluent streams and can be readily collected using a suitable 
filter media. Radionuclides of hydrogen, oxygen, carbon, nitrogen, the 
noble gases and in some circumstances iodine will be in the gaseous 
form. Radionuclides of these elements will require either the use of an 
in-line or off-line monitor to directly measure the radionuclides, or 
suitable sorbers, condensers or bubblers to collect the radionuclides.
    2.1  Radionuclides as Particulates. The extracted effluent stream is 
passed through a filter media to remove the particulates. The filter 
must have a high efficiency for removal of sub-micron particles. The 
guidance in ANSI N13.1--1969 shall be followed in using filter media to 
collect particulates (incorporated by reference-see Sec. 61.18).
    2.2  Radionuclides as Gases.
    2.2.1  The Radionuclide Tritium (H-3). Tritium in the form of water 
vapor is collected from the extracted effluent sample by sorption, 
condensation or dissolution techniques. Appropriate collectors may 
include silica gel, molecular sieves, and ethylene glycol or water 
bubblers.
    Tritium in the gaseous form may be measured directly in the sample 
stream using Method B-1, collected as a gas sample or may be oxidized 
using a metal catalyst to tritiated water and collected as described 
above.
    2.2.2  Radionuclides of Iodine. Iodine is collected from an 
extracted sample by sorption or dissolution techniques. Appropriate 
collectors may include charcoal, impregnated charcoal, metal zeolite and 
caustic solutions.
    2.2.3  Radionuclides of Argon, Krypton and Xenon. Radionuclides of 
these elements are either measured directly by an in-line or off-line 
monitor, or are collected from the extracted sample by low temperature 
sorption techniques, Appropriate sorbers may include charcoal or metal 
zeolite.
    2.2.4  Radionuclides of Oxygen, Carbon, Nitrogen and Radon. 
Radionuclides of these elements are measured directly using an in-line 
or off-line monitor. Radionuclides of carbon in the form of carbon 
dioxide may be collected by dissolution in caustic solutions.
    2.3  Definition of Terms
    In-line monitor means a continuous measurement system in which the 
detector is placed directly in or adjacent to the effluent stream. This 
may involve either gross radioactivity measurements or specific 
radionuclide measurements. Gross measurements shall be made in 
conformance with the conditions specified in Methods A-4, B-2 and G-4.
    Off-line monitor means a measurement system in which the detector is 
used to continuously measure an extracted sample of the effluent stream. 
This may involve either gross radioactivity measurements or specific 
radionuclide measurements. Gross measurements shall be made in 
conformance with the conditions specified in Methods A-4, B-2 and G-4.
    Sample collection means a procedure in which the radionuclides are 
removed from an extracted sample of the effluent using a collection 
media. These collection media include filters, absorbers, bubblers and 
condensers. The collected sample is analyzed using the methods described 
in Section 3.

3. Radionuclide Analysis Methods

    A series of methods based on ``principles of measurement'' are 
described which are applicable to the analysis of radionuclides 
collected from airborne effluent streams at stationary sources. These 
methods are applicable only under the conditions stated and within the 
limitations described. Some methods specify that only a single 
radionuclide be present in the sample or the chemically separated 
sample. This condition should be interpreted to mean that no other 
radionuclides are present in quantities which would interfere with the 
measurement.
    Also identified (Table 1) are methods for a selected list of 
radionuclides. The listed radionuclides are those which are most 
commonly used and which have the greatest potential for causing dose to 
members of the public. Use of methods based on principles of measurement 
other than those described in this section must be approved in advance 
of use by the Administrator. For radionuclides not listed in Table 1, 
any of the described methods may be used provided the user can 
demonstrate that the applicability conditions of the method have been 
met.
    The type of method applicable to the analysis of a radionuclide is 
dependent upon the type of radiation emitted, i.e., alpha, beta or

[[Page 273]]

gamma. Therefore, the methods described below are grouped according to 
principles of measurements for the analysis of alpha, beta and gamma 
emitting radionuclides.
    3.1  Methods for Alpha Emitting Radionuclides
    3.1.1  Method A-1, Radiochemistry-Alpha Spectrometry.
    Principle: The element of interest is separated from other elements, 
and from the sample matrix using radiochemical techniques. The procedure 
may involve precipitation, ion exchange, or solvent extraction. Carriers 
(elements chemically similar to the element of interest) may be used. 
The element is deposited on a planchet in a very thin film by 
electrodeposition or by coprecipitation on a very small amount of 
carrier, such as lanthanum fluoride. The deposited element is then 
counted with an alpha spectrometer. The activity of the nuclide of 
interest is measured by the number of alpha counts in the appropriate 
energy region. A correction for chemical yield and counting efficiency 
is made using a standardized radioactive nuclide (tracer) of the same 
element. If a radioactive tracer is not available for the element of 
interest, a predetermined chemical yield factor may be used.
    Applicability: This method is applicable for determining the 
activity of any alpha-emitting radionuclide, regardless of what other 
radionuclides are present in the sample provided the chemical separation 
step produces a very thin sample and removes all other radionuclides 
which could interfere in the spectral region of interest. APHA-605(2), 
ASTM-D-3972(13).
    3.1.2  Method A-2, Radiochemistry-Alpha Counting.
    Principle: The element of interest is separated from other elements, 
and from the sample matrix using radiochemistry. The procedure may 
involve precipitation, ion exchange, or solvent extraction. Carriers 
(elements chemically similar to the element of interest) may be used. 
The element is deposited on a planchet in a thin film and counted with a 
alpha counter. A correction for chemical yield (if necessary) is made. 
The alpha count rate measures the total activity of all emitting 
radionuclides of the separated element.
    Applicability: This method is applicable for the measurement of any 
alpha-emitting radionuclide, provided no other alpha emitting 
radionuclide is present in the separated sample. It may also be 
applicable for determining compliance, when other radionuclides of the 
separated element are present, provided that the calculated emission 
rate is assigned to the radionuclide which could be present in the 
sample that has the highest dose conversion factor. IDO-12096(18).
    3.1.3  Method A-3, Direct Alpha Spectrometry.
    Principle: The sample, collected on a suitable filter, is counted 
directly on an alpha spectrometer. The sample must be thin enough and 
collected on the surface of the filter so that any absorption of alpha 
particle energy in the sample or the filter, which would degrade the 
spectrum, is minimal.
    Applicability: This method is applicable to simple mixtures of alpha 
emitting radionuclides and only when the amount of particulates 
collected on the filter paper are relatively small and the alpha spectra 
is adequately resolved. Resolutions should be 50 keV (FWHM) or better, 
ASTM-D-3084(16).
    3.1.4  Method A-4, Direct Alpha Counting (Gross alpha 
determination).
    Principle: The sample, collected on a suitable filter, is counted 
with an alpha counter. The sample must be thin enough so that self-
absorption is not significant and the filter must be of such a nature 
that the particles are retained on the surface.
    Applicability: Gross alpha determinations may be used to measure 
emissions of specific radionuclides only (1) when it is known that the 
sample contains only a single radionuclide, or the identity and isotopic 
ratio of the radionuclides in the sample are well-known, and (2) 
measurements using either Method A-1, A-2 or A-5 have shown that this 
method provides a reasonably accurate measurement of the emission rate. 
Gross alpha measurements are applicable to unidentified mixtures of 
radionuclides only for the purposes and under the conditions described 
in section 3.7. APHA-601(3), ASTM-D-1943(10).
    3.1.5  Method A-5, Chemical Determination of Uranium.
    Principle: Uranium may be measured chemically by either colorimetry 
or fluorometry. In both procedures, the sample is dissolved, the uranium 
is oxidized to the hexavalent form and extracted into a suitable 
solvent. Impurities are removed from the solvent layer. For colorimetry, 
dibenzoylmethane is added, and the uranium is measured by the absorbance 
in a colorimeter. For fluorometry, a portion of the solution is fused 
with a sodium fluoride-lithium fluoride flux and the uranium is 
determined by the ultraviolet activated fluorescence of the fused disk 
in a fluorometer.
    Applicability: This method is applicable to the measurements of 
emission rates of uranium when the isotopic ratio of the uranium 
radionuclides is well known. ASTM-E-318(15), ASTM-D-2907(14).
    3.1.6  Method A-6, Radon-222--Continuous Gas Monitor.
    Principle: Radon-222 is measured directly in a continuously 
extracted sample stream by passing the air stream through a calibrated 
scintillation cell. Prior to the scintillation

[[Page 274]]

cell, the air stream is treated to remove particulates and excess 
moisture. The alpha particles from radon-222 and its decay products 
strike a zinc sulfide coating on the inside of the scintillation cell 
producing light pulses. The light pulses are detected by a 
photomultiplier tube which generates electrical pulses. These pulses are 
processed by the system electronics and the read out is in pCi/l of 
radon-222.
    Applicability: This method is applicable to the measurement of 
radon-222 in effluent streams which do not contain significant 
quantities of radon-220. Users of this method should calibrate the 
monitor in a radon calibration chamber at least twice per year. The 
background of the monitor should also be checked periodically by 
operating the instrument in a low radon environment. EPA 520/1-89-
009(24).
    3.1.7  Method A-7, Radon-222-Alpha Track Detectors
    Principle: Radon-222 is measured directly in the effluent stream 
using alpha track detectors (ATD). The alpha particles emitted by radon-
222 and its decay products strike a small plastic strip and produce 
submicron damage tracks. The plastic strip is placed in a caustic 
solution that accentuates the damage tracks which are counted using a 
microscope or automatic counting system. The number of tracks per unit 
area is correlated to the radon concentration in air using a conversion 
factor derived from data generated in a radon calibration facility.
    Applicability: Prior approval from EPA is required for use of this 
method. This method is only applicable to effluent streams which do not 
contain significant quantities of radon-220, unless special detectors 
are used to discriminate against radon-220. This method may be used only 
when ATDs have been demonstrated to produce data comparable to data 
obtained with Method A-6. Such data should be submitted to EPA when 
requesting approval for the use of this method. EPA 520/1-89-009(24).
    3.2  Methods for Gaseous Beta Emitting Radionuclides.
    3.2.1  Method B-1, Direct Counting in Flow-Through Ionization 
Chambers.
    Principle: An ionization chamber containing a specific volume of gas 
which flows at a given flow rate through the chamber is used. The sample 
(effluent stream sample) acts as the counting gas for the chamber. The 
activity of the radionuclide is determined from the current measured in 
the ionization chamber.
    Applicability: This method is applicable for measuring the activity 
of a gaseous beta-emitting radionuclide in an effluent stream that is 
suitable as a counting gas, when no other beta-emitting nuclides are 
present. DOE/EP-0096(17), NCRP-58(23).
    3.2.2  Method B-2, Direct Counting With In-line or Off-line Beta 
Detectors.
    Principle: The beta detector is placed directly in the effluent 
stream (in-line) or an extracted sample of the effluent stream is passed 
through a chamber containing a beta detector (off-line). The activities 
of the radionuclides present in the effluent stream are determined from 
the beta count rate, and a knowledge of the radionuclides present and 
the relationship of the gross beta count rate and the specific 
radionuclide concentration.
    Applicability: This method is applicable only to radionuclides with 
maximum beta particle energies greater then 0.2 MeV. This method may be 
used to measure emissions of specific radionuclides only when it is 
known that the sample contains only a single radionuclide or the 
identity and isotopic ratio of the radionuclides in the effluent stream 
are well known. Specific radionuclide analysis of periodic grab samples 
may be used to identify the types and quantities of radionuclides 
present and to establish the relationship between specific radionuclide 
analyses and gross beta count rates.
    This method is applicable to unidentified mixtures of gaseous 
radionuclides only for the purposes and under the conditions described 
in section 3.7.
    3.3  Methods for Non-Gaseous Beta Emitting Radionuclides.
    3.3.1  Method B-3, Radiochemistry-Beta Counting.
    Principle: The element of interest is separated from other elements, 
and from the sample matrix by radiochemistry. This may involve 
precipitation, distillation, ion exchange, or solvent extraction. 
Carriers (elements chemically similar to the element of interest) may be 
used. The element is deposited on a planchet, and counted with a beta 
counter. Corrections for chemical yield, and decay (if necessary) are 
made. The beta count rate determines the total activity of all 
radionuclides of the separated element. This method may also involve the 
radiochemical separation and counting of a daughter element, after a 
suitable period of ingrowth, in which case it is specific for the parent 
nuclide.
    Applicability: This method is applicable for measuring the activity 
of any beta-emitting radionuclide, with a maximum energy greater than 
0.2 MeV, provided no other radionuclide is present in the separated 
sample. APHA-608(5).
    3.3.2  Method B-4, Direct Beta Counting (Gross beta determination).
    Principle: The sample, collected on a suitable filter, is counted 
with a beta counter. The sample must be thin enough so that self-
absorption corrections can be made.
    Applicability: Gross beta measurements are applicable only to 
radionuclides with maximum beta particle energies greater than 0.2 MeV. 
Gross beta measurements may be used to measure emissions of specific 
radionuclides only (1) when it is known that the

[[Page 275]]

sample contains only a single radionuclide, and (2) measurements made 
using Method B-3 show reasonable agreement with the gross beta 
measurement. Gross beta measurements are applicable to mixtures of 
radionuclides only for the purposes and under the conditions described 
in section 3.7. APHA-602(4), ASTM-D-1890(11).
    3.3.3  Method B-5, Liquid Scintillation Spectrometry.
    Principle: An aliquot of a collected sample or the result of some 
other chemical separation or processing technique is added to a liquid 
scintillation ``cocktail'' which is viewed by photomultiplier tubes in a 
liquid scintillation spectrometer. The spectrometer is adjusted to 
establish a channel or ``window'' for the pulse energy appropriate to 
the nuclide of interest. The activity of the nuclide of interest is 
measured by the counting rate in the appropriate energy channel. 
Corrections are made for chemical yield where separations are made.
    Applicability: This method is applicable to any beta-emitting 
nuclide when no other radionuclide is present in the sample or the 
separated sample provided that it can be incorporated in the 
scintillation cocktail. This method is also applicable for samples which 
contain more than one radionuclide but only when the energies of the 
beta particles are sufficiently separated so that they can be resolved 
by the spectrometer. This method is most applicable to the measurement 
of low-energy beta emitters such as tritium and carbon-14. APHA-609(6), 
EML-LV-539-17(19).
    3.4  Gamma Emitting Radionuclides
    3.4.1  Method G-1, High Resolution Gamma Spectrometry.
    Principle: The sample is counted with a high resolution gamma 
detector, usually either a Ge(Li) or a high purity Ge detector, 
connected to a multichannel analyzer or computer. The gamma emitting 
radionuclides in the sample are measured from the gamma count rates in 
the energy regions characteristic of the individual radionuclide. 
Corrections are made for counts contributed by other radionuclides to 
the spectral regions of the radionuclides of interest. Radiochemical 
separations may be made prior to counting but are usually not necessary.
    Applicability: This method is applicable to the measurement of any 
gamma emitting radionuclide with gamma energies greater than 20 keV. It 
can be applied to complex mixtures of radionuclides. The samples counted 
may be in the form of particulate filters, absorbers, liquids or gases. 
The method may also be applied to the analysis of gaseous gamma emitting 
radionuclides directly in an effluent stream by passing the stream 
through a chamber or cell containing the detector. ASTM-3649(9), IDO-
12096(18).
    3.4.2  Method G-2, Low Resolution Gamma Spectrometry.
    Principle: The sample is counted with a low resolution gamma 
detector, a thallium activated sodium iodide crystal. The detector is 
coupled to a photomultiplier tube and connected to a multichannel 
analyzer. The gamma emitting radionuclides in the sample are measured 
from the gamma count rates in the energy regions characteristic of the 
individual radionuclides. Corrections are made for counts contributed by 
other radionuclides to the spectral regions of the radionuclides of 
interest. Radiochemical separation may be used prior to counting to 
obtain less complex gamma spectra if needed.
    Applicability: This method is applicable to the measurement of gamma 
emitting radionuclides with energies greater than 100 keV. It can be 
applied only to relatively simple mixtures of gamma emitting 
radionuclides. The samples counted may be in the form of particulate 
filters, absorbers, liquids or gas. The method can be applied to the 
analysis of gaseous radionuclides directly in an effluent stream by 
passing the gas stream through a chamber or cell containing the 
detector. ASTM-D-2459(12), EMSL-LV-0539-17(19).
    3.4.3  Method G-3, Single Channel Gamma Spectrometry.
    Principle: The sample is counted with a thallium activated sodium 
iodide crystal. The detector is coupled to a photomultiplier tube 
connected to a single channel analyzer. The activity of a gamma emitting 
radionuclide is determined from the gamma counts in the energy range for 
which the counter is set.
    Applicability: This method is applicable to the measurement of a 
single gamma emitting radionuclide. It is not applicable to mixtures of 
radionuclides. The samples counted may be in the form of particulate 
filters, absorbers, liquids or gas. The method can be applied to the 
analysis of gaseous radionuclides directly in an effluent stream by 
passing the gas stream through a chamber or cell containing the 
detector.
    3.4.4  Method G-4, Gross Gamma Counting.
    Principle: The sample is counted with a gamma detector usually a 
thallium activated sodium iodine crystal. The detector is coupled to a 
photomultiplier tube and gamma rays above a specific threshold energy 
level are counted.
    Applicability: Gross gamma measurements may be used to measure 
emissions of specific radionuclides only when it is known that the 
sample contains a single radionuclide or the identity and isotopic ratio 
of the radionuclides in the effluent stream are well known. When gross 
gamma measurements are used to determine emissions of specific 
radionuclides periodic measurements using Methods G-1 or G-2 should be 
made to demonstrate that the gross gamma measurements provide reliable 
emission data. This method may be applied to analysis of gaseous 
radionuclides directly in an effluent

[[Page 276]]

stream by placing the detector directly in or adjacent to the effluent 
stream or passing an extracted sample of the effluent stream through a 
chamber or cell containing the detector.
    3.5  Counting Methods. All of the above methods with the exception 
of Method A-5 involve counting the radiation emitted by the 
radionuclide. Counting methods applicable to the measurement of alpha, 
beta and gamma radiations are listed below. The equipment needed and the 
counting principles involved are described in detail in ASTM-3648(8).
    3.5.1  Alpha Counting:
     Gas Flow Proportional Counters. The alpha particles cause 
ionization in the counting gas and the resulting electrical pulses are 
counted. These counters may be windowless or have very thin windows.
     Scintillation Counters. The alpha particles transfer energy 
to a scintillator resulting in a production of light photons which 
strike a photomultiplier tube converting the light photons to electrical 
pulses which are counted. The counters may involve the use of solid 
scintillation materials such as zinc sulfide or liquid scintillation 
solutions.
     Solid-State Counters. Semiconductor materials, such as 
silicon surface-barrier p-n junctions, act as solid ionization chambers. 
The alpha particles interact which the detector producing electron hole 
pairs. The charged pair is collected by an applied electrical field and 
the resulting electrical pulses are counted.
     Alpha Spectrometers. Semiconductor detectors used in 
conjunction with multichannel analyzers for energy discrimination.
    3.5.2  Beta Counting:
     Ionization Chambers. These chambers contain the beta-
emitting nuclide in gaseous form. The ionization current produced is 
measured.
     Geiger-Muller (GM) Counters-or Gas Flow Proportional 
Counters. The beta particles cause ionization in the counting gas and 
the resulting electrical pulses are counted. Proportional gas flow 
counters which are heavily shielded by lead or other metal, and provided 
with an anti-coincidence shield to reject cosmic rays, are called low 
background beta counters.
     Scintillation Counters. The beta particles transfer energy 
to a scintillator resulting in a production of light photons, which 
strike a photomultiplier tube converting the light photon to electrical 
pulses which are counted. This may involve the use of anthracene 
crystals, plastic scintillator, or liquid scintillation solutions with 
organic phosphors.
     Liquid Scintillation Spectrometers. Liquid scintillation 
counters which use two photomultiplier tubes in coincidence to reduce 
background counts. This counter may also electronically discriminate 
among pulses of a given range of energy.
    3.5.3  Gamma Counting:
     Low-Resolution Gamma Spectrometers. The gamma rays interact 
with thallium activated sodium iodide or cesium iodide crystal resulting 
in the release of light photons which strike a photomultiplier tube 
converting the light pulses to electrical pulses proportional to the 
energy of the gamma ray. Multi-channel analyzers are used to separate 
and store the pulses according to the energy absorbed in the crystal.
     High-Resolution gamma Spectrometers. Gamma rays interact 
with a lithium-drifted (Ge(Li)) or high-purity germanium (HPGe) 
semiconductor detectors resulting in a production of electron-hole 
pairs. The charged pair is collected by an applied electrical field. A 
very stable low noise preamplifier amplifies the pulses of electrical 
charge resulting from the gamma photon interactions. Multichannel 
analyzers or computers are used to separate and store the pulses 
according to the energy absorbed in the crystal.
     Single Channel Analyzers. Thallium activated sodium iodide 
crystals used with a single window analyzer. Pulses from the 
photomultiplier tubes are separated in a single predetermined energy 
range.
    3.5.4  Calibration of Counters. Counters are calibrated for specific 
radionuclide measurements using a standard of the radionuclide under 
either identical or very similar conditions as the sample to be counted. 
For gamma spectrometers a series of standards covering the energy range 
of interest may be used to construct a calibration curve relating gamma 
energy to counting efficiency.
    In those cases where a standard is not available for a radionuclide, 
counters may be calibrated using a standard with energy characteristics 
as similar as possible to the radionuclide to be measured. For gross 
alpha and beta measurements of the unidentified mixtures of 
radionuclides, alpha counters are calibrated with a natural uranium 
standard and beta counters with a cesium-137 standard. The standard must 
contain the same weight and distribution of solids as the samples, and 
be mounted in an identical manner. If the samples contain variable 
amounts of solids, calibration curves relating weight of solids present 
to counting efficiency are prepared. Standards other than those 
prescribed may be used provided it can be shown that such standards are 
more applicable to the radionuclide mixture measured.
    3.6  Radiochemical Methods for Selected Radionuclides. Methods for a 
selected list of radionuclides are listed in Table 1. The radionuclides 
listed are those which are most commonly used and which have the 
greatest potential for causing doses to members of the public. For 
radionuclides not listed in Table 1, methods based on any of the 
applicable ``principles of measurement'' described in section 3.1 
through 3.4 may be used.

[[Page 277]]

    3.7  Applicability of Gross Alpha and Beta Measurements to 
Unidentified Mixtures of Radionuclides. Gross alpha and beta 
measurements may be used as a screening measurement as a part of an 
emission measurement program to identify the need to do specific 
radionuclide analyses or to confirm or verify that unexpected 
radionuclides are not being released in significant quantities.
    Gross alpha (Method A-4) or gross beta (Methods B-2 or B-4) 
measurements may also be used for the purpose of comparing the measured 
concentrations in the effluent stream with the limiting ``Concentration 
Levels for Environmental Compliance'' in table 2 of appendix E. For 
unidentified mixtures, the measured concentration value shall be 
compared with the lowest environmental concentration limit for any 
radionuclide which is not known to be absent from the effluent stream.

      Table 1--List of Approved Methods for Specific Radionuclides      
------------------------------------------------------------------------
               Radionuclide                 Approved methods of analysis
------------------------------------------------------------------------
Am-241....................................  A-1, A-2, A-3, A-4          
Ar-41.....................................  B-1, B-2, G-1, G-2, G-3, G-4
Ba-140....................................  G-1, G-2, G-3, G-4          
Br-82.....................................  G-1, G-2, G-3, G-4          
C-11......................................  B-1, B-2, G-1, G-2, G-3, G-4
C-14......................................  B-5                         
Ca-45.....................................  B-3, B-4, B-5               
Ce-144....................................  G-1, G-2, G-3, G-4          
Cm-244....................................  A-1, A-2, A-3, A-4          
Co-60.....................................  G-1, G-2, G-3, G-4          
Cr-51.....................................  G-1, G-2, G-3, G-4          
Cs-134....................................  G-1, G-2, G-3, G-4          
Cs-137....................................  G-1, G-2, G-3, G-4          
Fe-55.....................................  B-5, G-1                    
Fe-59.....................................  G-1, G-2, G-3, G-4          
Ga-67.....................................  G-1, G-2, G-3, G-4          
H-3 (H2O).................................  B-5                         
H-3 (gas).................................  B-1                         
I-123.....................................  G-1, G-2, G-3, G-4          
I-125.....................................  G-1                         
I-131.....................................  G-1, G-2, G-3, G-4          
In-113m...................................  G-1, G-2, G-3, G-4          
Ir-192....................................  G-1, G-2, G-3, G-4          
Kr-85.....................................  B-1, B-2, B-5, G-1, G-2, G- 
                                             3, G-4                     
Kr-87.....................................  B-1, B-2, G-1, G-2, G-3, G-4
Kr-88.....................................  B-1, B-2, G-1, G-2, G-3, G-4
Mn-54.....................................  G-1, G-2, G-3, G-4          
Mo-99.....................................  G-1, G-2, G-3, G-4          
N-13......................................  B-1, B-2, G-1, G-2, G-3, G-4
O-15......................................  B-1, B-2, G-1, G-2, G-3, G-4
P-32......................................  B-3, B-4, B-5               
Pm-147....................................  B-3, B-4, B-5               
Po-210....................................  A-1, A-2, A-3, A-4          
Pu-238....................................  A-1, A-2, A-3, A-4          
Pu-239....................................  A-1, A-2, A-3, A-4          
Pu-240....................................  A-1, A-2, A-3, A-4          
Ra-226....................................  A-1, A-2, G-1, G-2          
S-35......................................  B-5                         
Se-75.....................................  G-1, G-2, G-3, G-4          
Sr-90.....................................  B-3, B-4, B-5               
Tc-99.....................................  B-3, B-4, B-5               
Te-201....................................  G-1, G-2, G-3, G-4          
Uranium (total alpha).....................  A-1, A-2, A-3, A-4          
Uranium (Isotopic)........................  A-1, A-3                    
Uranium (Natural).........................  A-5                         
Xe-133....................................  G-1                         
Yb-169....................................  G-1, G-2, G-3, G-4          
Zn-65.....................................  G-1, G-2, G-3, G-4          
------------------------------------------------------------------------

4. Quality Assurance Methods

    Each facility required to measure their radionuclide emissions shall 
conduct a quality assurance program in conjunction with the radionuclide 
emission measurements. This program shall assure that the emission 
measurements are representative, and are of known precision and accuracy 
and shall include administrative controls to assure prompt response when 
emission measurements indicate unexpectedly large emissions. The program 
shall consist of a system of policies, organizational responsibilities, 
written procedures, data quality specifications, audits, corrective 
actions and reports. This quality assurance program shall include the 
following program elements:
    4.1  The organizational structure, functional responsibilities, 
levels of authority and lines of communications for all activities 
related to the emissions measurement program shall be identified and 
documented.
    4.2  Administrative controls shall be prescribed to ensure prompt 
response in the event that emission levels increase due to unplanned 
operations.
    4.3  The sample collection and analysis procedures used in measuring 
the emissions shall be described including where applicable:
    4.3.1  Identification of sampling sites and number of sampling 
points, including the rationale for site selections.
    4.3.2  A description of sampling probes and representativeness of 
the samples.
    4.3.3  A description of any continuous monitoring system used to 
measure emissions, including the sensitivity of the system, calibration 
procedures and frequency of calibration.
    4.3.4  A description of the sample collection systems for each 
radionuclide measured, including frequency of collection, calibration 
procedures and frequency of calibration.
    4.3.5  A description of the laboratory analysis procedures used for 
each radionuclide measured, including frequency of analysis, calibration 
procedures and frequency of calibration.
    4.3.6  A description of the sample flow rate measurement systems or 
procedures, including calibration procedures and frequency of 
calibration.
    4.3.7  A description of the effluent flow rate measurement 
procedures, including frequency of measurements, calibration procedures 
and frequency of calibration.

[[Page 278]]

    4.4  The objectives of the quality assurance program shall be 
documented and shall state the required precision, accuracy and 
completeness of the emission measurement data including a description of 
the procedures used to assess these parameters. Accuracy is the degree 
of agreement of a measurement with a true or known value. Precision is a 
measure of the agreement among individual measurements of the same 
parameters under similar conditions. Completeness is a measure of the 
amount of valid data obtained compared to the amount expected under 
normal conditions.
    4.5  A quality control program shall be established to evaluate and 
track the quality of the emissions measurement data against preset 
criteria. The program should include where applicable a system of 
replicates, spiked samples, split samples, blanks and control charts. 
The number and frequency of such quality control checks shall be 
identified.
    4.6  A sample tracking system shall be established to provide for 
positive identification of samples and data through all phases of the 
sample collection, analysis and reporting system. Sample handling and 
preservation procedures shall be established to maintain the integrity 
of samples during collection, storage and analysis.
    4.7  Periodic internal and external audits shall be performed to 
monitor compliance with the quality assurance program. These audits 
shall be performed in accordance with written procedures and conducted 
by personnel who do not have responsibility for performing any of the 
operations being audited.
    4.8  A corrective action program shall be established including 
criteria for when corrective action is needed, what corrective actions 
will be taken and who is responsible for taking the corrective action.
    4.9  Periodic reports to responsible management shall be prepared on 
the performance of the emissions measurements program. These reports 
should include assessment of the quality of the data, results of audits 
and description of corrective actions.
    4.10  The quality assurance program should be documented in a 
quality assurance project plan which should address each of the above 
requirements.

5. References

    (1) American National Standards Institute, ``Guide to Sampling 
Airborne Radioactive Materials in Nuclear Facilities'', ANSI-N13.1-1969, 
American National Standards Institute, New York, New York (1969).
    (2) American Public Health Association, ``Methods of Air Sampling'', 
2nd Edition, Method 605, ``Tentative Method of Analysis for Plutonium 
Content of Atmospheric Particulate Matter''. American Public Health 
Association, New York, NY (1977).
    (3) Ibid, Method 601, ``Tentative Method of Analysis for Gross Alpha 
Radioactivity Content of the Atmosphere''.
    (4) Ibid, Method 602, ``Tentative Method of the Analysis for Gross 
Beta Radioactivity Content of the Atmosphere''.
    (5) Ibid, Method 608, ``Tentative Method of Analysis for Strontium-
90 Content of Atmospheric Particulate Matter''.
    (6) Ibid, Method 609, ``Tentative Method of Analysis for Tritium 
Content of the Atmosphere''.
    (7) Ibid, Method 603, ``Tentative Method of Analysis for Iodine-131 
Content of the Atmosphere''.
    (8) American Society for Testing and Materials, 1986 Annual Book 
ASTM Standards, Designation D-3648-78, ``Standard Practices for the 
Measurement of Radioactivity''. American Society for Testing and 
Materials, Philadelphia, PA (1986).
    (9) Ibid, Designation D-3649-85, ``Standard Practice for High 
Resolution Gamma Spectrometry''.
    (10) Ibid, Designation D-1943-81, ``Standard Test Method for Alpha 
Particle Radioactivity of Water''.
    (11) Ibid, Designation D-1890-81, ``Standard Test Method for Beta 
Particle Radioactivity of Water''.
    (12) Ibid, Designation D-2459-72, ``Standard Test Method for Gamma 
Spectrometry of Water''.
    (13) Ibid, Designation D-3972-82, ``Standard Test Method for 
Isotopic Uranium in Water by Radiochemistry''.
    (14) Ibid, Designation D-2907-83, ``Standard Test Methods for 
Microquantities of Uranium in Water by Fluorometry''.
    (15) Ibid, Designation E-318, ``Standard Test Method for Uranium in 
Aqueous Solutions by Colorimetry''.
    (16) Ibid, Designation D-3084-75, ``Standard Practice for Alpha 
Spectrometry of Water''.
    (17) Corley, J.P. and C.D. Corbit, ``A Guide for Effluent 
Radiological Measurements at DOE Installations'', DOE/EP-0096, Pacific 
Northwest Laboratories, Richland, Washington (1983).
    (18) Department of Energy, ``RESL Analytical Chemistry Branch 
Procedures Manual'', IDO-12096, U.S. Department of Energy, Idaho Falls, 
Idaho (1982).
    (19) Environmental Protection Agency, ``Radiochemical Analytical 
Procedures for Analysis of Environmental Samples'', EMSL-LV-0539-17, 
U.S. Environmental Protection Agency, Environmental Monitoring and 
Support Laboratory, Las Vegas, Nevada (1979).
    (20) Environmental Protection Agency, ``Radiochemistry Procedures 
Manual'', EPA 520/5-84-006, Eastern Environmental Radiation Facility, 
Montgomery, Alabama (1984).
    (21) National Council on Radiation Protection and Measurements, NCRP 
Report No. 50, ``Environmental Radiation Measurements'',

[[Page 279]]

National Council on Radiation Protection and Measurement, Bethesda, 
Maryland (1976).
    (22) Ibid, Report No. 47, ``Tritium Measurement Techniques''. 
(1976).
    (23) Ibid, Report No. 58 ``A Handbook of Radioactivity Measurement 
Procedures'' (1985).
    (24) Environmental Protection Agency, ``Indoor Radon and Radon Decay 
Product Measurement Protocols'', EPA 520/1-89-009, U.S. Environmental 
Protection Agency, Washington, DC (1989).

             Method 115--Monitoring for Radon-222 Emissions

    This appendix describes the monitoring methods which must be used in 
determining the radon-222 emissions from underground uranium mines, 
uranium mill tailings piles, phosphogypsum stacks, and other piles of 
waste material emitting radon.

1. Radon-222 Emissions from Underground Uranium Mine Vents

    1.1  Sampling Frequency and Calculation of Emissions. Radon-222 
emissions from underground uranium mine vents shall be determined using 
one of the following methods:
    1.1.1  Continuous Measurement. These measurements shall be made and 
the emissions calculated as follows:
    (a) The radon-222 concentration shall be continuously measured at 
each mine vent whenever the mine ventilation system is operational.
    (b) Each mine vent exhaust flow rate shall be measured at least 4 
times per year.
    (c) A weekly radon-222 emission rate for the mine shall be 
calculated and recorded weekly as follows:

Aw= C1Q1T1 + C2Q2T2 + . . . 
CiQiTi

Where:
Aw=Total radon-222 emitted from the mine during week (Ci)
Ci=Average radon-222 concentration in mine vent i(Ci/m\3\)
Qi=Volumetric flow rate from mine vent i(m\3\/hr)
Ti=Hours of mine ventilation system operation during week for mine 
vent i(hr)

    (d) The annual radon-222 emission rate is the sum of the weekly 
emission rates during a calendar year.
    1.1.2  Periodic Measurement. This method is applicable only to mines 
that continuously operate their ventilation system except for extended 
shutdowns. Mines which start up and shut down their ventilation system 
frequently must use the continuous measurement method describe in 
Section 1.1.1 above. Emission rates determined using periodic 
measurements shall be measured and calculated as follows:
    (a) The radon-222 shall be continuously measured at each mine vent 
for at least one week every three months.
    (b) Each mine vent exhaust flow rate shall be measured at least once 
during each of the radon-222 measurement periods.
    (c) A weekly radon-222 emission rate shall be calculated for each 
weekly period according to the method described in Section 1.1.1. In 
this calculation T=168 hr.
    (d) The annual radon-222 emission rate from the mine should be 
calculated as follows:


                                                                        
          52 - Ws                                                       
  Ay=  -------------                (Aw1 + Aw2 + ... Awi)               
             n                                                          
                                                                        


Where:
Ay=Annual radon-222 emission rate from the mine(Ci)
Awi=Weekly radon-222 emission rate during the measurement period i 
(Ci)
n=Number of weekly measurement periods per year
Ws=Number of weeks during the year that the mine ventilation system 
is shut down in excess of 7 consecutive days, i.e. the sum of the number 
of weeks each shut down exceeds 7 days

    1.2  Test Methods and Procedures
    Each underground mine required to test its emissions, unless an 
equivalent or alternative method has been approved by the Administrator, 
shall use the following test methods:
    1.2.1  Test Method 1 of appendix A to part 60 shall be used to 
determine velocity traverses. The sampling point in the duct shall be 
either the centroid of the cross section or the point of average 
velocity.
    1.2.2  Test Method 2 of appendix A to part 60 shall be used to 
determine velocity and volumetric flow rates.
    1.2.3  Test Methods A-6 or A-7 of appendix B, Method 114 to part 61 
shall be used for the analysis of radon-222. Use of Method A-7 requires 
prior approval of EPA based on conditions described in appendix B.
    1.2.4  A quality assurance program shall be conducted in conformance 
with the programs described for Continuous Radon Monitors and Alpha 
Track Detectors in EPA 520/1-89-009. (2)

2. Radon-222 Emissions from Uranium Mill Tailings Piles

    2.1  Measurement and Calculation of Radon Flux from Uranium Mill 
Tailings Piles.
    2.1.1  Frequency of Flux Measurement. A single set of radon flux 
measurements may be made, or if the owner or operator chooses, more 
frequent measurements may be made over a one year period. These 
measurements may involve quarterly, monthly or weekly intervals. All 
radon measurements shall be made as described in paragraphs 2.1.2 
through 2.1.6 except that for measurements

[[Page 280]]

made over a one year period, the requirement of paragraph 2.1.4(c) shall 
not apply. The mean radon flux from the pile shall be the arithmetic 
mean of the mean radon flux for each measurement period. The weather 
conditions, moisture content of the tailings and area of the pile 
covered by water existing at the time of the measurement shall be chosen 
so as to provide measurements representative of the long term radon flux 
from the pile and shall be subject to EPA review and approval.
    2.1.2  Distribution of Flux Measurements. The distribution and 
number of radon flux measurements required on a pile will depend on 
clearly defined areas of the pile (called regions) that can have 
significantly different radon fluxes due to surface conditions. The mean 
radon flux shall be determined for each individual region of the pile. 
Regions that shall be considered for operating mill tailings piles are:

    (a) Water covered areas,
    (b) Water saturated areas (beaches),
    (c) Dry top surface areas, and
    (d) Sides, except where earthen material is used in dam 
construction.

    For mill tailings after disposal the pile shall be considered to 
consist of only one region.
    2.1.3  Number of Flux Measurements. Radon flux measurements shall be 
made within each region on the pile, except for those areas covered with 
water. Measurements shall be made at regularly spaced locations across 
the surface of the region, realizing that surface roughness will 
prohibit measurements in some areas of a region. The minimum number of 
flux measurements considered necessary to determine a representative 
mean radon flux value for each type of region on an operating pile is:

    (a) Water covered area--no measurements required as radon flux is 
assumed to be zero,
    (b) Water saturated beaches--100 radon flux measurements,
    (c) Loose and dry top surface--100 radon flux measurements,
    (d) Sides--100 radon flux measurements, except where earthern 
material is used in dam construction.

    For a mill tailings pile after disposal which consists of only one 
region a minimum of 100 measurements are required.
    2.1.4  Restrictions to Radon Flux Measurements. The following 
restrictions are placed on making radon flux measurements:

    (a) Measurements shall not be initiated within 24 hours of a 
rainfall.
    (b) If a rainfall occurs during the 24 hour measurements period, the 
measurement is invalid if the seal around the lip of the collector has 
washed away or if the collector is surrounded by water.
    (c) Measurements shall not be performed if the ambient temperature 
is below 35 deg.F or if the ground is frozen.

    2.1.5  Areas of Pile Regions. The approximate area of each region of 
the pile shall be determined in units of square meters.
    2.1.6  Radon Flux Measurement. Measuring radon flux involves the 
adsorption of radon on activated charcoal in a large-area collector. The 
radon collector is placed on the surface of the pile area to be measured 
and allowed to collect radon for a time period of 24 hours. The radon 
collected on the charcoal is measured by gamma-ray spectroscopy. The 
detailed measurement procedure provided in appendix A of EPA 520/5-85-
0029(1) shall be used to measure the radon flux on uranium mill 
tailings, except the surface of the tailings shall not be penetrated by 
the lip of the radon collector as directed in the procedure, rather the 
collector shall be carefully positioned on a flat surface with soil or 
tailings used to seal the edge.
    2.1.7  Calculations. The mean radon flux for each region of the pile 
and for the total pile shall be calculated and reported as follows:

    (a) The individual radon flux calculations shall be made as provided 
in appendix A EPA 86 (1). The mean radon flux for each region of the 
pile shall be calculated by summing all individual flux measurements for 
the region and dividing by the total number of flux measurements for the 
region.
    (b) The mean radon flux for the total uranium mill tailings pile 
shall be calculated as follows.


                                                                                                                
                                                 J1A1 + . . . J2A2 . . . JiAi                                   
                      Js=                      -------------------------------                                  
                                                              At                                                
                                                                                                                


Where:
Js=Mean flux for the total pile (pCi/m2-s)
Ji=Mean flux measured in region i (pCi/m2-s)
Ai=Area of region i (m2)
At=Total area of the pile (m2)

    2.1.8  Reporting. The results of individual flux measurements, the 
approximate locations on the pile, and the mean radon flux for each 
region and the mean radon flux for the total stack shall be included in 
the emission test report. Any condition or unusual event that occurred 
during the measurements that could significantly affect the results 
should be reported.
    3.0  Radon-222 Emissions from Phosphogypsum Stacks.
    3.1  Measurement and Calculation of the Mean Radon Flux. Radon flux 
measurements shall be made on phosphogypsum stacks as described below:
    3.1.1  Frequency of Measurements. A single set of radon flux 
measurements may be

[[Page 281]]

made after the phosphogypsum stack becomes inactive, or if the owner or 
operator chooses, more frequent measurements may be made over a one year 
period. These measurements may involve quarterly, monthly or weekly 
intervals. All radon measurements shall be made as described in 
paragraphs 3.1.2 through 3.1.6 except that for measurements made over a 
one year period, the requirement of paragraph 3.1.4(c) shall not apply. 
For measurements made over a one year period, the radon flux shall be 
the arithmetic mean of the mean radon flux for each measurement period.
    3.1.2  Distribution and Number of Flux Measurements. The 
distribution and number of radon flux measurements required on a stack 
will depend on clearly defined areas of the stack (called regions) that 
can have significantly different radon fluxes due to surface conditions. 
The mean radon flux shall be determined for each individual region of 
the stack. Regions that shall be considered are:

    (a) Water covered areas,
    (b) Water saturated areas (beaches),
    (c) Loose and dry top surface areas,
    (d) Hard-packed roadways, and
    (e) Sides.

    3.1.3  Number of Flux Measurements. Radon flux measurements shall be 
made within each region on the phosphogypsum stack, except for those 
areas covered with water. Measurements shall be made at regularly spaced 
locations across the surface of the region, realizing that surface 
roughness will prohibit measurements in some areas of a region. The 
minimum number of flux measurements considered necessary to determine a 
representative mean radon flux value for each type of region is:

    (a) Water covered area--no measurements required as radon flux is 
assumed to be zero,
    (b) Water saturated beaches--50 radon flux measurements,
    (c) Loose and dry top surface--100 radon flux measurements,
    (d) Hard-packed roadways--50 radon flux measurements, and
    (e) Sides--100 radon flux measurements.

A minimum of 300 measurements are required. A stack that has no water 
cover can be considered to consist of two regions, top and sides, and 
will require a minimum of only 200 measurements.
    3.1.4  Restrictions to Radon Flux Measurements. The following 
restrictions are placed on making radon flux measurements:

    (a) Measurements shall not be initiated within 24 hours of a 
rainfall.
    (b) If a rainfall occurs during the 24 hour measurement period, the 
measurement is invalid if the seal around the lip of the collector has 
washed away or if the collector is surrounded by water.
    (c) Measurements shall not be performed if the ambient temperature 
is below 35  deg.F or if the ground is frozen.

    3.1.5  Areas of Stack Regions. The approximate area of each region 
of the stack shall be determined in units of square meters.
    3.1.6  Radon Flux Measurements. Measuring radon flux involves the 
adsorption of radon on activated charcoal in a large-area collector. The 
radon collector is placed on the surface of the stack area to be 
measured and allowed to collect radon for a time period of 24 hours. The 
radon collected on the charcoal is measured by gamma-ray spectroscopy. 
The detailed measurement procedure provided in appendix A of EPA 520/5-
85-0029(1) shall be used to measure the radon flux on phosphogypsum 
stacks, except the surface of the phosphogypsum shall not be penetrated 
by the lip of the radon collector as directed in the procedure, rather 
the collector shall be carefully positioned on a flat surface with soil 
or phosphogypsum used to seal the edge.
    3.1.7  Calculations. The mean radon flux for each region of the 
phosphogypsum stack and for the total stack shall be calculated and 
reported as follows:

    (a) The individual radon flux calculations shall be made as provided 
in appendix A EPA 86 (1). The mean radon flux for each region of the 
stack shall be calculated by summing all individual flux measurements 
for the region and dividing by the total number of flux measurements for 
the region.
    (b) The mean radon flux for the total phosphogypsum stack shall be 
calculated as follows.


                                                                                                                
                                                  J1 A1 + J2 A2 + . . . Ji Ai                                   
                    Js=                     --------------------------------------                              
                                                              At                                                
                                                                                                                


Where:
Js=Mean flux for the total stack (pCi/m2-s)
Ji=Mean flux measured in region i (pCi/m2-s)
Ai=Area of region i (m2)
At=Total area of the stack

    3.1.8  Reporting. The results of individual flux measurements, the 
approximate locations on the stack, and the mean radon flux for each 
region and the mean radon flux for the total stack shall be included in 
the emission test report. Any condition or unusual event that occurred 
during the measurements that could significantly affect the results 
should be reported.
    4.0  Quality Assurance Procedures for Measuring Rn-222 Flux

[[Page 282]]

                         A. Sampling Procedures

    Records of field activities and laboratory measurements shall be 
maintained. The following information shall be recorded for each 
charcoal canister measurement:

(a) Site
(b) Name of pile
(c) Sample location
(d) Sample ID number
(e) Date and time on
(f) Date and time off
(g) Observations of meteorological conditions and comments

    Records shall include all applicable information associated with 
determining the sample measurement, calculations, observations, and 
comments.
    B. Sample Custody
    Custodial control of all charcoal samples exposed in the field shall 
be maintained in accordance with EPA chain-of-custody field procedures. 
A control record shall document all custody changes that occur between 
the field and laboratory personnel.
    C. Calibration Procedures and Frequency
    The radioactivity of two standard charcoal sources, each containing 
a carefully determined quantity of radium-226 uniformly distributed 
through 180g of activated charcoal, shall be measured. An efficiency 
factor is computed by dividing the average measured radioactivity of the 
two standard charcoal sources, minus the background, in cpm by the known 
radioactivity of the charcoal sources in dpm. The same two standard 
charcoal sources shall be counted at the beginning and at the end of 
each day's counting as a check of the radioactivity counting equipment. 
A background count using unexposed charcoal should also be made at the 
beginning and at the end of each counting day to check for inadvertent 
contamination of the detector or other changes affecting the background. 
The unexposed charcoal comprising the blank is changed with each new 
batch of charcoal used.
    D. Internal Quality Control Checks and Frequency
    The charcoal from every tenth exposed canister shall be recounted. 
Five percent of the samples analyzed shall be either blanks (charcoal 
having no radioactivity added) or samples spiked with known quantities 
of radium-226.
    E. Data Precision, Accuracy, and Completeness
    The precision, accuracy, and completeness of measurements and 
analyses shall be within the following limits for samples measuring 
greater than 1.0 pCi/m\2\-s.
    (a) Precision: 10%
    (b) Accuracy: 10%
    (c) Completeness: at least 85% of the measurements must yield 
useable results.

                             5.0 References

    (1) Hartley, J.N. and Freeman, H.D., ``Radon Flux Measurements on 
Gardinier and Royster phosphogypsum Piles Near Tampa and Mulberry, 
Florida,'' U.S. Environmental Protection Agency Report, EPA 520/5-85-
029, January 1986.
    (2) Environmental Protection Agency, ``Indoor Radon and Radon Decay 
Product Measurement Protocols'', EPA 520/1-89-009, U.S. Environmental 
Protection Agency, Washington, DC. (1989).

[38 FR 8826, Apr. 6, 1973]

    Editorial Note: For Federal Register citations to appendix B see the 
List of CFR Sections Affected appearing in the Finding Aids section of 
this volume.

           Appendix C to Part 61--Quality Assurance Procedures

 Procedure 1--Determination of Adequate Chromatographic Peak Resolution

    In this method of dealing with resolution, the extent to which one 
chromatographic peak overlaps another is determined.
    For convenience, consider the range of the elution curve of each 
compound as running from -2 to +2. This range is used 
in other resolution criteria, and it contains 95.45 percent of the area 
of a normal curve. If two peaks are separated by a known distance, b, 
one can determine the fraction of the area of one curve that lies within 
the range of the other. The extent to which the elution curve of a 
contaminant compound overlaps the curve of a compound that is under 
analysis is found by integrating the contaminant curve over the limits 
b-2s to b+2s, where s is the 
standard deviation of the sample curve.
    This calculation can be simplified in several ways. Overlap can be 
determined for curves of unit area; then actual areas can be introduced. 
Desired integration can be resolved into two integrals of the normal 
distribution function for which there are convenient calculation 
programs and tables. An example would be Program 15 in Texas Instruments 
Program Manual ST1, 1975, Texas Instruments, Inc., Dallas, Texas 75222.

[[Page 283]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.034



[[Page 284]]

    In judging the suitability of alternate GC columns or the effects of 
altering chromatographic conditions, one can employ the area overlap as 
the resolution parameter with a specific maximum permissible value.
    The use of Gaussian functions to describe chromatographic elution 
curves is widespread. However, some elution curves are highly 
asymmetric. In cases where the sample peak is followed by a contaminant 
that has a leading edge that rises sharply but the curve then tails off, 
it may be possible to define an effective width for tc as ``twice 
the distance from the leading edge to a perpendicular line through the 
maxim of the contaminant curve, measured along a perpendicular bisection 
of that line.''

          Procedure 2--Procedure for Field Auditing GC Analysis

    Responsibilities of audit supervisor and analyst at the source 
sampling site include the following:
    A. The audit supervisor verifies that audit cylinders are stored in 
a safe location both before and after the audit to prevent vandalism.
    B. At the beginning and conclusion of the audit, the analyst records 
each cylinder number and pressure. An audit cylinder is never analyzed 
when the pressure drops below 200 psi.
    C. During the audit, the analyst performs a minimum of two 
consecutive analyses of each audit cylinder gas. The audit must be 
conducted to coincide with the analysis of source test samples, normally 
immediately after GC calibration and prior to sample analyses.
    D. At the end of audit analyses, the audit supervisor requests the 
calculated concentrations from the analyst and compares the results with 
the actual audit concentrations. If each measured concentration agrees 
with the respective actual concentration within plus-minus10 
percent, he directs the analyst to begin analyzing source samples. Audit 
supervisor judgment and/or supervisory policy determine action when 
agreement is not within plus-minus10 percent. When a consistent 
bias in excess of 10 percent is found, it may be possible to proceed 
with the sample analysis, with a corrective factor to be applied to the 
results at a later time. However, every attempt should be made to locate 
the cause of the discrepancy, as it may be misleading. The audit 
supervisor records each cylinder number, cylinder pressure (at the end 
of the audit), and all calculated concentrations. The individual being 
audited must not under any circumstance be told actual audit 
concentrations until calculated concentrations have been submitted to 
the audit supervisor.

                           Field Audit Report

    Part A.--To be filled out by organization supplying audit cylinders.
    1. Organization supplying audit sample(s) and shipping address
_______________________________________________________________________
    2. Audit supervisor, organization, and phone number
_______________________________________________________________________
_______________________________________________________________________
    3. Shipping instructions: Name, Address, Attention
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
14. Guaranteed arrival date for cylinders_______________________________
5. Planned shipping date for cylinders__________________________________
    6. Details on audit cylinders from last analysis

                                                                        
------------------------------------------------------------------------
                                                   Low conc.  High conc.
------------------------------------------------------------------------
a. Date of last analysis........................  ..........  ..........
b. Cylinder number..............................  ..........  ..........
c. Cylinder pressure, psi.......................  ..........  ..........
d. Audit gas(es)/balance gas....................  ..........  ..........
e. Audit gas(es), ppm...........................  ..........  ..........
f. Cylinder construction........................  ..........  ..........
------------------------------------------------------------------------

    Part B.--To be filled out by audit supervisor.
1. Process sampled______________________________________________________
_______________________________________________________________________
2. Audit location_______________________________________________________
_______________________________________________________________________
3. Name of individual audit_____________________________________________
4. Audit date___________________________________________________________
    5. Audit results:

                                                                        
------------------------------------------------------------------------
                                                         Low      High  
                                                        conc.     conc. 
                                                      cylinder  cylinder
------------------------------------------------------------------------
a. Cylinder number..................................  ........  ........
b. Cylinder pressure before audit, psi..............  ........  ........
c. Cylinder pressure after audit, psi...............  ........  ........
d. Measured concentration, ppm Injection 1*                            
 Injection 2* Average..............................  ........  ........
e. Actual audit concentration, ppm (Part A, 6e).....  ........  ........
f. Audit accuracy:\1\                                                   
  Low Conc. Cylinder................................  ........  ........
  High Conc. Cylinder...............................  ........  ........
Percent\1\ accuracy =                                                   
                                                                        
 Measured Conc.-Actual Conc.                                            
--------------------------------  x 100                                 
        Actual Conc.                                                    
                                                                        
g. Problems detected (if any).......................  ........  ........
------------------------------------------------------------------------
\1\ Results of two consecutive injections that meet the sample analysis 
  criteria of the test method.                                          



[[Page 285]]

[47 FR 39178, Sept. 7, 1982]

                                     

  Appendix D to Part 61--Methods for Estimating Radionuclide Emissions

                        1. Purpose and Background

    Facility owners or operators may estimate radionuclide emissions to 
the atmosphere for dose calculations instead of measuring emissions. 
Particulate emissions from mill tailings piles should be estimated using 
the procedures listed in reference 2. All other emissions may be 
estimated by using the ``Procedures'' listed below, or using the method 
described in reference 1.

                              2. Procedure

    To estimate emissions to the atmosphere:
    (a) Determine the amount (in curies) used at facilities for the 
period under consideration. Radioactive materials in sealed packages 
that remain unopened, and have not leaked during the assessment period 
should not be included in the calculation.
    (b) Multiply the amount used by the following factors which depend 
on the physical state of the radionuclide. They are:
    (i) 1 for gases;
    (ii) 10-3 for liquids or particulate solids; and
    (iii) 10-6 for solids.
    If any nuclide is heated to a temperature of 100 degrees Celsius or 
more, boils at a temperature of 100 degrees Celsius or less, or is 
intentionally dispersed into the environment, it must be considered to 
be a gas.
    (c) If a control device is installed between the place of use and 
the point of release, multiply emissions from (b) by an adjustment 
factor. These are presented in Table 1.

                          Table 1--Adjustment to Emission Factors for Effluent Controls                         
----------------------------------------------------------------------------------------------------------------
                                     Types of radionuclides     Adjustment factor to                            
             Controls                      controlled                 emissions          Comments and conditions
----------------------------------------------------------------------------------------------------------------
HEPA filters.....................  Particulates.............  0.01....................  Not applicable to       
                                                                                         gaseous radionuclides; 
                                                                                         periodic testing is    
                                                                                         prudent to ensure high 
                                                                                         removal efficiency.    
Fabric filter....................  Particulates.............  0.1.....................  Monitoring would be     
                                                                                         prudent to guard       
                                                                                         against tears in       
                                                                                         filter.                
Sintered metal...................  Particulates.............  1.......................  Insufficient data to    
                                                                                         make recommendation.   
Activated carbon filters.........  Iodine gas...............  0.1.....................  Efficiency is time      
                                                                                         dependent; monitoring  
                                                                                         is necessary to ensure 
                                                                                         effectiveness.         
Douglas bags: Held one week or     Xenon....................  0.5/wk..................  Based on xenon half-life
 longer for decay.                                                                       of 5.3 days;           
Douglas bags: Released within one  Xenon....................  1.......................  Provides no reduction of
 week.                                                                                   exposure to general    
                                                                                         public.                
Venturi scrubbers................  Particulates.............  0.05....................  Although venturis may   
                                   Gases....................  1.......................   remove gases,          
                                                                                         variability in gaseous 
                                                                                         removal efficiency     
                                                                                         dictates adjustment    
                                                                                         factor for particulates
                                                                                         only.                  
Packed bed scrubbers.............  Gases....................  0.1.....................  Not applicable to       
                                                                                         particulates.          
Electrostatic precipitators......  Particulates.............  0.05....................  Not applicable for      
                                                                                         gaseous radionuclides  
Xenon traps......................  Xenon....................  0.1.....................  Efficiency is time      
                                                                                         dependent; monitoring  
                                                                                         is necessary to ensure 
                                                                                         effectiveness.         
Fume hoods.......................  All......................  1.......................  Provides no reduction to
                                                                                         general public         
                                                                                         exposures.             
Vent stacks......................  All......................  1.......................  Generally provides no   
                                                                                         reduction of exposure  
                                                                                         to general public.     
----------------------------------------------------------------------------------------------------------------

                               References

    (1) Environmental Protection Agency, ``A Guide for Determining 
Compliance with the Clean Air Act Standards for Radionuclides Emissions 
from NRC-Licensed and Non-DOE Federal Facilities'', EPA 520/1-89-002, 
January 1989.
    (2) Nuclear Regulatory Commission, ``Methods for Estimating 
Radioactive and Toxic Airborne Source Terms for Uranium Milling 
Operations'', U.S. Nuclear Regulatory Commission Regulatory Guide 3.59, 
March 1987.

[54 FR 51711, Dec. 15, 1989]

  Appendix E to Part 61--Compliance Procedures Methods for Determining 
                        Compliance With Subpart I

                        1. Purpose and Background

    This Appendix provides simplified procedures to reduce the burden on 
Nuclear Regulatory Commission (NRC) licensees, and non-

[[Page 286]]

Department of Energy Federal facilities in determining compliance with 
40 CFR part 61, subpart I. The procedures consist of a series of 
increasingly more stringent steps, depending on the facility's potential 
to exceed the standard.
    First, a facility can be found in compliance if the quantity of 
radioactive material possessed during the year is less than that listed 
in a table of annual possession quantities. A facility will also be in 
compliance if the average annual radionuclide emission concentration is 
less than that listed in a table of air concentration levels. If the 
facility is not in compliance by these tables, it can establish 
compliance by estimating a dose using screening procedure developed by 
the National Council on Radiation Protection and Measurements with a 
radiological source term derived using EPA approved emission factors. 
These procedures are described in a ``Guide for Determining Compliance 
with the Clean Air Act Standards for Radionuclide Emissions From NRC-
Licenced and Non-DOE Federal Facilities.''
    A user-friendly computer program called COMPLY has been developed to 
reduce the burden on the regulated community. The Agency has also 
prepared a ``User's Guide for the COMPLY Code'' to assist the regulated 
community in using the code, and in handling more complex situations 
such as multiple release points. The basis for these compliance 
procedures are provided in ``Background Information Document: Procedures 
Approved for Demonstrating Compliance with 40 CFR Part 61, Subpart I''. 
The compliance model is the highest level in the COMPLY computer code 
and provides for the most realistic assessment of dose by allowing the 
use of site-specific information.

                 2. Table of Annual Possession Quantity

    (a) Table 1 may be used for determining if facilities are in 
compliance with the standard. The possession table can only be used if 
the following conditions are met:
    (i) No person lives within 10 meters of any release point; and
    (ii) No milk, meat, or vegetables are produced within 100 meters of 
any release point.
    (b) Procedures described in Reference (1) shall be used to determine 
compliance or exemption from reporting by use of Table 2.

   Table 1--Annual Possession Quantities for Environmental Compliance   
                 [Annual Possession Quantities (Ci/yr)]                 
------------------------------------------------------------------------
                                                    Liquid/             
            Radionuclide                Gaseous     powder       Solid  
                                         form*       forms       form*  
------------------------------------------------------------------------
Ac-225..............................     9.6E-05     9.6E-02     9.6E+01
Ac-227..............................     1.6E-07     1.6E-04     1.6E-01
Ac-228..............................     3.4E-03     3.4E+00     3.4E+03
Ag-106..............................     1.6E+00     1.6E+03     1.6E+06
Ag-106m.............................     2.6E-03     2.6E+00     2.6E+03
Ag-108m.............................     6.5E-06     6.5E-03     6.5E+00
Ag-110m.............................     9.4E-05     9.4E-02     9.4E+01
Ag-111..............................     6.7E-02     6.7E+01     6.7E+04
Al-26...............................     4.0E-06     4.0E-03     4.0E+00
Am-241..............................     2.3E-06     2.3E-03     2.3E+00
Am-242..............................     1.8E-02     1.8E+01     1.8E+04
Am-242m.............................     2.5E-06     2.5E-03     2.5E+00
Am-243..............................     2.3E-06     2.3E-03     2.3E+00
Am-244..............................     4.6E-02     4.6E+01     4.6E+04
Am-245..............................     7.0E+00     7.0E+03     7.0E+06
Am-246..............................     9.8E-01     9.8E+02     9.8E+05
Ar-37...............................     1.4E+06  ..........  ..........
Ar-41...............................     1.4E+00  ..........  ..........
As-72...............................     2.9E-02     2.9E+01     2.9E+04
As-73...............................     6.0E-02     6.0E+01     6.0E+04
As-74...............................     4.3E-03     4.3E+00     4.3E+03
As-76...............................     8.8E-02     8.8E+01     8.8E+04
As-77...............................     7.9E-01     7.9E+02     7.9E+05
At-211..............................     1.0E-02     1.0E+01     1.0E+04
Au-193..............................     4.2E-01     4.2E+02     4.2E+05
Au-194..............................     3.5E-02     3.5E+01     3.5E+04
Au-195..............................     3.3E-03     3.3E+00     3.3E+03
Au-198..............................     4.6E-02     4.6E+01     4.6E+04
Au-199..............................     1.5E-01     1.5E+02     1.5E+05
Ba-131..............................     1.0E-02     1.0E+01     1.0E+04
Ba-133..............................     4.9E-05     4.9E-02     4.9E+01
Ba-133m.............................     9.3E-02     9.3E+01     9.3E+04
Ba-135m.............................     5.8E-01     5.8E+02     5.8E+05
Ba-139..............................     4.7E+00     4.7E+03     4.7E+06
Ba-140..............................     2.1E-03     2.1E+00     2.1E+03
Ba-141..............................     1.3E+00     1.3E+03     1.3E+06
Ba-142..............................     1.1E+00     1.1E+03     1.1E+06
Be-7................................     2.3E-02     2.3E+01     2.3E+04
Be-10...............................     3.0E-03     3.0E+00     3.0E+03
Bi-206..............................     3.1E-03     3.1E+00     3.1E+03
Bi-207..............................     8.4E-06     8.4E-03     8.4E+00
Bi-210..............................     4.2E-03     4.2E+00     4.2E+03
Bi-212..............................     4.7E-02     4.7E+01     4.7E+04
Bi-213..............................     6.0E-02     6.0E+01     6.0E+04
Bi-214..............................     1.4E-01     1.4E+02     1.4E+05
Bk-249..............................     7.0E-04     7.0E-01     7.0E+02
Bk-250..............................     1.0E-01     1.0E+02     1.0E+05
Br-77...............................     7.5E-02     7.5E+01     7.5E+04
Br-80...............................     1.2E+01     1.2E+04     1.2E+07
Br-80m..............................     1.5E+00     1.5E+03     1.5E+06
Br-82...............................     1.6E-02     1.6E+01     1.6E+04
Br-83...............................     9.9E+00     9.9E+03     9.9E+06
Br-84...............................     5.6E-01     5.6E+02     5.6E+05
C-11................................     1.3E+00     1.3E+03     1.3E+06
C-14................................     2.9E-01     2.9E+02     2.9E+05
Ca-41...............................     2.7E-02     2.7E+01     2.7E+04
Ca-45...............................     5.8E-02     5.8E+01     5.8E+04
Ca-47...............................     1.1E-02     1.1E+01     1.1E+04
Cd-109..............................     5.0E-03     5.0E+00     5.0E+03
Cd-113..............................     3.3E-04     3.3E-01     3.3E+02
Cd-113m.............................     4.4E-04     4.4E-01     4.4E+02
Cd-115..............................     5.4E-02     5.4E+01     5.4E+04
Cd-115m.............................     1.0E-02     1.0E+01     1.0E+04
Cd-117..............................     5.6E-02     5.6E+01     5.6E+04
Cd-117m.............................     1.3E-01     1.3E+02     1.3E+05
Ce-139..............................     2.6E-03     2.6E+00     2.6E+03
Ce-141..............................     1.8E-02     1.8E+01     1.8E+04
Ce-143..............................     1.0E-01     1.0E+02     1.0E+05
Ce-144..............................     1.7E-03     1.7E+00     1.7E+03
Cf-248..............................     2.0E-05     2.0E-02     2.0E+01
Cf-249..............................     1.7E-06     1.7E-03     1.7E+00
Cf-250..............................     4.0E-06     4.0E-03     4.0E+00
Cf-251..............................     1.7E-06     1.7E-03     1.7E+00

[[Page 287]]

                                                                        
Cf-252..............................     6.4E-06     6.4E-03     6.4E+00
Cf-253..............................     3.3E-04     3.3E-01     3.3E+02
Cf-254..............................     3.6E-06     3.6E-03     3.6E+00
Cl-36...............................     1.9E-04     1.9E-01     1.9E+02
Cl-38...............................     6.5E-01     6.5E+02     6.5E+05
Cm-242..............................     6.0E-05     6.0E-02     6.0E+01
Cm-243..............................     3.3E-06     3.3E-03     3.3E+00
Cm-244..............................     4.2E-06     4.2E-03     4.2E+00
Cm-245..............................     2.3E-06     2.3E-03     2.3E+00
Cm-246..............................     2.3E-06     2.3E-03     2.3E+00
Cm-247..............................     2.3E-06     2.3E-03     2.3E+00
Cm-248..............................     6.4E-07     6.4E-04     6.4E-01
Cm-249..............................     4.6E+00     4.6E+03     4.6E+06
Cm-250..............................     1.1E-07     1.1E-04     1.1E-01
Co-56...............................     2.4E-04     2.4E-01     2.4E+02
Co-57...............................     1.6E-03     1.6E+00     1.6E+03
Co-58...............................     9.0E-04     9.0E-01     9.0E+02
Co-58m..............................     1.7E-01     1.7E+02     1.7E+05
Co-60...............................     1.6E-05     1.6E-02     1.6E+01
Co-60m..............................     4.0E+00     4.0E+03     4.0E+06
Co-61...............................     3.8E+00     3.8E+03     3.8E+06
Cr-49...............................     9.0E-01     9.0E+02     9.0E+05
Cr-51...............................     6.3E-02     6.3E+01     6.3E+04
Cs-129..............................     1.5E-01     1.5E+02     1.5E+05
Cs-131..............................     2.8E-01     2.8E+02     2.8E+05
Cs-132..............................     1.3E-02     1.3E+01     1.3E+04
Cs-134..............................     5.2E-05     5.2E-02     5.2E+01
Cs-134m.............................     3.2E-01     3.2E+02     3.2E+05
Cs-135..............................     2.4E-02     2.4E+01     2.4E+04
Cs-136..............................     2.1E-03     2.1E+00     2.1E+03
Cs-137..............................     2.3E-05     2.3E-02     2.3E+01
Cs-138..............................     4.4E-01     4.4E+02     4.4E+05
Cu-61...............................     4.0E-01     4.0E+02     4.0E+05
Cu-64...............................     5.2E-01     5.2E+02     5.2E+05
Cu-67...............................     1.5E-01     1.5E+02     1.5E+05
Dy-157..............................     4.4E-01     4.4E+02     4.4E+05
Dy-165..............................     5.6E+00     5.6E+03     5.6E+06
Dy-166..............................     8.1E-02     8.1E+01     8.1E+04
Er-169..............................     4.0E-01     4.0E+02     4.0E+05
Er-171..............................     3.6E-01     3.6E+02     3.6E+05
Es-253..............................     2.6E-04     2.6E-01     2.6E+02
Es-254..............................     2.3E-05     2.3E-02     2.3E+01
Es-254m.............................     1.8E-03     1.8E+00     1.8E+03
Eu-152..............................     1.6E-05     1.6E-02     1.6E+01
Eu-152m.............................     3.5E-01     3.5E+02     3.5E+05
Eu-154..............................     2.0E-05     2.0E-02     2.0E+01
Eu-155..............................     5.2E-04     5.2E-01     5.2E+02
Eu-156..............................     3.2E-03     3.2E+00     3.2E+03
F-18................................     5.6E-01     5.6E+02     5.6E+05
Fe-52...............................     4.9E-02     4.9E+01     4.9E+04
Fe-55...............................     1.4E-01     1.4E+02     1.4E+05
Fe-59...............................     1.3E-03     1.3E+00     1.3E+03
Fm-254..............................     1.8E-02     1.8E+01     1.8E+04
Fm-255..............................     4.0E-03     4.0E+00     4.0E+03
Fr-223..............................     1.4E-01     1.4E+02     1.4E+05
Ga-66...............................     5.6E-02     5.6E+01     5.6E+04
Ga-67...............................     1.1E-01     1.1E+02     1.1E+05
Ga-68...............................     7.6E-01     7.6E+02     7.6E+05
Ga-72...............................     3.6E-02     3.6E+01     3.6E+04
Gd-152..............................     4.4E-06     4.4E-03     4.4E+00
Gd-153..............................     2.0E-03     2.0E+00     2.0E+03
Gd-159..............................     6.8E-01     6.8E+02     6.8E+05
Ge-68...............................     2.3E-04     2.3E-01     2.3E+02
Ge-71...............................     2.6E+00     2.6E+03     2.6E+06
Ge-77...............................     1.0E-01     1.0E+02     1.0E+05
H-3.................................     1.5E+01     1.5E+04     1.5E+07
Hf-181..............................     2.5E-03     2.5E+00     2.5E+03
Hg-193m.............................     9.5E-02     9.5E+01     9.5E+04
Hg-197..............................     2.4E-01     2.4E+02     2.4E+05
Hg-197m.............................     2.5E-01     2.5E+02     2.5E+05
Hg-203..............................     5.2E-03     5.2E+00     5.2E+03
Ho-166..............................     2.8E-01     2.8E+02     2.8E+05
Ho-166m.............................     6.0E-06     6.0E-03     6.0E+00
I-123...............................     4.9E-01     4.9E+02     4.9E+05
I-124...............................     9.3E-03     9.3E+00     9.3E+03
I-125...............................     6.2E-03     6.2E+00     6.2E+03
I-126...............................     3.7E-03     3.7E+00     3.7E+03
I-128...............................     9.3E+00     9.3E+03     9.3E+06
I-129...............................     2.6E-04     2.6E-01     2.6E+02
I-130...............................     4.6E-02     4.6E+01     4.6E+04
I-131...............................     6.7E-03     6.7E+00     6.7E+03
I-132...............................     2.0E-01     2.0E+02     2.0E+05
I-133...............................     6.7E-02     6.7E+01     6.7E+04
I-134...............................     3.2E-01     3.2E+02     3.2E+05
I-135...............................     1.2E-01     1.2E+02     1.2E+05
In-111..............................     4.9E-02     4.9E+01     4.9E+04
In-113m.............................     2.1E+00     2.1E+03     2.1E+06
In-114m.............................     4.9E-03     4.9E+00     4.9E+03
In-115..............................     2.7E-04     2.7E-01     2.7E+02
In-115m.............................     1.4E+00     1.4E+03     1.4E+06
In-116m.............................     3.5E-01     3.5E+02     3.5E+05
In-117..............................     1.3E+00     1.3E+03     1.3E+06
In-117m.............................     7.6E-02     7.6E+01     7.6E+04
Ir-190..............................     3.5E-03     3.5E+00     3.5E+03
Ir-192..............................     9.7E-04     9.7E-01     9.7E+02
Ir-194..............................     2.5E-01     2.5E+02     2.5E+05
Ir-194m.............................     1.5E-04     1.5E-01     1.5E+02
K-40................................     6.8E-05     6.8E-02     6.8E+01
K-42................................     2.9E-01     2.9E+02     2.9E+05
K-43................................     6.0E-02     6.0E+01     6.0E+04
K-44................................     4.9E-01     4.9E+02     4.9E+05
Kr-79...............................     7.0E+00  ..........  ..........
Kr-81...............................     1.8E+02  ..........  ..........
Kr-83m..............................     2.0E+04  ..........  ..........
Kr-85...............................     8.4E+02  ..........  ..........
Kr-85m..............................     1.1E+01  ..........  ..........
Kr-87...............................     2.0E+00  ..........  ..........
Kr-88...............................     4.2E-01  ..........  ..........
La-140..............................     1.6E-02     1.6E+01     1.6E+04
La-141..............................     1.1E+00     1.1E+03     1.1E+06
La-142..............................     2.3E-01     2.3E+02     2.3E+05
Lu-177..............................     1.4E-01     1.4E+02     1.4E+05
Lu-177m.............................     3.5E-04     3.5E-01     3.5E+02
Mg-28...............................     2.1E-02     2.1E+01     2.1E+04
Mn-52...............................     3.5E-03     3.5E+00     3.5E+03
Mn-52m..............................     5.2E-01     5.2E+02     5.2E+05
Mn-53...............................     5.7E-02     5.7E+01     5.7E+04
Mn-54...............................     2.5E-04     2.5E-01     2.5E+02
Mn-56...............................     2.5E-01     2.5E+02     2.5E+05
Mo-93...............................     1.5E-03     1.5E+00     1.5E+03
Mo-99**.............................     5.7E-02     5.7E+01     5.7E+04
Mo-101..............................     8.4E-01     8.4E+02     8.4E+05
Na-22...............................     3.2E-05     3.2E-02     3.2E+01
Na-24...............................     2.6E-02     2.6E+01     2.6E+04
Nb-90...............................     2.5E-02     2.5E+01     2.5E+04
Nb-93m..............................     1.2E-02     1.2E+01     1.2E+04
Nb-94...............................     6.0E-06     6.0E-03     6.0E+00
Nb-95...............................     2.3E-03     2.3E+00     2.3E+03
Nb-95m..............................     2.0E-02     2.0E+01     2.0E+04
Nb-96...............................     2.5E-02     2.5E+01     2.5E+04
Nb-97...............................     1.0E+00     1.0E+03     1.0E+06
Nd-147..............................     3.0E-02     3.0E+01     3.0E+04
Nd-149..............................     1.1E+00     1.1E+03     1.1E+06
Ni-56...............................     2.0E-03     2.0E+00     2.0E+03
Ni-57...............................     2.1E-02     2.1E+01     2.1E+04
Ni-59...............................     2.2E-02     2.2E+01     2.2E+04

[[Page 288]]

                                                                        
Ni-63...............................     1.4E-01     1.4E+02     1.4E+05
Ni-65...............................     7.0E-01     7.0E+02     7.0E+05
Np-235..............................     3.0E-02     3.0E+01     3.0E+04
Np-237..............................     1.8E-06     1.8E-03     1.8E+00
Np-238..............................     1.9E-02     1.9E+01     1.9E+04
Np-239..............................     1.0E-01     1.0E+02     1.0E+05
Np-240..............................     6.5E-01     6.5E+02     6.5E+05
Np-240m.............................     4.7E+00     4.7E+03     4.7E+06
Os-185..............................     9.2E-04     9.2E-01     9.2E+02
Os-191m.............................     9.0E-01     9.0E+02     9.0E+05
Os-191..............................     3.8E-02     3.8E+01     3.8E+04
Os-193..............................     2.9E-01     2.9E+02     2.9E+05
P-32................................     1.7E-02     1.7E+01     1.7E+04
P-33................................     1.2E-01     1.2E+02     1.2E+05
Pa-230..............................     6.3E-04     6.3E-01     6.3E+02
Pa-231..............................     8.3E-07     8.3E-04     8.3E-01
Pa-233..............................     9.3E-03     9.3E+00     9.3E+03
Pa-234..............................     9.3E-02     9.3E+01     9.3E+04
Pb-203..............................     8.3E-02     8.3E+01     8.3E+04
Pb-205..............................     1.2E-02     1.2E+01     1.2E+04
Pb-209..............................     1.1E+01     1.1E+04     1.1E+07
Pb-210..............................     5.5E-05     5.5E-02     5.5E+01
Pb-211..............................     1.2E-01     1.2E+02     1.2E+05
Pb-212..............................     6.0E-03     6.0E+00     6.0E+03
Pb-214..............................     1.2E-01     1.2E+02     1.2E+05
Pd-103..............................     2.1E-01     2.1E+02     2.1E+05
Pd-107..............................     8.2E-02     8.2E+01     8.2E+04
Pd-109..............................     9.4E-01     9.4E+02     9.4E+05
Pm-143..............................     7.6E-04     7.6E-01     7.6E+02
Pm-144..............................     1.1E-04     1.1E-01     1.1E+02
Pm-145..............................     5.2E-04     5.2E-01     5.2E+02
Pm-146..............................     4.4E-05     4.4E-02     4.4E+01
Pm-147..............................     2.6E-02     2.6E+01     2.6E+04
Pm-148..............................     1.7E-02     1.7E+01     1.7E+04
Pm-148m.............................     7.6E-04     7.6E-01     7.6E+02
Pm-149..............................     2.8E-01     2.8E+02     2.8E+05
Pm-151..............................     1.2E-01     1.2E+02     1.2E+05
Po-210..............................     9.3E-05     9.3E-02     9.3E+01
Pr-142..............................     2.8E-01     2.8E+02     2.8E+05
Pr-143..............................     1.0E-01     1.0E+02     1.0E+05
Pr-144..............................     1.5E+01     1.5E+04     1.5E+07
Pt-191..............................     6.4E-02     6.4E+01     6.4E+04
Pt-193..............................     2.1E-02     2.1E+01     2.1E+04
Pt-193m.............................     4.8E-01     4.8E+02     4.8E+05
Pt-195m.............................     1.4E-01     1.4E+02     1.4E+05
Pt-197..............................     1.1E+00     1.1E+03     1.1E+06
Pt-197m.............................     3.6E+00     3.6E+03     3.6E+06
Pu-236..............................     7.0E-06     7.0E-03     7.0E+00
Pu-237..............................     2.3E-02     2.3E+01     2.3E+04
Pu-238..............................     2.7E-06     2.7E-03     2.7E+00
Pu-239..............................     2.5E-06     2.5E-03     2.5E+00
Pu-240..............................     2.5E-06     2.5E-03     2.5E+00
Pu-241..............................     1.3E-04     1.3E-01     1.3E+02
Pu-242..............................     2.5E-06     2.5E-03     2.5E+00
Pu-243..............................     3.8E+00     3.8E+03     3.8E+06
Pu-244..............................     2.4E-06     2.4E-03     2.4E+00
Pu-245..............................     2.1E-01     2.1E+02     2.1E+05
Pu-246..............................     4.8E-03     4.8E+00     4.8E+03
Ra-223..............................     1.3E-04     1.3E-01     1.3E+02
Ra-224..............................     3.2E-04     3.2E-01     3.2E+02
Ra-225..............................     1.3E-04     1.3E-01     1.3E+02
Ra-226..............................     5.5E-06     5.5E-03     5.5E+00
Ra-228..............................     1.3E-05     1.3E-02     1.3E+01
Rb-81...............................     4.2E-01     4.2E+02     4.2E+05
Rb-83...............................     1.4E-03     1.4E+00     1.4E+03
Rb-84...............................     2.0E-03     2.0E+00     2.0E+03
Rb-86...............................     1.7E-02     1.7E+01     1.7E+04
Rb-87...............................     1.0E-02     1.0E+01     1.0E+04
Rb-88...............................     1.7E+00     1.7E+03     1.7E+06
Rb-89...............................     6.4E-01     6.4E+02     6.4E+05
Re-184..............................     1.8E-03     1.8E+00     1.8E+03
Re-184m.............................     3.6E-04     3.6E-01     3.6E+02
Re-186..............................     1.9E-01     1.9E+02     1.9E+05
Re-187..............................     9.3E+00     9.3E+03     9.3E+06
Re-188..............................     3.7E-01     3.7E+02     3.7E+05
Rh-103m.............................     1.7E+02     1.7E+05     1.7E+08
Rh-105..............................     3.4E-01     3.4E+02     3.4E+05
Ru-97...............................     8.3E-02     8.3E+01     8.3E+04
Ru-103..............................     3.1E-03     3.1E+00     3.1E+03
Ru-105..............................     2.9E-01     2.9E+02     2.9E+05
Ru-106..............................     5.9E-04     5.9E-01     5.9E+02
S-35................................     7.5E-02     7.5E+01     7.5E+04
Sb-117..............................     2.0E+00     2.0E+03     2.0E+06
Sb-122..............................     3.9E-02     3.9E+01     3.9E+04
Sb-124..............................     6.0E-04     6.0E-01     6.0E+02
Sb-125..............................     1.4E-04     1.4E-01     1.4E+02
Sb-126..............................     1.8E-03     1.8E+00     1.8E+03
Sb-126m.............................     7.6E-01     7.6E+02     7.6E+05
Sb-127..............................     2.0E-02     2.0E+01     2.0E+04
Sb-129..............................     1.8E-01     1.8E+02     1.8E+05
Sc-44...............................     1.4E-01     1.4E+02     1.4E+05
Sc-46...............................     4.0E-04     4.0E-01     4.0E+02
Sc-47...............................     1.1E-01     1.1E+02     1.1E+05
Sc-48...............................     1.1E-02     1.1E+01     1.1E+04
Sc-49...............................     1.0E+01     1.0E+04     1.0E+07
Se-73...............................     1.6E-01     1.6E+02     1.6E+05
Se-75...............................     1.1E-03     1.1E+00     1.1E+03
Se-79...............................     6.9E-03     6.9E+00     6.9E+03
Si-31...............................     4.7E+00     4.7E+03     4.7E+06
Si-32...............................     7.2E-04     7.2E-01     7.2E+02
Sm-147..............................     1.4E-05     1.4E-02     1.4E+01
Sm-151..............................     3.5E-02     3.5E+01     3.5E+04
Sm-153..............................     2.4E-01     2.4E+02     2.4E+05
Sn-113..............................     1.9E-03     1.9E+00     1.9E+03
Sn-117m.............................     2.3E-02     2.3E+01     2.3E+04
Sn-119m.............................     2.8E-02     2.8E+01     2.8E+04
Sn-123..............................     1.8E-02     1.8E+01     1.8E+04
Sn-125..............................     7.2E-03     7.2E+00     7.2E+03
Sn-126..............................     4.7E-06     4.7E-03     4.7E+00
Sr-82...............................     1.9E-03     1.9E+00     1.9E+03
Sr-85...............................     1.9E-03     1.9E+00     1.9E+03
Sr-85m..............................     1.5E+00     1.5E+03     1.5E+06
Sr-87m..............................     1.2E+00     1.2E+03     1.2E+06
Sr-89...............................     2.1E-02     2.1E+01     2.1E+04
Sr-90...............................     5.2E-04     5.2E-01     5.2E+02
Sr-91...............................     1.2E-01     1.2E+02     1.2E+05
Sr-92...............................     2.5E-01     2.5E+02     2.5E+05
Ta-182..............................     4.4E-04     4.4E-01     4.4E+02
Tb-157..............................     2.2E-03     2.2E+00     2.2E+03
Tb-160..............................     8.4E-04     8.4E-01     8.4E+02
Tc-95...............................     9.0E-02     9.0E+01     9.0E+04
Tc-95m..............................     1.4E-03     1.4E+00     1.4E+03
Tc-96...............................     5.6E-03     5.6E+00     5.6E+03
Tc-96m..............................     7.0E-01     7.0E+02     7.0E+05
Tc-97...............................     1.5E-03     1.5E+00     1.5E+03
Tc-97m..............................     7.2E-02     7.2E+01     7.2E+04
Tc-98...............................     6.4E-06     6.4E-03     6.4E+00
Tc-99...............................     9.0E-03     9.0E+00     9.0E+03
Tc-99m..............................     1.4E+00     1.4E+03     1.4E+06
Tc-101..............................     3.8E+00     3.8E+03     3.8E+06
Te-121..............................     6.0E-03     6.0E+00     6.0E+03
Te-121m.............................     5.3E-04     5.3E-01     5.3E+02
Te-123..............................     1.2E-03     1.2E+00     1.2E+03
Te-123m.............................     2.7E-03     2.7E+00     2.7E+03
Te-125m.............................     1.5E-02     1.5E+01     1.5E+04
Te-127..............................     2.9E+00     2.9E+03     2.9E+06

[[Page 289]]

                                                                        
Te-127m.............................     7.3E-03     7.3E+00     7.3E+03
Te-129..............................     6.5E+00     6.5E+03     6.5E+06
Te-129m.............................     6.1E-03     6.1E+00     6.1E+03
Te-131..............................     9.4E-01     9.4E+02     9.4E+05
Te-131m.............................     1.8E-02     1.8E+01     1.8E+04
Te-132..............................     6.2E-03     6.2E+00     6.2E+03
Te-133..............................     1.2E+00     1.2E+03     1.2E+06
Te-133m.............................     2.9E-01     2.9E+02     2.9E+05
Te-134..............................     4.4E-01     4.4E+02     4.4E+05
Th-226..............................     3.0E-02     3.0E+01     3.0E+04
Th-227..............................     6.4E-05     6.4E-02     6.4E+01
Th-228..............................     2.9E-06     2.9E-03     2.9E+00
Th-229..............................     4.9E-07     4.9E-04     4.9E-01
Th-230..............................     3.2E-06     3.2E-03     3.2E+00
Th-231..............................     8.4E-01     8.4E+02     8.4E+05
Th-232..............................     6.0E-07     6.0E-04     6.0E-01
Th-234..............................     2.0E-02     2.0E+01     2.0E+04
Ti-44...............................     5.2E-06     5.2E-03     5.2E+00
Ti-45...............................     4.0E-01     4.0E+02     4.0E+05
Tl-200..............................     4.4E-02     4.4E+01     4.4E+04
Tl-201..............................     1.8E-01     1.8E+02     1.8E+05
Tl-202..............................     1.0E-02     1.0E+01     1.0E+04
Tl-204..............................     2.5E-02     2.5E+01     2.5E+04
Tm-170..............................     2.4E-02     2.4E+01     2.4E+04
Tm-171..............................     5.9E-02     5.9E+01     5.9E+04
U-230...............................     5.0E-05     5.0E-02     5.0E+01
U-231...............................     1.4E-01     1.4E+02     1.4E+05
U-232...............................     1.3E-06     1.3E-03     1.3E+00
U-233...............................     7.6E-06     7.6E-03     7.6E+00
U-234...............................     7.6E-06     7.6E-03     7.6E+00
U-235...............................     7.0E-06     7.0E-03     7.0E+00
U-236...............................     8.4E-06     8.4E-03     8.4E+00
U-237...............................     4.7E-02     4.7E+01     4.7E+04
U-238...............................     8.6E-06     8.6E-03     8.6E+00
U-239...............................     8.3E+00     8.3E+03     8.3E+06
U-240...............................     1.8E-01     1.8E+02     1.8E+05
V-48................................     1.4E-03     1.4E+00     1.4E+03
V-49................................     1.3E+00     1.3E+03     1.3E+06
W-181...............................     1.1E-02     1.1E+01     1.1E+04
W-185...............................     1.6E-01     1.6E+02     1.6E+05
W-187...............................     1.1E-01     1.1E+02     1.1E+05
W-188...............................     1.0E-02     1.0E+01     1.0E+04
Xe-122..............................     7.6E-02     7.6E+01     7.6E+04
Xe-123..............................     1.6E+00     1.6E+03     1.6E+06
Xe-125..............................     6.0E-01  ..........  ..........
Xe-127..............................     7.0E+00  ..........  ..........
Xe-129m.............................     7.6E+01  ..........  ..........
Xe-131m.............................     2.2E+02  ..........  ..........
Xe-133..............................     5.2E+01  ..........  ..........
Xe-133m.............................     6.0E+01  ..........  ..........
Xe-135..............................     7.6E+00  ..........  ..........
Xe-135m.............................     4.2E+00  ..........  ..........
Xe-138..............................     9.9E-01  ..........  ..........
Y-86................................     2.8E-02     2.8E+01     2.8E+04
Y-87................................     2.3E-02     2.3E+01     2.3E+04
Y-88................................     2.5E-04     2.5E-01     2.5E+02
Y-90................................     1.1E-01     1.1E+02     1.1E+05
Y-90m...............................     4.3E-01     4.3E+02     4.3E+05
Y-91................................     1.8E-02     1.8E+01     1.8E+04
Y-91m...............................     1.6E+00     1.6E+03     1.6E+06
Y-92................................     7.0E-01     7.0E+02     7.0E+05
Y-93................................     3.8E-01     3.8E+02     3.8E+05
Yb-169..............................     5.5E-03     5.5E+00     5.5E+03
Yb-175..............................     2.1E-01     2.1E+02     2.1E+05
Zn-62...............................     8.6E-02     8.6E+01     8.6E+04
Zn-65...............................     4.4E-04     4.4E-01     4.4E+02
Zn-69...............................     2.7E+01     2.7E+04     2.7E+07
Zn-69m..............................     2.0E-01     2.0E+02     2.0E+05
Zr-86...............................     2.4E-02     2.4E+01     2.4E+04
Zr-88...............................     2.7E-04     2.7E-01     2.7E+02
Zr-89...............................     1.6E-02     1.6E+01     1.6E+04
Zr-93...............................     2.8E-03     2.8E+00     2.8E+03
Zr-95...............................     6.4E-04     6.4E-01     6.4E+02
Zr-97...............................     4.6E-02     4.6E+01     4.6E+04
------------------------------------------------------------------------
*Radionuclides boiling at 100  deg.C or less, or exposed to a           
  temperature of 100  deg.C, must be considered a gas. Capsules         
  containing radionuclides in liquid or powder form can be considered to
  be solids.                                                            
**Mo-99 contained in a generator to produce Technetium-99 can be assumed
  to be a solid.                                                        

                    3. Table of Concentration Levels

    (a) Table 2 may be used for determining if facilities are in 
compliance with the standard.
    1. The concentration table as applied to emission estimates can only 
be used if all releases are from point sources and concentrations have 
been measured at the stack or vent using EPA-approved methods, and the 
distance between each stack or vent and the nearest resident is greater 
than 3 times the diameter of the stack or vent. Procedures provided in 
Ref. (1) shall be used to determine compliance or exemption from 
reporting by use of Table 2.
    2. The concentration table may be used to determine compliance with 
the standard based on environmental measurements provided these 
measurements are made in conformance with the requirements of 
Sec. 61.107(b)(5).

                         4. NCRP Screening Model

    The procedures described in Reference (4) may be used to determine 
doses to members of the general public from emissions of radionuclides 
to the atmosphere. Both the total dose from all radionuclides emitted, 
and the dose caused by radioactive iodine must be considered in 
accordance with the procedures in Ref. (1).

                       5. The COMPLY Computer Code

    The COMPLY computer code may be used to determine compliance with 
subpart I. The compliance model in the COMPLY computer code may be used 
to determine the dose to members of the general public from emissions of 
radionuclides to the atmosphere. The EPA may add radionuclides to all or 
any part of COMPLY to cover radionuclides that may be used by the 
regulated community.

[[Page 290]]



                           Table 2--Concentration Levels for Environmental Compliance                           
----------------------------------------------------------------------------------------------------------------
                                                Concentration                                     Concentration 
                Radionuclide                     (Ci/m\3\)               Radionuclide              (Ci/m\3\)    
----------------------------------------------------------------------------------------------------------------
Ac-225.....................................        9.1E-14      Bi-207.......................        1.0E-14    
Ac-227.....................................        1.6E-16      Bi-210.......................        2.9E-13    
Ac-228.....................................        3.7E-12      Bi-212.......................        5.6E-11    
Ag-106.....................................        1.9E-09      Bi-213.......................        7.1E-11    
Ag-106m....................................        1.2E-12      Bi-214.......................        1.4E-10    
Ag-108m....................................        7.1E-15      Bk-249.......................        5.6E-13    
Ag-110m....................................        9.1E-14      Bk-250.......................        9.1E-11    
Ag-111.....................................        2.5E-12      Br-77........................        4.2E-11    
Al-26......................................        4.8E-15      Br-80........................        1.4E-08    
Am-241.....................................        1.9E-15      Br-80m.......................        1.8E-09    
Am-242.....................................        1.5E-11      Br-82........................        1.2E-11    
Am-242m....................................        2.0E-15      Br-83........................        1.2E-08    
Am-243.....................................        1.8E-15      Br-84........................        6.7E-10    
Am-244.....................................        4.0E-11      C-11.........................        1.5E-09    
Am-245.....................................        8.3E-09      C-14.........................        1.0E-11    
Am-246.....................................        1.2E-09      Ca-41........................        4.2E-13    
Ar-37......................................        1.6E-03      Ca-45........................        1.3E-12    
Ar-41......................................        1.7E-09      Ca-47........................        2.4E-12    
As-72......................................        2.4E-11      Cd-109.......................        5.9E-13    
As-73......................................        1.1E-11      Cd-113.......................        9.1E-15    
As-74......................................        2.2E-12      Cd-113m......................        1.7E-14    
As-76......................................        5.0E-11      Cd-115.......................        1.6E-11    
As-77......................................        1.6E-10      Cd-115m......................        8.3E-13    
At-211.....................................        1.1E-11      Cd-117.......................        6.7E-11    
Au-193.....................................        3.8E-10      Cd-117m......................        1.6E-10    
Au-194.....................................        3.2E-11      Ce-139.......................        2.6E-12    
Au-195.....................................        3.1E-12      Ce-141.......................        6.3E-12    
Au-198.....................................        2.1E-11      Ce-143.......................        3.0E-11    
Au-199.....................................        4.8E-11      Ce-144.......................        6.2E-13    
Ba-131.....................................        7.1E-12      Cf-248.......................        1.8E-14    
Ba-133.....................................        5.9E-14      Cf-249.......................        1.4E-15    
Ba-133m....................................        5.9E-11      Cf-250.......................        3.2E-15    
Ba-135m....................................        1.8E-10      Cf-251.......................        1.4E-15    
Ba-139.....................................        5.6E-09      Cf-252.......................        5.6E-15    
Ba-140.....................................        1.3E-12      Cf-253.......................        3.1E-13    
Ba-141.....................................        1.4E-09      Cf-254.......................        3.0E-15    
Ba-142.....................................        1.3E-09      Cl-36........................        2.7E-15    
Be-7.......................................        2.3E-11      Cl-38........................        7.7E-10    
Be-10......................................        1.6E-12      Cm-242.......................        5.3E-14    
Bi-206.....................................        2.3E-12      Cm-243.......................        2.6E-15    
Cm-244.....................................        3.3E-15      Eu-156.......................        1.9E-12    
Cm-245.....................................        1.8E-15      F-18.........................        6.7E-10    
Cm-246.....................................        1.9E-15      Fe-52........................        5.6E-11    
Cm-247.....................................        1.9E-15      Fe-55........................        9.1E-12    
Cm-248.....................................        5.0E-16      Fe-59........................        6.7E-13    
Cm-249.....................................        3.7E-09      Fm-254.......................        2.0E-11    
Cm-250.....................................        9.1E-17      Fm-255.......................        4.3E-12    
Co-56......................................        1.8E-13      Fr-223.......................        3.3E-11    
Co-57......................................        1.3E-12      Ga-66........................        6.2E-11    
Co-58......................................        6.7E-13      Ga-67........................        7.1E-11    
Co-58m.....................................        1.2E-10      Ga-68........................        9.1E-10    
Co-60......................................        1.7E-14      Ga-72........................        3.8E-11    
Co-60m.....................................       .4.3E-09      Gd-152.......................        5.0E-15    
Co-61......................................        4.5E-09      Gd-153.......................        2.1E-12    
Cr-49......................................        1.1E-09      Gd-159.......................        2.9E-10    
Cr-51......................................        3.1E-11      Ge-68........................        2.0E-13    
Cs-129.....................................        1.4E-10      Ge-71........................        2.4E-10    
Cs-131.....................................        3.3E-11      Ge-77........................        1.0E-10    
Cs-132.....................................        4.8E-12      H-3..........................        1.5E-09    
Cs-134.....................................        2.7E-14      Hf-181.......................        1.9E-12    
Cs-134m....................................        1.7E-10      Hg-193m......................        1.0E-10    
Cs-135.....................................        4.0E-13      Hg-197.......................        8.3E-11    
Cs-136.....................................        5.3E-13      Hg-197m......................        1.1E-10    
Cs-137.....................................        1.9E-14      Hg-203.......................        1.0E-12    
Cs-138.....................................        5.3E-10      Ho-166.......................        7.1E-11    
Cu-61......................................        4.8E-10      Ho-166m......................        7.1E-15    
Cu-64......................................        5.3E-10      I-123........................        4.3E-10    
Cu-67......................................        5.0E-11      I-124........................        6.2E-13    
Dy-157.....................................        5.0E-10      I-125........................        1.2E-13    
Dy-165.....................................        6.7E-09      I-126........................        1.1E-13    
Dy-166.....................................        1.1E-11      I-128........................        1.1E-08    

[[Page 291]]

                                                                                                                
Er-169.....................................        2.9E-11      I-129........................        9.1E-15    
Er-171.....................................        4.0E-10      I-130........................        4.5E-11    
Es-253.....................................        2.4E-13      I-131........................        2.1E-13    
Es-254.....................................        2.0E-14      I-132........................        2.3E-10    
Es-254m....................................        1.8E-12      I-133........................        2.0E-11    
Eu-152.....................................        2.0E-14      I-134........................        3.8E-10    
Eu-152m....................................        3.6E-10      I-135........................        1.2E-10    
Eu-154.....................................        2.3E-14      In-111.......................        3.6E-11    
Eu-155.....................................        5.9E-13      In-113m......................        2.5E-09    
In-114m....................................        9.1E-13      Nb-95........................        2.2E-12    
In-115.....................................        7.1E-14      Nb-95m.......................        1.4E-11    
In-115m....................................        1.6E-09      Nb-96........................        2.4E-11    
In-116m....................................        4.2E-10      Nb-97........................        1.2E-09    
In-117.....................................        1.6E-09      Nd-147.......................        7.7E-12    
In-117m....................................        9.1E-11      Nd-149.......................        7.1E-10    
Ir-190.....................................        2.6E-12      Ni-56........................        1.7E-12    
Ir-192.....................................        9.1E-13      Ni-57........................        1.8E-11    
Ir-194.....................................        1.1E-10      Ni-59........................        1.5E-11    
Ir-194m....................................        1.7E-13      Ni-63........................        1.4E-11    
K-40.......................................        2.7E-14      Ni-65........................        8.3E-10    
K-42.......................................        2.6E-10      Np-235.......................        2.5E-11    
K-43.......................................        6.2E-11      Np-237.......................        1.2E-15    
K-44.......................................        5.9E-10      Np-238.......................        1.4E-11    
Kr-79......................................        8.3E-09      Np-239.......................        3.8E-11    
Kr-81......................................        2.1E-07      Np-240.......................        7.7E-10    
Kr-83m.....................................        2.3E-05      Np-240m......................        5.6E-09    
Kr-85......................................        1.0E-06      Os-185.......................        1.0E-12    
Kr-85m.....................................        1.3E-08      Os-191m......................        2.9E-10    
Kr-87......................................        2.4E-09      Os-191.......................        1.1E-11    
Kr-88......................................        5.0E-10      Os-193.......................        9.1E-11    
La-140.....................................        1.2E-11      P-32.........................        3.3E-13    
La-141.....................................        7.7E-10      P-33.........................        2.4E-12    
La-142.....................................        2.7E-10      Pa-230.......................        3.2E-13    
Lu-177.....................................        2.4E-11      Pa-231.......................        5.9E-16    
Lu-177m....................................        3.6E-13      Pa-233.......................        4.8E-12    
Mg-28......................................        1.5E-11      Pa-234.......................        1.1E-10    
Mn-52......................................        2.8E-12      Pb-203.......................        6.2E-11    
Mn-52m.....................................        6.2E-10      Pb-205.......................        5.6E-12    
Mn-53......................................        1.5E-11      Pb-209.......................        1.3E-08    
Mn-54......................................        2.8E-13      Pb-2I0.......................        2.8E-15    
Mn-56......................................        2.9E-10      Pb-211.......................        1.4E-10    
Mo-93......................................        1.1E-12      Pb-212.......................        6.3E-12    
Mo-99......................................        1.4E-11      Pb-214.......................        1.2E-10    
Mo-101.....................................        1.0E-09      Pd-103.......................        3.8E-11    
Na-22......................................        2.6E-14      Pd-107.......................        3.1E-11    
Na-24......................................        2.6E-11      Pd-109.......................        4.8E-10    
Nb-90......................................        2.6E-11      Pm-143.......................        9.1E-13    
Nb-93m.....................................        1.0E-11      Pm-144.......................        1.3E-13    
Nb-94......................................        7.1E-15      Pm-145.......................        6.2E-13    
Pm-146.....................................        5.3E-14      Re-184m......................        3.7E-13    
Pm-147.....................................        1.1E-11      Re-186.......................        1.8E-11    
Pm-148.....................................        5.0E-12      Re-187.......................        2.6E-10    
Pm-148m....................................        6.7E-13      Re-188.......................        1.7E-10    
Pm-149.....................................        4.2E-11      Rh-103m......................        2.1E-07    
Pm-151.....................................        7.1E-11      Rh-105.......................        1.3E-10    
Po-210.....................................        7.1E-15      Ru-97........................        6.7E-11    
Pr-142.....................................        1.1E-10      Ru-103.......................        2.6E-12    
Pr-143.....................................        7.1E-12      Ru-105.......................        2.8E-10    
Pr-144.....................................        1.8E-08      Ru-106.......................        3.4E-13    
Pt-191.....................................        4.3E-11      S-35.........................        1.3E-12    
Pt-193.....................................        1.8E-11      Sb-117.......................        2.4E-09    
Pt-193m....................................        4.8E-11      Sb-122.......................        1.4E-11    
Pt-195m....................................        3.2E-11      Sb-124.......................        5.3E-13    
Pt-197.....................................        4.0E-10      Sb-125.......................        1.6E-13    
Pt-197m....................................        2.6E-09      Sb-126.......................        1.4E-12    
Pu-236.....................................        5.9E-15      Sb-126m......................        9.1E-10    
Pu-237.....................................        1.9E-11      Sb-127.......................        7.1E-12    
Pu-238.....................................        2.1E-15      Sb-129.......................        7.7E-11    
Pu-239.....................................        2.0E-15      Sc-44........................        1.7E-10    
Pu-240.....................................        2.0E-15      Sc-46........................        4.2E-13    
Pu-241.....................................        1.0E-13      Sc-47........................        3.8E-11    

[[Page 292]]

                                                                                                                
Pu-242.....................................        2.0E-15      Sc-48........................        9.1E-12    
Pu-243.....................................        4.2E-09      Sc-49........................        1.2E-08    
Pu-244.....................................        2.0E-15      Se-73........................        1.7E-10    
Pu-245.....................................        2.1E-10      Se-75........................        1.7E-13    
Pu-246.....................................        2.2E-12      Se-79........................        1.1E-13    
Ra-223.....................................        4.2E-14      Si-31........................        5.6E-09    
Ra-224.....................................        1.5E-13      Si-32........................        3.4E-14    
Ra-225.....................................        5.0E-14      Sm-147.......................        1.4E-14    
Ra-226.....................................        3.3E-15      Sm-151.......................        2.1E-11    
Ra-228.....................................        5.9E-15      Sm-153.......................        5.9E-11    
Rb-81......................................        5.0E-10      Sn-113.......................        1.4E-12    
Rb-83......................................        3.4E-13      Sn-117m......................        5.6E-12    
Rb-84......................................        3.6E-13      Sn-119m......................        5.3E-12    
Rb-86......................................        5.6E-13      Sn-123.......................        1.1E-12    
Rb-87......................................        1.6E-13      Sn-125.......................        1.7E-12    
Rb-88......................................        2.1E-09      Sn-126.......................        5.3E-15    
Rb-89......................................        7.1E-10      Sr-82........................        6.2E-13    
Re-184.....................................        1.5E-12      Sr-85........................        1.8E-12    
Sr-85m.....................................        1.6E-09      Th-232.......................        6.2E-16    
Sr-87m.....................................        1.4E-09      Th-234.......................        2.2E-12    
Sr-89......................................        1.8E-12      Ti-44........................        6.2E-15    
Sr-90......................................        1.9E-14      Ti-45........................        4.8E-10    
Sr-91......................................        9.1E-11      Tl-200.......................        4.5E-11    
Sr-92......................................        2.9E-10      Tl-201.......................        1.0E-10    
Ta-182.....................................        4.5E-13      Tl-202.......................        5.0E-12    
Tb-157.....................................        2.5E-12      Tl-204.......................        1.2E-12    
Tb-160.....................................        7.7E-13      Tm-170.......................        3.3E-12    
Tc-95......................................        1.0E-10      Tm-171.......................        2.6E-11    
Tc-95m.....................................        1.4E-12      U-230........................        1.5E-14    
Tc-96......................................        5.6E-12      U-231........................        4.2E-11    
Tc-96m.....................................        6.7E-10      U-232........................        1.3E-15    
Tc-97......................................       .7.1E-13      U-233........................        7.1E-15    
Tc-97m.....................................        7.1E-12      U-234........................        7.7E-15    
Tc-98......................................        6.7E-15      U-235........................        7.1E-15    
Tc-99......................................        1.4E-13      U-236........................        7.7E-15    
Tc-99m.....................................        1.7E-09      U-237........................        1.0E-11    
Tc-101.....................................        4.5E-09      U-238........................        8.3E-15    
Te-121.....................................        1.0E-12      U-239........................        4.3E-09    
Te-121m....................................        1.2E-13      U-240........................        1.3E-10    
Te-123.....................................        1.4E-13      V-48.........................        1.0E-12    
Te-123m....................................        2.0E-13      V-49.........................        1.6E-10    
Te-125m....................................        3.6E-13      W-181........................        6.7E-12    
Te-127.....................................        1.0E-09      W-185........................        2.6E-12    
Te-127m....................................        1.5E-13      W-187........................        7.7E-11    
Te-129.....................................        7.7E-09      W-188........................        5.3E-13    
Te-129m....................................        1.4E-13      Xe-122.......................        9.1E-11    
Te-131.....................................        9.1E-11      Xe-123.......................        1.6E-09    
Te-131m....................................        1.0E-12      Xe-125.......................        1.1E-11    
Te-132.....................................        7.1E-13      Xe-127.......................        8.3E-09    
Te-133.....................................        9.1E-10      Xe-129m......................        9.1E-08    
Te-133m....................................        2.2E-10      Xe-131m......................        2.6E-07    
Te-134.....................................        5.3E-10      Xe-133.......................        6.2E-08    
Th-226.....................................        3.4E-11      Xe-133m......................        7.1E-08    
Th-227.....................................        3.8E-14      Xe-135.......................        9.1E-09    
Th-228.....................................        3.1E-15      Xe-135m......................        5.0E-09    
Th-229.....................................        5.3E-16      Xe-138.......................        1.2E-09    
Th-230.....................................        3.4E-15      Y-86.........................        3.0E-11    
Th-231.....................................        2.9E-10      Y-87.........................        1.7E-11    
Y-88.......................................        2.7E-13      Zn-65........................        9.1E-14    
Y-90.......................................        1.3E-11      Zn-69........................        3.2E-08    
Y-90m......................................        1.9E-10      Zn-69m.......................        1.7E-10    
Y-91.......................................        2.1E-12      Zr-86........................        2.4E-11    
Y-91m......................................        1.3E-09      Zr-88........................        3.1E-13    
Y-92.......................................        8.3E-10      Zr-89........................        1.3E-11    
Y-93.......................................        2.9E-10      Zr-93........................        2.6E-12    
Yb-169.....................................        3.7E-12      Zr-95........................        6.7E-13    
Yb-175.....................................        4.3E-11      Zr-97........................        3.8E-11    
Zn-62......................................        9.1E-11                                                      
----------------------------------------------------------------------------------------------------------------


[[Page 293]]

                              6. References

    (1) Environmental Protection Agency, ``A Guide for Determining 
Compliance with the Clean Air Act Standards for Radionuclides Emissions 
from NRC-Licensed and Non-DOE Federal Facilities'', EPA 520/1-89-002, 
October 1989.
    (2) Environmental Protection Agency, ``User's Guide for the COMPLY 
Code'', EPA 520/1-89-003, October 1989.
    (3) Environmental Protection Agency, ``Background Information 
Document: Procedures Approved for Demonstrating Compliance with 40 CFR 
Part 61, Subpart I'', EPA 520/1-89-001, January 1989.
    (4) National Council on Radiation Protection and Measurement, 
``Screening Techniques for Determining Compliance with Environmental 
Standards'' NCRP Commentary No. 3, Revision of January 1989 with 
addendum of October, 1989.

[54 FR 51711, Dec. 15, 1989]



PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS--Table of Contents




                      Subpart A--General Provisions

Sec.
62.01  Definitions.
62.02  Introduction.
62.03  Extensions.
62.04  Approval status.
62.05  Legal authority.
62.06  Negative declarations.
62.07  Emissions standards, compliance schedules.
62.08  Emission inventories and source surveillance.
62.09  Revision of plans by Administrator.
62.10  Submission to Administrator.
62.11  Severability.
62.12  Availability of applicable plans.

                           Subpart B--Alabama

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.100  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.101  Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.102  Identification of sources.

                            Subpart C--Alaska

           Fluoride Emissions From Phosphate Fertilizer Plants

62.350  Identification of plan--negative declaration.

                   Acid Mist From Sulfuric Acid Plants

62.351  Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.352  Identification of plan--negative declaration.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.353  Identification of plan--negative declaration.

                          Subpart D--[Reserved]

                           Subpart E--Arkansas

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.850  Identification of plan.
62.852  Emission inventories, source surveillance, reports.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.854  Identification of sources.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.855  Identification of sources.

     Total Reduced Sulphur Emissions from Existing Kraft Pulp Mills

62.865  Identification of sources.
62.866  Compliance schedule.

 Subpart F--Plan for the Control of Designated Pollutants From Existing 
                    Facilities (Section 111(d) Plan)

62.1100  Identification of plan.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.1101  Identification of sources.

  Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Production 
                                  Units

62.1102  Identification of sources.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.1103  Identification of plan--negative declaration.

[[Page 294]]

     Total Reduced Sulphur Emissions from Existing Kraft Pulp Mills

62.1104  Identification of sources.

                          Subpart G--[Reserved]

                         Subpart H--Connecticut

           Flouride Emissions From Phosphate Fertilizer Plants

62.1600  Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.1625  Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.1650  Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.1700  Identification of plan--negative declaration.

                           Subpart I--Delaware

           Fluoride Emissions From Phosphate Fertilizer Plants

62.1850  Identification of plan--negative declaration.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.1875  Identification of plan.

      Total Reduced Sulfur Emissions from Existing Kraft Pulp Mills

62.1900  Identification of plan--negative declaration.

        Fluoride Emissions from Primary Aluminum Reduction Plants

62.1925  Identification of plan--negative declaration.

                     Subpart J--District of Columbia

           Fluoride Emissions From Phosphate Fertilizer Plants

62.2100  Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.2101  Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.2110  Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.2120  Identification of plan--negative declaration.

                           Subpart K--Florida

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.2350  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.2351  Identification of sources.

        Fluoride Emissions from Primary Aluminum Reduction Plants

62.2352  Identification of source--negative declaration.

Total Reduced Sulfur Emissions From Kraft Pulp Mills and Tall Oil Plants

62.2353  Identification of sources.
62.2354  Compliance schedules.

                           Subpart L--Georgia

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.2600  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.2601  Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.2602  Identification of sources--Negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.2603  Identification of sources.
62.2604  [Reserved]

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.2605  Identification of sources-Negative declaration.

[[Page 295]]

                          Subpart M--[Reserved]

                            Subpart N--Idaho

        Fluoride Emissions from Existing Primary Aluminum Plants

62.3100  Identification of plan--negative declaration.

                           Subpart O--Illinois

  Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Production 
                                 Plants

62.3300  Identification of plan.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.3325  Identification of plan--negative declaration.

                           Subpart P--Indiana

           Fluoride Emissions From Phosphate Fertilizer Plants

62.3600  Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.3625  Identification of plan.

                             Subpart Q--Iowa

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.3850  Identification of plan.

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants

62.3851  Identification of sources.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.3852  Identification of source.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.3853  Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.3854  Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.3910  Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.3911  Identification of plan--negative declaration.

                            Subpart R--Kansas

      Flouride Emissions From Existing Phosphate Fertilizer Plants

62.4100  Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.4125  Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.4150  Identification of plan--negative declaration.

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants

62.4175  Identification of plan.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.4176  Identification of plan--negative declaration.

                           Subpart S--Kentucky

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.4350  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.4351  Identification of sources.

           Total Reduced Sulfur From Existing Kraft Pulp Mills

62.4352  Identification of sources.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.4353  Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.4354  Identification of plan--negative declaration.

[[Page 296]]

                          Subpart T--Louisiana

   Plan for Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.4620  Identification of plan.
62.4621  Emission standards and compliance schedules.
62.4622  Emission inventories, source surveillance, reports.
62.4623  Legal authority.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.4624  Identification of sources.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.4625  Identification of sources.
62.4626  Effective date.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.4627  Identification of sources.
62.4628  Effective date.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.4629  Identification of sources.
62.4630  Effective date.

                            Subpart U--Maine

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.4845  Identification of plan.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.4875  Identification of sources--negative declaration.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.4900  Identification of sources.

           Total Reduced Sulfur from Existing Kraft Pulp Mills

62.4925  Identification of sources.

           Flouride Emissions From Phosphate Fertilizer Plants

62.4950  Identification of plan--negative declaration.

                           Subpart V--Maryland

   Plan for Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.5100  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.5101  Identification of sources.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.5102  Identification of sources.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.5103  Identification of sources.

                        Subpart W--Massachusetts

           Fluoride Emissions From Phosphate Fertilizer Plants

62.5350  Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.5351  Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mils

62.5375  Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.5400  Identification of plan--negative declaration.

                           Subpart X--Michigan

           Fluoride Emissions From Phosphate Fertilizer Plants

62.5600  Identification of plan--negative declaration.

                          Subpart Y--Minnesota

           Fluoride Emissions From Phosphate Fertilizer Plants

62.5850  Identification of plan--negative declaration.

                         Subpart Z--Mississippi

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.6100  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.6110  Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.6120  Identification of sources.

[[Page 297]]

             Fluoride Emissions From Primary Aluminum Plants

62.6121  Identification of sources--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.6122  Identification of sources.

                       Municipal Waste Combustors

62.6123  Identification of sources--Negative declaration.

                          Subpart AA--Missouri

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.6350  Identification of plan.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.6351  Identification of sources.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.6352  Identification of sources.

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants

62.6353  Identification of sources.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.6354  Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.6355  Identification of plan--negative declaration.

                         Subpart BB--[Reserved]

                          Subpart CC--Nebraska

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.6850  Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.6875  Identification plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.6880  Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.6910  Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.6911  Identification of plan--negative declaration.

                         Subpart DD--[Reserved]

                        Subpart EE--New Hampshire

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.7325  Identification of plan.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.7350  Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.7375  Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.7400  Identification of sources--negative declaration.

           Total Reduced Sulfur From Existing Kraft Pulp Mills

62.7425  Identification of sources.

                         Subpart FF--New Jersey

           Fluoride Emissions From Phosphate Fertilizer Plants

62.7600  Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.7601  Identification of plan--negative declaration.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.7602  Identification of plan--negative declaration.

                         Subpart GG--New Mexico

62.7850  Identification of plan.

         Sulfuric Acid Mist Emissions From Sulfuric Acid Plants

62.7851  Identification of sources.

[[Page 298]]

             Fluoride Emissions From Primary Aluminum Plants

62.7852  Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.7853  Identification of plan--negative declaration.

           Fluoride Emissions From Posphate Fertilizer Plants

62.7854  Identification of plan--negative declaration

                          Subpart HH--New York

           Fluoride Emissions From Phosphate Fertilizer Plants

62.8100  Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.8102  Identification of plan.

  Fluoride Emissions From Existing Primary Aluminum Plants  [Reserved]

                       Subpart II--North Carolina

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.8350  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.8351  Identification of sources.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.8352  Identification of sources.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.8353  Identification of sources.

                         Subpart JJ--[Reserved]

                            Subpart KK--Ohio

           Fluoride Emissions From Phosphate Fertilizer Plants

62.8850  Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.8860  Identification of plan--disapproval.

                          Subpart LL--Oklahoma

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.9100  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.9110  Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.9120  Identification of plan--negative declaration.

             Fluoride Emissions From Primary Aluminum Plants

62.9130  Identification of plan--negative declaration.

           Total Reduced Sulfur From Existing Kraft Pulp Mills

62.9140  Identification of source.

                           Subpart MM--Oregon

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.9350  Identification of plan.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.9360  Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.9500  Identification of sources.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.9501  Identification of sources.

                        Subpart NN--Pennsylvania

           Fluoride Emissions From Phosphate Fertilizer Plants

62.9600  Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.9601  Identification of Plan.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.9610  Identification of plan--negative declaration.

[[Page 299]]

        Fluoride Emissions From Existing Primary Aluminum Plants

62.9620  Identification of plan--negative declaration.

                        Subpart OO--Rhode Island

           Flouride Emissions From Phosphate Fertilizer Plants

62.9850  Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.9875  Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.9900  Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.9950  Identification of plan--negative declaration.

   Municipal Waste Combustor Emissions From Existing Municipal Waste 
Combustors With the Capacity To Combust Greater Than 250 Tons Per Day of 
                          Municipal Solid Waste

62.9975  Identification of plan--negative declaration.

                       Subpart PP--South Carolina

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.10100  Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.10110  Identification of sources.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.10120  Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.10130  Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.10140  Identification of plan--negative declaration.

                         Subparts QQ--[Reserved]

                         Subparts RR--Tennessee

           Fluoride Emissions From Phosphate Fertilizer Plants

62.10602  Identification of sources--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.10625  Identification of plan.

                         Subpart SS--[Reserved]

                            Subpart TT--Utah

           Fluoride From Existing Phosphate Fertilizer Plants

62.11100  Identification of plan.

                           Subpart UU--Vermont

           Fluoride Emissions From Phosphate Fertilizer Plants

62.11350  Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.11375  Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.11400  Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.11425  Identification of plan--negative declaration.

   Municipal Waste Combustor Emissions From Existing Municipal Waste 
Combustors With the Capacity To Combust Greater Than 250 Tons Per Day of 
                          Municipal Solid Waste

62.11450  Identification of plan--negative declaration.

                          Subpart VV--Virginia

           Fluoride Emissions From Phosphate Fertilizer Plants

62.11600  Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.11601  Identification of plan.

[[Page 300]]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.11610--62.11619  [Reserved--plan not submitted]

        Fluoride Emissions From Existing Primary Aluminum Plants

62.11620  Identification of plan--negative declaration.

                         Subpart WW--Washington

           Fluoride Emissions From Phosphate Fertilizer Plants

62.11850  Identification of plan--negative declaration.

                        Subpart XX--West Virginia

           Fluoride Emissions From Phosphate Fertilizer Plants

62.12100  Identification of plan--negative declaration.

                          Subpart YY--Wisconsin

           Fluoride Emissions From Phosphate Fertilizer Plants

62.12350  Identification of plan--negative declaration.

                      Subparts ZZ--AAA--[Reserved]

                        Subpart BBB--Puerto Rico

           Fluoride Emissions From Phosphate Fertilizer Plants

62.13100  Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Plants

62.13101  Identification of plan--negative declaration.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.13102  Identification of plan--negative declaration.

               Total Reduced Sulfur From Kraft Pulp Mills

62.13103  Identification of plan--negative declaration.

                       Subpart CCC--Virgin Islands

           Fluoride Emissions From Phosphate Fertilizer Plants

62.13350  Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Plants

62.13351  Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.13352  Identification of plan--negative declaration.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.13353  Identification of plant--negative declaration.

    Authority: 42 U.S.C. 7413 and 7601.

    Source: 43 FR 51393, Nov. 3, 1978, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 62.01  Definitions.

    As used in this part, all terms not defined herein shall have the 
meaning given to them in the Clean Air Act and in part 60 of this 
chapter.



Sec. 62.02  Introduction.

    (a) This part sets forth the Administrator's approval and 
disapproval of State plans for control of designated pollutants and 
facilities, and the Administrator's promulgation of such plans or 
portions thereof. Approval of a plan or any portion of a plan is based 
on a determination by the Administrator that it meets the requirements 
of section 111(d) of the act and the provisions of part 60 of this 
chapter.
    (b) If a State does not submit a complete, approvable plan, the 
Administrator may then promulgate a substitute plan or part of a plan. 
The promulgated provision, plus the approved parts of the State plan, 
constitute the applicable plan for purposes of the act.
    (c) The Administrator will promulgate substitute provisions for the 
disapproved regulatory provisions only. If a nonregulatory provision is 
disapproved, however, it will be noted in this part and a detailed 
explanation will be sent to the State.
    (d) All approved regulatory provisions of each plan are incorporated 
by reference in this part. Section 62.12 provides information on 
availability of applicable plans. The Administrator and State and local 
agencies shall enforce (1) regulatory provisions of a plan

[[Page 301]]

approved or promulgated by the Administrator, and (2) all permit 
conditions or denials issued in carrying out the approved or promulgated 
regulations for the review of designated facilities.
    (e) Each State's plan is dealt with in a separate subpart, with 
separate headings for different pollutants and facilities. The plans 
shall include an introductory section identifying the plan by name and 
the date of its submittal. Additional sections are included as necessary 
to specifically identify disapproved provisions, to set forth reasons 
for disapproval, and to set forth provisions of the plan promulgated by 
the Administrator. Except as otherwise specified, all supplemental 
information submitted to the Administrator with respect to any plan has 
been submitted by the Governor of the State.
    (f) Revisions to applicable plans will be included in this part when 
approved or promulgated by the Administrator.



Sec. 62.03  Extensions.

    The Administrator may, whenever he determines necessary, extend the 
period for submission of any plan or plan revision or portion thereof.



Sec. 62.04  Approval status.

    The approval status of each State's plan or portions thereof, are 
set forth in each subpart. All plans are approved unless specifically 
disapproved in the appropriate subpart.



Sec. 62.05  Legal authority.

    (a) The Administrator's determination of the absence or inadequacy 
of legal authority required to be included in the plan is set forth in 
each subpart. This includes the legal authority of local agencies and 
State governmental agencies other than an air pollution control agency 
if such other agencies are assigned responsibility for carrying out a 
plan or portion thereof.
    (b) No legal authority as such is promulgated by the Administrator. 
Where required regulatory provisions are not included in the plan by the 
State because of inadequate authority, substitute provisions are 
promulgated by the Administrator.



Sec. 62.06  Negative declarations.

    A State may submit to the Administrator a letter certifying that no 
designated facilities exist in the State if such is the case. The 
negative declaration will be in lieu of a plan.



Sec. 62.07  Emission standards, compliance schedules.

    (a) In each subpart, emission standards and compliance schedules 
which have been disapproved by the Administrator are identified, and 
those promulgated by the Administrator are set forth.
    (b) The Administrator's approval or promulgation of any compliance 
schedule shall not affect the responsibility of the owner or operator to 
comply with any applicable emission limitation on or after the date for 
final compliance specified in the applicable schedule.



Sec. 62.08  Emission inventories and source surveillance.

    (a) Each subpart identifies the plan provisions for source 
surveillance which are disapproved, and sets forth the Administrator's 
promulgation of necessary provisions for requiring designated sources to 
maintain records, make reports, and submit information.
    (b) The Administrator will not promulgate provisions for disapproved 
State or local agency procedures for testing, inspection, investigation, 
or detection. However, detailed critiques of such portions will be 
provided to the State.



Sec. 62.09  Revision of plans by Administrator.

    After notice and opportunity for public hearing in each affected 
State, the Administrator may revise any provision of an applicable plan 
if:
    (a) The provision was promulgated by the Administrator and
    (b) The plan, as revised, will be consistent with the Act and with 
the requirements of part 60, subpart B of this chapter.


[[Page 302]]





Sec. 62.10  Submission to Administrator.

    Except as otherwise provided in Sec. 60.23 of this chapter, all 
requests, reports, applications, submittals, and other communications to 
the Administrator pursuant to this part shall be submitted in duplicate 
and addressed to the appropriate Regional Office of the Environmental 
Protection Agency, to the attention of the Director, Air and Hazardous 
Materials Division (Environmental Programs Division in Region II). The 
Regional Offices are as follows:

------------------------------------------------------------------------
      Region and jurisdiction covered                  Address          
------------------------------------------------------------------------
I--Connecticut, Maine, Massachusetts, New   JFK Federal Building,       
 Hampshire, Rhode Island, Vermont.           Boston, Mass. 02203.       
II--New York, New Jersey, Puerto Rico,      Federal Office Building, 26 
 Virgin Islands.                             Federal Plaza, New York,   
                                             N.Y. 10007.                
III--Delaware, District of Columbia,        Curtis Building, 6th and    
 Pennsylvania, Maryland, Virginia, West      Walnut Sts., Philadelphia, 
 Virginia.                                   Pa. 19106.                 
IV--Alabama, Florida, Georgia,              345 Courtland NE., Atlanta, 
 Mississippi, Kentucky, North Carolina,      Ga. 30308.                 
 South Carolina, Tennessee.                                             
V--Illinois, Indiana, Michigan, Minnesota,  Federal Building, 230 South 
 Ohio, Wisconsin.                            Dearborn St., Chicago, Ill,
                                             60606.                     
VI--Arkansas, Louisiana, New Mexico,        1st International Building, 
 Olkahoma, Texas.                            1201 Elm St., Dallas, Tex. 
                                             75270.                     
VII--Iowa, Kansas, Missouri, Nebraska.....  1735 Baltimore St., Kansas  
                                             City, Mo. 64108.           
VIII--Colorado, Montana, North Dakota,      916 Lincoln Towers, 1860    
 South Dakota, Utah, Wyoming.                Lincoln St., Denver, Colo. 
                                             80203.                     
IX--Arizona, California, Hawaii, Nevada,    215 Fremont St., San        
 Guam, American Samoa.                       Francisco, Calif. 94105.   
X--Washington, Oregon, Idaho, Alaska......  1200 6th Ave., Seattle,     
                                             Wash. 98101.               
------------------------------------------------------------------------



Sec. 62.11  Severability.

    The provisions promulgated in this part and the various applications 
thereof are distinct and severable. If any provision of this part or the 
application thereof to any person or circumstances is held invalid, such 
invalidity shall not affect other provisions or application of such 
provision to other persons or circumstances which can be given effect 
without the invalid provision or application.



Sec. 62.12  Availability of applicable plans.

    Copies of the applicable plans will be available for public 
inspection at the following locations:
    (a) The offices of the Directors, Air and Hazardous Materials 
Divisions at EPA Regional Offices I, III-X, and the Director, 
Environmental Programs Division at EPA Regional Office II. The addresses 
and jurisdictions covered by these appear in Sec. 62.10.
    (b) Public Information Reference Unit, Library Systems Branch, EPA 
(PM 213), 401 M Street SW., Washington, D.C. 20460.



                           Subpart B--Alabama

    Authority: Sec. 110(a) and 111(d), Clean Air Act (42 U.S.C. 7410(a) 
and 7411(d)).

    Source: 48 FR 31402, July 8, 1983, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.100   Identification of plan.

    (a) Identification of plan. Alabama Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows. (1) Control of 
sulfuric acid mist emissions from existing sulfuric acid production 
units, submitted on May 18, 1980;
    (2) Control of fluoride emissions from existing phosphate fertilizer 
plants, submitted on April 10, 1978.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants;
    (2) Phosphate fertilizer plants.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec. 62.101  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plants:
    (a) Acid plants operated by
    (1) Reichhold Chemical Company in Tuscaloosa,
    (2) Stauffer Chemical Company in Mobile, and
    (3) Estech Chemical in Dothan.
    (b) There are no oleum plants.
    (c) There are not sulfur-burning plants.
    (d) There are no bound sulfur feedstock plants.

[[Page 303]]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.102  Identification of sources.

    The plan currently does not identify any sources subject to its 
fluoride emission limits.



                            Subpart C--Alaska

    Source: 44 FR 76281, Dec. 26, 1979, unless otherwise noted.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.350  Identification of plan--negative declaration.

    The Alaska Department of Environmental Conservation submitted on 
June 9, 1977, certification that there are no existing phosphate 
fertilizer plants in the State subject to part 60, subpart B of this 
chapter.

                   Acid Mist From Sulfuric Acid Plants



Sec. 62.351  Identification of plan--negative declaration.

    The Alaska Department of Environmental Conservation submitted on 
June 9, 1977, certification that there are no existing sulfuric acid 
plants in the State subject to part 60, subpart B of this chapter.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.352  Identification of plan--negative declaration.

    The Alaska Department of Environmental Conservation submitted on 
June 9, 1977, certification that there are no existing kraft pulp mills 
in the State subject to part 60, subpart B of this chapter.

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.353  Identification of plan--negative declaration.

    The Alaska Department of Environmental Conservation submitted on 
June 9, 1977, certification that there are no existing primary aluminum 
reduction plants in the State subject to part 60, subpart B of this 
chapter.



                          Subpart D--[Reserved]



                           Subpart E--Arkansas

    Source: 47 FR 20491, May 12, 1982, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.850  Identification of plan.

    (a) Identification of plan: Arkansas Plan for the Control of 
Designated Pollutants from Existing Plants (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from sulfuric acid plants, and 
fluoride emissions from phosphate fertilizer plants, submitted on July 
11, 1979, having been adopted by the State on May 25, 1979, and letter 
dated August 6, 1981.
    (2) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulp mills submitted by the Governor on February 28, 1983, and 
adopted by the State on January 28, 1983.
    (c) Designated facilities: The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Phosphate fertilizer plants.
    (3) Kraft pulp mills.

[47 FR 20491, May 12, 1982, as amended at 49 FR 35773, Sept. 12, 1984]



Sec. 62.852  Emission inventories,    source surveillance, reports.

    (a) For purposes of this subpart, the terms ``the applicable plan'' 
and ``the plan'' in 40 CFR 52.178(b), which provides for public 
availability of emission data, include this plan.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec. 62.854  Identification of sources.

    The plan applies to existing facilities at the following existing 
phosphate fertilizer plant:
    (1) Allied Chemical Company at Helena, Arkansas.

[[Page 304]]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec. 62.855  Identification of sources.

    (a) The plan applies to existing facilities at the following 
existing sulfuric acid plants:
    (1) Olin Corporation in North Little Rock, Arkansas.
    (2) The Monsanto Company in Eldorado, Arkansas.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.865  Identification of sources.

    (a) The plan applies to existing facilities at the following kraft 
pulp mill plants:
    (1) International Paper Company in Camden, Arkansas.
    (2) International Paper Company in Pine Bluff, Arkansas.
    (3) Arkansas Kraft Corporation in Morrilton, Arkansas.
    (4) Weyerhaeuser Company in Pine Bluff, Arkansas.
    (5) Georgia-Pacific Corporation in Crossett, Arkansas.
    (6) Wekoosa Paper Company in Ashdown, Arkansas.
    (7) Potlatch Corporation of McGehee, Arkansas.

[49 FR 35773, Sept. 12, 1984]



Sec. 62.866  Compliance schedule.

    The Compliance Schedules were submitted on December 16, 1985, by the 
Governor to control total reduced Sulfur emissions from the seven kraft 
pulp mills identified in Sec. 62.865(a). The schedules specify final 
compliance dates and enforceable increments to be as expeditiously as 
practicable but not more than six years from approval of the state 
regulations; i.e., October 12, 1990.

[51 FR 40803, Nov. 10, 1986]



 Subpart F--Plan for the Control of Designated Pollutants From Existing 
                    Facilities (Section 111(d) Plan)

    Authority: Sec. 111 of the Clean Air Act, as amended (42 U.S.C. 
7411).

    Source: 47 FR 28100, June 29, 1982, unless otherwise noted.



Sec. 62.1100  Identification of plan.

    (a) State of California Designated Facility Plan (Section 111(d) 
Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of fluoride emissions from existing facilities at 
phosphate fertilizer plants, submitted on February 26 and July 16, 1979 
and April 7, 1980 having been adopted by the Districts on December 1 and 
6, 1979 and January 9, 1979. A letter clarifying the plan was submitted 
on March 27, 1979. Revisions to the plan were submitted on September 23, 
1980 and February 5 and July 6, 1981.
    (2) Control of sulfuric acid mist from existing facilities at 
sulfuric acid production units, submitted on February 26, July 16, and 
September 7, 1979 and April 7, 1980, having been adopted by the 
Districts on December 1 and 6, 1978 and January 9, 1979. Revisions to 
the plan were submitted on October 31, 1980, February 18, and May 1, 
1981.
    (3) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulping mills submitted as follows:
    (i) 9-25-79; submittal of existing rules; (a) Bay Area Air Quality 
Management District (AQMD) Rule 1, Regulation 12--Kraft Pulp Mills.
    (b) Humboldt County Air Pollution Control District Regulation 1; 
Rule 130--Definitions, Rule 240--Permit to Operate, Rule 450--Sulfide 
Emissions from Kraft Pulp Mills.
    (c) Shasta County Air Pollution Control District Rule 3:2--Specific 
Air Contaminants.
    (ii) 3-21-80; Clarification of Bay Area Rule 1, Regulation 12--Kraft 
Pulp Mills.
    (iii) 4-7-80; Summary of district rules and State laws that meet the 
requirements of 40 CFR, parts 60.23-60.26 for Designated Facilities in 
general.
    (iv) 5-29-80; revision of Bay Area AQMD Rule 1, Regulation 12--Kraft 
Pulp Mills.
    (v) 9-5-80; Evidence of public hearing and annual report schedule 
defined for Bay Area Rule 1, Regulation 12--Kraft Pulp Mills.
    (vi) 11-4-81; (a) Humboldt County APCD Rules 130--Definitions; 240--
Permit to Operate; and 450--Kraft Pulp Mills amended (7-28-81).

[[Page 305]]

    (b) Shasta County APCD Rule 3:2--Specific Contaminants amended (8-4-
81).
    (c) A summary of compliance of all districts with the requirements 
set forth in 40 CFR 60.23 through 60.26.
    (d) A list of witnesses appearing at Humboldt and Shasta Counties 
public hearings and a summary of testimonies Statewide emissions 
inventory of all TRS sources in the State.
    (c) Designated facilities: The plans apply to existing facilities in 
the following categories of sources:
    (1) Existing phosphate fertilizer plants.
    (2) Existing sulfuric acid production units.
    (3) Existing kraft pulp mills.

[47 FR 28100, June 29, 1982, as amended at 47 FR 47384, Oct. 26, 1982]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec. 62.1101  Identification of sources.

    The plan applies to existing facilities at the following phosphate 
fertilizer plants:
    (a) Occidental Chemical Company in San Joaquin County.
    (b) Simplot Company in Kings County.
    (c) Valley Nitrogen Products, Inc., in Fresno County.

  Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Production 
                                  Units



Sec. 62.1102  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid production units:
    (a) Allied Chemical Corporation in Alameda County.
    (b) Monsanto Company in Alameda County.
    (c) Occidental Chemical Company in Fresno County.
    (d) Stauffer Chemical Company in Alameda County.
    (e) Valley Nitrogen Products, Inc. in Kern County.

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.1103  Identification of plan--negative declaration.

     Total Reduced Sulphur Emissions From Existing Kraft Pulp Mills



Sec. 62.1104  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Louisiana Pacific, Antioch, Contra Costa County Pulp Mill.
    (b) Louisiana Pacific Corp., Samoa Complex.
    (c) Crown Simpson Pulp Company, Fairhaven.
    (d) Simpson Paper Company, Shasta County Pulp Mill.

[47 FR 47385, Oct. 26, 1982]



                          Subpart G--[Reserved]



                         Subpart H--Connecticut

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.1600  Identification of plan--negative declaration.

    The State Department of Environmental Protection submitted on 
November 30, 1977, a letter certifying that there are no existing 
phosphate fertilizer plants in the state subject to part 60, subpart B 
of this chapter.

[44 FR 54052, Sept. 18, 1979]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec. 62.1625  Identification of plan--negative declaration.

    The State Department of Environmental Protection submitted on 
November 30, 1977, a letter certifying that there are no existing 
sulfuric acid plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept. 18, 1979]

[[Page 306]]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills


Sec. 62.1650  Identification of plan--negative declaration.
    The State Department of Environmental Protection submitted on 
December 28, 1988, a letter certifying that there are no existing kraft 
pulp mills in the State subject to part 60, subpart B of this chapter.

[54 FR 9046 Mar. 3, 1989]
        Fluoride Emissions From Existing Primary Aluminum Plants


Sec. 62.1700  Identification of plan--negative declaration.
    The State Department of Environmental Protection submitted on 
December 28, 1988, a letter certifying that there are no existing 
primary aluminum reduction plants in the State subject to part 60, 
subpart B of this chapter.

[54 FR 9046 Mar. 3, 1989]


                           Subpart I--Delaware
           Fluoride Emissions From Phosphate Fertilizer Plants


Sec. 62.1850  Identification of plan--negative declaration.
    The Delaware Department of Natural Resources and Environmental 
Control submitted on November 7, 1977, a letter certifying that there 
are no existing phosphate fertilizer plants in the State subject to part 
60, subpart B of this chapter.

[45 FR 43412, June 27, 1980]
          Sulfuric Acid Mist From Existing Sulfuric Acid Plants


Sec. 62.1875  Identification of plan.
    (a) Title of plan: State implementation plan for control of sulfuric 
acid mist from existing sulfuric acid plants.
    (b) The plan was officially submitted on September 8, 1978 with 
amendments submitted on December 29, 1980.
    (c) Identification of Sources: The plan includes the following 
sulfuric acid plants:
    (1) Allied Chemical Company, Claymont (New Castle County).

[47 FR 10536, Mar. 11, 1982]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.1900  Identification of plan--negative declaration.

    The Delaware Department of Natural Resources and Environmental 
Control submitted on September 8, 1982, a letter certifying that there 
are no kraft pulp mills in the State subject to part 60, subpart B of 
this chapter.

[48 FR 10652, Mar. 14, 1983]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.1925  Identification of plan--negative declaration.

    The Delaware Department of Natural Resources and Environmental 
Control submitted on September 8, 1982, a letter certifying that there 
are no primary aluminum reduction plants in the State subject to part 
60, subpart B of this chapter.

[48 FR 10652, Mar. 14, 1983]



                     Subpart J--District of Columbia

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.2100  Identification of plan--negative declaration.

    The Department of Environmental Services submitted on December 12, 
1977 a letter certifying that there are no existing phosphate fertilizer 
plants in the District subject to part 60, subpart B of this chapter.

[45 FR 43412, June 27, 1980]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec. 62.2101  Identification of plan--negative declaration.

    The Director, Department of Environmental Services submitted on 
March 7, 1978 a letter certifying there are no existing sulfuric acid 
production units in the District subject to part 60, subpart B of this 
chapter.

[46 FR 41783, Aug. 18, 1981]

[[Page 307]]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.2110  Identification of plan--negative declaration.

    The Mayor of the District of Columbia submitted on July 16, 1980 a 
letter certifying there are no existing primary kraft pulp mills in the 
District subject to part 60, subpart B of this chapter.

[46 FR 41783, Aug. 18, 1981]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.2120  Identification of plan--negative declaration.

    The Mayor of the District of Columbia submitted on May 29, 1980 a 
letter certifying there are no existing primary aluminum plants in the 
District subject to part 60, subpart B of this chapter.

[46 FR 41783, Aug. 18, 1981]



                           Subpart K--Florida

    Authority: Secs. 110(a) and 111(d), Clean Air Act (42 U.S.C. 7410(a) 
and 7411(d)).

    Source: 48 FR 31402, July 8, 1983, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.2350  Identification of plan.

    (a) Identification of plan. Florida Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows. (1) Control of 
sulfuric acid mist emissions from existing sulfuric acid production 
units, submitted on December 14, 1978.
    (2) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulp mills and tall oil plants (both new and existing) submitted 
on May 24, 1985, and revision submitted on June 10, 1986, by the Florida 
Department of Environmental Regulation (FDER). No action is taken on 
sections 17-2.600(4)(c)7 and 8.
    (3) The final compliance date to achieve the TRS emission limits for 
the black liquor evaporation system, the batch digester system and the 
continuous digester system for St. Joe Paper Company in Port St. Joe is 
September 14, 1989.
    (4) The final compliance date to achieve TRS emission limits for the 
No. 5 Multiple Effect Evaporation System, batch digester system and 
Kamyr digester system for Container Corporation of America in Fernandina 
Beach, Florida is June 1, 1990.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.

[48 FR 31402, July 8, 1983, as amended at 53 FR 30053, Aug. 10, 1988; 54 
FR 40003, Sept. 29, 1989; 54 FR 48102, Nov. 21, 1989]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec. 62.2351  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plants:
    (a) Acid plants operated by:
    (1) Occidental Petroleum Company in Hamilton County,
    (2) AMAX Phosphate Inc. in Manatee County,
    (3) Conserv Chemical in Nichols,
    (4) Farmland Industry in Bartow County,
    (5) W. R. Grace Company in Polk County,
    (6) Royster Fertilizer in Polk County,
    (7) USS Agrichemicals in Polk County,
    (8) Central Farmers Co-Op in Polk County,
    (9) Agrico Chemical Company in Polk County,
    (10) Gardinier, Inc. in Hillsborough County, and
    (11) ESTECH in Polk County.
    (b) There are no oleum plants.
    (c) There are no sulfur-burning plants.
    (d) There are no bound sulfur feedstock plants.

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.2352  Identification of source--Negative declaration.

    The Florida Department of Environmental Regulation submitted on 
April 22, 1985, a letter certifying that there

[[Page 308]]

are no existing primary aluminum reduction plants in the State subject 
to part 60, subpart B of this chapter.

[50 FR 26204, June 25, 1985]

Total Reduced Sulfur Emissions From Kraft Pulp Mills and Tall Oil Plants



Sec. 62.2353  Identification of sources.

    The plan applies to existing facilities at the following existing 
kraft pulp plants and tall oil plants:
    (a) Alton Packaging Corporation in Jacksonville
    (b) Buckeye Cellulose Corporation in Perry
    (c) Champion International Corporation (Formerly St. Regis Paper 
Company) in Cantonment
    (d) Container Corporation of America in Fernandina Beach
    (e) Georgia-Pacific Corporation in Palatka
    (f) Jacksonville Kraft Paper Company in Jacksonville
    (g) St. Joe Paper Company in Port St. Joe
    (h) Southwest Forest Industries in Panama City
    (i) Arizona Chemical Company (Tall Oil Plant) in Panama City
    (j) Sylvachem Corporation (Tall Oil Plant) in Port St. Joe

[53 FR 30053, Aug. 10, 1988]



Sec. 62.2354  Compliance schedules.

    The State of Florida has provided that the individual source 
compliance schedules would be developed and submitted by the affected 
sources to the State following plan adoption; and that the increments of 
progress pursuant to 40 CFR 60.21(h) would be specified at that time; 
this is an acceptable procedure pursuant to 40 CFR 60.24(e)(2). However, 
the State must submit these schedules to EPA for approval; and these 
schedules must meet the public hearing requirements of 40 CFR 60.23 or 
ones deemed equivalent by the Administrator pursuant to 40 CFR 60.23(g).

[53 FR 30053, Aug. 10, 1988]



                           Subpart L--Georgia

    Authority: Secs. 110(a) and 111(d), Clean Air Act (42 U.S.C. 7410(a) 
and 7411(d)).

    Source: 48 FR 31402, July 8, 1983, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.2600  Identification of plan.

    (a) Identification of plan. Georgia Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows. (1) Control of 
sulfuric acid mist emissions from existing sulfuric acid production 
units, submitted on January 31, 1978;
    (2) Control of total reduced sulfur emissions from existing 
facilities at kraft pulp mills, submitted on January 8, 1982.
    (3) A compliance schedule for sources subject to the plan for the 
control of total reduced sulfur emissions from existing kraft pulp mills 
and a starting date for such rule, submitted on June 3, 1988.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants;
    (2) Kraft pulp mills.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

[48 FR 31402, July 8, 1983, as amended at 53 FR 38291, Sept. 30, 1988]



Sec. 62.2601  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plants:
    (a) Sulfur-burning plants operated by:
    (1) American Cyanamid Company in Savannah, and
    (2) Cities Service Company in Augusta.
    (b) Oleum plant of Cities Service Company in Augusta.
    (c) There are no bound sulfur feedstock plants.

           Fluoride Emissions From Phosphate Fertilizer Plants


Sec. 62.2602  Identification of     sources--Negative declaration.
    The Georgia Environmental Protection Division submitted on July 14, 
1977, a letter certifying that there are

[[Page 309]]

no existing phosphate fertilizer plants in the State subject to part 60, 
subpart B, of this chapter.
          Total Reduced Sulfur Emissions From Kraft Pulp Mills


Sec. 62.2603  Identification of sources.
    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Continental Can in Augusta,
    (b) Continental Can in Port Wentworth,
    (c) Brunswick in Brunswick,
    (d) Georgia Kraft in Rome,
    (e) Georgia Kraft in Macon,
    (f) Gilman in St. Marys,
    (g) Great Southern in Cedar Springs,
    (h) Interstate in Riceboro,
    (i) ITT Rayonier in Jesup,
    (j) Owens-Illinois in Valdosta, and
    (k) Union Camp in Savannah.
Sec. 62.2604  [Reserved]
   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec. 62.2605  Identification of     sources--Negative declaration.
    The Georgia Environmental Protection Division submitted a letter on 
October 19, 1983, certifying that there are no existing primary aluminum 
reduction plants in the State of Georgia subject to 40 CFR part 60, 
subpart B, of this chapter.

[49 FR 3855, Jan. 31, 1984]


                          Subpart M--[Reserved]


                            Subpart N--Idaho
        Fluoride Emissions From Existing Primary Aluminum Plants


Sec. 62.3100  Identification of plan--negative declaration.
    The State of Idaho Department of Health and Welfare submitted on 
February 23, 1981, certification that there are no existing primary 
aluminum plants in the State subject to part 60, subpart B of this 
chapter.

[47 FR 47250, Oct. 25, 1982]



                           Subpart O--Illinois

  Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Production 
                                 Plants



Sec. 62.3300  Identification of plan.

    (a) Title of Plan: ``Illinois Plan for the Control of Sulfuric Acid 
Mist from Existing Contract Process Sulfuric Acid Plants.''
    (b) The plan was officially submitted on August 10, 1978.
    (c) Identification of sources: The plan includes the following 
sulfuric acid production plants:
    (1) Beker Industries in LaSalle County.
    (2) U.S.I. Chemical Company in Douglas County.
    (3) Mobil Chemical Company in Bureau County.
    (4) Swift Chemical Company in Cook County.
    (5) American Cyanamid Company in Will County.
    (6) Amax Zinc Company in St. Clair County.
    (7) Monsanto Company in St. Clair County.
    (8) Smith Douglas--Division of Border Chemical in Livingston County.

[46 FR 57896, Nov. 27, 1981]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.3325  Identification of Plan--negative declaration.

    The Illinois Environmental Protection Agency submitted on July 23, 
1979, a letter certifying that there are no existing kraft pulp mills in 
the State subject to part 60, subpart B of this chapter.

[46 FR 57896 Nov. 27, 1981]



                           Subpart P--Indiana

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.3600  Identification of plan--negative declaration.

    The State Board of Health submitted on April 18, 1977, a letter 
certifying that there are no existing phosphate fertilizer plants in the 
State subject to part 60, subpart B of this chapter.

[[Page 310]]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.3625  Identification of plan.

    (a) Title of plan. ``Fluoride Emission Limitations for Existing 
Primary Aluminum Plants.''
    (b) The plan was officially submitted on January 7, 1981 by the 
Technical Secretary of the Indiana Air Pollution Control Board.
    (c) The State on July 17, 1981, submitted Alcoa methods 4075A, 
4076A, 913A, 914E and 914F as alternate test methods.

[46 FR 57896, Nov. 27, 1981, as amended at 46 FR 57897, Nov. 27, 1981]



                             Subpart Q--Iowa

    Source: 50 FR 52921, Dec. 27, 1985, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.3850  Identification of plan.

    (a) Identification of plan. Iowa Plan for Control of Designated 
Pollutants from Existing Facilities (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from existing facilities at 
sulfuric acid production plants, effective on June 16, 1971, having been 
submitted by the State on February 23, 1978. Additional information was 
provided in letters of February 7, 1983; May 13, 1985; and June 12, 
1985.
    (2) Control of fluoride emissions from existing facilities at 
phosphate fertilizer plants, effective on August 29, 1979, having been 
submitted by the State on October 19, 1979. Additional information was 
provided in letters of February 7, 1983; May 13, 1985; and June 12, 
1985.
    (3) Control of sulfur dioxide and sulfuric acid mist from sulfuric 
acid manufacturing plants in Polk County were adopted on October 26, 
1993, and submitted on March 23, 1994.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid production plants.
    (2) Phosphate fertilizer plants.

[50 FR 52921, Dec. 27, 1985, as amended at 60 FR 31092, June 13, 1995]

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants



Sec. 62.3851  Identification of sources.

    (a) The plan applies to existing facilities at the following 
sulfuric acid production plants:
    (1) Agrico Chemical Company, Fort Madison, Iowa
    (2) Koch Sulfur Products Company, Dubuque, Iowa

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec. 62.3852  Identification of sources.

    (a) The plan applies to existing facilities at the following 
phosphate fertilizer plants:
    (1) Agrico Chemical Company, Fort Madison, Iowa.
    (2) Chevron Chemical Company, Fort Madison, Iowa.
    (3) Occidental Chemical Company, Buffalo, Iowa.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.3853  Identification of plan--negative declaration.

    Letter from Executive Director of Iowa Department of Environmental 
Quality submitted on February 7, 1983, certifying that there are no 
kraft pulp mills in the State of Iowa subject to part 60, subpart B of 
this chapter.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec. 62.3854  Identification of plan--negative declaration.

    Letter from the Iowa Department of Water, Air and Waste Management 
submitted on May 13, 1985, certifying that there are no primary aluminum 
reduction plants in the State of Iowa subject to part 60, subpart B of 
this chapter.

[[Page 311]]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.3910  Identification of plan--negative declaration.

    Letter from Executive Director of Iowa Department of Environmental 
Quality submitted on February 7, 1983, certifying that there are no 
kraft pulp mills in the State of Iowa, subject to part 60, subpart B of 
this chapter.

[49 FR 43058, Oct. 26, 1984]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec. 62.3911  Identification of plan--negative declaration.

    Letter from the Administrator of the Environmental Protection 
Division of the Department of Natural Resources submitted June 4, 1991, 
certifying that there are no existing municipal waste combustors in the 
state of Iowa subject to this 111(d) requirement.

[56 FR 56321, Nov. 4, 1991]



                            Subpart R--Kansas

    Source: 49 FR 7234, Feb. 28, 1984, unless otherwise noted.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec. 62.4100  Identification of plan--negative declaration.

    Letter from the Director of the Department of Health and Environment 
submitted on August 2, 1978, certifying that there are no phosphate 
fertilizer manufacturing facilities in the State of Kansas.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.4125  Identification of plan--negative declaration.

    Letter from the Director of the Department of Health and Environment 
submitted on July 17, 1979, certifying that there are no kraft pulp 
mills in the State of Kansas.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec. 62.4150  Identification of plan--negative declaration.

    Letter from the Director, Division of Environment, Kansas Department 
of Health and Environments submitted on May 23, 1984, certifying that 
there are no primary aluminum reduction plants on the State of Kansas, 
subject to part 60, subpart B of this chapter.

[49 FR 43058, Oct. 26, 1984]

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants



Sec. 62.4175  Identification of plan.

    (a) Identification of plan. State of Kansas Implementation Plan for 
Control of Sulfuric Acid Mist from Existing Sulfuric Acid Plants.
    (b) The Plan was officially submitted on February 6, 1986.
    (c) Identification of sources. The Plan applies to existing 
facilities at the following existing sulfuric acid plant:
    (1) Koch Sulfur Products, DeSoto, Kansas.

[51 FR 37275, Oct. 21, 1986]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec. 62.4176  Identification of plan--negative declaration.

    Letter from the Director of the Bureau of Air and Waste Management 
of the Department of Health and Environment submitted July 3, 1991, 
certifying that there are no existing municipal waste combustors in the 
state of Kansas subject to this 111(d) requirement.

[56 FR 56321, Nov. 4, 1991]



                           Subpart S--Kentucky

    Source: 47 FR 22956, May 26, 1982, unless otherwise noted.

[[Page 312]]

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.4350  Identification of plan.

    (a) Identification of plan. Kentucky Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist emissions from existing facilities 
at sulfuric acid plants, total reduced sulfur emissions from existing 
facilities at kraft pulp mills, fluoride emissions from existing 
facilities at primary aluminum reduction plants, officially submitted on 
December 15, 1981.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.
    (3) Primary aluminum reduction plants.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec. 62.4351  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plant: E.I. du Pont sulfuric acid plant in Wurtland, Ky.

           Total Reduced Sulfur From Existing Kraft Pulp Mills



Sec. 62.4352  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Westvaco Corp., Fine Papers Division, Wickliffe, Ky.
    (b) Willamette Industries, Corrugated Medium Mill and Bleached Pulp 
Mill, Hawesville, Kentucky.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec. 62.4353  Identification of sources.

    The plan applies to existing facilities at the following primary 
aluminum reduction plants:
    (a) National Southwire Aluminum, Hawesville, Ky.
    (b) Anaconda Company, Aluminum Division, Henderson, Ky.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.4354  Identification of plan--negative declaration.

    The Kentucky Department for Natural Resources and Environmental 
Protection certified in a letter dated August 25, 1978, that Kentucky 
has no designated facilities in this source category.



                          Subpart T--Louisiana

    Source: 44 FR 54053, Sept. 18, 1979, unless otherwise noted.

   Plan for Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.4620  Identification of plan.

    (a) Identification of plan. Louisiana Plan for Control of Designated 
Pollutants from Existing Facilities (111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from sulfuric acid plants, and 
fluoride emissions from existing facilities at phosphate fertilizer 
plants, submitted on July 18, 1978, having been adopted by the State 
November 30, 1977, and letter dated February 16, 1982.
    (2) Control of fluoride emissions from existing facilities at 
primary aluminum plants, submitted on January 12, 1981, having been 
adopted by the State on December 11, 1980.
    (3) Control of total reduced sulfur from existing facilities at 
kraft pulp mill plants, submitted in December 1979, having been adopted 
November 27, 1979, and letter dated February 16, 1982.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Phosphate fertilizer plants.
    (3) Primary aluminum plants.
    (4) Kraft pulp mills.

[47 FR 20491--20493, May 12, 1982]



Sec. 62.4621  Emission standards and compliance schedules.

    (a) The requirements of Sec. 60.24(b)(2) of this chapter are not met 
since the test

[[Page 313]]

methods and procedures for determining compliance with the sulfuric acid 
mist emission standards are not specified.
    (b) Emissions from sulfuric acid plants must be measured by the 
methods in appendix A to part 60, or by equivalent or alternative 
methods as defined in Sec. 60.2 (t) and (u) respectively.



Sec. 62.4622  Emission inventories, source surveillance, reports.

    (a) The requirements of Sec. 60.25(a) of this chapter are not met 
since the emission inventories do not provide information as specified 
in appendix D to part 60.
    (b) The requirements of Sec. 60.25(c) of this chapter are not met 
since the plan does not provide for the disclosure of emission data, as 
correlated with applicable emission standards, to the general public.
    (c) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (c)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1-June 30 and July 1-December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the State designated by the Regional Administrator.



Sec. 62.4623  Legal authority.

    (a) The requirements of Sec. 60.26(a) of this chapter are not met 
since the plan does not provide adequate legal authority for the State 
to make emission data, as correlated with applicable emissions 
standards, available to the general public.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec. 62.4624  Identification of sources.

    Identification of sources: The plan includes the following sulfuric 
acid plants:
    (1) Agrico Chemical Company in St. James Parish.
    (2) Allied Chemical Corporation in Ascension and Iberville Parishes.
    (3) Beker Industries in St. Charles Parish.
    (4) Cities Services Oil Company in Calcasieu Parish.
    (5) E. I. du Pont de Nemours & Company, Inc. in Ascension Parish.
    (6) Freeport Chemical Company in St. James Parish.
    (7) Freeport Chemical Company in Plaquemines Parish.
    (8) Olin Corporation in Caddo Parish.

[[Page 314]]

    (9) Stauffer Chemical Company in East Baton Rouge Parish.

[44 FR 54053, Sept. 18, 1979. Redesignated at 47 FR 20491, May 12, 1982]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec. 62.4625  Identification of sources.

    (a) The Plan applies to existing facilities at the following 
phosphate fertilizer plants:
    (1) Agrico Chemical Company at Donaldsville, Louisiana.
    (2) Allied Chemical Corporation at Geismar, Louisiana.
    (3) Beker Industries at Taft, Louisiana.
    (4) Freeport Chemical at Uncle Sam, Louisiana.
    (5) Monsanto at Luling, Louisiana.

[47 FR 20491, May 12, 1982]



Sec. 62.4626  Effective date.

    (a) The effective date of the portion of the plan applicable to 
phosphate fertilizer plants is July 12, 1982.

[47 FR 20491, May 12, 1982]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.4627  Identification of sources.

    The plan applies to existing facilities at the following primary 
aluminum plants:
    (1) The Kaiser Plant at Chalmette, Louisiana.
    (2) The CONALCO Plant at Lake Charles, Louisiana.

[47 FR 20492, May 12, 1982]



Sec. 62.4628  Effective date.

    The effective date of this portion of the State's plan is July 12, 
1982.

[47 FR 20492, May 12, 1982]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.4629  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mill plants:
    (1) Boise at DeRidder, La.
    (2) Boise at Elizabeth, La.
    (3) Continental at Hodge, La.
    (4) Crown-Zellerbach at Bogalusa, La.
    (5) Crown-Zellerbach at St. Francisville, La.
    (6) Georgia-Pacific at Port Hudson, La.
    (7) International Paper at Bastrop, La.
    (8) Olinkraft at West Monroe, La.
    (9) Pineville Kraft at Pineville, La.
    (10) Western Kraft at Compte, La.

[47 FR 20493, May 12, 1982]



Sec. 62.4630  Effective date.

    The effective date of the portion of the plan applicable to kraft 
pulp mills is July 12, 1982.

[47 FR 20493, May 12, 1982]



                            Subpart U--Maine

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.4845  Identification of plan.

    (a) Identification of plan. Maine Plan for the Control of Designated 
Pollutants from Existing Plants (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist emissions from existing sulfuric 
acid production units, submitted on November 10, 1988.
    (2) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulp mills, submitted on February 15, 1990.
    (3) A revision to the plan to control TRS from existing kraft pulp 
mills, which extends the final compliance date for brown stock washers 
to January 1, 1997, was submitted on April 27, 1994.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.

[54 FR 22896, May 30, 1989, as amended at 55 FR 38548, Sept. 19, 1990; 
59 FR 50507, Oct. 4, 1994]

[[Page 315]]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.4875  Identification of     sources--negative declaration.

    The State Department of Environmental Protection submitted on 
October 3, 1988, a letter certifying that there are no existing primary 
aluminum reduction plants in the State subject to part 60, subpart B of 
this chapter.

[54 FR 9046 Mar. 3, 1989]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec. 62.4900  Identification of sources.

    The plan applies to the following existing sulfuric acid plants:
    (a) Delta Chemical in Searsport, Maine.

[54 FR 22896, May 30, 1989]

           Total Reduced Sulfur from Existing Kraft Pulp Mills



Sec. 62.4925  Identification of sources.

    (a) The plan applies to the following existing kraft pulp mills:
    (1) International Paper Company in Jay.
    (2) S.D. Warren Company in Westbrook.
    (3) Boise Cascade in Rumford.
    (4) James River Corporation in Old Town.
    (5) Georgia-Pacific Corporation in Woodland.
    (6) Lincoln Pulp and Paper Company in Lincoln.

[55 FR 38548, Sept. 19, 1990]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.4950  Identification of plan--negative declaration.

    The State Department of Environmental Protection submitted on April 
19, 1978, a letter certifying that there are no existing phosphate 
fertilizer plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept 18, 1979. Redesignated at 54 FR 22896, May 30, 1989]



                           Subpart V--Maryland

    Authority: Clean Air Act, sec. 111(d).

    Source: 49 FR 8613, Mar. 8, 1984, unless otherwise noted.

   Plan for Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.5100  Identification of plan.

    (a) Identification of plan. Maryland Plan for Control Designated 
Pollutants from Existing Facilities (Section 111(d) plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from sulfuric acid plants, 
submitted by the Secretary of Health and Mental Hygiene, State of 
Maryland on August 30, 1978.
    (2) Control of TRS emissions from kraft pulp mills, submitted by the 
Governor of Maryland on May 18, 1981, and approval of a compliance 
schedule, submitted by the State of Maryland on September 24, 1982.
    (3) Control of fluoride emissions from primary aluminum reduction 
plants, submitted by the Secretary of Health and Mental Hygiene, State 
of Maryland on January 26, 1984.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants;
    (2) Kraft pulp mills.
    (3) Primary aluminum reduction plants.

[49 FR 8613, Mar. 8, 1984, as amended at 50 FR 9628, Mar. 11, 1985]
          Sulfuric Acid Mist From Existing Sulfuric Acid Plants


Sec. 62.5101  Identification of sources.

    (a) The plan applies to the following existing sulfuric acid plants:
    (1) Olin Corporation, Baltimore City, Maryland.
      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills


Sec. 62.5102  Identification of sources.

    (a) The plan applies to existing facilities at the following kraft 
pulp mills:
    (1) Westvaco Fine Papers Divisions, Luke, Maryland.

[[Page 316]]



        Fluoride Emissions From Primary Aluminum Reduction Plants


Sec. 62.5103  Identification of sources.

    (a) The plan applies to the following existing primary aluminum 
reduction plants:
    (1) Eastalco Aluminum Plant, Frederick, Maryland.

[50 FR 9628, Mar. 11, 1985]


                        Subpart W--Massachusetts
           Fluoride Emissions From Phosphate Fertilizer Plants


Sec. 62.5350  Identification of plan--negative declaration.
    The State Department of Environmental Quality Engineering submitted 
on April 12, 1978, a letter certifying that there are no existing 
phosphate fertilizer plants in the state subject to part 60, subpart B 
of this chapter.

[44 FR 54052, Sept 18, 1979]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec. 62.5351  Identification of plan--negative declaration.

    On February 18, 1986, the Commonwealth of Massachusetts submitted a 
letter certifying that there are no existing sulfuric acid plants in the 
Commonwealth of Massachusetts.

[51 FR 40801, Nov. 10, 1986]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.5375  Identification of plan--negative declaration.

    The State Department of Environmental Quality Engineering submitted 
on July 31, 1979, a letter certifying that there are no existing kraft 
pulp mills in the State subject to part 60, subpart B of this chapter.

[54 FR 9047, Mar. 3, 1989]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.5400  Identification of plan--negative declaration.

    The State Department of Environmental Quality Engineering submitted 
on January 18, 1989, a letter certifying that there are no existing 
primary aluminum reduction plants in the State subject to part 60, 
subpart B of this chapter.

[54 FR 9047, Mar. 3, 1989]



                           Subpart X--Michigan

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.5600  Identification of plan--negative declaration.

    The State Department of Resources submitted on April 18, 1977, a 
letter certifying that there are no existing phosphate fertilizer plants 
in the State subject to part 60, subpart B of this chapter.



                          Subpart Y--Minnesota

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.5850  Identification of plan--negative declaration.

    The State Pollution Control Agency submitted on April 7, 1977, a 
letter certifying that there are no existing phosphate fertilizer plants 
in the State subject to part 60, subpart B of this chapter.



                         Subpart Z--Mississippi

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

    Source: 47 FR 29235, July 6, 1982, unless otherwise noted.



Sec. 62.6100  Identification of plan.

    (a) Identification of plan. Untitled (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist emissions from existing facilities 
at sulfuric acid plants, submitted on September 17, 1981.
    (2) Control of total reduced sulfur emissions from existing kraft 
pulp mills, submitted on October 30, 1987.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.

[[Page 317]]

    (2) Phosphate fertilizer plants.
    (3) Kraft pulp mills.

[47 FR 29235, July 6, 1982, as amended at 54 FR 7771, Feb. 23, 1989]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec. 62.6110  Identification of sources.

    The plan applies to existing plants at the following locations: 
Sulfur burning plant and oleum plant of Mississippi Chemical Corporation 
in Pascagoula.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.6120  Identification of sources.

    The plan applies to existing facilities at the following phosphate 
fertilizer plants.
    (1) Mississippi Chemical Corporation in Pascagoula.

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.6121  Identification of     sources--Negative declaration.

    The Mississippi Bureau of Pollution Control submitted on March 6, 
1985, a letter certifying that there are no existing primary aluminum 
reduction plants in the State subject to part 60, subpart B of this 
chapter.

[50 FR 26204, June 25, 1985]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.6122  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Georgia-Pacific Corporation, Monticello.
    (b) International Paper Company, Moss Point.
    (c) International Paper Company, Natchez.
    (d) International Paper Company, Vicksburg.

[54 FR 7771, Feb. 23, 1989]

                       Municipal Waste Combustors



Sec. 62.6123   Identification of     sources--Negative declaration.

    The Mississippi Bureau of Pollution Control submitted on August 6, 
1991, a letter certifying that there are no municipal waste combustors 
in the State subject to part 60, subpart B of this chapter.

[57 FR 43405, Sept. 21, 1992]



                          Subpart AA--Missouri

    Source: 51 FR 8828, Mar. 14, 1986, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.6350  Identification of plan.

    (a) Identification of plan. Missouri Plan for Control of Designated 
Pollutants from Existing Facilities (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of fluoride emissions from existing facilities at 
phosphate fertilizer plants, and fluoride emissions from existing 
facilities at primary aluminum reduction plants, submitted on September 
22, 1981, having been adopted by the State on June 17 and June 21, 1981. 
A letter conveying additional information regarding this plan was 
submitted on January 3, 1985.
    (2) Control of sulfuric acid mist from existing facilities at 
sulfuric acid production plants, submitted on March 12, 1979, having 
been adopted by the State in 1967 and 1971. A letter providing 
additional information regarding this plan was submitted on January 3, 
1985.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Phosphate fertilizer plants.
    (2) Primary aluminum reduction plants.
    (3) Sulfuric acid production plants.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec. 62.6351  Identification of sources.

    The plan applies to existing facilities at the following phosphate 
fertilizer plant:
    Farmers Chemical Company, Joplin, Missouri

[[Page 318]]

   Flouride Emissions From Existing Primary Aluminum Reduction Plants



Sec. 62.6352  Identification of sources.

    The plan applies to existing facilities at the following primary 
aluminum reduction plant:
    Noranda Aluminum, Inc., New Madrid, Missouri

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants



Sec. 62.6353  Idenification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid production plant:
    W.R. Grace and Company, Joplin, Missouri

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.6354  Identification of plan--negative declaration.

    Letter from the Director of the Missouri Department of Natural 
Resources submitted on May 14, 1982, certifying that there are no kraft 
pulp mills in the State subject to part 60, subpart B of this chapter.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec. 62.6355  Identification of plan--negative declaration.

    Letter from the Director of the Air Pollution Control Program of the 
Department of Natural Resources submitted May 23, 1991, certifying that 
there are no existing municipal waste combustors in the state of 
Missouri subject to this 111(d) requirement.

[56 FR 56321, Nov. 4, 1991]



                         Subpart BB--[Reserved]



                          Subpart CC--Nebraska

    Source: 49 FR 7234, Feb. 28, 1984, unless otherwise noted.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec. 62.6850  Identification of plan--negative declaration.

    Letter from the Director of the Department of Environmental Control 
submitted on May 4, 1977, certifying that there are no phosphate 
fertilizer plants in the State of Nebraska.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec. 62.6875  Identification of plan--negative declaration.

    Letter from the Chief of the Air Pollution Control Division of the 
Department of Environmental Control submitted on December 9, 1977, 
certifying that there are no existing sulfuric acid plants in the State 
of Nebraska.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.6880  Identification of plan--negative declaration.

    Letter from the Chief of the Air Pollution Control Division of the 
Department of Environmental Control submitted on March 16, 1984, 
certifying that there are no existing kraft pulp mills in the State of 
Nebraska, subject to part 60, subpart B of this chapter.

[49 FR 43058, Oct. 26, 1984]

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec. 62.6910  Identification of plan--negative declaration.

    Letter from the Chief of the Air Pollution Control Division of the 
Department of Environmental Control submitted on March 16, 1984, 
certifying that there are no existing primary aluminum reduction plants 
in the State of

[[Page 319]]

Nebraska, subject to part 60, subpart B of this chapter.

[49 FR 43058, Oct. 26, 1984]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec. 62.6911  Identification of plan--negative declaration.

    Letter from the Chief of the Air Quality Division of the Department 
of Environmental Control submitted April 1, 1991, certifying that there 
are no existing municipal waste combustors in the state of Nebraska 
subject to this 111(d) requirement.

[56 FR 56321, Nov. 4, 1991]



                         Subpart DD--[Reserved]



                        Subpart EE--New Hampshire

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.7325  Identification of plan.

    (a) Identification of plan. New Hampshire Plan for the Control of 
Designated Pollutants from Existing Plants (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulp mills, submitted on January 3, 1992.
    (2) [Reserved]
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Kraft pulp mills.
    (2) [Reserved]

[57 FR 56858, Dec. 1, 1992]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.7350  Identification of plan--negative declaration.

    The State Air Pollution Control Agency submitted on November 29, 
1978, a letter certifying that there are no existing phosphate 
fertilizer plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept 18, 1979]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec. 62.7375  Identification of plan--negative declaration.

    The State Air Pollution Control Agency submitted on November 29, 
1978, a letter certifying that there are no existing sulfuric acid 
plants in the state subject to part 60, subpart B of this chapter.

[44 FR 54052, Sept 18, 1979]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.7400  Identification of     sources--negative declaration.

    The State Air Pollution Control Agency submitted on January 3, 1989, 
a letter certifying that there are no existing primary aluminum 
reduction plants in the State subject to part 60, subpart B of this 
chapter.

[54 FR 9047, Mar. 3, 1989]

           Total Reduced Sulfur From Existing Kraft Pulp Mills



Sec. 62.7425  Identification of sources.

    (a) The plan applies to the following existing kraft pulp mill:
    (1) James River Corporation in Berlin.
    (2) [Reserved]
    (b) [Reserved]

[57 FR 56858, Dec. 1, 1992]



                         Subpart FF--New Jersey

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.7600  Identification of plan--negative declaration

    The New Jersey Department of Environmental Protection submitted, on 
May 20, 1977, a letter certifying that there are no existing phosphate 
fertilizer plants in the State subject to part 60, subpart B of this 
chapter.

[44 FR 41180, July 16, 1979]

[[Page 320]]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.7601  Identification of plan--negative declaration.

    The New Jersey Department of Environmental Protection submitted, on 
October 18, 1979, a letter certifying that there are no existing kraft 
pulp mills in the State subject to part 60, subpart B of this chapter.

[45 FR 80826, Dec. 8, 1980; 46 FR 27342, May 19, 1981]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.7602  Identification of plan--negative declaration.

    The New Jersey Department of Environmental Protection submitted, on 
September 29, 1980, a letter certifying that there are no existing 
primary aluminum plants in the State subject to part 60 subpart B of 
this chapter.

[46 FR 30479, June 9, 1981]



                         Subpart GG--New Mexico

    Source: 47 FR 10005, Mar. 9, 1982, unless otherwise noted.



Sec. 62.7850  Identification of plan.

    (a) Title of plan. ``State of New Mexico Designated Facility Plan'' 
(Sec. 111(d)).
    (b) The plan was officially submitted as follows:
    (1) Sulfuric acid plants on May 15, 1981.
    (c) Affected facilities: The plan includes the following facilities:
    (1) Sulfuric acid plants.

         Sulfuric Acid Mist Emissions From Sulfuric Acid Plants



Sec. 62.7851  Identification of sources.

    (a) The plan includes the following sources:
    (1) Kerr-McGee Nuclear Corporation in McKinley County.
    (2) Climax Chemical Corporation in Lea County.

             Fluoride Emissions From Primary Aluminum Plants



Sec. 62.7852  Identification of plan--negative declaration.

    The New Mexico Environmental Improvement Division and the 
Albuquerque Air Pollution Control Division submitted letters of July 8, 
1980 and September 23, 1980, respectively, certifying that there are no 
existing primary aluminum plants in the State subject to part 60, 
subpart B of this chapter.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.7853  Identification of plan--negative declaration.

    The New Mexico Environmental Improvement Division and the 
Albuquerque Air Pollution Control Division submitted letters of November 
5, 1979 and July 8, 1980, respectively, certifying that there are no 
existing kraft pulp mills in the State subject to part 60, subpart B of 
this chapter.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.7854  Identification of plan--negative declaration.

    The State Department of Health and Social Services submitted on 
October 31, 1977, a letter certifying that there are no existing 
phosphate fertilizer plants in the State subject to part 60, subpart B 
of this chapter.

[43 FR 51393, Nov. 3, 1978. Redesignated at 47 FR 10005, Mar. 9, 1982]



                          Subpart HH--New York

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.8100  Identification of plan--negative declaration.

    The New York State Department of Environmental Conservation 
submitted, on May 12, 1977, a letter certifying that there are no 
existing phosphate fertilizer plants in the State subject to part 60, 
subpart B of this chapter.

[44 FR 41180, July 16, 1979]

[[Page 321]]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec. 62.8102  Identification of plan.

    (a) [Reserved]
    (b) The plan was officially submitted and approved as follows:
    (1) Part 224--``Sulfuric Acid and Nitric Acid Plants'' of Title 6 of 
the New York Code of Rules and Regulations effective May 10, 1984.
    (2) Supplemental information submitted on March 29, 1985.
    (c) Identification of sources. The plan includes the following 
plants:
    (1) PVS Chemicals, Inc., Buffalo.
    (2) Eastman Kodak Company, Rochester.
    (d) The plan is approved with the provision that for existing 
sources any variance or compliance date extension from the provisions of 
part 224, ``Sulfuric Acid and Nitric Acid Plants,'' or any text method 
other than specified in 40 CFR part 60, appendix A, approved by the 
Commissioner of Environmental Conservation must be submitted and 
approved as a plan revision.

[50 FR 41137, Oct. 9, 1985]



                       Subpart II--North Carolina

    Authority: Secs. 110(a) and 111(d), Clean Air Act (42 U.S.C. 7410(a) 
and 7411(d)).

    Source: 48 FR 31403, July 8, 1983, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.8350  Identification of plan.

    (a) Identification of plan. North Carolina Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist emissions from existing sulfuric 
acid production units, submitted on October 27, 1978, and November 14, 
1979.
    (2) Control of fluoride emissions from existing primary aluminum 
plants, submitted on April 16, and August 24, 1981.
    (3) Control of total reduced sulfur emissions from existing 
facilities at kraft pulp mills, submitted on May 2, 1980, and September 
24, 1982.
    (4) The following revisions to Title 15 of the North Carolina 
Administrative Code (15 NCAC) were submitted to EPA on July 18, 1986, 
following adoption by the North Carolina Environmental Management 
Commission on November 8, 1984: Revised regulations 2D.0517--Emissions 
From Plants Producing Sulfuric Acid, 2D.0528--Total Reduced Sulfur From 
Kraft Pulp Mills, and 2D.0529--Fluoride Emissions From Primary Aluminum 
Reduction Plants.
    (5) A change to regulation 15 NCAC 2D.0528, Total Reduced Sulfur 
from Kraft Pulp Mills, was submitted to EPA April 14, 1987, following 
adoption by the North Carolina Environmental Management Commission on 
April 9, 1987.
    (6) Revisions to regulations 15 NCAC 2D.0528(c), (f), (g), and (h)--
Total Reduced Sulfur from Kraft Pulp Mills, and 2D.0529 (a) and (c)--
Flouride Emissions from Primary Aluminum Reduction Plants, were 
submitted by the North Carolina Department of Natural Resources and 
Community Development on May 2, 1988, following adoption by the North 
Carolina Environmental Management Commission on April 14, 1988.
    (7) Regulation 1-144, Particulate Matter and Reduced Sulfur 
Emissions from Pulp and Paper Mills, except 1-144(f) and (g) for the 
Western North Carolina portion of the North Carolina SIP submitted on 
June 14, 1990.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Primary aluminum plants.
    (3) Kraft pulp mills.

[48 FR 31403, July 8, 1983, as amended at 51 FR 41788, Nov. 19, 1986; 53 
FR 31863, Aug. 22, 1988; 53 FR 49882, Dec. 12, 1988; 57 FR 4738, Feb. 7, 
1992]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec. 62.8351  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plants:
    (a) Sulfur-burning plants operated by:
    (1) Texasgulf Inc. in Beaufort County,
    (2) Swift Agricultural Chemical Company in Brunswick County,

[[Page 322]]

    (3) USS Agri-Chemicals in Brunswick County,
    (4) Wright Chemical Corporation in Columbus County, and
    (5) Northeast Chemical Company in New Hanover County.
    (b) There are no oleum plants.
    (c) There are no bound sulfur feedstock plants.

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.8352  Identification of sources.

    (a) The plan applies to the following existing primary aluminum 
plant facilities.
    (1) Two potlines of prebake cells at the Badin (Stanly County) plant 
of the Aluminum Corporation of America.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.8353  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Federal Paper Board in Riegelwood,
    (b) Hoerner-Waldorf in Roanoke Rapids,
    (c) Champion International in Canton,
    (d) Weyerhaeuser in New Bern, and
    (e) Weyerhaeuser in Plymouth.

[43 FR 51393, Nov. 3, 1978, as amended at 57 FR 4738, Feb. 7, 1992]



                         Subpart JJ--[Reserved]



                            Subpart KK--Ohio

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.8850  Identification of plan--negative declaration.

    The Ohio Environmental Protection Agency submitted on December 1, 
1977, (resubmitted on April 1, 1985, and April 25, 1985) a letter 
certifying that there are no existing phosphate fertilizer plants in the 
State subject to part 60, subpart B of this chapter.

[50 FR 41137, Oct. 9, 1985]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.8860  Identification of plan--disapproval.

    On December 7, 1984, and April 23, 1986, Ohio submitted its plan for 
controlling total reduced sulfur from existing kraft pulp mills, 
including Rules 3745-73-01, 02, 03, and 04. The plan is being 
disapproved because:
    (a) The requirements of Sec. 60.24(f) of this chapter are not met 
because the State failed to justify the application of emission 
standards less stringent than the Federal emission standards. 
Additionally, USEPA does not have a bubble policy applicable to 111(d) 
plans.
    (b) The plan does not contain monitoring requirements to ensure 
proper operation and maintenance of the affected facility as required by 
Sec. 60.25(b) of this chapter.

[55 FR 19884, May 14, 1990]



                          Subpart LL--Oklahoma

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.9100  Identification of plan.

    (a) Identification of plan. Oklahoma Plan for Control of Designated 
Pollutants from Existing Facilities (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from existing sulfuric acid 
production plants submitted on December 5, 1985, with the corresponding 
regulation submitted by the Governor of Oklahoma on March 31, 1986.
    (2) Control of total reduced sulfur from existing kraft pulp mills 
was submitted on November 17, 1987, and supplemented on June 1, 1988.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources.
    (1) Sulfuric acid production plants.
    (2) Kraft pulp mills.

[52 FR 3229, Feb. 3, 1987, as amended at 54 FR 24905, June 12, 1989]

[[Page 323]]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec. 62.9110  Identification of sources.

    (a) Identification of sources. The plan includes the following 
sulfuric acid production plants.
    (1) National Zinc Co. in Bartlesville, Oklahoma.
    (2) Tulsa Chemical Co. in Tulsa, Oklahoma.

[52 FR 3230, Feb. 3, 1987]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.9120  Identification of plan--negative declaration.

    The State Department of Health submitted on October 25, 1977, a 
letter certifying that there are no existing phosphate fertilizer plants 
in the State subject to part 60, subpart B of this chapter.

[43 FR 51393, Nov. 3, 1978. Redesignated at 52 FR 3229, Feb. 3, 1987]

             Fluoride Emissions From Primary Aluminum Plants



Sec. 62.9130  Identification of plan--negative declaration.

    The Oklahoma State Department of Health submitted a letter on March 
3, 1983, certifying that there are no existing primary aluminum 
reduction plants in the State of Oklahoma subject to 40 CFR part 60, 
subpart B, of this chapter.

[48 FR 29854, June 29, 1983. Redesignated at 52 FR 3229, Feb. 3, 1987]

           Total Reduced Sulfur From Existing Kraft Pulp Mills



Sec. 62.9140  Identification of source.

    The plan includes the following kraft pulp mill:
    (a) Weyerhaeuser Paper Company in Valliant, Oklahoma.

[54 FR 24905, June 12, 1989]



                           Subpart MM--Oregon

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec. 62.9350  Identification of plan.

    (a) Identification of plan. Oregon Designated Facility Plan (Section 
111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of fluoride emissions from phosphate fertilizer plants, 
submitted by the Oregon State Department of Environmental Quality on 
June 1, 1977.
    (2) Control of sulfuric acid mist emissions from sulfuric acid 
production units, submitted by the Oregon State Department of 
Environmental Quality on January 27, 1978.
    (3) Control of fluoride emissions from primary aluminum reduction 
plants, submitted by the Oregon State Department of Environmental 
Quality on January 13, 1981 and August 9, 1982.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Phosphate fertilizer plants.
    (2) Sulfuric acid production units.
    (3) Primary aluminum reduction plants.

[48 FR 11118, Mar. 16, 1983]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.9360  Identification of sources.

    The plan applies to existing facilities at the following primary 
aluminum reduction plants:
    (a) Reynolds Metals Company in Troutdale, Oregon
    (b) Martin-Marietta in The Dalles, Oregon.

[48 FR 11118, Mar. 16, 1983]

           Flouride Emissions From Phosphate Fertilizer Plants



Sec. 62.9500  Identification of sources.

    The Oregon State Department of Environmental Quality submitted on 
June 1, 1977, certification that there are no existing phosphate 
fertilizer

[[Page 324]]

plants in the State subject to part 60, subpart B of this chapter.

[44 FR 76281, Dec. 26, 1979. Redesignated and amended at 48 FR 11118, 
Mar. 16, 1983]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec. 62.9501  Identification of sources.

    The Oregon State Deparetment of Environmental Quality submitted on 
January 27, 1978, certification that there are no existing sulfuric acid 
plants in the State subject to part 60, subpart B of this chapter.

[44 FR 76281, Dec. 26, 1979. Redesignated and amended at 48 FR 11118, 
Mar. 16, 1983]



                        Subpart NN--Pennsylvania

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.9600  Identification of plan--negative declaration.

    (a) The Pennsylvania Department of Environmental Resources submitted 
on December 1, 1977, a letter certifying that there are no existing 
phosphate fertilizer plants in the State subject to part 60, subpart B 
of this chapter.
    (b) The Allegheny County Bureau of Air Pollution Control submitted a 
letter on August 18, 1978 certifying that there are no phosphate 
fertilizer plants in the County subject to part 60, subpart B of this 
chapter.
    (c) The City of Philadelphia Air Management Services submitted on 
February 22, 1985, a letter certifying that there are no existing 
phosphate fertilizer plants in the City subject to part 60, subpart B of 
this chapter.

[47 FR 5900, Feb. 9, 1982, as amended at 50 FR 47734, Nov. 20, 1985]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec. 62.9601  Identification of plan.

    (a) The Allegheny County Bureau of Air Pollution Control submitted a 
letter on August 18, 1978 certifying that there are no sulfuric acid 
plants in the County subject to part 60, subpart B of this chapter.
    (b) A plan for the control of sulfuric acid mist emissions from 
existing sulfuric acid plants in the Commonwealth of Pennsylvania, 
submitted on May 30, 1978 and supplemented on August 17, 1981.
    (c) The City of Philadelphia Air Management Services submitted on 
February 22, 1985, a letter certifying that there are no existing 
sulfuric acid plants in the City subject to part 60, subpart B of this 
chapter.

[47 FR 5900, Feb. 9, 1982, as amended at 50 FR 47735, Nov. 20, 1985]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.9610  Identification of plan--negative declaration

    (a) The Allegheny County Bureau of Air Pollution Control submitted a 
letter on February 14, 1985, certifying that there are no kraft pulp 
mills in the County subject to part 60, subpart B of this chapter.
    (b) The City of Philadelphia Air Management Services submitted on 
February 22, 1985, a letter certifying that there are no existing kraft 
pulp mills in the City subject to part 60, subpart B of this chapter.

[50 FR 47735, Nov. 20, 1985]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.9620  Identification of plan--negative declaration.

    The Secretary, Department of Environmental Resources submitted on 
November 3, 1980, a letter certifying there are no primary aluminum 
plants in the Commonwealth of Pennsylvania subject to part 60, subpart B 
of this chapter.

[46 FR 41783, Aug. 18, 1981]



                        Subpart OO--Rhode Island

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.9850  Identification of plan--negative declaration.

    The State Department of Environmental Management submitted on 
November 14, 1977, a letter certifying that

[[Page 325]]

there are no existing phosphate fertilizer plants in the state subject 
to part 60, subpart B of this chapter.

[44 FR 54052, Sept. 18, 1979]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec. 62.9875  Identification of plan--negative declaration.

    The State Department of Environmental Management submitted on 
November 14, 1977, a letter certifying that there are no existing 
sulfuric acid plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept. 18, 1979]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.9900  Identification of plan--negative declaration.

    The State Department of Environmental Management submitted on July 
26, 1979, a letter certifying that there are no existing kraft pulp 
mills in the State subject to part 60, subpart B of this chapter.

[54 FR 9047, Mar. 3, 1989]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.9950  Identification of plan--negative declaration.

    The State Department of Environmental Management submitted on 
December 8, 1989, a letter certifying that there are no existing primary 
aluminum reduction plants in the State subject to part 60, subpart B of 
this chapter.

[54 FR 9047, Mar. 3, 1989]

   Municipal Waste Combustor Emissions From Existing Municipal Waste 
Combustors With the Capacity To Combust Greater Than 250 Tons Per Day of 
                          Municipal Solid Waste



Sec. 62.9975  Identification of plan--negative declaration.

    On February 5, 1992, the Rhode Island Department of Environmental 
Management submitted a letter certifying that there are no existing 
municipal waste combustors in the State subject to the emission 
guidelines published on February 11, 1991 (56 FR 5514) pursuant to part 
60, subpart B of this chapter.

[57 FR 44692, Sept. 29, 1992]



                       Subpart PP--South Carolina

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

    Source: 47 FR 29236, July 6, 1982, unless otherwise noted.



Sec. 62.10100  Identification of plan.

    (a) Identification of plan. South Carolina Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Implementation Plan for Control of Designated Pollutants, 
including sulfuric acid mist from sulfuric acid plants and total reduced 
sulfur from kraft pulp mills, submitted on December 22, 1981.
    (2) A revision to South Carolina's 111(d) plan for total reduced 
sulfur which was submitted on December 13, 1984. This revision approved 
an alternate emission limit for the digesters and an extended compliance 
schedule for the evaporators at Stone Container Corporation.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.

[47 FR 29236, July 6, 1982, as amended at 50 FR 33037, Aug. 16, 1985]

              Sulfuric Acid Mist From Sulfuric Acid Plants



Sec. 62.10110  Identification of     sources.

    The plan applies to existing plants at the following locations:
    (1) Sulfur-burning plants of W. R. Grace and Company's plant in 
Charleston.
    (2) There are no bound sulfur or oleum plants.

[[Page 326]]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.10120  Identification of     sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (1) Westvaco in North Charleston.
    (2) International Paper Company in Georgetown.
    (3) Bowater Carolina Company in Catawba.
    (4) Stone Container Corporation in Florence.

[47 FR 29236, July 6, 1982, as amended at 50 FR 33037, Aug. 16, 1985]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.10130  Identification of plan--negative declaration.

    The South Carolina Department of Health and Environmental Control 
submitted on November 2, 1977, a letter certifying that there are no 
existing phosphate fertilizer plants in the State subject to part 60, 
subpart B, of this chapter.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec. 62.10140  Identification of plan--negative declaration.

    The South Carolina Department of Health and Environmental Control 
submitted on May 3, 1983, a letter certifying that there are no existing 
primary aluminum plants in the State which are subject to part 60 
subpart B of this chapter.

[50 FR 33037, Aug. 16, 1985]



                          Subpart RR--Tennessee

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.10602  Identification of     sources--Negative declaration.

    The Tennessee Department of Health and Environment on April 4, 1985, 
submitted a letter certifying that there are no existing phosphate 
fertilizer plants in the State subject to part 60, subpart B of this 
chapter.

[50 FR 26204, June 25, 1985]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.10625  Identification of plan.

    On June 25, 1993, the State submitted revisions to the Tennessee 
State Implementation Plan (SIP). These were revisions to the process 
gaseous emission standards. These revisions incorporate changes to Rule 
1200-3-7-.07, subparagraphs (4)(a) and (4)(b) of the Tennessee SIP which 
bring this into conformance with the requirements of 40 CFR part 62, 
subpart I.

[61 FR 29667, June 12, 1996]

    Effective Date Note: At 61 FR 29667, June 12, 1996, Sec. 62.10625 
and the undesignated center heading preceding it were added, effective 
Aug. 12, 1996.



                         Subpart SS--[Reserved]



                            Subpart TT--Utah

           Fluorides From Existing Phosphate Fertilizer Plants



Sec. 62.11100  Identification of plan.

    (a) Title of plan.``Control of Fluorides from Existing Phosphate 
Plants''.
    (b) The plan was officially submitted on March 1, 1982.
    (c) Identification of source. The plan includes the Chevron Chemical 
Company's phosphate fertilizer plant in Magna, Utah.

[47 FR 25336, June 11, 1982; 48 FR 10316, Mar. 11, 1983]



                           Subpart UU--Vermont

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.11350  Identification of plan--negative declaration.

    The State Agency of Environmental Conservation submitted on April 
11, 1978, a letter certifying that there are no existing phosphate 
fertilizer plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept. 18, 1979]

[[Page 327]]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec. 62.11375  Identification of plan--negative declaration.

    The State Agency of Environmental Conservation submitted on April 
11, 1978, a letter certifying that there are no existing sulfuric acid 
plants in the state subject to part 60, subpart B of this chapter.

[44 FR 54053, Sept. 18, 1979]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec. 62.11400  Identification of plan--negative declaration.

    The State Agency of Environmental Conservation submitted on August 
2, 1979, a letter certifying that there are no existing kraft pulp mills 
in the State subject to part 60, subject B of this chapter.

[54 FR 9047, Mar. 3, 1989]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.11425  Identification of plan--negative declaration.

    The State Agency of Environmental Conservation submitted on January 
4, 1989, a letter certifying that there are no existing primary aluminum 
reduction plants in the State subject to part 60, subpart B of this 
chapter.

[54 FR 9047, Mar. 3, 1989]

   Municipal Waste Combustor Emissions From Existing Municipal Waste 
Combustors With the Capacity To Combust Greater Than 250 Tons Per Day of 
                          Municipal Solid Waste



Sec. 62.11450  Identification of plan--negative declaration.

    On September 18, 1992, the Vermont Agency of Natural Resources 
submitted a letter certifying that there are no existing municipal waste 
combustors in the State subject to the emission guidelines published on 
February 11, 1991 (56 FR 5514) pursuant to part 60, subpart B of this 
chapter.

[57 FR 44692, Sept. 29, 1992]



                          Subpart VV--Virginia

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.11600  Identification of plan--negative declaration.

    The Secretary of Commerce and Resources, Office of the Governor 
submitted on May 13, 1977, a letter certifying that there are no 
existing phosphate fertilizer plants in the State subject to part 60, 
subpart B of this chapter.

[45 FR 43412, June 27, 1980]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec. 62.11601  Identification of plan.

    (a) Title of plan. Commonwealth of Virginia State Implementation 
Plan under section 111(d) of the Clean Air Act for the Designated 
Facility--Sulfuric Acid Plants.
    (b) The plan was officially submitted by the Secretary of Commerce 
and Resources, Commonwealth of Virginia, on September 29, 1978.
    (c) [Reserved]
    (d) Identification of sources. The plan includes the following 
sulfuric acid plants:

Allied Chemical, Hopewell
Allied Chemical, Front Royal
Du Pont, James River
Smith Douglas, Chesapeake
U.S. Army Ammo Plant, Radford
Weaver Fertilizer, Norfolk

    (e) A variance issued to the E. I. du Pont de Nemours and Company 
James River Sulfuric Acid Plant located in Chesterfield County, Virginia 
exempting the plant from section 4.51(c)(2) until December 15, 1981, 
submitted on October 21, 1980 by the Virginia Secretary of Commerce and 
Resources.
    (f) [Reserved]
    (g) Section 4.51(c)(2) is replaced with Rule 4-21 (Emission 
Standards from Sulfuric Acid Production Units), section 120-04-2104 
(Standard for Sulfuric Acid Mist), effective February 1, 1985. This 
revision was submitted on February 14, 1985 by the Commonwealth of 
Virginia.

[46 FR 55973, Nov. 13, 1981, as amended at 46 FR 55975, Nov. 13, 1981; 
60 FR 50105, Sept. 28, 1995]

[[Page 328]]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

Secs. 62.11610--62.11619  [Reserved--plan not submitted]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec. 62.11620  Identification of plan--negative declaration.

    The Commonwealth of Virginia, Office of the Governor, submitted on 
July 9, 1980, a letter certifying that there are no designated 
facilities in the Commonwealth subject to the emission guidelines set 
forth in the Final Guideline Document for the Control of Fluoride 
Emissions from Existing Primary Aluminum Plants.

[46 FR 41783, Aug. 18, 1981]



                         Subpart WW--Washington

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.11850  Identification of plan--negative declaration.

    The Washington State Department of Ecology submitted on August 29, 
1979, certification that there are no existing phosphate fertilizer 
plants in the State subject to part 60, subpart B of this chapter.

[44 FR 76281, Dec. 26, 1979]



                        Subpart XX--West Virginia

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.12100  Identification of plan--negative declaration.

    The West Virginia Air Pollution Control Commission submitted on 
October 25, 1977, a letter certifying that there are no existing 
phosphate fertilizer plants in the State subject to part 60, subpart B 
of this chapter.

[45 FR 43412, June 27, 1980]



                          Subpart YY--Wisconsin

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.12350  Identification of plan--negative declaration.

    The State Department of Natural Resources submitted on May 24, 1977, 
a letter certifying that there are no existing phosphate fertilizer 
plants in the State subject to part 60, subpart B of this chapter.



                       Subparts ZZ-AAA--[Reserved]



                        Subpart BBB--Puerto Rico

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.13100  Identification of plan--negative declaration

    The Commonwealth Environmental Quality Board submitted, on January 
31, 1978, a letter certifying that there are no existing phosphate 
fertilizer plants in Commonwealth subject to part 60, subpart B of this 
chapter.

[44 FR 41180, July 16, 1979]

         Sulfuric Acid Mist Emissions From Sulfuric Acid Plants



Sec. 62.13101  Identification of plan--negative declaration.

    The Commonwealth Environmental Quality Board submitted, on January 
31, 1978, a letter certifying that there are no existing sulfuric acid 
plants in the Commonwealth subject to part 60, subpart B of this 
chapter.

[45 FR 37432, June 3, 1980; 46 FR 27342, May 19, 1981]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.13102  Identification of plan--negative declaration.

    The Commonwealth of Puerto Rico submitted on April 28, 1981, a 
letter certifying that there are no existing primary aluminum plants in 
the Commonwealth subject to part 60 subpart B of this chapter.

[46 FR 43834, Sept. 1, 1981]

[[Page 329]]

               Total Reduced Sulfur From Kraft Pulp Mills



Sec. 62.13103  Identification of plan--negative declaration.

    The Commonwealth of Puerto Rico submitted on April 28, 1981, a 
letter certifying that there are no existing kraft pulp mills in the 
Commonwealth subject to part 60 subpart B of this chapter.

[46 FR 43834, Sept. 1, 1981]



                       Subpart CCC--Virgin Islands

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec. 62.13350  Identification of plan--negative declaration.

    The Territory Department of Conservation and Cultural Affairs 
submitted, on November 3, 1977, a letter certifying that there are no 
existing phosphate fertilizer plants in the Territory subject to part 
60, subpart B of this chapter.

[44 FR 41181, July 16, 1979]

         Sulfuric Acid Mist Emissions From Sulfuric Acid Plants



Sec. 62.13351  Identification of plan--negative declaration.

    The Territory Department of Conservation and Cultural Affairs 
submitted, on November 8, 1977, a letter certifying that there are no 
existing sulfuric acid plants in the Territory subject to part 60, 
subpart B of this chapter.

[45 FR 37432, June 3, 1980; 46 FR 27342, May 19, 1981]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec. 62.13352  Identification of plan--negative declaration.

    The Virgin Islands Department of Conservation and Cultural Affairs 
submitted, on July 31, 1979, a letter certifying that there are no 
existing kraft pulp mills in the Territory subject to part 60, subpart B 
of this chapter.

[45 FR 80826, Dec. 8, 1980; 46 FR 27342, May 19, 1981]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec. 62.13353  Identification of plan--negative declaration.

    The Virgin Islands Department of Conservation and Cultural Affairs 
submitted, on July 21, 1980, a letter certifying that there are no 
primary aluminum plants in the Territory subject to part 60, subpart B 
of this chapter.

[46 FR 30497, June 9, 1981]



PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents




                      Subpart A--General Provisions

Sec.
63.1  Applicability.
63.2  Definitions.
63.3  Units and abbreviations.
63.4  Prohibited activities and circumvention.
63.5  Construction and reconstruction.
63.6  Compliance with standards and maintenance requirements.
63.7  Performance testing requirements.
63.8  Monitoring requirements.
63.9  Notification requirements.
63.10  Recordkeeping and reporting requirements.
63.11  Control device requirements.
63.12  State authority and delegations.
63.13  Addresses of State air pollution control agencies and EPA 
          Regional Offices.
63.14  Incorporations by reference.
63.15  Availability of information and confidentiality.

Subpart B--Requirements for Control Technology Determinations for Major 
 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 
                                 112(j)

63.40-63.49  [Reserved]
63.50  Applicability.
63.51  Definitions.
63.52  Approval process for new and existing emission units.
63.53  Application content for case-by-case MACT determinations.
63.54  Preconstruction review procedures for new emission units.
63.55  Maximum achievable control technology (MACT) determinations for 
          emission units subject to case-by-case determination of 
          equivalent emission limitations.

[[Page 330]]

63.56  Requirements for case-by-case determination of equivalent 
          emission limitations after promulgation of a subsequent MACT 
          standard.

 Subpart C--List of Hazardous Air Pollutants, Petition Process, Lesser 
               Quantity Designations, Source Category List

63.60  Deletion of caprolactam from the list of hazardous air 
          pollutants.
63.61-63.69  [Reserved]

    Subpart D--Regulations Governing Compliance Extensions for Early 
                 Reductions of Hazardous Air Pollutants

63.70  Applicability.
63.71  Definitions.
63.72  General provisions for compliance extensions.
63.73  Source.
63.74  Demonstration of early reduction.
63.75  Enforceable commitments.
63.76  Review of base year emissions.
63.77  Application procedures.
63.78  Early reduction demonstration evaluation.
63.79  Approval of applications.
63.80  Enforcement.
63.81  Rules for special situations.

    Subpart E--Approval of State Programs and Delegation of Federal 
                               Authorities

63.90  Program overview.
63.91  Criteria common to all approval options.
63.92  Approval of a State rule that adjusts a section 112 rule.
63.93  Approval of State authorities that substitute for a section 112 
          rule.
63.94  Approval of a State program that substitutes for section 112 
          emission standards.
63.95  Additional approval criteria for accidental release prevention 
          programs.
63.96  Review and withdrawal of approval.
63.97-63.98  [Reserved]
63.99  Delegated Federal authorities.

    Subpart F--National Emission Standards for Organic Hazardous Air 
  Pollutants From the Synthetic Organic Chemical Manufacturing Industry

63.100  Applicability and designation of source.
63.101  Definitions.
63.102  General standards.
63.103  General compliance, reporting, and recordkeeping provisions.
63.104  Heat exchange system requirements.
63.105  Maintenance wastewater requirements.
63.106  Delegation of authority.

Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry 
          Chemicals
Table 2 to Subpart F--Organic Hazardous Air Pollutants
Table 3 to Subpart F--General Provisions Applicability to Subparts F, G, 
          and H

    Subpart G--National Emission Standards for Organic Hazardous Air 
 Pollutants From the Synthetic Organic Chemical Manufacturing Industry 
 for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

63.110  Applicability.
63.111  Definitions.
63.112  Emission standard.
63.113  Process vent provisions--reference control technology.
63.114  Process vent provisions--monitoring requirements.
63.115  Process vent provisions--methods and procedures for process vent 
          group determination.
63.116  Process vent provisions--performance test methods and procedures 
          to determine compliance.
63.117  Process vent provisions--reporting and recordkeeping 
          requirements for group and TRE determinations and performance 
          tests.
63.118  Process vent provisions--periodic reporting and recordkeeping 
          requirements.
63.119  Storage vessel provisions--reference control technology.
63.120  Storage vessel provisions--procedures to determine compliance.
63.121  Storage vessel provisions--alternative means of emission 
          limitation.
63.122  Storage vessel provisions--reporting.
63.123  Storage vessel provisions--recordkeeping.
63.124-63.125  [Reserved]
63.126  Transfer operations provisions--reference control technology.
63.127  Transfer operations provisions--monitoring requirements.
63.128  Transfer operations provisions--test methods and procedures.
63.129  Transfer operations provisions--reporting and recordkeeping for 
          performance tests and notification of compliance status.
63.130  Transfer operations provisions--periodic reporting and 
          recordkeeping.
63.131  Process wastewater provisions--flow diagrams and tables.
63.132  Process wastewater provisions--general.
63.133  Process wastewater provisions--wastewater tanks.
63.134  Process wastewater provisions--surface impoundments.
63.135  Process wastewater provisions--containers.

[[Page 331]]

63.136  Process wastewater provisions--individual drain systems.
63.137  Process wastewater provisions--oil-water separators.
63.138  Process wastewater provisions--treatment processes.
63.139  Process wastewater provisions--control devices.
63.140  Process wastewater provisions--delay of repair.
63.141-63.142  [Reserved]
63.143  Process wastewater provisions--inspections and monitoring of 
          operations.
63.144  Process wastewater provisions--test methods and procedures for 
          determining applicability and Group 1/Group 2 determinations.
63.145  Process wastewater provisions--test methods and procedures to 
          determine compliance.
63.146  Process wastewater provisions--reporting.
63.147  Process wastewater provisions--recordkeeping.
63.148  Leak inspection provisions.
63.149  [Reserved]
63.150  Emissions averaging provisions.
63.151  Initial notification and implementation plan.
63.152  General reporting and continuous records.

Appendix to Subpart G--Tables and Figures

    Subpart H--National Emission Standards for Organic Hazardous Air 
                     Pollutants for Equipment Leaks

63.160  Applicability and designation of source.
63.161  Definitions.
63.162  Standards: General.
63.163  Standards: Pumps in light liquid service.
63.164  Standards: Compressors.
63.165  Standards: Pressure relief devices in gas/vapor service.
63.166  Standards: Sampling connection systems.
63.167  Standards: Open-ended valves or lines.
63.168  Standards: Valves in gas/vapor service and in light liquid 
          service.
63.169  Standards: Pumps, valves, connectors, and agitators in heavy 
          liquid service; instrumentation systems; and pressure relief 
          devices in liquid service.
63.170  Standards: Surge control vessels and bottoms receivers.
63.171  Standards: Delay of repair.
63.172  Standards: Closed-vent systems and control devices.
63.173  Standards: Agitators in gas/vapor service and in light liquid 
          service.
63.174  Standards: Connectors in gas/vapor service and in light liquid 
          service.
63.175  Quality improvement program for valves.
63.176  Quality improvement program for pumps.
63.177  Alternative means of emission limitation: General.
63.178  Alternative means of emission limitation: Batch processes.
63.179  Alternative means of emission limitation: Enclosed-vented 
          process units.
63.180  Test methods and procedures.
63.181  Recordkeeping requirements.
63.182  Reporting requirements.

Table 1 to Subpart H--Batch Processes
Table 2 to Subpart H--Surge Control Vessels and Bottoms Receivers at 
          Existing Sources
Table 3 to Subpart H--Surge Control Vessels and Bottoms Receivers at New 
          Sources

   Subpart I--National Emission  Standards for Organic Hazardous Air 
 Pollutants for Certain Processes Subject to the Negotiated Regulation 
                           for Equipment Leaks

63.190  Applicability and designation of source.
63.191  Definitions.
63.192  Standard.
63.193  Delegation of authority.

                        Subparts J-K--[Reserved]

     Subpart L--National Emission Standards for Coke Oven Batteries

63.300  Applicability.
63.301  Definitions.
63.302  Standards for by-product coke oven batteries.
63.303  Standards for nonrecovery coke oven batteries.
63.304  Standards for compliance date extension.
63.305  Alternative standards for coke oven doors equipped with sheds.
63.306  Work practice standards.
63.307  Standards for bypass/bleeder stacks.
63.308  Standards for collecting mains.
63.309  Performance tests and procedures.
63.310  Requirements for startups, shutdowns, and malfunctions.
63.311  Reporting and recordkeeping requirements.
63.312  Existing regulations and requirements.
63.313  Delegation of authority.

Appendix A to Subpart L--Operating Coke Oven Batteries as of April 1, 
          1992

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  Subpart M--National Perchloroethylene Air Emission Standards for Dry 
                           Cleaning Facilities

63.320  Applicability.
63.321  Definitions.
63.322  Standards.
63.323  Test methods and monitoring.
63.324  Reporting and recordkeeping requirements.
63.325  Determination of equivalent emission control technology.

Subpart N--National Emission Standards for Chromium Emissions From Hard 
   and Decorative Chromium Electroplating and Chromium Anodizing Tanks

63.340  Applicability and designation of sources.
63.341  Definitions and nomenclature.
63.342  Standards.
63.343  Compliance provisions.
63.344  Performance test requirements and test methods.
63.345  Provisions for new and reconstructed sources.
63.346  Recordkeeping requirements.
63.347  Reporting requirements.

Table 1 to Subpart N--General Provisions Applicability to Subpart N

    Subpart O--Ethylene Oxide Emissions Standards for Sterilization 
                               Facilities

63.360  Applicability.
63.361  Definitions.
63.362  Standards.
63.363  Compliance and performance testing.
63.364  Monitoring requirements.
63.365  Test methods and procedures.
63.366  Reporting requirements.
63.367  Recordkeeping requirements.

                          Subpart P--[Reserved]

Subpart Q--National Emission Standards for Hazardous Air Pollutants for 
                    Industrial Process Cooling Towers

63.400  Applicability.
63.401  Definitions.
63.402  Standard.
63.403  Compliance dates.
63.404  Compliance demonstrations.
63.405  Notification requirements.
63.406  Recordkeeping and reporting requirements.

Table 1 to Subpart Q--General Provisions Applicability to Subpart Q

    Subpart R--National Emission Standards for Gasoline Distribution 
   Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

63.420  Applicability.
63.421  Definitions.
63.422  Standards: Loading racks.
63.423  Standards: Storage vessels.
63.424  Standards: Equipment leaks.
63.425  Test methods and procedures.
63.426  Alternative means of emission limitation.
63.427  Continuous monitoring.
63.428  Reporting and recordkeeping.
63.429  Delegation of authority.

Table 1 to Subpart R--General Provisions Applicability to Subpart R

                          Subpart S--[Reserved]

 Subpart T--National Emission Standards for Halogenated Solvent Cleaning

63.460  Applicability and designation of source.
63.461  Definitions.
63.462  Batch cold cleaning machine standards.
63.463  Batch vapor and in-line cleaning machine standards.
63.464  Alternative standards.
63.465  Test methods.
63.466  Monitoring procedures.
63.467  Recordkeeping requirements.
63.468  Reporting requirements.
63.469  Equivalent methods of control.

Appendix A to Subpart T--Test of Solvent Cleaning Procedures
Appendix B to Subpart T--General Provisions Applicability to Subpart T

                         Subparts U-V [Reserved]

Subpart W--National Emission Standards for Hazardous Air Pollutants for 
       Epoxy Resins Production and Non-Nylon Polyamides Production

63.520  Applicability and designation of sources.
63.521  Compliance schedule.
63.522  Definitions.
63.523  Standards for basic liquid resins manufacturers.
63.524  Standards for wet strength resins manufacturers.
63.525  Compliance and performance testing.
63.526  Monitoring requirements.
63.527  Recordkeeping requirements.
63.528  Reporting requirements.

Table 1 to Subpart W--General Provisions Applicability to Subpart W

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Subpart X--National Emission Standards for Hazardous Air Pollutants From 
                         Secondary Lead Smelting

63.541  Applicability.
63.542  Definitions.
63.543  Standards for process sources.
63.544  Standards for process fugitive sources.
63.545  Standards for fugitive dust sources.
63.546  Compliance dates.
63.547  Test methods.
63.548  Monitoring requirements.
63.549  Notification requirements.
63.550  Recordkeeping and reporting requirements.

 Subpart Y--National Emission Standards for Marine Tank Vessel Loading 
                               Operations

63.560  Applicability and designation of affected source.
63.561  Definitions.
63.562  Standards.
63.563  Compliance and performance testing.
63.564  Monitoring requirements.
63.565  Test methods and procedures.
63.566  Construction and reconstruction.
63.567  Recordkeeping and reporting requirements.

                        Subparts Z-BB [Reserved]

  Subpart CC--National Emission Standards for Hazardous Air Pollutants 
                        From Petroleum Refineries

63.640  Applicability and designation of affected source.
63.641  Definitions.
63.642  General standards.
63.643  Miscellaneous process vents provisions.
63.644  Monitoring provisions for miscellaneous process vents.
63.645  Test methods and procedures for miscellaneous process vents.
63.646  Storage vessel provisions.
63.647  Wastewater provisions.
63.648  Equipment leak standards.
63.649  Alternative means of emission limitation: Connectors in gas/
          vapor service and light liquid service.
63.650  Gasoline loading rack provisions.
63.651  Marine tank vessel loading operation provisions.
63.652  Emissions averaging provisions.
63.653  Monitoring, recordkeeping, and implementation plan for emissions 
          averaging.
63.654  Reporting and recordkeeping requirements.
63.655-63.679  [Reserved]
Appendix to Subpart CC to Part 63--Tables

  Subpart DD--National Emission Standards for Hazardous Air Pollutants 
               from Off-Site Waste and Recovery Operations

63.680  Applicability and designation of affected sources.
63.681  Definitions.
63.682  [Reserved]
63.683  Standards: General.
63.684  Standards: Off-site material treatment.
63.685  Standards: Tanks.
63.686  Standards: Oil-water and organic-water separators.
63.687  Standards: Surface impoundments.
63.688  Standards: Containers.
63.689  Standards: Transfer systems..
63.690  Standards: Process vents.
63.691  Standards: Equipment leaks.
63.692  [Reserved]
63.693  Standards: Closed-vent systems and control devices.
63.694  Testing methods and procedures.
63.695  Inspection and monitoring requirements.
63.696  Recordkeeping requirements.
63.697  Reporting requirements.
63.698  Delegation of authority.
Table 1 to Subpart DD--List of Hazardous Air Pollutants (HAP) for 
          Subpart DD
Table 2 to Subpart DD--Applicability of Paragraphs in 40 CFR 63 Subpart 
          A, General Provisions, to Subpart DD
Table 3 to Subpart DD--Tank Control Levels for Tanks at Existing 
          Affected Sources as Required by 40 CFR 63.685(b)(1)
Table 4 to Subpart DD--Tank Control Levels for Tanks at New Affected 
          Sources as Required by 40 CFR 63.685(b)(2)

Subpart EE--National Emission Standards for Magnetic Tape Manufacturing 
                               Operations

63.701  Applicability.
63.702  Definitions.
63.703  Standards.
63.704  Compliance and monitoring requirements.
63.705  Performance test methods and procedures to determine initial 
          compliance.
63.706  Recordkeeping requirements.
63.707  Reporting requirements.
63.708  Delegation of authority.

Table 1 to Subpart EE--Applicability of General Provisions to Subpart EE


[[Page 334]]



                          Subpart FF [Reserved]

Subpart GG--National Emission Standards for Aerospace Manufacturing and 
                            Rework Facilities

63.741  Applicability and designation of affected sources.
63.742  Definitions.
63.743  Standards: General.
63.744  Standards: Cleaning operations.
63.745  Standards: Primer and topcoat application operations.
63.746  Standards: Depainting operations.
63.747  Standards: Chemical milling maskant application operations.
63.748  Standards: Handling and storage of waste.
63.749  Compliance dates and determinations.
63.750  Test methods and procedures.
63.751  Monitoring requirements.
63.752  Recordkeeping requirements.
63.753  Reporting requirements.
63.754-63.759  [Reserved]

                         Subpart HH--[Reserved]

Subpart II--National Emission Standards for Shipbuilding and Ship Repair 
                            (Surface Coating)

63.780  Relationship of subpart II to subpart A of this part.
63.781  Applicability.
63.782  Definitions.
63.783  Standards.
63.784  Compliance dates.
63.785  Compliance procedures.
63.786  Test methods and procedures.
63.787  Notification requirements.
63.788  Recordkeeping and reporting requirements.

Table 1 to Subpart II of Part 63--General Provisions of Applicability to 
          Subpart II
Table 2 to Subpart II of Part 63--Volatile Organic HAP (VOHAP) Limits 
          for Marine Coatings
Table 3 to Subpart II of Part 63--Summary of Recordkeeping and Reporting 
          Requirements
Appendix A to Subpart II of Part 63--VOC Data Sheet
Appendix B to Subpart II of Part 63--Maximum Allowable Thinning Rates As 
          A Function Of As Supplied VOC Content And Thinner Density

Subpart JJ--National Emission Standards for Wood Furniture Manufacturing 
                               Operations

63.800  Applicability.
63.801  Definitions.
63.802  Emission limits.
63.803  Work practice standards.
63.804  Compliance procedures and monitoring requirements.
63.805  Performance test methods.
63.806  Recordkeeping requirements.
63.807  Reporting requirements.
63.808  Delegation of authority.
63.809-63.819  [Reserved]
Tables to Subpart JJ to Part 63

Subpart KK--National Emission Standards for the Printing and Publishing 
                                Industry

63.820  Applicability.
63.821  Designation of affected sources.
63.822  Definitions.
63.823  Standards: General.
63.824  Standards: Publication rotogravure printing.
63.825  Standards: Product and packaging rotogravure and wide-web 
          flexographic printing.
63.826  Compliance dates.
63.827  Performance test methods.
63.828  Monitoring requirements.
63.829  Recordkeeping requirements.
63.830  Reporting requirements.
63.831  Delegation of authority.
63.832--63.839 [Reserved]
Table 1 to Subpart KK to Part 63--Applicability of General Provisions to 
          Subpart KK
Appendix A to Subpart KK to Part 63--Data Quality Objective and Lower 
          Confidence Limit Approaches for Alternative Capture Efficiency 
          Protocols and Test Methods

                       Subparts LL-NN  [Reserved]

       Subpart OO--National Emission Standards for Tanks--Level 1

63.900  Applicability.
63.901  Definitions.
63.902  Standards--Tank fixed roof.
63.903-63.904  [Reserved]
63.905  Test methods and procedures.
63.906  Inspection and monitoring requirements.
63.907  Recordkeeping requirements.

         Subpart PP--National Emission Standards for Containers

63.920  Applicability.
63.921  Definitions.
63.922  Standards--Container Level 1 controls.
63.923  Standards--Container Level 2 controls.
63.924  Standards--Container Level 3 controls.
63.925  Test methods and procedures.
63.926  Inspection and monitoring requirements.
63.927  Recordkeeping requirements.

[[Page 335]]

63.928  Reporting requirements.

    Subpart QQ--National Emission Standards for Surface Impoundments

63.940  Applicability.
63.941  Definitions.
63.942  Standards--Surface impoundment floating membrane cover.
63.943  Standards--Surface impoundment cover vented to control device.
63.944  [Reserved]
63.945  Test methods and procedures.
63.946  Inspection and monitoring requirements.
63.947  Recordkeeping requirements.
63.948  Reporting requirements.

  Subpart RR--National Emission Standards for Individual Drain Systems

63.960  Applicability.
63.961  Definitions.
63.962  Standards.
63.963  [Reserved]
63.964  Inspection and monitoring requirements.
63.965  Recordkeeping requirements.
63.966  Reporting requirements.

                       Subparts SS-UU  [Reserved]

  Subpart VV--National Emission Standards for Oil-Water Separators and 
                        Organic-Water Separators

63.1040  Applicability.
63.1041  Definitions.
63.1042  Standards--Separator fixed roof.
63.1043  Standards--Separator floating roof.
63.1044  Standards--Separator vented to control device.
63.1045  [Reserved]
63.1046  Test methods and procedures.
63.1047  Inspection and monitoring requirements.
63.1048  Recordkeeping requirements.
63.1049  Reporting requirements.
Appendix A to Part 63--Test Methods
Appendix B to Part 63--Sources Defined for Early Reduction Provisions
Appendix C to Part 63--Determination of the Fraction Biodegraded 
          (Fbio) in a Biological Treatment Unit
Appendix D to Part 63--Alternative Validation Procedure for EPA Waste 
          and Wastewater Methods

    Authority: 42 U.S.C. 7401 et seq.

    Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.



                      Subpart A--General Provisions

    Source: 59 FR 12430, Mar. 16, 1994, unless otherwise noted.



Sec. 63.1  Applicability.

    (a) General. (1) Terms used throughout this part are defined in 
Sec. 63.2 or in the Clean Air Act (Act) as amended in 1990, except that 
individual subparts of this part may include specific definitions in 
addition to or that supersede definitions in Sec. 63.2.
    (2) This part contains national emission standards for hazardous air 
pollutants (NESHAP) established pursuant to section 112 of the Act as 
amended November 15, 1990. These standards regulate specific categories 
of stationary sources that emit (or have the potential to emit) one or 
more hazardous air pollutants listed in this part pursuant to section 
112(b) of the Act. This section explains the applicability of such 
standards to sources affected by them. The standards in this part are 
independent of NESHAP contained in 40 CFR part 61. The NESHAP in part 61 
promulgated by signature of the Administrator before November 15, 1990 
(i.e., the date of enactment of the Clean Air Act Amendments of 1990) 
remain in effect until they are amended, if appropriate, and added to 
this part.
    (3) No emission standard or other requirement established under this 
part shall be interpreted, construed, or applied to diminish or replace 
the requirements of a more stringent emission limitation or other 
applicable requirement established by the Administrator pursuant to 
other authority of the Act (including those requirements in part 60 of 
this chapter), or a standard issued under State authority.
    (4) The provisions of this subpart (i.e., subpart A of this part) 
apply to owners or operators who are subject to subsequent subparts of 
this part, except when otherwise specified in a particular subpart or in 
a relevant standard. The general provisions in subpart A eliminate the 
repetition of requirements applicable to all owners or operators 
affected by this part. The general provisions in subpart A do not apply 
to regulations developed pursuant to section 112(r) of the amended Act, 
unless otherwise specified in those regulations.
    (5) [Reserved]
    (6) To obtain the most current list of categories of sources to be 
regulated

[[Page 336]]

under section 112 of the Act, or to obtain the most recent regulation 
promulgation schedule established pursuant to section 112(e) of the Act, 
contact the Office of the Director, Emission Standards Division, Office 
of Air Quality Planning and Standards, U.S. EPA (MD-13), Research 
Triangle Park, North Carolina 27711.
    (7) Subpart D of this part contains regulations that address 
procedures for an owner or operator to obtain an extension of compliance 
with a relevant standard through an early reduction of emissions of 
hazardous air pollutants pursuant to section 112(i)(5) of the Act.
    (8) Subpart E of this part contains regulations that provide for the 
establishment of procedures consistent with section 112(l) of the Act 
for the approval of State rules or programs to implement and enforce 
applicable Federal rules promulgated under the authority of section 112. 
Subpart E also establishes procedures for the review and withdrawal of 
section 112 implementation and enforcement authorities granted through a 
section 112(l) approval.
    (9) [Reserved]
    (10) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (11) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, test plan, report, or other written 
communication to the Administrator, the owner or operator shall postmark 
the submittal on or before the number of days specified in the 
applicable requirement. For example, if a notification must be submitted 
15 days before a particular event is scheduled to take place, the 
notification shall be postmarked on or before 15 days preceding the 
event; likewise, if a notification must be submitted 15 days after a 
particular event takes place, the notification shall be postmarked on or 
before 15 days following the end of the event. The use of reliable non-
Government mail carriers that provide indications of verifiable delivery 
of information required to be submitted to the Administrator, similar to 
the postmark provided by the U.S. Postal Service, or alternative means 
of delivery agreed to by the permitting authority, is acceptable.
    (12) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in Sec. 63.9(i).
    (13) Special provisions set forth under an applicable subpart of 
this part or in a relevant standard established under this part shall 
supersede any conflicting provisions of this subpart.
    (14) Any standards, limitations, prohibitions, or other federally 
enforceable requirements established pursuant to procedural regulations 
in this part [including, but not limited to, equivalent emission 
limitations established pursuant to section 112(g) of the Act] shall 
have the force and effect of requirements promulgated in this part and 
shall be subject to the provisions of this subpart, except when 
explicitly specified otherwise.
    (b) Initial applicability determination for this part. (1) The 
provisions of this part apply to the owner or operator of any stationary 
source that--
    (i) Emits or has the potential to emit any hazardous air pollutant 
listed in or pursuant to section 112(b) of the Act; and
    (ii) Is subject to any standard, limitation, prohibition, or other 
federally enforceable requirement established pursuant to this part.
    (2) In addition to complying with the provisions of this part, the 
owner or operator of any such source may be required to obtain an 
operating permit issued to stationary sources by an authorized State air 
pollution control agency or by the Administrator of the U.S. 
Environmental Protection Agency (EPA) pursuant to title V of the Act (42 
U.S.C. 7661). For more information about obtaining an operating permit, 
see part 70 of this chapter.

[[Page 337]]

    (3) An owner or operator of a stationary source that emits (or has 
the potential to emit, without considering controls) one or more 
hazardous air pollutants who determines that the source is not subject 
to a relevant standard or other requirement established under this part, 
shall keep a record of the applicability determination as specified in 
Sec. 63.10(b)(3) of this subpart.
    (c) Applicability of this part after a relevant standard has been 
set under this part. (1) If a relevant standard has been established 
under this part, the owner or operator of an affected source shall 
comply with the provisions of this subpart and the provisions of that 
standard, except as specified otherwise in this subpart or that 
standard.
    (2) If a relevant standard has been established under this part, the 
owner or operator of an affected source may be required to obtain a 
title V permit from the permitting authority in the State in which the 
source is located. Emission standards promulgated in this part for area 
sources will specify whether--
    (i) States will have the option to exclude area sources affected by 
that standard from the requirement to obtain a title V permit (i.e., the 
standard will exempt the category of area sources altogether from the 
permitting requirement);
    (ii) States will have the option to defer permitting of area sources 
in that category until the Administrator takes rulemaking action to 
determine applicability of the permitting requirements; or
    (iii) Area sources affected by that emission standard are 
immediately subject to the requirement to apply for and obtain a title V 
permit in all States. If a standard fails to specify what the permitting 
requirements will be for area sources affected by that standard, then 
area sources that are subject to the standard will be subject to the 
requirement to obtain a title V permit without deferral. If the owner or 
operator is required to obtain a title V permit, he or she shall apply 
for such permit in accordance with part 70 of this chapter and 
applicable State regulations, or in accordance with the regulations 
contained in this chapter to implement the Federal title V permit 
program (42 U.S.C. 7661), whichever regulations are applicable.
    (3) [Reserved]
    (4) If the owner or operator of an existing source obtains an 
extension of compliance for such source in accordance with the 
provisions of subpart D of this part, the owner or operator shall comply 
with all requirements of this subpart except those requirements that are 
specifically overridden in the extension of compliance for that source.
    (5) If an area source that otherwise would be subject to an emission 
standard or other requirement established under this part if it were a 
major source subsequently increases its emissions of hazardous air 
pollutants (or its potential to emit hazardous air pollutants) such that 
the source is a major source that is subject to the emission standard or 
other requirement, such source also shall be subject to the notification 
requirements of this subpart.
    (d) [Reserved]
    (e) Applicability of permit program before a relevant standard has 
been set under this part. After the effective date of an approved permit 
program in the State in which a stationary source is (or would be) 
located, the owner or operator of such source may be required to obtain 
a title V permit from the permitting authority in that State (or revise 
such a permit if one has already been issued to the source) before a 
relevant standard is established under this part. If the owner or 
operator is required to obtain (or revise) a title V permit, he/she 
shall apply to obtain (or revise) such permit in accordance with the 
regulations contained in part 70 of this chapter and applicable State 
regulations, or the regulations codified in this chapter to implement 
the Federal title V permit program (42 U.S.C. 7661), whichever 
regulations are applicable.



Sec. 63.2  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Pub. L. 101-549, 104 Stat. 2399).

[[Page 338]]

    Actual emissions is defined in subpart D of this part for the 
purpose of granting a compliance extension for an early reduction of 
hazardous air pollutants.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this part).
    Affected source, for the purposes of this part, means the stationary 
source, the group of stationary sources, or the portion of a stationary 
source that is regulated by a relevant standard or other requirement 
established pursuant to section 112 of the Act. Each relevant standard 
will define the ``affected source'' for the purposes of that standard. 
The term ``affected source,'' as used in this part, is separate and 
distinct from any other use of that term in EPA regulations such as 
those implementing title IV of the Act. Sources regulated under part 60 
or part 61 of this chapter are not affected sources for the purposes of 
part 63.
    Alternative emission limitation means conditions established 
pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the 
Administrator or by a State with an approved permit program.
    Alternative emission standard means an alternative means of emission 
limitation that, after notice and opportunity for public comment, has 
been demonstrated by an owner or operator to the Administrator's 
satisfaction to achieve a reduction in emissions of any air pollutant at 
least equivalent to the reduction in emissions of such pollutant 
achieved under a relevant design, equipment, work practice, or 
operational emission standard, or combination thereof, established under 
this part pursuant to section 112(h) of the Act.
    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a test method in this chapter and that 
has been demonstrated to the Administrator's satisfaction, using Method 
301 in Appendix A of this part, to produce results adequate for the 
Administrator's determination that it may be used in place of a test 
method specified in this part.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to title V 
of the Act (42 U.S.C. 7661).
    Area source means any stationary source of hazardous air pollutants 
that is not a major source as defined in this part.
    Commenced means, with respect to construction or reconstruction of a 
stationary source, that an owner or operator has undertaken a continuous 
program of construction or reconstruction or that an owner or operator 
has entered into a contractual obligation to undertake and complete, 
within a reasonable time, a continuous program of construction or 
reconstruction.
    Compliance date means the date by which an affected source is 
required to be in compliance with a relevant standard, limitation, 
prohibition, or any federally enforceable requirement established by the 
Administrator (or a State with an approved permit program) pursuant to 
section 112 of the Act.
    Compliance plan means a plan that contains all of the following:
    (1) A description of the compliance status of the affected source 
with respect to all applicable requirements established under this part;
    (2) A description as follows: (i) For applicable requirements for 
which the source is in compliance, a statement that the source will 
continue to comply with such requirements;
    (ii) For applicable requirements that the source is required to 
comply with by a future date, a statement that the source will meet such 
requirements on a timely basis;
    (iii) For applicable requirements for which the source is not in 
compliance, a narrative description of how the source will achieve 
compliance with such requirements on a timely basis;
    (3) A compliance schedule, as defined in this section; and
    (4) A schedule for the submission of certified progress reports no 
less frequently than every 6 months for affected sources required to 
have a schedule of compliance to remedy a violation.

[[Page 339]]

    Compliance schedule means: (1) In the case of an affected source 
that is in compliance with all applicable requirements established under 
this part, a statement that the source will continue to comply with such 
requirements; or
    (2) In the case of an affected source that is required to comply 
with applicable requirements by a future date, a statement that the 
source will meet such requirements on a timely basis and, if required by 
an applicable requirement, a detailed schedule of the dates by which 
each step toward compliance will be reached; or
    (3) In the case of an affected source not in compliance with all 
applicable requirements established under this part, a schedule of 
remedial measures, including an enforceable sequence of actions or 
operations with milestones and a schedule for the submission of 
certified progress reports, where applicable, leading to compliance with 
a relevant standard, limitation, prohibition, or any federally 
enforceable requirement established pursuant to section 112 of the Act 
for which the affected source is not in compliance. This compliance 
schedule shall resemble and be at least as stringent as that contained 
in any judicial consent decree or administrative order to which the 
source is subject. Any such schedule of compliance shall be supplemental 
to, and shall not sanction noncompliance with, the applicable 
requirements on which it is based.
    Construction means the on-site fabrication, erection, or 
installation of an affected source.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) is a comprehensive term that may 
include, but is not limited to, continuous emission monitoring systems, 
continuous opacity monitoring systems, continuous parameter monitoring 
systems, or other manual or automatic monitoring that is used for 
demonstrating compliance with an applicable regulation on a continuous 
basis as defined by the regulation.
    Continuous opacity monitoring system (COMS) means a continuous 
monitoring system that measures the opacity of emissions.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this part, used to sample, condition (if applicable), 
analyze, and provide a record of process or control system parameters.
    Effective date means: (1) With regard to an emission standard 
established under this part, the date of promulgation in the Federal 
Register of such standard; or
    (2) With regard to an alternative emission limitation or equivalent 
emission limitation determined by the Administrator (or a State with an 
approved permit program), the date that the alternative emission 
limitation or equivalent emission limitation becomes effective according 
to the provisions of this part. The effective date of a permit program 
established under title V of the Act (42 U.S.C. 7661) is determined 
according to the regulations in this chapter establishing such programs.
    Emission standard means a national standard, limitation, 
prohibition, or other regulation promulgated in a subpart of this part 
pursuant to sections 112(d), 112(h), or 112(f) of the Act.
    Emissions averaging is a way to comply with the emission limitations 
specified in a relevant standard, whereby an affected source, if allowed 
under a subpart of this part, may create emission credits by reducing 
emissions from specific points to a level below that required by the 
relevant standard, and those credits are used to offset emissions from 
points that are not controlled to the level required by the relevant 
standard.
    EPA means the United States Environmental Protection Agency.
    Equivalent emission limitation means the maximum achievable control 
technology emission limitation (MACT emission limitation) for hazardous 
air pollutants that the Administrator (or a State with an approved 
permit program) determines on a case-by-case

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basis, pursuant to section 112(g) or section 112(j) of the Act, to be 
equivalent to the emission standard that would apply to an affected 
source if such standard had been promulgated by the Administrator under 
this part pursuant to section 112(d) or section 112(h) of the Act.
    Excess emissions and continuous monitoring system performance report 
is a report that must be submitted periodically by an affected source in 
order to provide data on its compliance with relevant emission limits, 
operating parameters, and the performance of its continuous parameter 
monitoring systems.
    Existing source means any affected source that is not a new source.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator and citizens under the Act or that are 
enforceable under other statutes administered by the Administrator. 
Examples of federally enforceable limitations and conditions include, 
but are not limited to:
    (1) Emission standards, alternative emission standards, alternative 
emission limitations, and equivalent emission limitations established 
pursuant to section 112 of the Act as amended in 1990;
    (2) New source performance standards established pursuant to section 
111 of the Act, and emission standards established pursuant to section 
112 of the Act before it was amended in 1990;
    (3) All terms and conditions in a title V permit, including any 
provisions that limit a source's potential to emit, unless expressly 
designated as not federally enforceable;
    (4) Limitations and conditions that are part of an approved State 
Implementation Plan (SIP) or a Federal Implementation Plan (FIP);
    (5) Limitations and conditions that are part of a Federal 
construction permit issued under 40 CFR 52.21 or any construction permit 
issued under regulations approved by the EPA in accordance with 40 CFR 
part 51;
    (6) Limitations and conditions that are part of an operating permit 
issued pursuant to a program approved by the EPA into a SIP as meeting 
the EPA's minimum criteria for Federal enforceability, including 
adequate notice and opportunity for EPA and public comment prior to 
issuance of the final permit and practicable enforceability;
    (7) Limitations and conditions in a State rule or program that has 
been approved by the EPA under subpart E of this part for the purposes 
of implementing and enforcing section 112; and
    (8) Individual consent agreements that the EPA has legal authority 
to create.
    Fixed capital cost means the capital needed to provide all the 
depreciable components of an existing source.
    Fugitive emissions means those emissions from a stationary source 
that could not reasonably pass through a stack, chimney, vent, or other 
functionally equivalent opening. Under section 112 of the Act, all 
fugitive emissions are to be considered in determining whether a 
stationary source is a major source.
    Hazardous air pollutant means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When the 
EPA is the permitting authority, issuance of a title V permit occurs 
immediately after the EPA takes final action on the final permit.
    Lesser quantity means a quantity of a hazardous air pollutant that 
is or may be emitted by a stationary source that the Administrator 
establishes in order to define a major source under an applicable 
subpart of this part.
    Major source means any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit considering controls, in the 
aggregate, 10 tons per year or more of any hazardous air pollutant or 25 
tons per year or more of any combination of hazardous air pollutants, 
unless the Administrator establishes a lesser quantity, or in the case 
of radionuclides, different criteria from those specified in this 
sentence.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable

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failure of air pollution control equipment, process equipment, or a 
process to operate in a normal or usual manner. Failures that are caused 
in part by poor maintenance or careless operation are not malfunctions.
    New source means any affected source the construction or 
reconstruction of which is commenced after the Administrator first 
proposes a relevant emission standard under this part.
    One-hour period, unless otherwise defined in an applicable subpart, 
means any 60-minute period commencing on the hour.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background. For 
continuous opacity monitoring systems, opacity means the fraction of 
incident light that is attenuated by an optical medium.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a stationary source.
    Part 70 permit means any permit issued, renewed, or revised pursuant 
to part 70 of this chapter.
    Performance audit means a procedure to analyze blind samples, the 
content of which is known by the Administrator, simultaneously with the 
analysis of performance test samples in order to provide a measure of 
test data quality.
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Permit modification means a change to a title V permit as defined in 
regulations codified in this chapter to implement title V of the Act (42 
U.S.C. 7661).
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permit revision means any permit modification or administrative 
permit amendment to a title V permit as defined in regulations codified 
in this chapter to implement title V of the Act (42 U.S.C. 7661).
    Permitting authority means: (1) The State air pollution control 
agency, local agency, other State agency, or other agency authorized by 
the Administrator to carry out a permit program under part 70 of this 
chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661).
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable.
    Reconstruction means the replacement of components of an affected or 
a previously unaffected stationary source to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the relevant standard(s) established by the 
Administrator (or a State) pursuant to section 112 of the Act. Upon 
reconstruction, an affected source, or a stationary source that becomes 
an affected source, is subject to relevant standards for new sources, 
including compliance dates, irrespective of any change in emissions of 
hazardous air pollutants from that source.
    Regulation promulgation schedule means the schedule for the 
promulgation of emission standards under this part, established by the 
Administrator pursuant to section 112(e) of the Act

[[Page 342]]

and published in the Federal Register.
    Relevant standard means:
    (1) An emission standard;
    (2) An alternative emission standard;
    (3) An alternative emission limitation; or
    (4) An equivalent emission limitation established pursuant to 
section 112 of the Act that applies to the stationary source, the group 
of stationary sources, or the portion of a stationary source regulated 
by such standard or limitation.

A relevant standard may include or consist of a design, equipment, work 
practice, or operational requirement, or other measure, process, method, 
system, or technique (including prohibition of emissions) that the 
Administrator (or a State) establishes for new or existing sources to 
which such standard or limitation applies. Every relevant standard 
established pursuant to section 112 of the Act includes subpart A of 
this part and all applicable appendices of this part or of other parts 
of this chapter that are referenced in that standard.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice 
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the Administrator.
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency: 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of the EPA).
    (4) For affected sources (as defined in this part) applying for or 
subject to a title V permit: ``responsible official'' shall have the 
same meaning as defined in part 70 or Federal title V regulations in 
this chapter (42 U.S.C. 7661), whichever is applicable.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle as 
specified in this part.
    Shutdown means the cessation of operation of an affected source for 
any purpose.
    Six-minute period means, with respect to opacity determinations, any 
one of the 10 equal parts of a 1-hour period.
    Standard conditions means a temperature of 293 K (68 deg. F) and a 
pressure of 101.3 kilopascals (29.92 in. Hg).
    Startup means the setting in operation of an affected source for any 
purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part and/or (2) the 
permit program established under part 70 of this chapter. The term State 
shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant.
    Test method means the validated procedure for sampling, preparing, 
and analyzing for an air pollutant specified in a relevant standard as 
the performance test procedure. The test method may include methods 
described in an appendix of this chapter, test methods incorporated by 
reference in this part, or methods validated for an application through 
procedures in Method 301 of appendix A of this part.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established to implement title V of the 
Act (42 U.S.C. 7661). A title V permit issued

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by a State permitting authority is called a part 70 permit in this part.
    Visible emission means the observation of an emission of opacity or 
optical density above the threshold of vision.



Sec. 63.3   Units and abbreviations.

    Used in this part are abbreviations and symbols of units of measure. 
These are defined as follows:
    (a) System International (SI) units of measure:

A = ampere
g = gram
Hz = hertz
J = joule
 deg.K = degree Kelvin
kg = kilogram
l = liter
m = meter
m\3\ = cubic meter
mg = milligram = 10-3 gram
ml = milliliter = 10-3 liter
mm = millimeter = 10-3 meter
Mg = megagram = 10\6\ gram = metric ton
MJ = megajoule
mol = mole
N = newton
ng = nanogram = 10-9 gram
nm = nanometer = 10-9 meter
Pa = pascal
s = second
V = volt
W = watt
 = ohm
g = microgram = 10-6 gram
l = microliter = 10-6 liter

    (b) Other units of measure:

Btu = British thermal unit
 deg.C = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard conditions
dscm = dry cubic meter at standard conditions
eq = equivalent
 deg.F degree Fahrenheit
ft = feet
ft\2\ = square feet
ft\3\ = cubic feet
gal = gallon
gr = grain
g-eq = gram equivalent
g-mole = gram mole
hr = hour
in. = inch
in. H2O = inches of water
K = 1,000
kcal = kilocalorie
lb = pound
lpm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = parts per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
 deg.R = degree Rankine
scf = cubic feet at standard conditions
scfh = cubic feet at standard conditions per hour
scm = cubic meter at standard conditions
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd\2\ = square yards
yr = year

    (c) Miscellaneous:

act = actual
avg = average
I.D. = inside diameter
M = molar
N = normal
O.D. = outside diameter
% = percent



Sec. 63.4  Prohibited activities and circumvention.

    (a) Prohibited activities. (1) No owner or operator subject to the 
provisions of this part shall operate any affected source in violation 
of the requirements of this part except under--
    (i) An extension of compliance granted by the Administrator under 
this part; or
    (ii) An extension of compliance granted under this part by a State 
with an approved permit program; or
    (iii) An exemption from compliance granted by the President under 
section 112(i)(4) of the Act.

[[Page 344]]

    (2) No owner or operator subject to the provisions of this part 
shall fail to keep records, notify, report, or revise reports as 
required under this part.
    (3) After the effective date of an approved permit program in a 
State, no owner or operator of an affected source in that State who is 
required under this part to obtain a title V permit shall operate such 
source except in compliance with the provisions of this part and the 
applicable requirements of the permit program in that State.
    (4) [Reserved]
    (5) An owner or operator of an affected source who is subject to an 
emission standard promulgated under this part shall comply with the 
requirements of that standard by the date(s) established in the 
applicable subpart(s) of this part (including this subpart) regardless 
of whether--
    (i) A title V permit has been issued to that source; or
    (ii) If a title V permit has been issued to that source, whether 
such permit has been revised or modified to incorporate the emission 
standard.
    (b) Circumvention. No owner or operator subject to the provisions of 
this part shall build, erect, install, or use any article, machine, 
equipment, or process to conceal an emission that would otherwise 
constitute noncompliance with a relevant standard. Such concealment 
includes, but is not limited to--
    (1) The use of diluents to achieve compliance with a relevant 
standard based on the concentration of a pollutant in the effluent 
discharged to the atmosphere;
    (2) The use of gaseous diluents to achieve compliance with a 
relevant standard for visible emissions; and
    (3) The fragmentation of an operation such that the operation avoids 
regulation by a relevant standard.
    (c) Severability. Notwithstanding any requirement incorporated into 
a title V permit obtained by an owner or operator subject to the 
provisions of this part, the provisions of this part are federally 
enforceable.



Sec. 63.5  Construction and reconstruction.

    (a) Applicability. (1) This section implements the preconstruction 
review requirements of section 112(i)(1) for sources subject to a 
relevant emission standard that has been promulgated in this part. In 
addition, this section includes other requirements for constructed and 
reconstructed stationary sources that are or become subject to a 
relevant promulgated emission standard.
    (2) After the effective date of a relevant standard promulgated 
under this part, the requirements in this section apply to owners or 
operators who construct a new source or reconstruct a source after the 
proposal date of that standard. New or reconstructed sources that start 
up before the standard's effective date are not subject to the 
preconstruction review requirements specified in paragraphs (b)(3), (d), 
and (e) of this section.
    (b) Requirements for existing, newly constructed, and reconstructed 
sources. (1) Upon construction an affected source is subject to relevant 
standards for new sources, including compliance dates. Upon 
reconstruction, an affected source is subject to relevant standards for 
new sources, including compliance dates, irrespective of any change in 
emissions of hazardous air pollutants from that source.
    (2) [Reserved]
    (3) After the effective date of any relevant standard promulgated by 
the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, no person may construct a new major affected source 
or reconstruct a major affected source subject to such standard, or 
reconstruct a major source such that the source becomes a major affected 
source subject to the standard, without obtaining written approval, in 
advance, from the Administrator in accordance with the procedures 
specified in paragraphs (d) and (e) of this section.
    (4) After the effective date of any relevant standard promulgated by 
the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, no person may construct a new affected source or 
reconstruct an affected

[[Page 345]]

source subject to such standard, or reconstruct a source such that the 
source becomes an affected source subject to the standard, without 
notifying the Administrator of the intended construction or 
reconstruction. The notification shall be submitted in accordance with 
the procedures in Sec. 63.9(b) and shall include all the information 
required for an application for approval of construction or 
reconstruction as specified in paragraph (d) of this section. For major 
sources, the application for approval of construction or reconstruction 
may be used to fulfill the notification requirements of this paragraph.
    (5) After the effective date of any relevant standard promulgated by 
the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is 
located, no person may operate such source without complying with the 
provisions of this subpart and the relevant standard unless that person 
has received an extension of compliance or an exemption from compliance 
under Sec. 63.6(i) or Sec. 63.6(j) of this subpart.
    (6) After the effective date of any relevant standard promulgated by 
the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is 
located, equipment added (or a process change) to an affected source 
that is within the scope of the definition of affected source under the 
relevant standard shall be considered part of the affected source and 
subject to all provisions of the relevant standard established for that 
affected source. If a new affected source is added to the facility, the 
new affected source shall be subject to all the provisions of the 
relevant standard that are established for new sources including 
compliance dates.
    (c) [Reserved]
    (d) Application for approval of construction or reconstruction. The 
provisions of this paragraph implement section 112(i)(1) of the Act.
    (1) General application requirements. (i) An owner or operator who 
is subject to the requirements of paragraph (b)(3) of this section shall 
submit to the Administrator an application for approval of the 
construction of a new major affected source, the reconstruction of a 
major affected source, or the reconstruction of a major source such that 
the source becomes a major affected source subject to the standard. The 
application shall be submitted as soon as practicable before the 
construction or reconstruction is planned to commence (but no sooner 
than the effective date of the relevant standard) if the construction or 
reconstruction commences after the effective date of a relevant standard 
promulgated in this part. The application shall be submitted as soon as 
practicable before startup but no later than 60 days after the effective 
date of a relevant standard promulgated in this part if the construction 
or reconstruction had commenced and initial startup had not occurred 
before the standard's effective date. The application for approval of 
construction or reconstruction may be used to fulfill the initial 
notification requirements of Sec. 63.9(b)(5) of this subpart. The owner 
or operator may submit the application for approval well in advance of 
the date construction or reconstruction is planned to commence in order 
to ensure a timely review by the Administrator and that the planned 
commencement date will not be delayed.
    (ii) A separate application shall be submitted for each construction 
or reconstruction. Each application for approval of construction or 
reconstruction shall include at a minimum:
    (A) The applicant's name and address;
    (B) A notification of intention to construct a new major affected 
source or make any physical or operational change to a major affected 
source that may meet or has been determined to meet the criteria for a 
reconstruction, as defined in Sec. 63.2;
    (C) The address (i.e., physical location) or proposed address of the 
source;
    (D) An identification of the relevant standard that is the basis of 
the application;
    (E) The expected commencement date of the construction or 
reconstruction;
    (F) The expected completion date of the construction or 
reconstruction;
    (G) The anticipated date of (initial) startup of the source;

[[Page 346]]

    (H) The type and quantity of hazardous air pollutants emitted by the 
source, reported in units and averaging times and in accordance with the 
test methods specified in the relevant standard, or if actual emissions 
data are not yet available, an estimate of the type and quantity of 
hazardous air pollutants expected to be emitted by the source reported 
in units and averaging times specified in the relevant standard. The 
owner or operator may submit percent reduction information if a relevant 
standard is established in terms of percent reduction. However, 
operating parameters, such as flow rate, shall be included in the 
submission to the extent that they demonstrate performance and 
compliance; and
    (I) [Reserved]
    (J) Other information as specified in paragraphs (d)(2) and (d)(3) 
of this section.
    (iii) An owner or operator who submits estimates or preliminary 
information in place of the actual emissions data and analysis required 
in paragraphs (d)(1)(ii)(H) and (d)(2) of this section shall submit the 
actual, measured emissions data and other correct information as soon as 
available but no later than with the notification of compliance status 
required in Sec. 63.9(h) (see Sec. 63.9(h)(5)).
    (2) Application for approval of construction. Each application for 
approval of construction shall include, in addition to the information 
required in paragraph (d)(1)(ii) of this section, technical information 
describing the proposed nature, size, design, operating design capacity, 
and method of operation of the source, including an identification of 
each point of emission for each hazardous air pollutant that is emitted 
(or could be emitted) and a description of the planned air pollution 
control system (equipment or method) for each emission point. The 
description of the equipment to be used for the control of emissions 
shall include each control device for each hazardous air pollutant and 
the estimated control efficiency (percent) for each control device. The 
description of the method to be used for the control of emissions shall 
include an estimated control efficiency (percent) for that method. Such 
technical information shall include calculations of emission estimates 
in sufficient detail to permit assessment of the validity of the 
calculations. An owner or operator who submits approximations of control 
efficiencies under this subparagraph shall submit the actual control 
efficiencies as specified in paragraph (d)(1)(iii) of this section.
    (3) Application for approval of reconstruction. Each application for 
approval of reconstruction shall include, in addition to the information 
required in paragraph (d)(1)(ii) of this section--
    (i) A brief description of the affected source and the components 
that are to be replaced;
    (ii) A description of present and proposed emission control systems 
(i.e., equipment or methods). The description of the equipment to be 
used for the control of emissions shall include each control device for 
each hazardous air pollutant and the estimated control efficiency 
(percent) for each control device. The description of the method to be 
used for the control of emissions shall include an estimated control 
efficiency (percent) for that method. Such technical information shall 
include calculations of emission estimates in sufficient detail to 
permit assessment of the validity of the calculations;
    (iii) An estimate of the fixed capital cost of the replacements and 
of constructing a comparable entirely new source;
    (iv) The estimated life of the affected source after the 
replacements; and
    (v) A discussion of any economic or technical limitations the source 
may have in complying with relevant standards or other requirements 
after the proposed replacements. The discussion shall be sufficiently 
detailed to demonstrate to the Administrator's satisfaction that the 
technical or economic limitations affect the source's ability to comply 
with the relevant standard and how they do so.
    (vi) If in the application for approval of reconstruction the owner 
or operator designates the affected source as a reconstructed source and 
declares that there are no economic or technical limitations to prevent 
the source from complying with all relevant standards

[[Page 347]]

or other requirements, the owner or operator need not submit the 
information required in subparagraphs (d)(3) (iii) through (v) of this 
section, above.
    (4) Additional information. The Administrator may request additional 
relevant information after the submittal of an application for approval 
of construction or reconstruction.
    (e) Approval of construction or reconstruction. (1)(i) If the 
Administrator determines that, if properly constructed, or 
reconstructed, and operated, a new or existing source for which an 
application under paragraph (d) of this section was submitted will not 
cause emissions in violation of the relevant standard(s) and any other 
federally enforceable requirements, the Administrator will approve the 
construction or reconstruction.
    (ii) In addition, in the case of reconstruction, the Administrator's 
determination under this paragraph will be based on:
    (A) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new source;
    (B) The estimated life of the source after the replacements compared 
to the life of a comparable entirely new source;
    (C) The extent to which the components being replaced cause or 
contribute to the emissions from the source; and
    (D) Any economic or technical limitations on compliance with 
relevant standards that are inherent in the proposed replacements.
    (2)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of construction or 
reconstruction within 60 calendar days after receipt of sufficient 
information to evaluate an application submitted under paragraph (d) of 
this section. The 60-day approval or denial period will begin after the 
owner or operator has been notified in writing that his/her application 
is complete. The Administrator will notify the owner or operator in 
writing of the status of his/her application, that is, whether the 
application contains sufficient information to make a determination, 
within 30 calendar days after receipt of the original application and 
within 30 calendar days after receipt of any supplementary information 
that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (3) Before denying any application for approval of construction or 
reconstruction, the Administrator will notify the applicant of the 
Administrator's intention to issue the denial together with--
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for the applicant to present, in writing, 
within 30 calendar days after he/she is notified of the intended denial, 
additional information or arguments to the Administrator to enable 
further action on the application.
    (4) A final determination to deny any application for approval will 
be in writing and will specify the grounds on which the denial is based. 
The final determination will be made within 60 calendar days of 
presentation of additional information or arguments (if the application 
is complete), or within 60 calendar days after the final date specified 
for presentation if no presentation is made.
    (5) Neither the submission of an application for approval nor the 
Administrator's approval of construction or reconstruction shall--
    (i) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (ii) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (f) Approval of construction or reconstruction based on prior State 
preconstruction review. (1) The Administrator may approve an application 
for

[[Page 348]]

construction or reconstruction specified in paragraphs (b)(3) and (d) of 
this section if the owner or operator of a new or reconstructed source 
who is subject to such requirement demonstrates to the Administrator's 
satisfaction that the following conditions have been (or will be) met:
    (i) The owner or operator of the new or reconstructed source has 
undergone a preconstruction review and approval process in the State in 
which the source is (or would be) located before the promulgation date 
of the relevant standard and has received a federally enforceable 
construction permit that contains a finding that the source will meet 
the relevant emission standard as proposed, if the source is properly 
built and operated;
    (ii) In making its finding, the State has considered factors 
substantially equivalent to those specified in paragraph (e)(1) of this 
section; and either
    (iii) The promulgated standard is no more stringent than the 
proposed standard in any relevant aspect that would affect the 
Administrator's decision to approve or disapprove an application for 
approval of construction or reconstruction under this section; or
    (iv) The promulgated standard is more stringent than the proposed 
standard but the owner or operator will comply with the standard as 
proposed during the 3-year period immediately following the effective 
date of the standard as allowed for in Sec. 63.6(b)(3) of this subpart.
    (2) The owner or operator shall submit to the Administrator the 
request for approval of construction or reconstruction under this 
paragraph no later than the application deadline specified in paragraph 
(d)(1) of this section (see also Sec. 63.9(b)(2) of this subpart). The 
owner or operator shall include in the request information sufficient 
for the Administrator's determination. The Administrator will evaluate 
the owner or operator's request in accordance with the procedures 
specified in paragraph (e) of this section. The Administrator may 
request additional relevant information after the submittal of a request 
for approval of construction or reconstruction under this paragraph.



Sec. 63.6  Compliance with standards and maintenance requirements.

    (a) Applicability. (1) The requirements in this section apply to 
owners or operators of affected sources for which any relevant standard 
has been established pursuant to section 112 of the Act unless--
    (i) The Administrator (or a State with an approved permit program) 
has granted an extension of compliance consistent with paragraph (i) of 
this section; or
    (ii) The President has granted an exemption from compliance with any 
relevant standard in accordance with section 112(i)(4) of the Act.
    (2) If an area source that otherwise would be subject to an emission 
standard or other requirement established under this part if it were a 
major source subsequently increases its emissions of hazardous air 
pollutants (or its potential to emit hazardous air pollutants) such that 
the source is a major source, such source shall be subject to the 
relevant emission standard or other requirement.
    (b) Compliance dates for new and reconstructed sources. (1) Except 
as specified in paragraphs (b)(3) and (b)(4) of this section, the owner 
or operator of a new or reconstructed source that has an initial startup 
before the effective date of a relevant standard established under this 
part pursuant to section 112(d), 112(f), or 112(h) of the Act shall 
comply with such standard not later than the standard's effective date.
    (2) Except as specified in paragraphs (b)(3) and (b)(4) of this 
section, the owner or operator of a new or reconstructed source that has 
an initial startup after the effective date of a relevant standard 
established under this part pursuant to section 112(d), 112(f), or 
112(h) of the Act shall comply with such standard upon startup of the 
source.
    (3) The owner or operator of an affected source for which 
construction or reconstruction is commenced after the proposal date of a 
relevant standard established under this part pursuant to section 
112(d), 112(f), or 112(h) of the Act but before the effective date (that 
is, promulgation) of such standard

[[Page 349]]

shall comply with the relevant emission standard not later than the date 
3 years after the effective date if:
    (i) The promulgated standard (that is, the relevant standard) is 
more stringent than the proposed standard; and
    (ii) The owner or operator complies with the standard as proposed 
during the 3-year period immediately after the effective date.
    (4) The owner or operator of an affected source for which 
construction or reconstruction is commenced after the proposal date of a 
relevant standard established pursuant to section 112(d) of the Act but 
before the proposal date of a relevant standard established pursuant to 
section 112(f) shall comply with the emission standard under section 
112(f) not later than the date 10 years after the date construction or 
reconstruction is commenced, except that, if the section 112(f) standard 
is promulgated more than 10 years after construction or reconstruction 
is commenced, the owner or operator shall comply with the standard as 
provided in paragraphs (b)(1) and (b)(2) of this section.
    (5) The owner or operator of a new source that is subject to the 
compliance requirements of paragraph (b)(3) or paragraph (b)(4) of this 
section shall notify the Administrator in accordance with Sec. 63.9(d) 
of this subpart.
    (6) [Reserved]
    (7) After the effective date of an emission standard promulgated 
under this part, the owner or operator of an unaffected new area source 
(i.e., an area source for which construction or reconstruction was 
commenced after the proposal date of the standard) that increases its 
emissions of (or its potential to emit) hazardous air pollutants such 
that the source becomes a major source that is subject to the emission 
standard, shall comply with the relevant emission standard immediately 
upon becoming a major source. This compliance date shall apply to new 
area sources that become affected major sources regardless of whether 
the new area source previously was affected by that standard. The new 
affected major source shall comply with all requirements of that 
standard that affect new sources.
    (c) Compliance dates for existing sources. (1) After the effective 
date of a relevant standard established under this part pursuant to 
section 112(d) or 112(h) of the Act, the owner or operator of an 
existing source shall comply with such standard by the compliance date 
established by the Administrator in the applicable subpart(s) of this 
part. Except as otherwise provided for in section 112 of the Act, in no 
case will the compliance date established for an existing source in an 
applicable subpart of this part exceed 3 years after the effective date 
of such standard.
    (2) After the effective date of a relevant standard established 
under this part pursuant to section 112(f) of the Act, the owner or 
operator of an existing source shall comply with such standard not later 
than 90 days after the standard's effective date unless the 
Administrator has granted an extension to the source under paragraph 
(i)(4)(ii) of this section.
    (3)-(4) [Reserved]
    (5) After the effective date of an emission standard promulgated 
under this part, the owner or operator of an unaffected existing area 
source that increases its emissions of (or its potential to emit) 
hazardous air pollutants such that the source becomes a major source 
that is subject to the emission standard shall comply by the date 
specified in the standard for existing area sources that become major 
sources. If no such compliance date is specified in the standard, the 
source shall have a period of time to comply with the relevant emission 
standard that is equivalent to the compliance period specified in that 
standard for other existing sources. This compliance period shall apply 
to existing area sources that become affected major sources regardless 
of whether the existing area source previously was affected by that 
standard. Notwithstanding the previous two sentences, however, if the 
existing area source becomes a major source by the addition of a new 
affected source or by reconstructing, the portion of the existing 
facility that is a new affected source or a reconstructed source shall 
comply with all requirements of that standard that affect new sources, 
including the compliance date for new sources.

[[Page 350]]

    (d) [Reserved]
    (e) Operation and maintenance requirements. (1)(i) At all times, 
including periods of startup, shutdown, and malfunction, owners or 
operators shall operate and maintain any affected source, including 
associated air pollution control equipment, in a manner consistent with 
good air pollution control practices for minimizing emissions at least 
to the levels required by all relevant standards.
    (ii) Malfunctions shall be corrected as soon as practicable after 
their occurrence in accordance with the startup, shutdown, and 
malfunction plan required in paragraph (e)(3) of this section.
    (iii) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable independent of emissions 
limitations or other requirements in relevant standards.
    (2) Determination of whether acceptable 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 (e)(3) of 
this section), review of operation and maintenance records, and 
inspection of the source.
    (3) Startup, shutdown, and malfunction plan. (i) The owner or 
operator of an affected source shall develop and implement a written 
startup, shutdown, and malfunction plan that describes, in detail, 
procedures for operating and maintaining the 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. As required under Sec. 63.8(c)(1)(i), 
the plan shall identify all routine or otherwise predictable CMS 
malfunctions. This plan shall be developed by the owner or operator by 
the source's compliance date for that relevant standard. The plan shall 
be incorporated by reference into the source's title V permit. The 
purpose of the startup, shutdown, and malfunction plan is to--
    (A) Ensure that, at all times, owners or operators operate and 
maintain affected sources, including associated air pollution control 
equipment, in a manner consistent with good air pollution control 
practices for minimizing emissions at least to the levels required by 
all relevant standards;
    (B) Ensure that owners or operators are prepared to correct 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of hazardous air pollutants; and
    (C) 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).
    (ii) During periods of startup, shutdown, and malfunction, the owner 
or operator of an affected source shall operate and maintain such source 
(including associated air pollution control equipment) in accordance 
with the procedures specified in the startup, shutdown, and malfunction 
plan developed under paragraph (e)(3)(i) of this section.
    (iii) When actions taken by the owner or operator during a startup, 
shutdown, or malfunction (including actions taken to correct a 
malfunction) are consistent with the procedures specified in the 
affected source's startup, shutdown, and malfunction plan, the owner or 
operator shall keep records for that event that demonstrate that the 
procedures specified in the plan were followed. These records may take 
the form of a ``checklist,'' or other effective form of recordkeeping, 
that confirms conformance with the startup, shutdown, and malfunction 
plan for that event. In addition, the owner or operator shall keep 
records of these events as specified in Sec. 63.10(b) (and elsewhere in 
this part), including records of the occurrence and duration of each 
startup, shutdown, or malfunction of operation and each malfunction of 
the air pollution control equipment. Furthermore, the owner or operator 
shall confirm that actions taken during the relevant reporting period 
during periods of startup, shutdown, and malfunction were consistent 
with the affected source's startup, shutdown and

[[Page 351]]

malfunction plan in the semiannual (or more frequent) startup, shutdown, 
and malfunction report required in Sec. 63.10(d)(5).
    (iv) If an action taken by the owner or operator during a startup, 
shutdown, or malfunction (including an action taken to correct a 
malfunction) is not consistent with the procedures specified in the 
affected source's startup, shutdown, and malfunction plan, the owner or 
operator shall record the actions taken for that event and shall report 
such actions within 2 working days after commencing actions inconsistent 
with the plan, followed by a letter within 7 working days after the end 
of the event, in accordance with Sec. 63.10(d)(5) (unless the owner or 
operator makes alternative reporting arrangements, in advance, with the 
Administrator (see Sec. 63.10(d)(5)(ii))).
    (v) The owner or operator shall keep the written startup, shutdown, 
and malfunction plan on record after it is developed to be made 
available for inspection, upon request, by the Administrator for the 
life of the affected source or until the affected source is no longer 
subject to the provisions of this part. In addition, if the startup, 
shutdown, and malfunction plan is revised, the owner or operator shall 
keep previous (i.e., superseded) versions of the startup, shutdown, and 
malfunction plan on record, to be made available for inspection, upon 
request, by the Administrator, for a period of 5 years after each 
revision to the plan.
    (vi) To satisfy the requirements of this section to develop a 
startup, shutdown, and malfunction plan, the owner or operator may use 
the affected source's standard operating procedures (SOP) 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.
    (vii) Based on the results of a determination made under paragraph 
(e)(2) of this section, the Administrator may require that an owner or 
operator of an affected 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:
    (A) Does not address a startup, shutdown, or malfunction event that 
has occurred;
    (B) Fails to provide for the operation of the source (including 
associated air pollution control equipment) during a startup, shutdown, 
or malfunction event in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by all relevant standards; or
    (C) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control equipment as quickly 
as practicable.
    (viii) 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 source during 
similar malfunction events and a program of corrective action for 
similar malfunctions of process or air pollution control equipment.
    (f) Compliance with nonopacity emission standards--(1) 
Applicability. The nonopacity emission standards set forth in this part 
shall apply at all times except during periods of startup, shutdown, and 
malfunction, and as otherwise specified in an applicable subpart.
    (2) Methods for determining compliance. (i) The Administrator will 
determine compliance with nonopacity emission standards in this part 
based on the results of performance tests conducted according to the 
procedures in Sec. 63.7, unless otherwise specified in an applicable 
subpart of this part.
    (ii) The Administrator will determine compliance with nonopacity 
emission standards in this part by evaluation of an owner or operator's 
conformance with operation and maintenance requirements, including the 
evaluation of monitoring data, as specified in Sec. 63.6(e) and 
applicable subparts of this part.

[[Page 352]]

    (iii) If an affected source conducts performance testing at startup 
to obtain an operating permit in the State in which the source is 
located, the results of such testing may be used to demonstrate 
compliance with a relevant standard if--
    (A) The performance test was conducted within a reasonable amount of 
time before an initial performance test is required to be conducted 
under the relevant standard;
    (B) The performance test was conducted under representative 
operating conditions for the source;
    (C) The performance test was conducted and the resulting data were 
reduced using EPA-approved test methods and procedures, as specified in 
Sec. 63.7(e) of this subpart; and
    (D) The performance test was appropriately quality-assured, as 
specified in Sec. 63.7(c) of this subpart.
    (iv) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards in this part 
by review of records, inspection of the source, and other procedures 
specified in applicable subparts of this part.
    (v) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards in this part 
by evaluation of an owner or operator's conformance with operation and 
maintenance requirements, as specified in paragraph (e) of this section 
and applicable subparts of this part.
    (3) Finding of compliance. The Administrator will make a finding 
concerning an affected source's compliance with a nonopacity emission 
standard, as specified in paragraphs (f)(1) and (f)(2) of this section, 
upon obtaining all the compliance information required by the relevant 
standard (including the written reports of performance test results, 
monitoring results, and other information, if applicable) and any 
information available to the Administrator needed to determine whether 
proper operation and maintenance practices are being used.
    (g) Use of an alternative nonopacity emission standard. (1) If, in 
the Administrator's judgment, an owner or operator of an affected source 
has established that an alternative means of emission limitation will 
achieve a reduction in emissions of a hazardous air pollutant from an 
affected source at least equivalent to the reduction in emissions of 
that pollutant from that source achieved under any design, equipment, 
work practice, or operational emission standard, or combination thereof, 
established under this part pursuant to section 112(h) of the Act, the 
Administrator will publish in the Federal Register a notice permitting 
the use of the alternative emission standard for purposes of compliance 
with the promulgated standard. Any Federal Register notice under this 
paragraph shall be published only after the public is notified and given 
the opportunity to comment. Such notice will restrict the permission to 
the stationary source(s) or category(ies) of sources from which the 
alternative emission standard will achieve equivalent emission 
reductions. The Administrator will condition permission in such notice 
on requirements to assure the proper operation and maintenance of 
equipment and practices required for compliance with the alternative 
emission standard and other requirements, including appropriate quality 
assurance and quality control requirements, that are deemed necessary.
    (2) An owner or operator requesting permission under this paragraph 
shall, unless otherwise specified in an applicable subpart, submit a 
proposed test plan or the results of testing and monitoring in 
accordance with Sec. 63.7 and Sec. 63.8, a description of the procedures 
followed in testing or monitoring, and a description of pertinent 
conditions during testing or monitoring. Any testing or monitoring 
conducted to request permission to use an alternative nonopacity 
emission standard shall be appropriately quality assured and quality 
controlled, as specified in Sec. 63.7 and Sec. 63.8.
    (3) The Administrator may establish general procedures in an 
applicable subpart that accomplish the requirements of paragraphs (g)(1) 
and (g)(2) of this section.
    (h) Compliance with opacity and visible emission standards--(1) 
Applicability. The opacity and visible emission standards set forth in 
this part shall apply at all times except during periods of startup,

[[Page 353]]

shutdown, and malfunction, and as otherwise specified in an applicable 
subpart.
    (2) Methods for determining compliance. (i) The Administrator will 
determine compliance with opacity and visible emission standards in this 
part based on the results of the test method specified in an applicable 
subpart. Whenever a continuous opacity monitoring system (COMS) is 
required to be installed to determine compliance with numerical opacity 
emission standards in this part, compliance with opacity emission 
standards in this part shall be determined by using the results from the 
COMS. Whenever an opacity emission test method is not specified, 
compliance with opacity emission standards in this part shall be 
determined by conducting observations in accordance with Test Method 9 
in appendix A of part 60 of this chapter or the method specified in 
paragraph (h)(7)(ii) of this section. Whenever a visible emission test 
method is not specified, compliance with visible emission standards in 
this part shall be determined by conducting observations in accordance 
with Test Method 22 in appendix A of part 60 of this chapter.
    (ii) [Reserved]
    (iii) If an affected source undergoes opacity or visible emission 
testing at startup to obtain an operating permit in the State in which 
the source is located, the results of such testing may be used to 
demonstrate compliance with a relevant standard if--
    (A) The opacity or visible emission test was conducted within a 
reasonable amount of time before a performance test is required to be 
conducted under the relevant standard;
    (B) The opacity or visible emission test was conducted under 
representative operating conditions for the source;
    (C) The opacity or visible emission test was conducted and the 
resulting data were reduced using EPA-approved test methods and 
procedures, as specified in Sec. 63.7(e) of this subpart; and
    (D) The opacity or visible emission test was appropriately quality-
assured, as specified in Sec. 63.7(c) of this section.
    (3) [Reserved]
    (4) Notification of opacity or visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting opacity or visible 
emission observations in accordance with Sec. 63.9(f), if such 
observations are required for the source by a relevant standard.
    (5) Conduct of opacity or visible emission observations. When a 
relevant standard under this part includes an opacity or visible 
emission standard, the owner or operator of an affected source shall 
comply with the following:
    (i) For the purpose of demonstrating initial compliance, opacity or 
visible emission observations shall be conducted concurrently with the 
initial performance test required in Sec. 63.7 unless one of the 
following conditions applies:
    (A) If no performance test under Sec. 63.7 is required, opacity or 
visible emission observations shall be conducted within 60 days after 
achieving the maximum production rate at which a new or reconstructed 
source will be operated, but not later than 120 days after initial 
startup of the source, or within 120 days after the effective date of 
the relevant standard in the case of new sources that start up before 
the standard's effective date. If no performance test under Sec. 63.7 is 
required, opacity or visible emission observations shall be conducted 
within 120 days after the compliance date for an existing or modified 
source; or
    (B) If visibility or other conditions prevent the opacity or visible 
emission observations from being conducted concurrently with the initial 
performance test required under Sec. 63.7, or within the time period 
specified in paragraph (h)(5)(i)(A) of this section, the source's owner 
or operator shall reschedule the opacity or visible emission 
observations as soon after the initial performance test, or time period, 
as possible, but not later than 30 days thereafter, and shall advise the 
Administrator of the rescheduled date. The rescheduled opacity or 
visible emission observations shall be conducted (to the extent 
possible) under the same operating conditions that existed during the 
initial performance test conducted under Sec. 63.7. The visible 
emissions observer shall determine whether visibility or other 
conditions prevent the

[[Page 354]]

opacity or visible emission observations from being made concurrently 
with the initial performance test in accordance with procedures 
contained in Test Method 9 or Test Method 22 in appendix A of part 60 of 
this chapter.
    (ii) For the purpose of demonstrating initial compliance, the 
minimum total time of opacity observations shall be 3 hours (30 6-minute 
averages) for the performance test or other required set of observations 
(e.g., for fugitive-type emission sources subject only to an opacity 
emission standard).
    (iii) The owner or operator of an affected source to which an 
opacity or visible emission standard in this part applies shall conduct 
opacity or visible emission observations in accordance with the 
provisions of this section, record the results of the evaluation of 
emissions, and report to the Administrator the opacity or visible 
emission results in accordance with the provisions of Sec. 63.10(d).
    (iv) [Reserved]
    (v) Opacity readings of portions of plumes that contain condensed, 
uncombined water vapor shall not be used for purposes of determining 
compliance with opacity emission standards.
    (6) Availability of records. The owner or operator of an affected 
source shall make available, upon request by the Administrator, such 
records that the Administrator deems necessary to determine the 
conditions under which the visual observations were made and shall 
provide evidence indicating proof of current visible observer emission 
certification.
    (7) Use of a continuous opacity monitoring system. (i) The owner or 
operator of an affected source required to use a continuous opacity 
monitoring system (COMS) shall record the monitoring data produced 
during a performance test required under Sec. 63.7 and shall furnish the 
Administrator a written report of the monitoring results in accordance 
with the provisions of Sec. 63.10(e)(4).
    (ii) Whenever an opacity emission test method has not been specified 
in an applicable subpart, or an owner or operator of an affected source 
is required to conduct Test Method 9 observations (see appendix A of 
part 60 of this chapter), the owner or operator may submit, for 
compliance purposes, COMS data results produced during any performance 
test required under Sec. 63.7 in lieu of Method 9 data. If the owner or 
operator elects to submit COMS data for compliance with the opacity 
emission standard, he or she shall notify the Administrator of that 
decision, in writing, simultaneously with the notification under 
Sec. 63.7(b) of the date the performance test is scheduled to begin. 
Once the owner or operator of an affected source has notified the 
Administrator to that effect, the COMS data results will be used to 
determine opacity compliance during subsequent performance tests 
required under Sec. 63.7, unless the owner or operator notifies the 
Administrator in writing to the contrary not later than with the 
notification under Sec. 63.7(b) of the date the subsequent performance 
test is scheduled to begin.
    (iii) For the purposes of determining compliance with the opacity 
emission standard during a performance test required under Sec. 63.7 
using COMS data, the COMS data shall be reduced to 6-minute averages 
over the duration of the mass emission performance test.
    (iv) The owner or operator of an affected source using a COMS for 
compliance purposes is responsible for demonstrating that he/she has 
complied with the performance evaluation requirements of Sec. 63.8(e), 
that the COMS has been properly maintained, operated, and data quality-
assured, as specified in Sec. 63.8(c) and Sec. 63.8(d), and that the 
resulting data have not been altered in any way.
    (v) Except as provided in paragraph (h)(7)(ii) of this section, the 
results of continuous monitoring by a COMS that indicate that the 
opacity at the time visual observations were made was not in excess of 
the emission standard are probative but not conclusive evidence of the 
actual opacity of an emission, provided that the affected source proves 
that, at the time of the alleged violation, the instrument used was 
properly maintained, as specified in Sec. 63.8(c), and met Performance 
Specification 1 in appendix B of part 60 of this chapter, and that the 
resulting data have not been altered in any way.

[[Page 355]]

    (8) Finding of compliance. The Administrator will make a finding 
concerning an affected source's compliance with an opacity or visible 
emission standard upon obtaining all the compliance information required 
by the relevant standard (including the written reports of the results 
of the performance tests required by Sec. 63.7, the results of Test 
Method 9 or another required opacity or visible emission test method, 
the observer certification required by paragraph (h)(6) of this section, 
and the continuous opacity monitoring system results, whichever is/are 
applicable) and any information available to the Administrator needed to 
determine whether proper operation and maintenance practices are being 
used.
    (9) Adjustment to an opacity emission standard. (i) If the 
Administrator finds under paragraph (h)(8) of this section that an 
affected source is in compliance with all relevant standards for which 
initial performance tests were conducted under Sec. 63.7, but during the 
time such performance tests were conducted fails to meet any relevant 
opacity emission standard, the owner or operator of such source may 
petition the Administrator to make appropriate adjustment to the opacity 
emission standard for the affected source. Until the Administrator 
notifies the owner or operator of the appropriate adjustment, the 
relevant opacity emission standard remains applicable.
    (ii) The Administrator may grant such a petition upon a 
demonstration by the owner or operator that--
    (A) The affected source and its associated air pollution control 
equipment were operated and maintained in a manner to minimize the 
opacity of emissions during the performance tests;
    (B) The performance tests were performed under the conditions 
established by the Administrator; and
    (C) The affected source and its associated air pollution control 
equipment were incapable of being adjusted or operated to meet the 
relevant opacity emission standard.
    (iii) The Administrator will establish an adjusted opacity emission 
standard for the affected source meeting the above requirements at a 
level at which the source will be able, as indicated by the performance 
and opacity tests, to meet the opacity emission standard at all times 
during which the source is meeting the mass or concentration emission 
standard. The Administrator will promulgate the new opacity emission 
standard in the Federal Register.
    (iv) After the Administrator promulgates an adjusted opacity 
emission standard for an affected source, the owner or operator of such 
source shall be subject to the new opacity emission standard, and the 
new opacity emission standard shall apply to such source during any 
subsequent performance tests.
    (i) Extension of compliance with emission standards. (1) Until an 
extension of compliance has been granted by the Administrator (or a 
State with an approved permit program) under this paragraph, the owner 
or operator of an affected source subject to the requirements of this 
section shall comply with all applicable requirements of this part.
    (2) Extension of compliance for early reductions and other 
reductions--(i) Early reductions. Pursuant to section 112(i)(5) of the 
Act, if the owner or operator of an existing source demonstrates that 
the source has achieved a reduction in emissions of hazardous air 
pollutants in accordance with the provisions of subpart D of this part, 
the Administrator (or the State with an approved permit program) will 
grant the owner or operator an extension of compliance with specific 
requirements of this part, as specified in subpart D.
    (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if 
the owner or operator of an existing source has installed best available 
control technology (BACT) (as defined in section 169(3) of the Act) or 
technology required to meet a lowest achievable emission rate (LAER) (as 
defined in section 171 of the Act) prior to the promulgation of an 
emission standard in this part applicable to such source and the same 
pollutant (or stream of pollutants) controlled pursuant to the BACT or 
LAER installation, the Administrator will grant the owner or operator an 
extension of compliance with such emission standard that will apply 
until the date 5 years after the date on

[[Page 356]]

which such installation was achieved, as determined by the 
Administrator.
    (3) Request for extension of compliance. Paragraphs (i)(4) through 
(i)(7) of this section concern requests for an extension of compliance 
with a relevant standard under this part (except requests for an 
extension of compliance under paragraph (i)(2)(i) of this section will 
be handled through procedures specified in subpart D of this part).
    (4)(i)(A) The owner or operator of an existing source who is unable 
to comply with a relevant standard established under this part pursuant 
to section 112(d) of the Act may request that the Administrator (or a 
State, when the State has an approved part 70 permit program and the 
source is required to obtain a part 70 permit under that program, or a 
State, when the State has been delegated the authority to implement and 
enforce the emission standard for that source) grant an extension 
allowing the source up to 1 additional year to comply with the standard, 
if such additional period is necessary for the installation of controls. 
An additional extension of up to 3 years may be added for mining waste 
operations, if the 1-year extension of compliance is insufficient to dry 
and cover mining waste in order to reduce emissions of any hazardous air 
pollutant. The owner or operator of an affected source who has requested 
an extension of compliance under this paragraph and who is otherwise 
required to obtain a title V permit shall apply for such permit or apply 
to have the source's title V permit revised to incorporate the 
conditions of the extension of compliance. The conditions of an 
extension of compliance granted under this paragraph will be 
incorporated into the affected source's title V permit according to the 
provisions of part 70 or Federal title V regulations in this chapter (42 
U.S.C. 7661), whichever are applicable.
    (B) Any request under this paragraph for an extension of compliance 
with a relevant standard shall be submitted in writing to the 
appropriate authority not later than 12 months before the affected 
source's compliance date (as specified in paragraphs (b) and (c) of this 
section) for sources that are not including emission points in an 
emissions average, or not later than 18 months before the affected 
source's compliance date (as specified in paragraphs (b) and (c) of this 
section) for sources that are including emission points in an emissions 
average. Emission standards established under this part may specify 
alternative dates for the submittal of requests for an extension of 
compliance if alternatives are appropriate for the source categories 
affected by those standards, e.g., a compliance date specified by the 
standard is less than 12 (or 18) months after the standard's effective 
date.
    (ii) The owner or operator of an existing source unable to comply 
with a relevant standard established under this part pursuant to section 
112(f) of the Act may request that the Administrator grant an extension 
allowing the source up to 2 years after the standard's effective date to 
comply with the standard. The Administrator may grant such an extension 
if he/she finds that such additional period is necessary for the 
installation of controls and that steps will be taken during the period 
of the extension to assure that the health of persons will be protected 
from imminent endangerment. Any request for an extension of compliance 
with a relevant standard under this paragraph shall be submitted in 
writing to the Administrator not later than 15 calendar days after the 
effective date of the relevant standard.
    (5) The owner or operator of an existing source that has installed 
BACT or technology required to meet LAER [as specified in paragraph 
(i)(2)(ii) of this section] prior to the promulgation of a relevant 
emission standard in this part may request that the Administrator grant 
an extension allowing the source 5 years from the date on which such 
installation was achieved, as determined by the Administrator, to comply 
with the standard. Any request for an extension of compliance with a 
relevant standard under this paragraph shall be submitted in writing to 
the Administrator not later than 120 days after the promulgation date of 
the standard. The Administrator may grant such an extension if he or she 
finds that the installation of BACT or technology to meet LAER controls 
the same pollutant (or stream of pollutants) that

[[Page 357]]

would be controlled at that source by the relevant emission standard.
    (6)(i) The request for a compliance extension under paragraph (i)(4) 
of this section shall include the following information:
    (A) A description of the controls to be installed to comply with the 
standard;
    (B) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates shall 
include:
    (1) The date by which contracts for emission control systems or 
process changes for emission control will be awarded, or the date by 
which orders will be issued for the purchase of component parts to 
accomplish emission control or process changes;
    (2) The date by which on-site construction, installation of emission 
control equipment, or a process change is to be initiated;
    (3) The date by which on-site construction, installation of emission 
control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved;
    (C) A description of interim emission control steps that will be 
taken during the extension period, including milestones to assure proper 
operation and maintenance of emission control and process equipment; and
    (D) Whether the owner or operator is also requesting an extension of 
other applicable requirements (e.g., performance testing requirements).
    (ii) The request for a compliance extension under paragraph (i)(5) 
of this section shall include all information needed to demonstrate to 
the Administrator's satisfaction that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (7) Advice on requesting an extension of compliance may be obtained 
from the Administrator (or the State with an approved permit program).
    (8) Approval of request for extension of compliance. Paragraphs 
(i)(9) through (i)(14) of this section concern approval of an extension 
of compliance requested under paragraphs (i)(4) through (i)(6) of this 
section.
    (9) Based on the information provided in any request made under 
paragraphs (i)(4) through (i)(6) of this section, or other information, 
the Administrator (or the State with an approved permit program) may 
grant an extension of compliance with an emission standard, as specified 
in paragraphs (i)(4) and (i)(5) of this section.
    (10) The extension will be in writing and will--
    (i) Identify each affected source covered by the extension;
    (ii) Specify the termination date of the extension;
    (iii) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (iv) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests); and
    (v)(A) Under paragraph (i)(4), specify any additional conditions 
that the Administrator (or the State) deems necessary to assure 
installation of the necessary controls and protection of the health of 
persons during the extension period; or
    (B) Under paragraph (i)(5), specify any additional conditions that 
the Administrator deems necessary to assure the proper operation and 
maintenance of the installed controls during the extension period.
    (11) The owner or operator of an existing source that has been 
granted an extension of compliance under paragraph (i)(10) of this 
section may be required to submit to the Administrator (or the State 
with an approved permit program) progress reports indicating whether the 
steps toward compliance outlined in the compliance schedule have been 
reached. The contents of the progress reports and the dates by which 
they shall be submitted will be specified in the written extension of 
compliance granted under paragraph (i)(10) of this section.
    (12)(i) The Administrator (or the State with an approved permit 
program) will notify the owner or operator in writing of approval or 
intention to deny approval of a request for an extension of compliance 
within 30 calendar days after receipt of sufficient

[[Page 358]]

information to evaluate a request submitted under paragraph (i)(4)(i) or 
(i)(5) of this section. The 30-day approval or denial period will begin 
after the owner or operator has been notified in writing that his/her 
application is complete. The Administrator (or the State) will notify 
the owner or operator in writing of the status of his/her application, 
that is, whether the application contains sufficient information to make 
a determination, within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, the 
Administrator (or the State with an approved permit program) will notify 
the owner or operator in writing of the Administrator's (or the State's) 
intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator (or the State) before further action on the request.
    (iv) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth the specific grounds 
on which the denial is based. The final determination will be made 
within 30 calendar days after presentation of additional information or 
argument (if the application is complete), or within 30 calendar days 
after the final date specified for the presentation if no presentation 
is made.
    (13)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of a request for an 
extension of compliance within 30 calendar days after receipt of 
sufficient information to evaluate a request submitted under paragraph 
(i)(4)(ii) of this section. The 30-day approval or denial period will 
begin after the owner or operator has been notified in writing that his/
her application is complete. The Administrator (or the State) will 
notify the owner or operator in writing of the status of his/her 
application, that is, whether the application contains sufficient 
information to make a determination, within 15 calendar days after 
receipt of the original application and within 15 calendar days after 
receipt of any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 15 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, the 
Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator before further action on the request.
    (iv) A final determination to deny any request for an extension will 
be in writing and will set forth the specific grounds on which the 
denial is based. The final determination will be made within 30 calendar 
days after presentation of additional information or argument (if the 
application is complete), or within 30 calendar days after the final 
date specified for the presentation if no presentation is made.

[[Page 359]]

    (14) The Administrator (or the State with an approved permit 
program) may terminate an extension of compliance at an earlier date 
than specified if any specification under paragraphs (i)(10)(iii) or 
(i)(10)(iv) of this section is not met.
    (15) [Reserved]
    (16) The granting of an extension under this section shall not 
abrogate the Administrator's authority under section 114 of the Act.
    (j) Exemption from compliance with emission standards. The President 
may exempt any stationary source from compliance with any relevant 
standard established pursuant to section 112 of the Act for a period of 
not more than 2 years if the President determines that the technology to 
implement such standard is not available and that it is in the national 
security interests of the United States to do so. An exemption under 
this paragraph may be extended for 1 or more additional periods, each 
period not to exceed 2 years.



Sec. 63.7   Performance testing requirements.

    (a) Applicability and performance test dates. (1) Unless otherwise 
specified, this section applies to the owner or operator of an affected 
source required to do performance testing, or another form of compliance 
demonstration, under a relevant standard.
    (2) If required to do performance testing by a relevant standard, 
and unless a waiver of performance testing is obtained under this 
section or the conditions of paragraph (c)(3)(ii)(B) of this section 
apply, the owner or operator of the affected source shall perform such 
tests as follows--
    (i) Within 180 days after the effective date of a relevant standard 
for a new source that has an initial startup date before the effective 
date; or
    (ii) Within 180 days after initial startup for a new source that has 
an initial startup date after the effective date of a relevant standard; 
or
    (iii) Within 180 days after the compliance date specified in an 
applicable subpart of this part for an existing source subject to an 
emission standard established pursuant to section 112(d) of the Act, or 
within 180 days after startup of an existing source if the source begins 
operation after the effective date of the relevant emission standard; or
    (iv) Within 180 days after the compliance date for an existing 
source subject to an emission standard established pursuant to section 
112(f) of the Act; or
    (v) Within 180 days after the termination date of the source's 
extension of compliance for an existing source that obtains an extension 
of compliance under Sec. 63.6(i); or
    (vi) Within 180 days after the compliance date for a new source, 
subject to an emission standard established pursuant to section 112(f) 
of the Act, for which construction or reconstruction is commenced after 
the proposal date of a relevant standard established pursuant to section 
112(d) of the Act but before the proposal date of the relevant standard 
established pursuant to section 112(f) [see Sec. 63.6(b)(4)]; or
    (vii) [Reserved]; or
    (viii) [Reserved]; or
    (ix) When an emission standard promulgated under this part is more 
stringent than the standard proposed (see Sec. 63.6(b)(3)), the owner or 
operator of a new or reconstructed source subject to that standard for 
which construction or reconstruction is commenced between the proposal 
and promulgation dates of the standard shall comply with performance 
testing requirements within 180 days after the standard's effective 
date, or within 180 days after startup of the source, whichever is 
later. If the promulgated standard is more stringent than the proposed 
standard, the owner or operator may choose to demonstrate compliance 
with either the proposed or the promulgated standard. If the owner or 
operator chooses to comply with the proposed standard initially, the 
owner or operator shall conduct a second performance test within 3 years 
and 180 days after the effective date of the standard, or after startup 
of the source, whichever is later, to demonstrate compliance with the 
promulgated standard.
    (3) The Administrator may require an owner or operator to conduct 
performance tests at the affected source at any other time when the 
action is authorized by section 114 of the Act.

[[Page 360]]

    (b) Notification of performance test. (1) The owner or operator of 
an affected source shall notify the Administrator in writing of his or 
her intention to conduct a performance test at least 60 calendar days 
before the performance test is scheduled to begin to allow the 
Administrator, upon request, to review and approve the site-specific 
test plan required under paragraph (c) of this section and to have an 
observer present during the test. Observation of the performance test by 
the Administrator is optional.
    (2) In the event the owner or operator is unable to conduct the 
performance test on the date specified in the notification requirement 
specified in paragraph (b)(1) of this section, due to unforeseeable 
circumstances beyond his or her control, the owner or operator shall 
notify the Administrator within 5 days prior to the scheduled 
performance test date and specify the date when the performance test is 
rescheduled. This notification of delay in conducting the performance 
test shall not relieve the owner or operator of legal responsibility for 
compliance with any other applicable provisions of this part or with any 
other applicable Federal, State, or local requirement, nor will it 
prevent the Administrator from implementing or enforcing this part or 
taking any other action under the Act.
    (c) Quality assurance program. (1) The results of the quality 
assurance program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of a performance test.
    (2)(i) Submission of site-specific test plan. Before conducting a 
required performance test, the owner or operator of an affected source 
shall develop and, if requested by the Administrator, shall submit a 
site-specific test plan to the Administrator for approval. The test plan 
shall include a test program summary, the test schedule, data quality 
objectives, and both an internal and external quality assurance (QA) 
program. Data quality objectives are the pretest expectations of 
precision, accuracy, and completeness of data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of test data precision; an example of internal QA is the 
sampling and analysis of replicate samples.
    (iii) The external QA program shall include, at a minimum, 
application of plans for a test method performance audit (PA) during the 
performance test. The PA's consist of blind audit samples provided by 
the Administrator and analyzed during the performance test in order to 
provide a measure of test data bias. The external QA program may also 
include systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (iv) The owner or operator of an affected source shall submit the 
site-specific test plan to the Administrator upon the Administrator's 
request at least 60 calendar days before the performance test is 
scheduled to take place, that is, simultaneously with the notification 
of intention to conduct a performance test required under paragraph (b) 
of this section, or on a mutually agreed upon date.
    (v) The Administrator may request additional relevant information 
after the submittal of a site-specific test plan.
     (3) Approval of site-specific test plan. (i) The Administrator will 
notify the owner or operator of approval or intention to deny approval 
of the site-specific test plan (if review of the site-specific test plan 
is requested) within 30 calendar days after receipt of the original plan 
and within 30 calendar days after receipt of any supplementary 
information that is submitted under paragraph (c)(3)(i)(B) of this 
section. Before disapproving any site-specific test plan, the 
Administrator will notify the applicant of the Administrator's intention 
to disapprove the plan together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present, 
within 30 calendar days after he/she is notified of the intended 
disapproval, additional information to the Administrator before final 
action on the plan.

[[Page 361]]

    (ii) In the event that the Administrator fails to approve or 
disapprove the site-specific test plan within the time period specified 
in paragraph (c)(3)(i) of this section, the following conditions shall 
apply:
    (A) If the owner or operator intends to demonstrate compliance using 
the test method(s) specified in the relevant standard, the owner or 
operator shall conduct the performance test within the time specified in 
this section using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to any test method specified in the relevant 
standard, the owner or operator shall refrain from conducting the 
performance test until the Administrator approves the use of the 
alternative method when the Administrator approves the site-specific 
test plan (if review of the site-specific test plan is requested) or 
until after the alternative method is approved (see paragraph (f) of 
this section). If the Administrator does not approve the site-specific 
test plan (if review is requested) or the use of the alternative method 
within 30 days before the test is scheduled to begin, the performance 
test dates specified in paragraph (a) of this section may be extended 
such that the owner or operator shall conduct the performance test 
within 60 calendar days after the Administrator approves the site-
specific test plan or after use of the alternative method is approved. 
Notwithstanding the requirements in the preceding two sentences, the 
owner or operator may proceed to conduct the performance test as 
required in this section (without the Administrator's prior approval of 
the site-specific test plan) if he/she subsequently chooses to use the 
specified testing and monitoring methods instead of an alternative.
    (iii) Neither the submission of a site-specific test plan for 
approval, nor the Administrator's approval or disapproval of a plan, nor 
the Administrator's failure to approve or disapprove a plan in a timely 
manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (4)(i) Performance test method audit program. The owner or operator 
shall analyze performance audit (PA) samples during each performance 
test. The owner or operator shall request performance audit materials 45 
days prior to the test date. Cylinder audit gases may be obtained by 
contacting the Cylinder Audit Coordinator, Quality Assurance Division 
(MD-77B), Atmospheric Research and Exposure Assessment Laboratory 
(AREAL), U.S. EPA, Research Triangle Park, North Carolina 27711. All 
other audit materials may be obtained by contacting the Source Test 
Audit Coordinator, Quality Assurance Division (MD-77B), AREAL, U.S. EPA, 
Research Triangle Park, North Carolina 27711.
    (ii) The Administrator will have sole discretion to require any 
subsequent remedial actions of the owner or operator based on the PA 
results.
    (iii) If the Administrator fails to provide required PA materials to 
an owner or operator of an affected source in time to analyze the PA 
samples during a performance test, the requirement to conduct a PA under 
this paragraph shall be waived for such source for that performance 
test. Waiver under this paragraph of the requirement to conduct a PA for 
a particular performance test does not constitute a waiver of the 
requirement to conduct a PA for future required performance tests.
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new source and, at the request of 
the Administrator, the owner or operator of each existing source, shall 
provide performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes:
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);

[[Page 362]]

    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.
    (e) Conduct of performance tests. (1) Performance tests shall be 
conducted under such conditions as the Administrator specifies to the 
owner or operator based on representative performance (i.e., performance 
based on normal operating conditions) of the affected source. Operations 
during periods of startup, shutdown, and malfunction shall not 
constitute representative conditions for the purpose of a performance 
test, nor shall emissions in excess of the level of the relevant 
standard during periods of startup, shutdown, and malfunction be 
considered a violation of the relevant standard unless otherwise 
specified in the relevant standard or a determination of noncompliance 
is made under Sec. 63.6(e). Upon request, the owner or operator shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (2) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
section, in each relevant standard, and, if required, in applicable 
appendices of parts 51, 60, 61, and 63 of this chapter unless the 
Administrator--
    (i) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology; or
    (ii) Approves the use of an alternative test method, the results of 
which the Administrator has determined to be adequate for indicating 
whether a specific affected source is in compliance; or
    (iii) Approves shorter sampling times and smaller sample volumes 
when necessitated by process variables or other factors; or
    (iv) Waives the requirement for performance tests because the owner 
or operator of an affected source has demonstrated by other means to the 
Administrator's satisfaction that the affected source is in compliance 
with the relevant standard.
    (3) Unless otherwise specified in a relevant standard or test 
method, each performance test shall consist of three separate runs using 
the applicable test method. Each run shall be conducted for the time and 
under the conditions specified in the relevant standard. For the purpose 
of determining compliance with a relevant standard, the arithmetic mean 
of the results of the three runs shall apply. Upon receiving approval 
from the Administrator, results of a test run may be replaced with 
results of an additional test run in the event that--
    (i) A sample is accidentally lost after the testing team leaves the 
site; or
    (ii) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (iii) Extreme meteorological conditions occur; or
    (iv) Other circumstances occur that are beyond the owner or 
operator's control.
    (4) Nothing in paragraphs (e)(1) through (e)(3) of this section 
shall be construed to abrogate the Administrator's authority to require 
testing under section 114 of the Act.
    (f) Use of an alternative test method--(1) General. Until permission 
to use an alternative test method has been granted by the Administrator 
under this paragraph, the owner or operator of an affected source 
remains subject to the requirements of this section and the relevant 
standard.
    (2) The owner or operator of an affected source required to do 
performance testing by a relevant standard may use an alternative test 
method from that specified in the standard provided that the owner or 
operator--
    (i) Notifies the Administrator of his or her intention to use an 
alternative test method not later than with the submittal of the site-
specific test plan (if requested by the Administrator) or at least 60 
days before the performance test is scheduled to begin if a site-
specific test plan is not submitted;
    (ii) Uses Method 301 in appendix A of this part to validate the 
alternative test method; and
    (iii) Submits the results of the Method 301 validation process along 
with the notification of intention and the justification for not using 
the specified

[[Page 363]]

test method. The owner or operator may submit the information required 
in this paragraph well in advance of the deadline specified in paragraph 
(f)(2)(i) of this section to ensure a timely review by the Administrator 
in order to meet the performance test date specified in this section or 
the relevant standard.
    (3) The Administrator will determine whether the owner or operator's 
validation of the proposed alternative test method is adequate when the 
Administrator approves or disapproves the site-specific test plan 
required under paragraph (c) of this section. If the Administrator finds 
reasonable grounds to dispute the results obtained by the Method 301 
validation process, the Administrator may require the use of a test 
method specified in a relevant standard.
    (4) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative test method for the purposes of 
demonstrating compliance with a relevant standard, the Administrator may 
require the use of a test method specified in a relevant standard.
    (5) If the owner or operator uses an alternative test method for an 
affected source during a required performance test, the owner or 
operator of such source shall continue to use the alternative test 
method for subsequent performance tests at that affected source until he 
or she receives approval from the Administrator to use another test 
method as allowed under Sec. 63.7(f).
    (6) Neither the validation and approval process nor the failure to 
validate an alternative test method shall abrogate the owner or 
operator's responsibility to comply with the requirements of this part.
    (g) Data analysis, recordkeeping, and reporting. (1) Unless 
otherwise specified in a relevant standard or test method, or as 
otherwise approved by the Administrator in writing, results of a 
performance test shall include the analysis of samples, determination of 
emissions, and raw data. A performance test is ``completed'' when field 
sample collection is terminated. The owner or operator of an affected 
source shall report the results of the performance test to the 
Administrator before the close of business on the 60th day following the 
completion of the performance test, unless specified otherwise in a 
relevant standard or as approved otherwise in writing by the 
Administrator (see Sec. 63.9(i)). The results of the performance test 
shall be submitted as part of the notification of compliance status 
required under Sec. 63.9(h). Before a title V permit has been issued to 
the owner or operator of an affected source, the owner or operator shall 
send the results of the performance test to the Administrator. After a 
title V permit has been issued to the owner or operator of an affected 
source, the owner or operator shall send the results of the performance 
test to the appropriate permitting authority.
    (2) [Reserved]
     (3) For a minimum of 5 years after a performance test is conducted, 
the owner or operator shall retain and make available, upon request, for 
inspection by the Administrator the records or results of such 
performance test and other data needed to determine emissions from an 
affected source.
    (h) Waiver of performance tests.  (1) Until a waiver of a 
performance testing requirement has been granted by the Administrator 
under this paragraph, the owner or operator of an affected source 
remains subject to the requirements of this section.
    (2) Individual performance tests may be waived upon written 
application to the Administrator if, in the Administrator's judgment, 
the source is meeting the relevant standard(s) on a continuous basis, or 
the source is being operated under an extension of compliance, or the 
owner or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) Request to waive a performance test. (i) If a request is made 
for an extension of compliance under Sec. 63.6(i), the application for a 
waiver of an initial performance test shall accompany the information 
required for the request for an extension of compliance. If no extension 
of compliance is requested or if the owner or operator has requested an 
extension of compliance and the Administrator is still considering that 
request, the application for a waiver of

[[Page 364]]

an initial performance test shall be submitted at least 60 days before 
the performance test if the site-specific test plan under paragraph (c) 
of this section is not submitted.
    (ii) If an application for a waiver of a subsequent performance test 
is made, the application may accompany any required compliance progress 
report, compliance status report, or excess emissions and continuous 
monitoring system performance report [such as those required under 
Sec. 63.6(i), Sec. 63.9(h), and Sec. 63.10(e) or specified in a relevant 
standard or in the source's title V permit], but it shall be submitted 
at least 60 days before the performance test if the site-specific test 
plan required under paragraph (c) of this section is not submitted.
    (iii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the affected source performing the required test.
    (4) Approval of request to waive performance test. The Administrator 
will approve or deny a request for a waiver of a performance test made 
under paragraph (h)(3) of this section when he/she--
    (i) Approves or denies an extension of compliance under 
Sec. 63.6(i)(8); or
    (ii) Approves or disapproves a site-specific test plan under 
Sec. 63.7(c)(3); or
    (iii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.



Sec. 63.8   Monitoring requirements.

    (a) Applicability. (1)(i) Unless otherwise specified in a relevant 
standard, this section applies to the owner or operator of an affected 
source required to do monitoring under that standard.
    (ii) Relevant standards established under this part will specify 
monitoring systems, methods, or procedures, monitoring frequency, and 
other pertinent requirements for source(s) regulated by those standards. 
This section specifies general monitoring requirements such as those 
governing the conduct of monitoring and requests to use alternative 
monitoring methods. In addition, this section specifies detailed 
requirements that apply to affected sources required to use continuous 
monitoring systems (CMS) under a relevant standard.
    (2) For the purposes of this part, all CMS required under relevant 
standards shall be subject to the provisions of this section upon 
promulgation of performance specifications for CMS as specified in the 
relevant standard or otherwise by the Administrator.
    (3) [Reserved]
    (4) Additional monitoring requirements for control devices used to 
comply with provisions in relevant standards of this part are specified 
in Sec. 63.11.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and the relevant standard(s) unless the 
Administrator--
    (i) Specifies or approves the use of minor changes in methodology 
for the specified monitoring requirements and procedures; or
    (ii) Approves the use of alternatives to any monitoring requirements 
or procedures.
    (iii) Owners or operators with flares subject to Sec. 63.11(b) are 
not subject to the requirements of this section unless otherwise 
specified in the relevant standard.
    (2)(i) When the effluents from a single affected source, or from two 
or more affected sources, are combined before being released to the 
atmosphere, the owner or operator shall install an applicable CMS on 
each effluent.
    (ii) If the relevant standard is a mass emission standard and the 
effluent from one affected source is released to the atmosphere through 
more than one

[[Page 365]]

point, the owner or operator shall install an applicable CMS at each 
emission point unless the installation of fewer systems is--
    (A) Approved by the Administrator; or
    (B) Provided for in a relevant standard (e.g., instead of requiring 
that a CMS be installed at each emission point before the effluents from 
those points are channeled to a common control device, the standard 
specifies that only one CMS is required to be installed at the vent of 
the control device).
    (3) When more than one CMS is used to measure the emissions from one 
affected source (e.g., multiple breechings, multiple outlets), the owner 
or operator shall report the results as required for each CMS. However, 
when one CMS is used as a backup to another CMS, the owner or operator 
shall report the results from the CMS used to meet the monitoring 
requirements of this part. If both such CMS are used during a particular 
reporting period to meet the monitoring requirements of this part, then 
the owner or operator shall report the results from each CMS for the 
relevant compliance period.
    (c) Operation and maintenance of continuous monitoring systems. (1) 
The owner or operator of an affected source shall maintain and operate 
each CMS as specified in this section, or in a relevant standard, and in 
a manner consistent with good air pollution control practices.
    (i) The owner or operator of an affected source shall ensure the 
immediate repair or replacement of CMS parts to correct ``routine'' or 
otherwise predictable CMS malfunctions as defined in the source's 
startup, shutdown, and malfunction plan required by Sec. 63.6(e)(3). The 
owner or operator shall keep the necessary parts for routine repairs of 
the affected equipment readily available. If the plan is followed and 
the CMS repaired immediately, this action shall be reported in the 
semiannual startup, shutdown, and malfunction report required under 
Sec. 63.10(d)(5)(i).
    (ii) For those malfunctions or other events that affect the CMS and 
are not addressed by the startup, shutdown, and malfunction plan, the 
owner or operator shall report actions that are not consistent with the 
startup, shutdown, and malfunction plan within 24 hours after commencing 
actions inconsistent with the plan. The owner or operator shall send a 
follow-up report within 2 weeks after commencing actions inconsistent 
with the plan that either certifies that corrections have been made or 
includes a corrective action plan and schedule. The owner or operator 
shall provide proof that repair parts have been ordered or any other 
records that would indicate that the delay in making repairs is beyond 
his or her control.
    (iii) The Administrator's determination of whether acceptable 
operation and maintenance procedures are being used will be based on 
information that may include, but is not limited to, review of operation 
and maintenance procedures, operation and maintenance records, 
manufacturing recommendations and specifications, and inspection of the 
CMS. Operation and maintenance procedures written by the CMS 
manufacturer and other guidance also can be used to maintain and operate 
each CMS.
    (2) All CMS shall be installed such that representative measurements 
of emissions or process parameters from the affected source are 
obtained. In addition, CEMS shall be located according to procedures 
contained in the applicable performance specification(s).
    (3) All CMS shall be installed, operational, and the data verified 
as specified in the relevant standard either prior to or in conjunction 
with conducting performance tests under Sec. 63.7. Verification of 
operational status shall, at a minimum, include completion of the 
manufacturer's written specifications or recommendations for 
installation, operation, and calibration of the system.
    (4) Except for system breakdowns, out-of-control periods, repairs, 
maintenance periods, calibration checks, and zero (low-level) and high-
level calibration drift adjustments, all CMS, including COMS and CEMS, 
shall be in continuous operation and shall meet minimum frequency of 
operation requirements as follows:

[[Page 366]]

    (i) All COMS shall complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (ii) All CEMS for measuring emissions other than opacity shall 
complete a minimum of one cycle of operation (sampling, analyzing, and 
data recording) for each successive 15-minute period.
    (5) Unless otherwise approved by the Administrator, minimum 
procedures for COMS shall include a method for producing a simulated 
zero opacity condition and an upscale (high-level) opacity condition 
using a certified neutral density filter or other related technique to 
produce a known obscuration of the light beam. Such procedures shall 
provide a system check of all the analyzer's internal optical surfaces 
and all electronic circuitry, including the lamp and photodetector 
assembly normally used in the measurement of opacity.
    (6) The owner or operator of a CMS installed in accordance with the 
provisions of this part and the applicable CMS performance 
specification(s) shall check the zero (low-level) and high-level 
calibration drifts at least once daily in accordance with the written 
procedure specified in the performance evaluation plan developed under 
paragraphs (e)(3)(i) and (e)(3)(ii) of this section. The zero (low-
level) and high-level calibration drifts shall be adjusted, at a 
minimum, whenever the 24-hour zero (low-level) drift exceeds two times 
the limits of the applicable performance specification(s) specified in 
the relevant standard. The system must allow the amount of excess zero 
(low-level) and high-level drift measured at the 24-hour interval checks 
to be recorded and quantified, whenever specified. For COMS, all optical 
and instrumental surfaces exposed to the effluent gases shall be cleaned 
prior to performing the zero (low-level) and high-level drift 
adjustments; the optical surfaces and instrumental surfaces shall be 
cleaned when the cumulative automatic zero compensation, if applicable, 
exceeds 4 percent opacity.
    (7)(i) A CMS is out of control if--
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift (CD) exceeds two times the applicable CD specification 
in the applicable performance specification or in the relevant standard; 
or
    (B) The CMS fails a performance test audit (e.g., cylinder gas 
audit), relative accuracy audit, relative accuracy test audit, or 
linearity test audit; or
    (C) The COMS CD exceeds two times the limit in the applicable 
performance specification in the relevant standard.
    (ii) When the CMS is out of control, the owner or operator of the 
affected source shall take the necessary corrective action and shall 
repeat all necessary tests which indicate that the system is out of 
control. The owner or operator shall take corrective action and conduct 
retesting until the performance requirements are below the applicable 
limits. The beginning of the out-of-control period is the hour the owner 
or operator conducts a performance check (e.g., calibration drift) that 
indicates an exceedance of the performance requirements established 
under this part. The end of the out-of-control period is the hour 
following the completion of corrective action and successful 
demonstration that the system is within the allowable limits. During the 
period the CMS is out of control, recorded data shall not be used in 
data averages and calculations, or to meet any data availability 
requirement established under this part.
    (8) The owner or operator of a CMS that is out of control as defined 
in paragraph (c)(7) of this section shall submit all information 
concerning out-of-control periods, including start and end dates and 
hours and descriptions of corrective actions taken, in the excess 
emissions and continuous monitoring system performance report required 
in Sec. 63.10(e)(3).
    (d) Quality control program. (1) The results of the quality control 
program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of monitoring data.
    (2) The owner or operator of an affected source that is required to 
use a CMS and is subject to the monitoring requirements of this section 
and a relevant standard shall develop and implement a CMS quality 
control program. As part of the quality control

[[Page 367]]

program, the owner or operator shall develop and submit to the 
Administrator for approval upon request a site-specific performance 
evaluation test plan for the CMS performance evaluation required in 
paragraph (e)(3)(i) of this section, according to the procedures 
specified in paragraph (e). In addition, each quality control program 
shall include, at a minimum, a written protocol that describes 
procedures for each of the following operations:
    (i) Initial and any subsequent calibration of the CMS;
    (ii) Determination and adjustment of the calibration drift of the 
CMS;
    (iii) Preventive maintenance of the CMS, including spare parts 
inventory;
    (iv) Data recording, calculations, and reporting;
    (v) Accuracy audit procedures, including sampling and analysis 
methods; and
    (vi) Program of corrective action for a malfunctioning CMS.
    (3) The owner or operator shall keep these written procedures on 
record for the life of the affected source or until the affected source 
is no longer subject to the provisions of this part, to be made 
available for inspection, upon request, by the Administrator. If the 
performance evaluation plan is revised, the owner or operator shall keep 
previous (i.e., superseded) versions of the performance evaluation plan 
on record to be made available for inspection, upon request, by the 
Administrator, for a period of 5 years after each revision to the plan. 
Where relevant, e.g., program of corrective action for a malfunctioning 
CMS, these written procedures may be incorporated as part of the 
affected source's startup, shutdown, and malfunction plan to avoid 
duplication of planning and recordkeeping efforts.
    (e) Performance evaluation of continuous monitoring systems--(1) 
General. When required by a relevant standard, and at any other time the 
Administrator may require under section 114 of the Act, the owner or 
operator of an affected source being monitored shall conduct a 
performance evaluation of the CMS. Such performance evaluation shall be 
conducted according to the applicable specifications and procedures 
described in this section or in the relevant standard.
    (2) Notification of performance evaluation. The owner or operator 
shall notify the Administrator in writing of the date of the performance 
evaluation simultaneously with the notification of the performance test 
date required under Sec. 63.7(b) or at least 60 days prior to the date 
the performance evaluation is scheduled to begin if no performance test 
is required.
    (3)(i) Submission of site-specific performance evaluation test plan. 
Before conducting a required CMS performance evaluation, the owner or 
operator of an affected source shall develop and submit a site-specific 
performance evaluation test plan to the Administrator for approval upon 
request. The performance evaluation test plan shall include the 
evaluation program objectives, an evaluation program summary, the 
performance evaluation schedule, data quality objectives, and both an 
internal and external QA program. Data quality objectives are the pre-
evaluation expectations of precision, accuracy, and completeness of 
data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of CMS performance. The external QA program shall include, at 
a minimum, systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (iii) The owner or operator of an affected source shall submit the 
site-specific performance evaluation test plan to the Administrator (if 
requested) at least 60 days before the performance test or performance 
evaluation is scheduled to begin, or on a mutually agreed upon date, and 
review and approval of the performance evaluation test plan by the 
Administrator will occur with the review and approval of the site-
specific test plan (if review of the site-specific test plan is 
requested).
    (iv) The Administrator may request additional relevant information 
after the submittal of a site-specific performance evaluation test plan.

[[Page 368]]

    (v) In the event that the Administrator fails to approve or 
disapprove the site-specific performance evaluation test plan within the 
time period specified in Sec. 63.7(c)(3), the following conditions shall 
apply:
    (A) If the owner or operator intends to demonstrate compliance using 
the monitoring method(s) specified in the relevant standard, the owner 
or operator shall conduct the performance evaluation within the time 
specified in this subpart using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to a monitoring method specified in the relevant 
standard, the owner or operator shall refrain from conducting the 
performance evaluation until the Administrator approves the use of the 
alternative method. If the Administrator does not approve the use of the 
alternative method within 30 days before the performance evaluation is 
scheduled to begin, the performance evaluation deadlines specified in 
paragraph (e)(4) of this section may be extended such that the owner or 
operator shall conduct the performance evaluation within 60 calendar 
days after the Administrator approves the use of the alternative method. 
Notwithstanding the requirements in the preceding two sentences, the 
owner or operator may proceed to conduct the performance evaluation as 
required in this section (without the Administrator's prior approval of 
the site-specific performance evaluation test plan) if he/she 
subsequently chooses to use the specified monitoring method(s) instead 
of an alternative.
    (vi) Neither the submission of a site-specific performance 
evaluation test plan for approval, nor the Administrator's approval or 
disapproval of a plan, nor the Administrator' failure to approve or 
disapprove a plan in a timely manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (4) Conduct of performance evaluation and performance evaluation 
dates. The owner or operator of an affected source shall conduct a 
performance evaluation of a required CMS during any performance test 
required under Sec. 63.7 in accordance with the applicable performance 
specification as specified in the relevant standard. Notwithstanding the 
requirement in the previous sentence, if the owner or operator of an 
affected source elects to submit COMS data for compliance with a 
relevant opacity emission standard as provided under Sec. 63.6(h)(7), 
he/she shall conduct a performance evaluation of the COMS as specified 
in the relevant standard, before the performance test required under 
Sec. 63.7 is conducted in time to submit the results of the performance 
evaluation as specified in paragraph (e)(5)(ii) of this section. If a 
performance test is not required, or the requirement for a performance 
test has been waived under Sec. 63.7(h), the owner or operator of an 
affected source shall conduct the performance evaluation not later than 
180 days after the appropriate compliance date for the affected source, 
as specified in Sec. 63.7(a), or as otherwise specified in the relevant 
standard.
    (5) Reporting performance evaluation results. (i) The owner or 
operator shall furnish the Administrator a copy of a written report of 
the results of the performance evaluation simultaneously with the 
results of the performance test required under Sec. 63.7 or within 60 
days of completion of the performance evaluation if no test is required, 
unless otherwise specified in a relevant standard. The Administrator may 
request that the owner or operator submit the raw data from a 
performance evaluation in the report of the performance evaluation 
results.
    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation under this paragraph. The 
copies shall be provided at least 15 calendar days before the 
performance test required under Sec. 63.7 is conducted.
    (f) Use of an alternative monitoring method--(1) General. Until 
permission

[[Page 369]]

to use an alternative monitoring method has been granted by the 
Administrator under this paragraph, the owner or operator of an affected 
source remains subject to the requirements of this section and the 
relevant standard.
    (2) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring methods or 
procedures of this part including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS 
specified by a relevant standard would not provide accurate measurements 
due to liquid water or other interferences caused by substances within 
the effluent gases;
    (ii) Alternative monitoring requirements when the affected source is 
infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that 
require additional measurements to correct for stack moisture 
conditions;
    (iv) Alternative locations for installing CMS when the owner or 
operator can demonstrate that installation at alternate locations will 
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration 
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases 
or test cells;
    (vii) Alternatives to the American Society for Testing and Materials 
(ASTM) test methods or sampling procedures specified by any relevant 
standard;
    (viii) Alternative CMS that do not meet the design or performance 
requirements in this part, but adequately demonstrate a definite and 
consistent relationship between their measurements and the measurements 
of opacity by a system complying with the requirements as specified in 
the relevant standard. The Administrator may require that such 
demonstration be performed for each affected source; or
    (ix) Alternative monitoring requirements when the effluent from a 
single affected source or the combined effluent from two or more 
affected sources is released to the atmosphere through more than one 
point.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, requirement, or 
procedure, the Administrator may require the use of a method, 
requirement, or procedure specified in this section or in the relevant 
standard. If the results of the specified and alternative method, 
requirement, or procedure do not agree, the results obtained by the 
specified method, requirement, or procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or 
operator who wishes to use an alternative monitoring method shall submit 
an application to the Administrator as described in paragraph (f)(4)(ii) 
of this section, below. The application may be submitted at any time 
provided that the monitoring method is not used to demonstrate 
compliance with a relevant standard or other requirement. If the 
alternative monitoring method is to be used to demonstrate compliance 
with a relevant standard, the application shall be submitted not later 
than with the site-specific test plan required in Sec. 63.7(c) (if 
requested) or with the site-specific performance evaluation plan (if 
requested) or at least 60 days before the performance evaluation is 
scheduled to begin.
    (ii) The application shall contain a description of the proposed 
alternative monitoring system and a performance evaluation test plan, if 
required, as specified in paragraph (e)(3) of this section. In addition, 
the application shall include information justifying the owner or 
operator's request for an alternative monitoring method, such as the 
technical or economic infeasibility, or the impracticality, of the 
affected source using the required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (f)(4)(i) above to ensure a timely review by the Administrator 
in order to meet the compliance demonstration date specified in this 
section or the relevant standard.

[[Page 370]]

    (5) Approval of request to use alternative monitoring method. (i) 
The Administrator will notify the owner or operator of approval or 
intention to deny approval of the request to use an alternative 
monitoring method within 30 calendar days after receipt of the original 
request and within 30 calendar days after receipt of any supplementary 
information that is submitted. Before disapproving any request to use an 
alternative monitoring method, the Administrator will notify the 
applicant of the Administrator's intention to disapprove the request 
together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) The Administrator may establish general procedures and criteria 
in a relevant standard to accomplish the requirements of paragraph 
(f)(5)(i) of this section.
    (iii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (f)(5)(i) of 
this section, the owner or operator of such source shall continue to use 
the alternative monitoring method until he or she receives approval from 
the Administrator to use another monitoring method as allowed by 
Sec. 63.8(f).
    (6) Alternative to the relative accuracy test. An alternative to the 
relative accuracy test for CEMS specified in a relevant standard may be 
requested as follows:
    (i) Criteria for approval of alternative procedures. An alternative 
to the test method for determining relative accuracy is available for 
affected sources with emission rates demonstrated to be less than 50 
percent of the relevant standard. The owner or operator of an affected 
source may petition the Administrator under paragraph (f)(6)(ii) of this 
section to substitute the relative accuracy test in section 7 of 
Performance Specification 2 with the procedures in section 10 if the 
results of a performance test conducted according to the requirements in 
Sec. 63.7, or other tests performed following the criteria in Sec. 63.7, 
demonstrate that the emission rate of the pollutant of interest in the 
units of the relevant standard is less than 50 percent of the relevant 
standard. For affected sources subject to emission limitations expressed 
as control efficiency levels, the owner or operator may petition the 
Administrator to substitute the relative accuracy test with the 
procedures in section 10 of Performance Specification 2 if the control 
device exhaust emission rate is less than 50 percent of the level needed 
to meet the control efficiency requirement. The alternative procedures 
do not apply if the CEMS is used continuously to determine compliance 
with the relevant standard.
    (ii) Petition to use alternative to relative accuracy test. The 
petition to use an alternative to the relative accuracy test shall 
include a detailed description of the procedures to be applied, the 
location and the procedure for conducting the alternative, the 
concentration or response levels of the alternative relative accuracy 
materials, and the other equipment checks included in the alternative 
procedure(s). The Administrator will review the petition for 
completeness and applicability. The Administrator's determination to 
approve an alternative will depend on the intended use of the CEMS data 
and may require specifications more stringent than in Performance 
Specification 2.
    (iii) Rescission of approval to use alternative to relative accuracy 
test. The Administrator will review the permission to use an alternative 
to the CEMS relative accuracy test and may rescind such permission if 
the CEMS data from a successful completion of the alternative relative 
accuracy procedure indicate that the affected source's emissions are 
approaching the level of the relevant standard. The criterion for 
reviewing the permission is that the collection of CEMS data shows that 
emissions have exceeded 70 percent of the

[[Page 371]]

relevant standard for any averaging period, as specified in the relevant 
standard. For affected sources subject to emission limitations expressed 
as control efficiency levels, the criterion for reviewing the permission 
is that the collection of CEMS data shows that exhaust emissions have 
exceeded 70 percent of the level needed to meet the control efficiency 
requirement for any averaging period, as specified in the relevant 
standard. The owner or operator of the affected source shall maintain 
records and determine the level of emissions relative to the criterion 
for permission to use an alternative for relative accuracy testing. If 
this criterion is exceeded, the owner or operator shall notify the 
Administrator within 10 days of such occurrence and include a 
description of the nature and cause of the increased emissions. The 
Administrator will review the notification and may rescind permission to 
use an alternative and require the owner or operator to conduct a 
relative accuracy test of the CEMS as specified in section 7 of 
Performance Specification 2.
    (g) Reduction of monitoring data. (1) The owner or operator of each 
CMS shall reduce the monitoring data as specified in this paragraph. In 
addition, each relevant standard may contain additional requirements for 
reducing monitoring data. When additional requirements are specified in 
a relevant standard, the standard will identify any unnecessary or 
duplicated requirements in this paragraph that the owner or operator 
need not comply with.
    (2) The owner or operator of each COMS shall reduce all data to 6-
minute averages calculated from 36 or more data points equally spaced 
over each 6-minute period. Data from CEMS for measurement other than 
opacity, unless otherwise specified in the relevant standard, shall be 
reduced to 1-hour averages computed from four or more data points 
equally spaced over each 1-hour period, except during periods when 
calibration, quality assurance, or maintenance activities pursuant to 
provisions of this part are being performed. During these periods, a 
valid hourly average shall consist of at least two data points with each 
representing a 15-minute period. Alternatively, an arithmetic or 
integrated 1-hour average of CEMS data may be used. Time periods for 
averaging are defined in Sec. 63.2.
    (3) The data may be recorded in reduced or nonreduced form (e.g., 
ppm pollutant and percent O2 or ng/J of pollutant).
    (4) All emission data shall be converted into units of the relevant 
standard for reporting purposes using the conversion procedures 
specified in that standard. After conversion into units of the relevant 
standard, the data may be rounded to the same number of significant 
digits as used in that standard to specify the emission limit (e.g., 
rounded to the nearest 1 percent opacity).
    (5) Monitoring data recorded during periods of unavoidable CMS 
breakdowns, out-of-control periods, repairs, maintenance periods, 
calibration checks, and zero (low-level) and high-level adjustments 
shall not be included in any data average computed under this part.



Sec. 63.9  Notification requirements.

    (a) Applicability and general information. (1) The requirements in 
this section apply to owners and operators of affected sources that are 
subject to the provisions of this part, unless specified otherwise in a 
relevant standard.
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a notice that contains all the information 
required in a notification listed in this section, the owner or operator 
may send the Administrator a copy of the notice sent to the State to 
satisfy the requirements of this section for that notification.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce notification requirements established under this part, the 
owner or operator of an affected source in such State subject to such 
requirements shall submit notifications to the appropriate Regional 
Office of the EPA (to

[[Page 372]]

the attention of the Director of the Division indicated in the list of 
the EPA Regional Offices in Sec. 63.13).
    (ii) After a State has been delegated the authority to implement and 
enforce notification requirements established under this part, the owner 
or operator of an affected source in such State subject to such 
requirements shall submit notifications to the delegated State authority 
(which may be the same as the permitting authority). In addition, if the 
delegated (permitting) authority is the State, the owner or operator 
shall send a copy of each notification submitted to the State to the 
appropriate Regional Office of the EPA, as specified in paragraph 
(a)(4)(i) of this section. The Regional Office may waive this 
requirement for any notifications at its discretion.
    (b) Initial notifications. (1)(i) The requirements of this paragraph 
apply to the owner or operator of an affected source when such source 
becomes subject to a relevant standard.
    (ii) If an area source that otherwise would be subject to an 
emission standard or other requirement established under this part if it 
were a major source subsequently increases its emissions of hazardous 
air pollutants (or its potential to emit hazardous air pollutants) such 
that the source is a major source that is subject to the emission 
standard or other requirement, such source shall be subject to the 
notification requirements of this section.
    (iii) Affected sources that are required under this paragraph to 
submit an initial notification may use the application for approval of 
construction or reconstruction under Sec. 63.5(d) of this subpart, if 
relevant, to fulfill the initial notification requirements of this 
paragraph.
    (2) The owner or operator of an affected source that has an initial 
startup before the effective date of a relevant standard under this part 
shall notify the Administrator in writing that the source is subject to 
the relevant standard. The notification, which shall be submitted not 
later than 120 calendar days after the effective date of the relevant 
standard (or within 120 calendar days after the source becomes subject 
to the relevant standard), shall provide the following information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the affected source;
    (iii) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date;
    (iv) A brief description of the nature, size, design, and method of 
operation of the source, including its operating design capacity and an 
identification of each point of emission for each hazardous air 
pollutant, or if a definitive identification is not yet possible, a 
preliminary identification of each point of emission for each hazardous 
air pollutant; and
    (v) A statement of whether the affected source is a major source or 
an area source.
    (3) The owner or operator of a new or reconstructed affected source, 
or a source that has been reconstructed such that it is an affected 
source, that has an initial startup after the effective date of a 
relevant standard under this part and for which an application for 
approval of construction or reconstruction is not required under 
Sec. 63.5(d), shall notify the Administrator in writing that the source 
is subject to the relevant standard no later than 120 days after initial 
startup. The notification shall provide all the information required in 
paragraphs (b)(2)(i) through (b)(2)(v) of this section, delivered or 
postmarked with the notification required in paragraph (b)(5).
    (4) The owner or operator of a new or reconstructed major affected 
source that has an initial startup after the effective date of a 
relevant standard under this part and for which an application for 
approval of construction or reconstruction is required under 
Sec. 63.5(d) shall provide the following information in writing to the 
Administrator:
    (i) A notification of intention to construct a new major affected 
source, reconstruct a major affected source, or reconstruct a major 
source such that the source becomes a major affected source with the 
application for approval of construction or reconstruction as specified 
in Sec. 63.5(d)(1)(i);

[[Page 373]]

    (ii) A notification of the date when construction or reconstruction 
was commenced, submitted simultaneously with the application for 
approval of construction or reconstruction, if construction or 
reconstruction was commenced before the effective date of the relevant 
standard;
    (iii) A notification of the date when construction or reconstruction 
was commenced, delivered or postmarked not later than 30 days after such 
date, if construction or reconstruction was commenced after the 
effective date of the relevant standard;
    (iv) A notification of the anticipated date of startup of the 
source, delivered or postmarked not more than 60 days nor less than 30 
days before such date; and
    (v) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (5) After the effective date of any relevant standard established by 
the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, an owner or operator who intends to construct a new 
affected source or reconstruct an affected source subject to such 
standard, or reconstruct a source such that it becomes an affected 
source subject to such standard, shall notify the Administrator, in 
writing, of the intended construction or reconstruction. The 
notification shall be submitted as soon as practicable before the 
construction or reconstruction is planned to commence (but no sooner 
than the effective date of the relevant standard) if the construction or 
reconstruction commences after the effective date of a relevant standard 
promulgated in this part. The notification shall be submitted as soon as 
practicable before startup but no later than 60 days after the effective 
date of a relevant standard promulgated in this part if the construction 
or reconstruction had commenced and initial startup had not occurred 
before the standard's effective date. The notification shall include all 
the information required for an application for approval of construction 
or reconstruction as specified in Sec. 63.5(d). For major sources, the 
application for approval of construction or reconstruction may be used 
to fulfill the requirements of this paragraph.
    (c) Request for extension of compliance. If the owner or operator of 
an affected source cannot comply with a relevant standard by the 
applicable compliance date for that source, or if the owner or operator 
has installed BACT or technology to meet LAER consistent with 
Sec. 63.6(i)(5) of this subpart, he/she may submit to the Administrator 
(or the State with an approved permit program) a request for an 
extension of compliance as specified in Sec. 63.6(i)(4) through 
Sec. 63.6(i)(6).
    (d) Notification that source is subject to special compliance 
requirements. An owner or operator of a new source that is subject to 
special compliance requirements as specified in Sec. 63.6(b)(3) and 
Sec. 63.6(b)(4) shall notify the Administrator of his/her compliance 
obligations not later than the notification dates established in 
paragraph (b) of this section for new sources that are not subject to 
the special provisions.
    (e) Notification of performance test. The owner or operator of an 
affected source shall notify the Administrator in writing of his or her 
intention to conduct a performance test at least 60 calendar days before 
the performance test is scheduled to begin to allow the Administrator to 
review and approve the site-specific test plan required under 
Sec. 63.7(c), if requested by the Administrator, and to have an observer 
present during the test.
    (f) Notification of opacity and visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting the opacity or visible 
emission observations specified in Sec. 63.6(h)(5), if such observations 
are required for the source by a relevant standard. The notification 
shall be submitted with the notification of the performance test date, 
as specified in paragraph (e) of this section, or if no performance test 
is required or visibility or other conditions prevent the opacity or 
visible emission observations from being conducted concurrently with the 
initial performance test required under Sec. 63.7, the

[[Page 374]]

owner or operator shall deliver or postmark the notification not less 
than 30 days before the opacity or visible emission observations are 
scheduled to take place.
    (g) Additional notification requirements for sources with continuous 
monitoring systems. The owner or operator of an affected source required 
to use a CMS by a relevant standard shall furnish the Administrator 
written notification as follows:
    (1) A notification of the date the CMS performance evaluation under 
Sec. 63.8(e) is scheduled to begin, submitted simultaneously with the 
notification of the performance test date required under Sec. 63.7(b). 
If no performance test is required, or if the requirement to conduct a 
performance test has been waived for an affected source under 
Sec. 63.7(h), the owner or operator shall notify the Administrator in 
writing of the date of the performance evaluation at least 60 calendar 
days before the evaluation is scheduled to begin;
    (2) A notification that COMS data results will be used to determine 
compliance with the applicable opacity emission standard during a 
performance test required by Sec. 63.7 in lieu of Method 9 or other 
opacity emissions test method data, as allowed by Sec. 63.6(h)(7)(ii), 
if compliance with an opacity emission standard is required for the 
source by a relevant standard. The notification shall be submitted at 
least 60 calendar days before the performance test is scheduled to 
begin; and
    (3) A notification that the criterion necessary to continue use of 
an alternative to relative accuracy testing, as provided by 
Sec. 63.8(f)(6), has been exceeded. The notification shall be delivered 
or postmarked not later than 10 days after the occurrence of such 
exceedance, and it shall include a description of the nature and cause 
of the increased emissions.
    (h) Notification of compliance status. (1) The requirements of 
paragraphs (h)(2) through (h)(4) of this section apply when an affected 
source becomes subject to a relevant standard.
    (2)(i) Before a title V permit has been issued to the owner or 
operator of an affected source, and each time a notification of 
compliance status is required under this part, the owner or operator of 
such source shall submit to the Administrator a notification of 
compliance status, signed by the responsible official who shall certify 
its accuracy, attesting to whether the source has complied with the 
relevant standard. The notification shall list--
    (A) The methods that were used to determine compliance;
    (B) The results of any performance tests, opacity or visible 
emission observations, continuous monitoring system (CMS) performance 
evaluations, and/or other monitoring procedures or methods that were 
conducted;
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods;
    (D) The type and quantity of hazardous air pollutants emitted by the 
source (or surrogate pollutants if specified in the relevant standard), 
reported in units and averaging times and in accordance with the test 
methods specified in the relevant standard;
    (E) An analysis demonstrating whether the affected source is a major 
source or an area source (using the emissions data generated for this 
notification);
    (F) A description of the air pollution control equipment (or method) 
for each emission point, including each control device (or method) for 
each hazardous air pollutant and the control efficiency (percent) for 
each control device (or method); and
    (G) A statement by the owner or operator of the affected existing, 
new, or reconstructed source as to whether the source has complied with 
the relevant standard or other requirements.
    (ii) The notification shall be sent before the close of business on 
the 60th day following the completion of the relevant compliance 
demonstration activity specified in the relevant standard (unless a 
different reporting period is specified in a relevant standard, in which 
case the letter shall be sent before the close of business on the day 
the report of the relevant testing or monitoring results is required to 
be delivered or postmarked). For example, the notification shall be sent 
before close of business on the 60th (or other required) day following 
completion of

[[Page 375]]

the initial performance test and again before the close of business on 
the 60th (or other required) day following the completion of any 
subsequent required performance test. If no performance test is required 
but opacity or visible emission observations are required to demonstrate 
compliance with an opacity or visible emission standard under this part, 
the notification of compliance status shall be sent before close of 
business on the 30th day following the completion of opacity or visible 
emission observations.
    (3) After a title V permit has been issued to the owner or operator 
of an affected source, the owner or operator of such source shall comply 
with all requirements for compliance status reports contained in the 
source's title V permit, including reports required under this part. 
After a title V permit has been issued to the owner or operator of an 
affected source, and each time a notification of compliance status is 
required under this part, the owner or operator of such source shall 
submit the notification of compliance status to the appropriate 
permitting authority following completion of the relevant compliance 
demonstration activity specified in the relevant standard.
    (4) [Reserved]
    (5) If an owner or operator of an affected source submits estimates 
or preliminary information in the application for approval of 
construction or reconstruction required in Sec. 63.5(d) in place of the 
actual emissions data or control efficiencies required in paragraphs 
(d)(1)(ii)(H) and (d)(2) of Sec. 63.5, the owner or operator shall 
submit the actual emissions data and other correct information as soon 
as available but no later than with the initial notification of 
compliance status required in this section.
    (6) Advice on a notification of compliance status may be obtained 
from the Administrator.
    (i) Adjustment to time periods or postmark deadlines for submittal 
and review of required communications. (1)(i) Until an adjustment of a 
time period or postmark deadline has been approved by the Administrator 
under paragraphs (i)(2) and (i)(3) of this section, the owner or 
operator of an affected source remains strictly subject to the 
requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (i)(2) and (i)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. An owner 
or operator who wishes to request a change in a time period or postmark 
deadline for a particular requirement shall request the adjustment in 
writing as soon as practicable before the subject activity is required 
to take place. The owner or operator shall include in the request 
whatever information he or she considers useful to convince the 
Administrator that an adjustment is warranted.
    (3) If, in the Administrator's judgment, an owner or operator's 
request for an adjustment to a particular time period or postmark 
deadline is warranted, the Administrator will approve the adjustment. 
The Administrator will notify the owner or operator in writing of 
approval or disapproval of the request for an adjustment within 15 
calendar days of receiving sufficient information to evaluate the 
request.
    (4) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.
    (j) Change in information already provided. Any change in the 
information already provided under this section shall be provided to the 
Administrator in writing within 15 calendar days after the change.



Sec. 63.10  Recordkeeping and reporting requirements.

    (a) Applicability and general information. (1) The requirements of 
this section apply to owners or operators of affected sources who are 
subject to the

[[Page 376]]

provisions of this part, unless specified otherwise in a relevant 
standard.
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a report that contains all the information 
required in a report listed in this section, an owner or operator may 
send the Administrator a copy of the report sent to the State to satisfy 
the requirements of this section for that report.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce recordkeeping and reporting requirements established under 
this part, the owner or operator of an affected source in such State 
subject to such requirements shall submit reports to the appropriate 
Regional Office of the EPA (to the attention of the Director of the 
Division indicated in the list of the EPA Regional Offices in 
Sec. 63.13).
    (ii) After a State has been delegated the authority to implement and 
enforce recordkeeping and reporting requirements established under this 
part, the owner or operator of an affected source in such State subject 
to such requirements shall submit reports to the delegated State 
authority (which may be the same as the permitting authority). In 
addition, if the delegated (permitting) authority is the State, the 
owner or operator shall send a copy of each report submitted to the 
State to the appropriate Regional Office of the EPA, as specified in 
paragraph (a)(4)(i) of this section. The Regional Office may waive this 
requirement for any reports at its discretion.
    (5) If an owner or operator of an affected source in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such source under this part, the owner or 
operator may change the dates by which periodic reports under this part 
shall be submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. For each relevant standard established 
pursuant to section 112 of the Act, the allowance in the previous 
sentence applies in each State beginning 1 year after the affected 
source's compliance date for that standard. Procedures governing the 
implementation of this provision are specified in Sec. 63.9(i).
    (6) If an owner or operator supervises one or more stationary 
sources affected by more than one standard established pursuant to 
section 112 of the Act, he/she may arrange by mutual agreement between 
the owner or operator and the Administrator (or the State permitting 
authority) a common schedule on which periodic reports required for each 
source shall be submitted throughout the year. The allowance in the 
previous sentence applies in each State beginning 1 year after the 
latest compliance date for any relevant standard established pursuant to 
section 112 of the Act for any such affected source(s). Procedures 
governing the implementation of this provision are specified in 
Sec. 63.9(i).
    (7) If an owner or operator supervises one or more stationary 
sources affected by standards established pursuant to section 112 of the 
Act (as amended November 15, 1990) and standards set under part 60, part 
61, or both such parts of this chapter, he/she may arrange by mutual 
agreement between the owner or operator and the Administrator (or the 
State permitting authority) a common schedule on which periodic reports 
required by each relevant (i.e., applicable) standard shall be submitted 
throughout the year. The allowance in the previous sentence applies in 
each State beginning 1 year after the stationary source is required to 
be in compliance with the relevant section 112 standard, or 1 year after 
the stationary source is required to be in compliance with the 
applicable part 60 or part 61 standard, whichever is latest. Procedures 
governing the implementation of this provision are specified in 
Sec. 63.9(i).
    (b) General recordkeeping requirements. (1) The owner or operator of 
an affected source subject to the provisions of this

[[Page 377]]

part shall maintain files of all information (including all reports and 
notifications) required by this part recorded 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 
remaining 3 years of data may be retained off site. Such files may be 
maintained on microfilm, on a computer, on computer floppy disks, on 
magnetic tape disks, or on microfiche.
    (2) The owner or operator of an affected source subject to the 
provisions of this part shall maintain relevant records for such source 
of--
    (i) The occurrence and duration of each startup, shutdown, or 
malfunction of operation (i.e., process equipment);
    (ii) The occurrence and duration of each malfunction of the air 
pollution control equipment;
    (iii) All maintenance performed on the air pollution control 
equipment;
    (iv) Actions taken during periods of startup, shutdown, and 
malfunction (including corrective actions to restore malfunctioning 
process and air pollution control equipment to its normal or usual 
manner of operation) when such actions are different from the procedures 
specified in the affected source's startup, shutdown, and malfunction 
plan (see Sec. 63.6(e)(3));
    (v) All information necessary to demonstrate conformance with the 
affected source's startup, shutdown, and malfunction plan (see 
Sec. 63.6(e)(3)) when all actions taken during periods of startup, 
shutdown, and malfunction (including corrective actions to restore 
malfunctioning process and air pollution control equipment to its normal 
or usual manner of operation) are consistent with the procedures 
specified in such plan. (The information needed to demonstrate 
conformance with the startup, shutdown, and malfunction plan may be 
recorded using a ``checklist,'' or some other effective form of 
recordkeeping, in order to minimize the recordkeeping burden for 
conforming events);
    (vi) Each period during which a CMS is malfunctioning or inoperative 
(including out-of-control periods);
    (vii) All required measurements needed to demonstrate compliance 
with a relevant 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);
    (viii) All results of performance tests, CMS performance 
evaluations, and opacity and visible emission observations;
    (ix) All measurements as may be necessary to determine the 
conditions of performance tests and performance evaluations;
    (x) All CMS calibration checks;
    (xi) All adjustments and maintenance performed on CMS;
    (xii) Any information demonstrating whether a source is meeting the 
requirements for a waiver of recordkeeping or reporting requirements 
under this part, if the source has been granted a waiver under paragraph 
(f) of this section;
    (xiii) All emission levels relative to the criterion for obtaining 
permission to use an alternative to the relative accuracy test, if the 
source has been granted such permission under Sec. 63.8(f)(6); and
    (xiv) All documentation supporting initial notifications and 
notifications of compliance status under Sec. 63.9.
    (3) Recordkeeping requirement for applicability determinations. If 
an owner or operator determines that his or her stationary source that 
emits (or has the potential to emit, without considering controls) one 
or more hazardous air pollutants is not subject to a relevant standard 
or other requirement established under this part, the owner or operator 
shall keep a record of the applicability determination on site at the 
source for a period of 5 years after the determination, or until the 
source changes its operations to become an affected source, whichever 
comes first. The record of the applicability determination shall include 
an analysis (or other information) that demonstrates why the owner or 
operator believes the source is unaffected (e.g., because the

[[Page 378]]

source is an area source). The analysis (or other information) shall be 
sufficiently detailed to allow the Administrator to make a finding about 
the source's applicability status with regard to the relevant standard 
or other requirement. If relevant, the analysis shall be performed in 
accordance with requirements established in subparts of this part for 
this purpose for particular categories of stationary sources. If 
relevant, the analysis should be performed in accordance with EPA 
guidance materials published to assist sources in making applicability 
determinations under section 112, if any.
    (c) Additional recordkeeping requirements for sources with 
continuous monitoring systems. In addition to complying with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section, 
the owner or operator of an affected source required to install a CMS by 
a relevant standard shall maintain records for such source of--
    (1) All required CMS measurements (including monitoring data 
recorded during unavoidable CMS breakdowns and out-of-control periods);
    (2)-(4) [Reserved]
    (5) The date and time identifying each period during which the CMS 
was inoperative except for zero (low-level) and high-level checks;
    (6) The date and time identifying each period during which the CMS 
was out of control, as defined in Sec. 63.8(c)(7);
    (7) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during startups, shutdowns, and malfunctions of 
the affected source;
    (8) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during periods other than startups, shutdowns, 
and malfunctions of the affected source;
    (9) [Reserved]
    (10) The nature and cause of any malfunction (if known);
    (11) The corrective action taken or preventive measures adopted;
    (12) The nature of the repairs or adjustments to the CMS that was 
inoperative or out of control;
    (13) The total process operating time during the reporting period; 
and
    (14) All procedures that are part of a quality control program 
developed and implemented for CMS under Sec. 63.8(d).
    (15) In order to satisfy the requirements of paragraphs (c)(10) 
through (c)(12) of this section and to avoid duplicative recordkeeping 
efforts, the owner or operator may use the affected source's startup, 
shutdown, and malfunction plan or records kept to satisfy the 
recordkeeping requirements of the startup, shutdown, and malfunction 
plan specified in Sec. 63.6(e), provided that such plan and records 
adequately address the requirements of paragraphs (c)(10) through 
(c)(12).
    (d) General reporting requirements. (1) Notwithstanding the 
requirements in this paragraph or paragraph (e) of this section, the 
owner or operator of an affected source subject to reporting 
requirements under this part shall submit reports to the Administrator 
in accordance with the reporting requirements in the relevant 
standard(s).
    (2) Reporting results of performance tests. Before a title V permit 
has been issued to the owner or operator of an affected source, the 
owner or operator shall report the results of any performance test under 
Sec. 63.7 to the Administrator. After a title V permit has been issued 
to the owner or operator of an affected source, the owner or operator 
shall report the results of a required performance test to the 
appropriate permitting authority. The owner or operator of an affected 
source shall report the results of the performance test to the 
Administrator (or the State with an approved permit program) before the 
close of business on the 60th day following the completion of the 
performance test, unless specified otherwise in a relevant standard or 
as approved otherwise in writing by the Administrator. The results of 
the performance test shall be submitted as part of the notification of 
compliance status required under Sec. 63.9(h).
    (3) Reporting results of opacity or visible emission observations. 
The owner or operator of an affected source required to conduct opacity 
or visible emission

[[Page 379]]

observations by a relevant standard shall report the opacity or visible 
emission results (produced using Test Method 9 or Test Method 22, or an 
alternative to these test methods) along with the results of the 
performance test required under Sec. 63.7. If no performance test is 
required, or if visibility or other conditions prevent the opacity or 
visible emission observations from being conducted concurrently with the 
performance test required under Sec. 63.7, the owner or operator shall 
report the opacity or visible emission results before the close of 
business on the 30th day following the completion of the opacity or 
visible emission observations.
    (4) Progress reports. The owner or operator of an affected source 
who is required to submit progress reports as a condition of receiving 
an extension of compliance under Sec. 63.6(i) shall submit such reports 
to the Administrator (or the State with an approved permit program) by 
the dates specified in the written extension of compliance.
    (5)(i) Periodic startup, shutdown, and malfunction reports. If 
actions taken by an owner or operator during a startup, shutdown, or 
malfunction of an affected source (including actions taken to correct a 
malfunction) are consistent with the procedures specified in the 
source's startup, shutdown, and malfunction plan [see Sec. 63.6(e)(3)], 
the owner or operator shall state such information in a startup, 
shutdown, and malfunction report. Reports shall only be required if a 
startup, shutdown, or malfunction occurred during the reporting period. 
The startup, shutdown, and malfunction report shall consist of a letter, 
containing the name, title, and signature of the owner or operator or 
other responsible official who is certifying its accuracy, that shall be 
submitted to the Administrator semiannually (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). If the owner or 
operator is required to submit excess emissions and continuous 
monitoring system performance (or other periodic) reports under this 
part, the startup, shutdown, and malfunction reports required under this 
paragraph may be submitted simultaneously with the excess emissions and 
continuous monitoring system performance (or other) reports. If startup, 
shutdown, and malfunction reports are submitted with excess emissions 
and continuous monitoring system performance (or other periodic) 
reports, and the owner or operator receives approval to reduce the 
frequency of reporting for the latter under paragraph (e) of this 
section, the frequency of reporting for the startup, shutdown, and 
malfunction reports also may be reduced if the Administrator does not 
object to the intended change. The procedures to implement the allowance 
in the preceding sentence shall be the same as the procedures specified 
in paragraph (e)(3) of this section.
    (ii) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
periodic startup, shutdown, and malfunction reports under paragraph 
(d)(5)(i) of this section, any time an action taken by an owner or 
operator during a startup, shutdown, or malfunction (including actions 
taken to correct a malfunction) is not consistent with the procedures 
specified in the affected source's startup, shutdown, and malfunction 
plan, the owner or operator shall report the actions taken for that 
event within 2 working days after commencing actions inconsistent with 
the plan followed by a letter within 7 working days after the end of the 
event. The immediate report required under this paragraph shall consist 
of a telephone call (or facsimile (FAX) transmission) to the 
Administrator within 2 working days after commencing actions 
inconsistent with the plan, and it shall be followed by a letter, 
delivered or postmarked within 7 working days after the end of the 
event, that contains the name, title, and signature of the owner or 
operator or other responsible official who is certifying its accuracy, 
explaining the circumstances of the event, the reasons for not following 
the startup, shutdown, and malfunction plan, and whether any excess 
emissions and/or

[[Page 380]]

parameter monitoring exceedances are believed to have occurred. 
Notwithstanding the requirements of the previous sentence, after the 
effective date of an approved permit program in the State in which an 
affected source is located, the owner or operator may make alternative 
reporting arrangements, in advance, with the permitting authority in 
that State. Procedures governing the arrangement of alternative 
reporting requirements under this paragraph are specified in 
Sec. 63.9(i).
    (e) Additional reporting requirements for sources with continuous 
monitoring systems--(1) General. When more than one CEMS is used to 
measure the emissions from one affected source (e.g., multiple 
breechings, multiple outlets), the owner or operator shall report the 
results as required for each CEMS.
    (2) Reporting results of continuous monitoring system performance 
evaluations. (i) The owner or operator of an affected source required to 
install a CMS by a relevant standard shall furnish the Administrator a 
copy of a written report of the results of the CMS performance 
evaluation, as required under Sec. 63.8(e), simultaneously with the 
results of the performance test required under Sec. 63.7, unless 
otherwise specified in the relevant standard.
    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation conducted under 
Sec. 63.8(e). The copies shall be furnished at least 15 calendar days 
before the performance test required under Sec. 63.7 is conducted.
    (3) Excess emissions and continuous monitoring system performance 
report and summary report. (i) Excess emissions and parameter monitoring 
exceedances are defined in relevant standards. The owner or operator of 
an affected source required to install a CMS by a relevant standard 
shall submit an excess emissions and continuous monitoring system 
performance report and/or a summary report to the Administrator 
semiannually, except when--
    (A) More frequent reporting is specifically required by a relevant 
standard;
    (B) The Administrator determines on a case-by-case basis that more 
frequent reporting is necessary to accurately assess the compliance 
status of the source; or
    (C) The CMS data are to be used directly for compliance 
determination and the source experienced excess emissions, in which case 
quarterly reports shall be submitted. Once a source reports excess 
emissions, the source shall follow a quarterly reporting format until a 
request to reduce reporting frequency under paragraph (e)(3)(ii) of this 
section is approved.
     (ii) Request to reduce frequency of excess emissions and continuous 
monitoring system performance reports. Notwithstanding the frequency of 
reporting requirements specified in paragraph (e)(3)(i) of this section, 
an owner or operator who is required by a relevant standard to submit 
excess emissions and continuous monitoring system performance (and 
summary) reports on a quarterly (or more frequent) basis may reduce the 
frequency of reporting for that standard to semiannual if the following 
conditions are met:
     (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected source's excess emissions and continuous 
monitoring system performance reports continually demonstrate that the 
source is in compliance with the relevant standard;
    (B) The owner or operator continues to comply with all recordkeeping 
and monitoring requirements specified in this subpart and the relevant 
standard; and
    (C) The Administrator does not object to a reduced frequency of 
reporting for the affected source, as provided in paragraph (e)(3)(iii) 
of this section.
    (iii) The frequency of reporting of excess emissions and continuous 
monitoring system performance (and summary) reports required to comply 
with a relevant standard may be reduced only after the owner or operator 
notifies the Administrator in writing of his or her intention to make 
such a change and the Administrator does not object to the intended 
change. In deciding

[[Page 381]]

whether to approve a reduced frequency of reporting, the Administrator 
may review information concerning the source's entire previous 
performance history during the 5-year recordkeeping period prior to the 
intended change, including performance test results, monitoring data, 
and evaluations of an owner or operator's conformance with operation and 
maintenance requirements. Such information may be used by the 
Administrator to make a judgment about the source's potential for 
noncompliance in the future. If the Administrator disapproves the owner 
or operator's request to reduce the frequency of reporting, the 
Administrator will notify the owner or operator in writing within 45 
days after receiving notice of the owner or operator's intention. The 
notification from the Administrator to the owner or operator will 
specify the grounds on which the disapproval is based. In the absence of 
a notice of disapproval within 45 days, approval is automatically 
granted.
    (iv) As soon as CMS data indicate that the source is not in 
compliance with any emission limitation or operating parameter specified 
in the relevant standard, the frequency of reporting shall revert to the 
frequency specified in the relevant standard, and the owner or operator 
shall submit an excess emissions and continuous monitoring system 
performance (and summary) report for the noncomplying emission points at 
the next appropriate reporting period following the noncomplying event. 
After demonstrating ongoing compliance with the relevant standard for 
another full year, the owner or operator may again request approval from 
the Administrator to reduce the frequency of reporting for that 
standard, as provided for in paragraphs (e)(3)(ii) and (e)(3)(iii) of 
this section.
    (v) Content and submittal dates for excess emissions and monitoring 
system performance reports. All excess emissions and monitoring system 
performance reports and all summary reports, if required, shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half or quarter, as appropriate. Written reports of excess 
emissions or exceedances of process or control system parameters shall 
include all the information required in paragraphs (c)(5) through 
(c)(13) of this section, in Sec. 63.8(c)(7) and Sec. 63.8(c)(8), and in 
the relevant standard, and they shall contain the name, title, and 
signature of the responsible official who is certifying the accuracy of 
the report. When no excess emissions or exceedances of a parameter have 
occurred, or a CMS has not been inoperative, out of control, repaired, 
or adjusted, such information shall be stated in the report.
    (vi) Summary report. As required under paragraphs (e)(3)(vii) and 
(e)(3)(viii) of this section, one summary report shall be submitted for 
the hazardous air pollutants monitored at each affected source (unless 
the relevant standard specifies that more than one summary report is 
required, e.g., one summary report for each hazardous air pollutant 
monitored). The summary report shall be entitled ``Summary Report--
Gaseous and Opacity Excess Emission and Continuous Monitoring System 
Performance'' and shall contain the following information:
    (A) The company name and address of the affected source;
    (B) An identification of each hazardous air pollutant monitored at 
the affected source;
    (C) The beginning and ending dates of the reporting period;
    (D) A brief description of the process units;
    (E) The emission and operating parameter limitations specified in 
the relevant standard(s);
    (F) The monitoring equipment manufacturer(s) and model number(s);
    (G) The date of the latest CMS certification or audit;
    (H) The total operating time of the affected source during the 
reporting period;
    (I) An emission data summary (or similar summary if the owner or 
operator monitors control system parameters), including the total 
duration of excess emissions during the reporting period (recorded in 
minutes for opacity and hours for gases), the total duration of excess 
emissions expressed as a percent of the total source operating time 
during that reporting period, and a

[[Page 382]]

breakdown of the total duration of excess emissions during the reporting 
period into those that are due to startup/shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes;
    (J) A CMS performance summary (or similar summary if the owner or 
operator monitors control system parameters), including the total CMS 
downtime during the reporting period (recorded in minutes for opacity 
and hours for gases), the total duration of CMS downtime expressed as a 
percent of the total source operating time during that reporting period, 
and a breakdown of the total CMS downtime during the reporting period 
into periods that are due to monitoring equipment malfunctions, 
nonmonitoring equipment malfunctions, quality assurance/quality control 
calibrations, other known causes, and other unknown causes;
    (K) A description of any changes in CMS, processes, or controls 
since the last reporting period;
    (L) The name, title, and signature of the responsible official who 
is certifying the accuracy of the report; and
    (M) The date of the report.
    (vii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is less 
than 1 percent of the total operating time for the reporting period, and 
CMS downtime for the reporting period is less than 5 percent of the 
total operating time for the reporting period, only the summary report 
shall be submitted, and the full excess emissions and continuous 
monitoring system performance report need not be submitted unless 
required by the Administrator.
    (viii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is 1 
percent or greater of the total operating time for the reporting period, 
or the total CMS downtime for the reporting period is 5 percent or 
greater of the total operating time for the reporting period, both the 
summary report and the excess emissions and continuous monitoring system 
performance report shall be submitted.
    (4) Reporting continuous opacity monitoring system data produced 
during a performance test. The owner or operator of an affected source 
required to use a COMS shall record the monitoring data produced during 
a performance test required under Sec. 63.7 and shall furnish the 
Administrator a written report of the monitoring results. The report of 
COMS data shall be submitted simultaneously with the report of the 
performance test results required in paragraph (d)(2) of this section.
    (f) Waiver of recordkeeping or reporting requirements. (1) Until a 
waiver of a recordkeeping or reporting requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section.
    (2) Recordkeeping or reporting requirements may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the affected source is achieving the relevant standard(s), or 
the source is operating under an extension of compliance, or the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) If an application for a waiver of recordkeeping or reporting is 
made, the application shall accompany the request for an extension of 
compliance under Sec. 63.6(i), any required compliance progress report 
or compliance status report required under this part (such as under 
Sec. 63.6(i) and Sec. 63.9(h)) or in the source's title V permit, or an 
excess emissions and continuous monitoring system performance report 
required under paragraph (e) of this section, whichever is applicable. 
The application shall include whatever information the owner or operator 
considers useful to convince the Administrator that a waiver of 
recordkeeping or reporting is warranted.
    (4) The Administrator will approve or deny a request for a waiver of 
recordkeeping or reporting requirements under this paragraph when he/
she--
    (i) Approves or denies an extension of compliance; or
    (ii) Makes a determination of compliance following the submission of 
a required compliance status report or excess emissions and continuous 
monitoring systems performance report; or

[[Page 383]]

    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Administrator.
    (6) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.



Sec. 63.11  Control device requirements.

    (a) Applicability. This section contains requirements for control 
devices used to comply with provisions in relevant standards. These 
requirements apply only to affected sources covered by relevant 
standards referring directly or indirectly to this section.
    (b) Flares. (1) Owners or operators using flares to comply with the 
provisions of this part shall monitor these control devices to assure 
that they are operated and maintained in conformance with their designs. 
Applicable subparts will provide provisions stating how owners or 
operators using flares shall monitor these control devices.
    (2) Flares shall be steam-assisted, air-assisted, or non-assisted.
    (3) Flares shall be operated at all times when emissions may be 
vented to them.
    (4) Flares shall be designed for and operated with no visible 
emissions, except for periods not to exceed a total of 5 minutes during 
any 2 consecutive hours. Test Method 22 in appendix A of part 60 of this 
chapter shall be used to determine the compliance of flares with the 
visible emission provisions of this part. The observation period is 2 
hours and shall be used according to Method 22.
    (5) Flares shall be operated with a flame present at all times. The 
presence of a flare pilot flame shall be monitored using a thermocouple 
or any other equivalent device to detect the presence of a flame.
    (6) Flares shall be used only with the net heating value of the gas 
being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is 
steam-assisted or air-assisted; or with the net heating value of the gas 
being combusted at 7.45 MJ/scm (200 Btu/scf) or greater if the flare is 
non-assisted. The net heating value of the gas being combusted in a 
flare shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16MR94.000

Where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy 
per mole of offgas is based on combustion at 25  deg.C and 760 mm Hg, 
but the standard temperature for determining the volume corresponding to 
one mole is 20  deg.C.

K=Constant =
[GRAPHIC] [TIFF OMITTED] TR16MR94.001

where the standard temperature for (g-mole/scm) is 20  deg.C.

Ci=Concentration of sample component i in ppmv on a wet basis, as 
measured for organics by Test Method 18 and measured for hydrogen and 
carbon monoxide by American Society for Testing and Materials (ASTM) 
D1946-77 (incorporated by reference as specified in Sec. 63.14).

Hi=Net heat of combustion of sample component i, kcal/g-mole at 25  
deg.C and 760 mm Hg. The heats of combustion may be determined using 
ASTM D2382-76 (incorporated by reference as specified in Sec. 63.14) if 
published values are not available or cannot be calculated.

n=Number of sample components.

    (7)(i) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), 
except as provided in paragraphs (b)(7)(ii) and (b)(7)(iii) of this 
section. The actual exit velocity of a flare shall be determined by 
dividing by the volumetric flow rate of gas being combusted (in units of 
emission standard temperature and pressure), as

[[Page 384]]

determined by Test Method 2, 2A, 2C, or 2D in appendix A to 40 CFR part 
60 of this chapter, as appropriate, by the unobstructed (free) cross-
sectional area of the flare tip.
    (ii) Steam-assisted and nonassisted flares designed for and operated 
with an exit velocity, as determined by the method specified in 
paragraph (b)(7)(i) of this section, equal to or greater than 18.3 m/sec 
(60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net 
heating value of the gas being combusted is greater than 37.3 MJ/scm 
(1,000 Btu/scf).
    (iii) Steam-assisted and nonassisted flares designed for and 
operated with an exit velocity, as determined by the method specified in 
paragraph (b)(7)(i) of this section, less than the velocity Vmax, 
as determined by the method specified in this paragraph, but less than 
122 m/sec (400 ft/sec) are allowed. The maximum permitted velocity, 
Vmax, for flares complying with this paragraph shall be determined 
by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

Where:
Vmax=Maximum permitted velocity, m/sec.
28.8=Constant.
31.7=Constant.
HT=The net heating value as determined in paragraph (b)(6) of this 
section.

    (8) Air-assisted flares shall be designed and operated with an exit 
velocity less than the velocity Vmax. The maximum permitted 
velocity, Vmax, for air-assisted flares shall be determined by the 
following equation:

Vmax=8.706+0.7084(HT)

Where:
Vmax=Maximum permitted velocity, m/sec.
8.706=Constant.
0.7084=Constant.
HT=The net heating value as determined in paragraph (b)(6) of this 
section.



Sec. 63.12  State authority and delegations.

    (a) The provisions of this part shall not be construed in any manner 
to preclude any State or political subdivision thereof from--
    (1) Adopting and enforcing any standard, limitation, prohibition, or 
other regulation applicable to an affected source subject to the 
requirements of this part, provided that such standard, limitation, 
prohibition, or regulation is not less stringent than any requirement 
applicable to such source established under this part;
    (2) Requiring the owner or operator of an affected source to obtain 
permits, licenses, or approvals prior to initiating construction, 
reconstruction, modification, or operation of such source; or
    (3) Requiring emission reductions in excess of those specified in 
subpart D of this part as a condition for granting the extension of 
compliance authorized by section 112(i)(5) of the Act.
    (b)(1) Section 112(l) of the Act directs the Administrator to 
delegate to each State, when appropriate, the authority to implement and 
enforce standards and other requirements pursuant to section 112 for 
stationary sources located in that State. Because of the unique nature 
of radioactive material, delegation of authority to implement and 
enforce standards that control radionuclides may require separate 
approval.
    (2) Subpart E of this part establishes procedures consistent with 
section 112(l) for the approval of State rules or programs to implement 
and enforce applicable Federal rules promulgated under the authority of 
section 112. Subpart E also establishes procedures for the review and 
withdrawal of section 112 implementation and enforcement authorities 
granted through a section 112(l) approval.
    (c) All information required to be submitted to the EPA under this 
part also shall be submitted to the appropriate State agency of any 
State to which authority has been delegated under section 112(l) of the 
Act, provided that each specific delegation may exempt sources from a 
certain Federal or State reporting requirement. The Administrator may 
permit all or some of the information to be submitted to the appropriate 
State agency only, instead of to the EPA and the State agency.

[[Page 385]]



Sec. 63.13  Addresses of State air pollution control agencies and EPA Regional Offices.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted to the appropriate Regional Office of the U.S. Environmental 
Protection Agency indicated in the following list of EPA Regional 
Offices.

    EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont), Director, Air, Pesticides and Toxics Division, 
J.F.K. Federal Building, Boston, MA 02203-2211.
    EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Air and Waste Management Division, 26 Federal Plaza, New York, 
NY 10278.
    EPA Region III (Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, West Virginia), Director, Air, Radiation and 
Toxics Division, 841 Chestnut Street, Philadelphia, PA 19107.
    EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee), Director, Air, Pesticides 
and Toxics, Management Division, 345 Courtland Street, NE., Atlanta, GA 
30365.
    EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin), Director, Air and Radiation Division, 77 West Jackson Blvd., 
Chicago, IL 60604-3507.
    EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
Director, Air, Pesticides and Toxics, 1445 Ross Avenue, Dallas, TX 
75202-2733.
    EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101.
    EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, 
Utah, Wyoming), Director, Air and Toxics Division, 999 18th Street, 1 
Denver Place, Suite 500, Denver, CO 80202-2405.
    EPA Region IX (Arizona, California, Hawaii, Nevada, American Samoa, 
Guam), Director, Air and Toxics Division, 75 Hawthorne Street, San 
Francisco, CA 94105.
    EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Air and 
Toxics Division, 1200 Sixth Avenue, Seattle, WA 98101.

    (b) All information required to be submitted to the Administrator 
under this part also shall be submitted to the appropriate State agency 
of any State to which authority has been delegated under section 112(l) 
of the Act. The owner or operator of an affected source may contact the 
appropriate EPA Regional Office for the mailing addresses for those 
States whose delegation requests have been approved.
    (c) If any State requires a submittal that contains all the 
information required in an application, notification, request, report, 
statement, or other communication required in this part, an owner or 
operator may send the appropriate Regional Office of the EPA a copy of 
that submittal to satisfy the requirements of this part for that 
communication.



Sec. 63.14  Incorporations by reference.

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice of 
any change in these materials will be published in the Federal Register. 
The materials are available for purchase at the corresponding addresses 
noted below, and all are available for inspection at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, Washington, 
DC, at the Air and Radiation Docket and Information Center, U.S. EPA, 
401 M Street, SW., Washington, DC, and at the EPA Library (MD-35), U.S. 
EPA, Research Triangle Park, North Carolina.
    (b) The materials listed below are available for purchase from at 
least one of the following addresses: American Society for Testing and 
Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or 
University Microfilms International, 300 North Zeeb Road, Ann Arbor, 
Michigan 48106.
    (1) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by 
Gas Chromatography, IBR approved for Sec. 63.11(b)(6).
    (2) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb 
Calorimeter (High-Precision Method), IBR approved for Sec. 63.11(b)(6).
    (3) ASTM D2879-83, Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved for Sec. 63.111 of subpart G of 
this part.

[[Page 386]]

    (4) ASTM D 3695-88, Standard Test Method for Volatile Alcohols in 
Water by Direct Aqueous-Injection Gas Chromatography, IBR approved for 
Sec. 63.365(e)(1) of subpart O of this part.
    (5) ASTM D 1193-77, Standard Specification for Reagent Water, IBR 
approved for Method 306, section 4.1.1 and section 4.4.2, of appendix A 
to part 63.
    (6) ASTM D 1331-89, Standard Test Methods for Surface and 
Interfacial Tension of Solutions of Surface Active Agents, IBR approved 
for Method 306B, section 2.2, section 3.1, and section 4.2, of appendix 
A to part 63.
    (7) ASTM E 260-91, Standard Practice for Packed Column Gas 
Chromatography, IBR approved for Sec. 63.750(b)(2) of subpart GG of this 
part.

    Editorial Note: At 60 FR 64336, Dec. 15, 1995, in Sec. 63.14, the 
following paragraphs (b)(4) through (b)(14) were added, although (b)(4) 
through (b)(7) already existed before this amendment.
    (4) ASTM D523-89, Standard Test Method for Specular Gloss, IBR 
approved for Sec. 63.782.
    (5) ASTM D1475-90, Standard Test Method for Density of Paint, 
Varnish, Lacquer, and Related Products, IBR approved for Sec. 63.788 
appendix A.
    (6) ASTM D2369-93, Standard Test Method for Volatile Content of 
Coatings, IBR approved for Sec. 63.788 appendix A.
    (7) ASTM D3912-80, Standard Test Method for Chemical Resistance of 
Coatings Used in Light-Water Nuclear Power Plants, IBR approved for 
Sec. 63.782.
    (8) ASTM D4017-90, Standard Test Method for Water and Paints and 
Paint Materials by Karl Fischer Method, IBR approved for Sec. 63.788 
appendix A.
    (9) ASTM D4082-89, Standard Test Method for Effects of Gamma 
Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR 
approved for Sec. 63.782.
    (10) ASTM D4256-89 [reapproved 1994], Standard Test Method for 
Determination of the Decontaminability of Coatings Used in Light-Water 
Nuclear Power Plants, IBR approved for Sec. 63.782.
    (11) ASTM D3792-91, Standard Test Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for Sec. 63.788 appendix A.
    (12) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral 
Spirits by Gas Chromatography, IBR approved for Sec. 63.786(b).
    (13) ASTM E260-91, Standard Practice for Packed Column Gas 
Chromatography, IBR approved for Sec. 63.786(b).
    (14) ASTM E180-93, Standard Practice for Determining the Precision 
of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR 
approved for Sec. 63.786(b).

    (c) The materials listed below are available for purchase from the 
American Petroleum Institute (API), 1220 L Street, NW., Washington, DC 
20005.
    (1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition, February 1989, IBR approved for Sec. 63.111 
of subpart G of this part.
    (2) API Publication 2518, Evaporative Loss from Fixed-roof Tanks, 
Second Edition, October 1991, IBR approved for Sec. 63.150(g)(3)(i)(C) 
of subpart G of this part.
    (d) State and Local Requirements. The materials listed below are 
available at the Air and Radiation Docket and Information Center, U.S. 
EPA, 401 M Street, SW., Washington, DC.
    (1) California Regulatory Requirements Applicable to the Air Toxics 
Program, March 1, 1996, IBR approved for Sec. 63.99(a)(5)(ii) of subpart 
E of this part.
    (2) [Reserved]

[59 FR 12430, Mar. 16, 1994, as amended at 59 FR 19453, Apr. 22, 1994; 
59 FR 62589, Dec. 6, 1994; 60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 
27, 1995; 60 FR 45980, Sept. 1, 1995; 61 FR 25399, May 21, 1996]



Sec. 63.15  Availability of information and confidentiality.

    (a) Availability of information. (1) With the exception of 
information protected through part 2 of this chapter, all reports, 
records, and other information collected by the Administrator under this 
part are available to the public. In addition, a copy of each permit 
application, compliance plan (including the schedule of compliance), 
notification of compliance status, excess emissions and continuous 
monitoring systems performance report, and title V permit is available 
to the public, consistent with protections recognized in section 503(e) 
of the Act.

[[Page 387]]

    (2) The availability to the public of information provided to or 
otherwise obtained by the Administrator under this part shall be 
governed by part 2 of this chapter.
    (b) Confidentiality. (1) If an owner or operator is required to 
submit information entitled to protection from disclosure under section 
114(c) of the Act, the owner or operator may submit such information 
separately. The requirements of section 114(c) shall apply to such 
information.
    (2) The contents of a title V permit shall not be entitled to 
protection under section 114(c) of the Act; however, information 
submitted as part of an application for a title V permit may be entitled 
to protection from disclosure.



Subpart B--Requirements for Control Technology Determinations for Major 
 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 
                                 112(j)

    Source: 59 FR 26449, May 20, 1994, unless otherwise noted.
Secs. 63.40-63.49  [Reserved]



Sec. 63.50  Applicability.

    (a) General applicability. The requirements of Secs. 63.50 through 
63.56 implement section 112(j) of the Clean Air Act (as amended in 
1990). The requirements of Secs. 63.50 through 63.56 apply in each State 
beginning on the effective date of an approved title V permit program in 
such State. These requirements apply to the owner or operator of a major 
source of hazardous air pollutants which includes one or more stationary 
sources included in a source category or subcategory for which the 
Administrator has failed to promulgate an emission standard under this 
part by the section 112(j) deadline.
    (b) Relationship to State and local requirements. Nothing in 
Secs. 63.50 through 63.56 shall prevent a State or local regulatory 
agency from imposing more stringent requirements than those contained in 
these subsections.
    (c) Retention of State permit program approval. In order to retain 
State permit program approval, a State must, by the section 112(j) 
deadline for a source category, obtain sufficient legal authority to 
establish equivalent emission limitations, to incorporate those 
requirements into a title V permit, and to incorporate and enforce other 
requirements of section 112(j).



Sec. 63.51  Definitions.

    Terms used in Secs. 63.50 through 63.56 of this subpart that are not 
defined below have the meaning given to them in the Act, in subpart A of 
this part.
    Available information means, for purposes of conducting a MACT floor 
finding and identifying control technology options for emission units 
subject to the provisions of this subpart, information contained in the 
following information sources as of the section 112(j) deadline:
    (1) A relevant proposed regulation, including all supporting 
information;
    (2) Background information documents for a draft or proposed 
regulation;
    (3) Any regulation, information or guidance collected by the 
Administrator establishing a MACT floor finding
and/or MACT determination;
    (4) Data and information available from the Control Technology 
Center developed pursuant to section 112(l)(3) of the Act, and
    (5) Data and information contained in the Aerometric Informational 
Retrieval System (AIRS) including information in the MACT database, and
    (6) Any additional information that can be expeditiously provided by 
the Administrator, and
    (7) Any information provided by applicants in an application for a 
permit, permit modification, administrative amendment, or Notice of MACT 
Approval pursuant to the requirements of this subpart.
    (8) Any additional relevant information provided by the applicant.
    Control technology means measures, processes, methods, systems, or 
techniques to limit the emission of hazardous air pollutants including, 
but not limited to, measures which:
    (1) Reduce the quantity, or eliminate emissions, of such pollutants 
through

[[Page 388]]

process changes, substitution of materials or other modifications;
    (2) Enclose systems or processes to eliminate emissions;
    (3) Collect, capture, or treat such pollutants when released from a 
process, stack, storage or fugitive emissions point;
    (4) Are design, equipment, work practice, or operational standards 
(including requirements for operator training or certification) as 
provided in 42 U.S.C. 7412(h); or
    (5) Are a combination of paragraphs (1) through (4) of this 
definition.
    Emission point means any part or activity of a major source that 
emits or has the potential to emit, under current operational design, 
any hazardous air pollutant.
    Emission unit means any building, structure, facility, or 
installation. This could include an emission point or collection of 
emission points, within a major source, which the permitting authority 
determines is the appropriate entity for making a MACT determination 
under section 112(j), i.e., any of the following:
    (1) An emission point that can be individually controlled.
    (2) The smallest grouping of emission points, that, when collected 
together, can be commonly controlled by a single control device or work 
practice.
    (3) Any grouping of emission points, that, when collected together, 
can be commonly controlled by a single control device or work practice.
    (4) A grouping of emission points that are functionally related. 
Equipment is functionally related if the operation or action for which 
the equipment was specifically designed could not occur without being 
connected with or without relying on the operation of another piece of 
equipment.
    (5) The entire geographical entity comprising a major source in a 
source category subject to a MACT determination under section 112(j).
    Enhanced review means a review process containing all administrative 
steps needed to ensure that the terms and conditions resulting from the 
review process can be incorporated into the title V permit by an 
administrative amendment.
    Equivalent emission limitation means an emission limitation, 
established under section 112(j) of the Act, which is at least as 
stringent as the MACT standard that EPA would have promulgated under 
section 112(d) or section 112(h) of the Act.
    Existing major source means a major source, construction or 
reconstruction of which is commenced before EPA proposed a standard, 
applicable to the major source, under section 112 (d) or (h), or if no 
proposal was published, then on or before the section 112(j) deadline.
    Maximum achievable control technology (MACT) emission limitation for 
existing sources means the emission limitation reflecting the maximum 
degree of reduction in emissions of hazardous air pollutants (including 
a prohibition on such emissions, where achievable) that the 
Administrator, taking into consideration the cost of achieving such 
emission reductions, and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable by sources in 
the category or subcategory to which such emission standard applies. 
This limitation shall not be less stringent than the MACT floor.
    Maximum achievable control technology (MACT) emission limitation for 
new sources means the emission limitation which is not less stringent 
than the emission limitation achieved in practice by the best controlled 
similar source, and which reflects the maximum degree of reduction in 
emissions of hazardous air pollutants (including a prohibition on such 
emissions, where achievable) that the Administrator, taking into 
consideration the cost of achieving such emission reduction, and any 
non-air quality health and environmental impacts and energy 
requirements, determines is achievable by sources in the category or 
subcategory to which such emission standard applies.
    Maximum Achievable Control Technology (MACT) floor means:
    (1) For existing sources:
    (i) The average emission limitation achieved by the best performing 
12 percent of the existing sources in the

[[Page 389]]

United States (for which the Administrator has emissions information), 
excluding those sources that have, within 18 months before the emission 
standard is proposed or within 30 months before such standard is 
promulgated, whichever is later, first achieved a level of emission rate 
or emission reduction which complies, or would comply if the source is 
not subject to such standard, with the lowest achievable emission rate 
(as defined in section 171 of the Act) applicable to the source category 
and prevailing at the time, in the category or subcategory, for 
categories and subcategories of stationary sources with 30 or more 
sources; or
    (ii) The average emission limitation achieved by the best performing 
five sources in the United States (for which the Administrator has or 
could reasonably obtain emissions information) in the category or 
subcategory, for a category or subcategory of stationary sources with 
fewer than 30 sources;
    (2) For new sources, the emission limitation achieved in practice by 
the best controlled similar source.
    New emission unit means an emission unit for which construction or 
reconstruction is commenced after the section 112(j) deadline, or after 
proposal of a relevant standard under section 112(d) or section 112(h) 
of the Clean Air Act (as amended in 1990), whichever comes first, except 
that, as provided by Sec. 63.52(f)(1), an emission unit, at a major 
source, for which construction or reconstruction is commenced before the 
date upon which the area source becomes a major source, shall not be 
considered a new emission unit if, after the addition of such emission 
unit, the source is still an area source.
    New major source means a major source for which construction or 
reconstruction is commenced after the section 112(j) deadline, or after 
proposal of a relevant standard under section 112(d) or section 112(h) 
of the Clean Air Act (as amended in 1990), whichever comes first.
    Permitting authority means the permitting authority as defined in 
part 70 of this chapter.
    Section 112(j) deadline means the date 18 months, after the date by 
which a relevant standard is scheduled to be promulgated under this 
part, except for all major sources listed in the source category 
schedule for which a relevant standard is scheduled to be promulgated by 
November 15, 1994, the section 112(j) deadline is November 15, 1996.
    Similar source means an emission unit that has comparable emissions 
and is structurally similar in design and capacity to other emission 
units such that the emission units could be controlled using the same 
control technology.
    Source category schedule for standards means the schedule for 
promulgating MACT standards issued pursuant to section 112(e) of the 
Act.
    United States means the United States, its possessions and 
territories.

[59 FR 26449, May 20, 1994, as amended at 61 FR 21372, May 10, 1996]



Sec. 63.52  Approval process for new and existing emission units.

    (a) Application. (1) Except as provided in Sec. 63.52(a)(3), if the 
Administrator fails to promulgate an emission standard under this part 
on or before an applicable section 112(j) deadline for a source category 
or subcategory, the owner or operator of an existing major source that 
includes one or more stationary sources in such category or subcategory, 
shall submit an application for a title V permit or application for a 
significant permit modification, whichever is applicable, by the section 
112(j) deadline.
    (2) If the Administrator fails to promulgate an emission standard 
under this part on or before an applicable section 112(j) deadline for a 
source category or subcategory, the owner or operator of a new emission 
unit in such source category or subcategory shall submit an application 
for a title V permit or application for a significant permit 
modification or administrative amendment, whichever is applicable, in 
accordance with procedures established under title V.
    (3)(i) The owner or operator of an existing major source that 
already has a title V permit requiring compliance with a limit that 
would meet the requirements of section 112(j) of the Act, shall submit 
an application for an administrative permit amendment, by

[[Page 390]]

the section 112(j) deadline, in accordance with procedures established 
under title V.
    (ii) The owner or operator of a new emission unit that currently 
complies with a federally enforceable alternative emission limitation, 
or has a title V permit that already contains emission limitations 
substantively meeting the requirements of section 112(j), shall submit 
an application for an administrative permit amendment confirming 
compliance with the requirements of section 112(j), in accordance with 
procedures established under title V, and not later than the date 30 
days after the date construction or reconstruction is commenced.
    (4) In addition to meeting the requirements of Sec. 63.52(a)(2), the 
owner or operator of a new emission unit may submit an application for a 
Notice of MACT Approval before construction, pursuant to Sec. 63.54.
    (b) Permit review. (1) Permit applications submitted under this 
paragraph will be reviewed and approved or disapproved according to 
procedures established under title V, and any other regulations approved 
under title V in the jurisdiction in which the emission unit is located. 
In the event that the permitting authority disapproves a permit 
application submitted under this paragraph or determines that the 
application is incomplete, the owner or operator shall revise and 
resubmit the application to meet the objections of the permitting 
authority not later than six months after first being notified that the 
application was disapproved or is incomplete.
    (2) If the owner or operator has submitted a timely and complete 
application for a title V permit, significant permit modification, or 
administrative amendment required by this paragraph, any failure to have 
this permit will not be a violation of the requirements of this 
paragraph, unless the delay in final action is due to the failure of the 
applicant to submit, in a timely manner, information required or 
requested to process the application.
    (c) Emission limitation. The permit or Notice of MACT Approval, 
whichever is applicable, shall contain an equivalent emission limitation 
(or limitations) for that category or subcategory determined on a case-
by-case basis by the permitting authority, or, if the applicable 
criteria in subpart D of this part are met, the permit or Notice of MACT 
Approval may contain an alternative emission limitation. For the 
purposes of the preceding sentence, early reductions made pursuant to 
section 112(i)(5)(A) of the Act shall be achieved not later than the 
date on which the relevant standard should have been promulgated 
according to the source category schedule for standards.
    (1) The permit or Notice will contain an emission standard or 
emission limitation to control the emissions of hazardous air 
pollutants. The MACT emission limitation will be determined by the 
permitting authority and will be based on the degree of emission 
reductions that can be achieved, if the control technologies or work 
practices are installed, maintained, and operated properly. Such 
emission limitation will be established consistent with the principles 
contained in Sec. 63.55.
    (2) The permit or Notice will specify any notification, operation 
and maintenance, performance testing, monitoring, reporting and 
recordkeeping requirements. The permit or Notice will include the 
following information:
    (i) In addition to the MACT emission limitation required by 
paragraph (c)(1) of this section, additional emission limits, production 
limits, operational limits or other terms and conditions necessary to 
ensure federal enforceability of the MACT emission limitation;
    (ii) Compliance certifications, testing, monitoring, reporting and 
recordkeeping requirements that are consistent with requirements 
established pursuant to title V, Sec. 63.52(e), and, at the discretion 
of the permitting authority, to subpart A of this part;
    (iii) A statement requiring the owner or operator to comply with all 
requirements contained in subpart A of this part deemed by the 
permitting authority to be applicable;
    (iv) A compliance date(s) by which the owner or operator shall be in 
compliance with the MACT emission limitation, and all other applicable 
terms and conditions of the Notice.
    (d)(1) Compliance date. The owner or operator of an existing major 
source

[[Page 391]]

subject to the requirements of this paragraph shall comply with the 
emission limitation(s) established in the source's title V permit. In no 
case will such compliance date exceed 3 years after the issuance of the 
permit for that source, except where the permitting authority issues a 
permit that grants an additional year to comply in accordance with 
section 112(i)(3)(B), or unless otherwise specified in section 112(i), 
or in subpart D of this part.
    (2) The owner or operator of a new emission unit subject to the 
requirements of this paragraph shall comply with a new source MACT level 
of control immediately upon issuance of the title V permit for the 
emission unit.
    (e) Enhanced monitoring. In accordance with section 114(a)(3) of the 
Act, monitoring shall be capable of detecting deviations from each 
applicable emission limitation or other standard with sufficient 
reliability and timeliness to determine continuous compliance over the 
applicable reporting period. Such monitoring data may be used as a basis 
for enforcing emission limitations established under this subpart.
    (f) Area sources that become major sources. (1) After the effective 
date of this subpart, the owner or operator of a new or existing area 
source that increases its emissions of, or its potential to emit, 
hazardous air pollutants such that the source becomes a major source 
that is subject to this subpart shall submit an application for a title 
V permit or application for a significant permit modification, or 
administrative amendment, whichever is applicable, by the date that such 
source becomes a major source.
    (i) If an existing area source becomes a major source by the 
addition of an emission unit or as a result of reconstructing, that 
added emission unit or reconstructed emission unit shall comply with all 
requirements of this subpart that affect new emission units, including 
the compliance date for new emission units established in Sec. 63.52(d).
    (ii) If an area source, constructed after the section 112(j) 
deadline, becomes a major source solely by virtue of a relaxation in any 
federally enforceable emission limitation, established after the section 
112(j) deadline, on the capacity of an emission unit or units to emit a 
hazardous air pollutant, such as a restriction on hours of operation, 
then that emission unit or units shall comply with all requirements of 
this subpart that affect new emission units, on or before the date of 
such relaxation.
    (2) After the effective date of this subpart, if the Administrator 
establishes a lesser quantity emission rate under section 112(a)(1) of 
the Act that results in an area source becoming a major source, then the 
owner or operator of such major source shall submit an application for a 
title V permit or application for a significant permit modification, or 
administrative amendment, whichever is applicable, on or before the date 
6 months from the date that such source becomes a major source. If an 
existing area source becomes a major source as a result of the 
Administrator establishing a lesser quantity emission rate, then any 
emission unit, at that source, for which construction or reconstruction 
is commenced before the date upon which the source becomes major shall 
not be considered a new emission unit.



Sec. 63.53  Application content for case-by-case MACT determinations.

    (a) MACT Demonstration. Except as provided by Sec. 63.55(a)(3), an 
application for a MACT determination shall demonstrate how an emission 
unit will obtain the degree of emission reduction that the Administrator 
or the State has determined is at least as stringent as the emission 
reduction that would have been obtained had the relevant emission 
standard been promulgated according to the source category schedule for 
standards for the source category of which the emission unit is a 
member.
    (b) MACT Application. The application for a MACT determination shall 
contain the following information:
    (1) The name and address (physical location) of the major source;
    (2) A brief description of the major source, its source category or 
categories, a description of the emission unit(s) requiring a MACT 
determination pursuant to other requirements in this subpart, and a 
description of whether the emission unit(s) require

[[Page 392]]

new source MACT or existing source MACT based on the definitions 
established in Sec. 63.51;
    (3) For a new emission unit, the expected date of commencement of 
construction;
    (4) For a new emission unit, the expected date of completion of 
construction;
    (5) For a new emission unit, the anticipated date of startup of 
operation;
    (6) The hazardous air pollutants emitted by each emission point, and 
an estimated emission rate for each hazardous air pollutant.
    (7) Any existing federally enforceable emission limitations 
applicable to the emission point.
    (8) The maximum and expected utilization of capacity of each 
emission point, and the associated uncontrolled emission rates for each 
emission point;
    (9) The controlled emissions for each emission point in tons/year at 
expected and maximum utilization of capacity, and identification of 
control technology in place;
    (10) Except as provided in Sec. 63.55(a)(3), the MACT floor as 
specified by the Administrator or the permitting authority.
    (11) Except as provided in Sec. 63.55(a)(3), recommended emission 
limitations for the emission unit(s), and supporting information, 
consistent with Sec. 63.52(c) and Sec. 63.55(a).
    (12) Except as provided in Sec. 63.55(a)(3), a description of the 
control technologies that will apply to meet the emission limitations 
including technical information on the design, operation, size, 
estimated control efficiency, and any other information deemed 
appropriate by the permitting authority, and identification of the 
emission points to which the control technologies will be applied;
    (13) Except as provided in Sec. 63.55(a)(3), parameters to be 
monitored and frequency of monitoring to demonstrate continuous 
compliance with the MACT emission limitation over the applicable 
reporting period.
    (14) Any other information required by the permitting authority 
including, at the discretion of the permitting authority, information 
required pursuant to subpart A of this part.



Sec. 63.54  Preconstruction review procedures for new emission units.

    (a) Review process for new emission units. (1) If the permitting 
authority requires an owner or operator to obtain or revise a title V 
permit before construction of the new emission unit, or when the owner 
or operator chooses to obtain or revise a title V permit before 
construction, the owner or operator shall follow the administrative 
procedures established under title V before construction of the new 
emission unit.
    (2) If an owner or operator is not required to obtain or revise a 
title V permit before construction of the new emission unit (and has not 
elected to do so), but the new emission unit is covered by any 
preconstruction or pre-operation review requirements established 
pursuant to section 112(g) of the Act, then the owner or operator shall 
comply with those requirements, in order to ensure that the requirements 
of section 112(j) and section 112(g) are satisfied. If the new emission 
unit is not covered by section 112(g), the permitting authority, in its 
discretion, may issue a Notice of MACT Approval, or the equivalent, in 
accordance with the procedures set forth in paragraphs (b) through (h) 
of this section, or an equivalent permit review process, before 
construction or operation of the new emission unit.
    (3) Regardless of the review process, the MACT determination shall 
be consistent with the principles established in Sec. 63.55. The 
application for a Notice of MACT Approval or a title V permit, permit 
modification, or administrative amendment, whichever is applicable, 
shall include the documentation required by Sec. 63.53.
    (b) Optional administrative procedures for preconstruction or pre-
operation review for new emission units. The permitting authority may 
provide for an enhanced review of section 112(j) MACT determinations 
that provides for review procedures and compliance requirements 
equivalent to those set forth in paragraphs (b) through (h) of this 
section.
    (1) The permitting authority will notify the owner or operator in 
writing as to whether the application for a MACT determination is 
complete or whether additional information is required.

[[Page 393]]

    (2) The permitting authority will approve an applicant's proposed 
control technology, or the permitting authority will notify the owner or 
operator in writing of its intention to disapprove a control technology.
    (3) The owner or operator may present in writing, within a time 
frame specified by the permitting authority, additional information, 
considerations, or amendments to the application before the permitting 
authority's issuance of a final disapproval.
    (4) The permitting authority will issue a preliminary approval or 
issue a disapproval of the application, taking into account additional 
information received from the owner or operator.
    (5) A determination to disapprove any application will be in writing 
and will specify the grounds on which the disapproval is based.
    (6) Approval of an applicant's proposed control technology will be 
set forth in a Notice of MACT Approval (or the equivalent) as described 
in Sec. 63.52(c).
    (c) Opportunity for public comment on Notice of MACT Approval. The 
permitting authority will provide opportunity for public comment on the 
preliminary Notice of MACT Approval prior to issuance, including, at a 
minimum,
    (1) Availability for public inspection in at least one location in 
the area affected of the information submitted by the owner or operator 
and of the permitting authority's tentative determination;
    (2) A period for submittal of public comment of at least 30 days; 
and
    (3) A notice by prominent advertisement in the area affected of the 
location of the source information and analysis specified in 
Sec. 63.52(c). The form and content of the notice will be substantially 
equivalent to that found in Sec. 70.7 of this chapter.
    (4) An opportunity for a public hearing, if one is requested. The 
permitting authority will give at least 30 days notice in advance of any 
hearing.
    (d) Review by the EPA and Affected States. The permitting authority 
will send copies of the preliminary notice (in time for comment) and 
final notice required by paragraph (c) of this section to the 
Administrator through the appropriate Regional Office, and to all other 
State and local air pollution control agencies having jurisdiction in 
the region in which the new source would be located. The permitting 
authority will provide EPA with a review period for the final notice of 
at least 45 days, and will not issue a final Notice of MACT approval 
unless EPA objections are satisfied.
    (e) Effective date. The effective date for new sources under this 
subsection shall be the date a Notice of MACT Approval is issued to the 
owner or operator of a new emission unit.
    (f) Compliance date. New emission units shall comply with case-by-
case MACT upon issuance of a title V permit for the emission unit.
    (g) Compliance with MACT Determinations. An owner or operator of a 
major source that is subject to a MACT determination shall comply with 
notification, operation and maintenance, performance testing, 
monitoring, reporting, and recordkeeping requirements established under 
Sec. 63.52(e), under title V, and at the discretion of the permitting 
authority, under subpart A of this part. The permitting authority will 
provide the EPA with the opportunity to review compliance requirements 
for consistency with requirements established pursuant to title V during 
the review period under paragraph (d) of this section.
    (h) Equivalency under section 112(l). If a permitting authority 
requires preconstruction review for new source MACT determinations under 
this subpart, such requirement shall not necessitate a determination 
under subpart E of this part.



Sec. 63.55  Maximum achievable control technology (MACT) determinations for emission units subject to case-by-case determination of equivalent emission 
          limitations.

    (a) Requirements for emission units subject to case-by-case 
determination of equivalent emission limitations. The owner or operator 
of a major source submitting an application pursuant to Sec. 63.52 or 
Sec. 63.54 shall include elements specified in Sec. 63.53, taking into 
consideration the following requirements:
    (1) When the Administrator has proposed a relevant emission standard 
for the source category pursuant to section 112(d) or section 112(h) of 
the Act,

[[Page 394]]

then the control technologies recommended by the owner or operator under 
Sec. 63.53(b)(12), when applied to the emission points recommended by 
the applicant for control, shall be capable of achieving all emission 
limitations and requirements of the proposed standard unless the 
application contains information adequate to support a contention that:
    (i) Different emissions limitations represent the maximum achievable 
control technology emission limitations for the source category, or
    (ii) Requirements different from those proposed by EPA will be 
effective in ensuring that MACT emissions limitations are achieved.
    (2) When the Administrator or the permitting authority has issued 
guidance or distributed information establishing a MACT floor finding 
for the source category or subcategory by the section 112(j) deadline, 
then the recommended MACT emission limitations required by 
Sec. 63.53(b)(11) must be at least as stringent as the MACT floor, 
unless the application contains information adequately supporting an 
amendment to such MACT floor.
    (3)(i) When neither the Administrator nor the permitting authority 
has issued guidance or distributed information establishing a MACT floor 
finding and MACT determination for a source category or subcategory by 
the section 112(j) deadline, then the owner or operator shall submit an 
application for a permit or application for a Notice of MACT Approval, 
whichever is applicable, containing the elements required by 
Sec. 63.53(b) (1) through (9) and (14), by the section 112(j) deadline.
    (ii) The owner or operator may recommend a control technology that 
either achieves a level of control at least as stringent as the emission 
control that is achieved in practice by the best controlled similar 
source, or obtains at least the maximum reduction in emissions of 
hazardous air pollutants that is achievable considering costs, non air 
quality health and environmental impacts, and energy requirements.
    (4) The owner or operator may select a specific design, equipment, 
work practice, or operational standard, or combination thereof, when it 
is not feasible to prescribe or enforce an equivalent emission 
limitation due to the nature of the process or pollutant. It is not 
feasible to prescribe or enforce a limitation when the Administrator 
determines that a hazardous air pollutant (HAP) or HAPs cannot be 
emitted through a conveyance designed and constructed to capture such 
pollutant, or that any requirement for, or use of, such a conveyance 
would be inconsistent with any Federal, State, or local law, or the 
application of measurement methodology to a particular class of sources 
is not practicable due to technological and economic limitations.
    (b) Requirements for permitting authorities. The permitting 
authority will determine whether the permit application or application 
for a Notice of MACT Approval is approvable. If approvable, the 
permitting authority will establish hazardous air pollutant emissions 
limitations equivalent to the limitation that would apply if an emission 
standard had been issued in a timely manner under subsection 112 (d) or 
(h) of the Act. The permitting authority will establish these emissions 
limitations consistent with the following requirements and principles:
    (1) Emission limitations will be established for all emission units 
within a source category or subcategory for which the section 112(j) 
deadline has passed.
    (2) Each emission limitation for an existing emission unit will 
reflect the maximum degree of reduction in emissions of hazardous air 
pollutants (including a prohibition on such emission, where achievable) 
that the permitting authority, taking into consideration the cost of 
achieving such emission reduction and any non-air quality health and 
environmental impacts and energy requirements, determines is achievable 
by emission units in the category or subcategory for which the section 
112(j) deadline has passed. This limitation will not be less stringent 
than the MACT floor, and will be based upon available information and 
information generated by the permitting authority before or during the 
application review process, including information provided in public 
comments.
    (3) Each emission limitation for a new emission unit will not be 
less stringent than the emission limitation

[[Page 395]]

achieved in practice by the best controlled similar source, and must 
reflect the maximum degree of reduction in emissions of hazardous air 
pollutants (including a prohibition on such emissions, where achievable) 
that the permitting authority, taking into consideration the cost of 
achieving such emission reduction, and any non-air quality health and 
environmental impacts and energy requirements, determines is achievable. 
This limitation will be based at a minimum upon available information 
and information provided in public comments.
    (4) When the Administrator has proposed a relevant emissions 
standard for the source category pursuant to section 112(d) or section 
112(h) of the Act, then the equivalent emission limitation established 
by the permitting authority shall ensure that all emission limitations 
and requirements of the proposed standard are achieved, unless the 
permitting authority determines based on additional information that:
    (i) Different emissions limitations represent the maximum achievable 
control technology emission limitations for the source category; or
    (ii) Requirements different from those proposed by EPA will be 
effective in ensuring that MACT emissions limitations are achieved.
    (5) When the Administrator or the permitting authority has issued 
guidance or collected information establishing a MACT floor finding for 
the source category or subcategory, the equivalent emission limitation 
for an emission unit must be at least as stringent as that MACT floor 
finding unless, based on additional information, the permitting 
authority determines that the additional information adequately supports 
an amendment to the MACT floor. In that case, the equivalent emission 
limitation must be at least as stringent as the amended MACT floor.
    (6) The permitting authority will select a specific design, 
equipment, work practice, or operational standard, or combination 
thereof, when it is not feasible to prescribe or enforce an equivalent 
emission limitation due to the nature of the process or pollutant. It is 
not feasible to prescribe or enforce a limitation when the Administrator 
determines that a hazardous air pollutant (HAP) or HAPs cannot be 
emitted through a conveyance designed and constructed to capture such 
pollutant, or that any requirement for, or use of, such a conveyance 
would be inconsistent with any Federal, State, or local law, or the 
application of measurement methodology to a particular class of sources 
is not practicable due to technological and economic limitations.
    (7) Nothing in this subpart will prevent a State or local permitting 
authority from establishing an emission limitation more stringent than 
required by Federal regulations.
    (c) Reporting to National Data Base. The owner or operator shall 
submit additional copies of its application for a permit, permit 
modification, administrative amendment, or Notice of MACT Approval, 
whichever is applicable, to the EPA by the section 112(j) deadline for 
existing emission units, or by the date of the application for a permit 
or Notice of MACT Approval for new emission units.



Sec. 63.56  Requirements for case-by-case determination of equivalent emission limitations after promulgation of a subsequent MACT standard.

    (a) If the Administrator promulgates an emission standard that is 
applicable to one or more emission units within a major source before 
the date a permit application under this paragraph is approved, the 
permit shall contain the promulgated standard rather than the emission 
limitation determined under Sec. 63.52, and the owner or operator shall 
comply with the promulgated standard by the compliance date in the 
promulgated standard.
    (b) If the Administrator promulgates an emission standard under 
section 112 (d) or (h) of the Act that is applicable to a source after 
the date a permit is issued pursuant to Sec. 63.52 or Sec. 63.54, the 
permitting authority shall revise the permit upon its next renewal to 
reflect the promulgated standard. The permitting authority will 
establish a compliance date in the revised permit that assures that the 
owner or operator shall comply with the promulgated standard within a 
reasonable time, but not longer than 8 years after such standard is 
promulgated or 8 years after the date by which the owner or

[[Page 396]]

operator was first required to comply with the emission limitation 
established by permit, whichever is earlier.
    (c) Notwithstanding the requirements of paragraph (a) or (b) of this 
section, if the Administrator promulgates an emission standard that is 
applicable to a source after the date a permit application is approved 
under Sec. 63.52 or Sec. 63.54, the permitting authority is not required 
to change the emission limitation in the permit to reflect the 
promulgated standard if the level of control required by the emission 
limitation in the permit is at least as stringent as that required by 
the promulgated standard.



 Subpart C--List of Hazardous Air Pollutants, Petitions Process, Lesser 
               Quantity Designations, Source Category List



Sec. 63.60  Deletion of caprolactam from the list of hazardous air pollutants.

    The substance caprolactam (CAS number 105602) is deleted from the 
list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).

[61 FR 30823, June 18, 1996]
Secs. 63.61-63.69  [Reserved]



    Subpart D--Regulations Governing Compliance Extensions for Early 
                 Reductions of Hazardous Air Pollutants



Sec. 63.70  Applicability.

    The provisions of this subpart apply to an owner or operator of an 
existing source who wishes to obtain a compliance extension from a 
standard issued under section 112(d) of the Act. The provisions of this 
subpart also apply to a State or local agency acting pursuant to a 
permit program approved under title V of the Act. The Administrator will 
carry out the provisions of this subpart for any State that does not 
have an approved permit program.



Sec. 63.71  Definitions.

    All terms used in this subpart not defined in this section are given 
the same meaning as in the Act.
    Act means the Clean Air Act as amended.
    Actual emissions means the actual rate of emissions of a pollutant, 
but does not include excess emissions from a malfunction, or startups 
and shutdowns associated with a malfunction. Actual emissions shall be 
calculated using the source's actual operating rates, and types of 
materials processed, stored, or combusted during the selected time 
period.
    Artificially or substantially greater emissions means abnormally 
high emissions such as could be caused by equipment malfunctions, 
accidents, unusually high production or operating rates compared to 
historical rates, or other unusual circumstances.
    EPA conditional method means any method of sampling and analyzing 
for air pollutants that has been validated by the Administrator but that 
has not been published as an EPA Reference Method.
    EPA reference method means any method of sampling and analyzing for 
an air pollutant as described in appendix A of part 60 of this chapter, 
appendix B of part 61 of this chapter, or appendix A of part 63.
    Equipment leaks means leaks from pumps, compressors, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, agitators, accumulator vessels, and instrumentation 
systems in hazardous air pollutant service.
    Existing source means any source as defined in Sec. 63.72, the 
construction or reconstruction of which commenced prior to proposal of 
an applicable section 112(d) standard.
     Hazardous air pollutant (HAP) means any air pollutant listed 
pursuant to section 112(b) of the Act.
    High-risk pollutant means a hazardous air pollutant listed in Table 
1 of Sec. 63.74.
    Malfunction means any sudden failure of air pollution control 
equipment or process equipment or of a process to operate in a normal or 
usual manner. Failures that are caused entirely or in part by poor 
maintenance, careless operation, or any other preventable upset 
condition or preventable equipment breakdown shall not be considered 
malfunctions.
    Not feasible to prescribe or enforce a numerical emission limitation 
means a situation in which the Administrator or a

[[Page 397]]

State determines that a pollutant (or stream of pollutants) listed 
pursuant to section 112(b) of the Act cannot be emitted through a 
conveyance designed and constructed to emit or capture such pollutant, 
or that any requirement for, or use of, such a conveyance would be 
inconsistent with any Federal law; or the application of measurement 
technology to a particular source is not practicable due to 
technological or economic limitations.
    Permitting authority means either a State agency with an approved 
permitting program under Title V of the Act or the Administrator in 
cases where the State does not have an approved permitting program.
    Post-reduction year means the one year period beginning with the 
date early reductions have to be achieved to qualify for a compliance 
extension under subpart D of this part, unless a source has established 
with the permitting authority an earlier one year period as the post-
reduction year. For most sources, the post-reduction year would begin 
with the date of proposal of the first section 112(d) standard 
applicable to the early reductions source; however, for sources that 
have made enforceable commitments, it would be the year from January 1, 
1994, through December 31, 1994.
    Responsible official means one of the following:
    (1) For a corporation, a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy- or decision-making 
functions for the corporation; or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the permitting authority.
    (2) For a partnership or sole proprietorship, a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency, 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., Regional Administrators of EPA).
    Reviewing agency means a State agency with an approved permitting 
program under Title V of the Act. An EPA Regional Office is the 
reviewing agency where the State does not have such an approved 
permitting program.
    State means a State or local air pollution control agency.

[57 FR 61992, Dec. 29, 1992, as amended at 59 FR 59924, Nov. 21, 1994]



Sec. 63.72  General provisions for compliance extensions.

    (a) Except as provided in paragraph (f) of this section, a 
permitting authority acting pursuant to a permitting program approved 
under Title V of the Act shall by permit allow an existing source to 
meet an alternative emission limitation in lieu of an emission 
limitation promulgated under section 112(d) of the Act for a period of 6 
years from the compliance date of the otherwise applicable standard 
provided the source owner or operator demonstrates:
    (1) According to the requirements of Sec. 63.74 that the source has 
achieved a reduction of 90 percent (95 percent or more in the case of 
hazardous air pollutants which are particulates) in emissions of:
    (i) Total hazardous air pollutants from the source;
    (ii) Total hazardous air pollutants from the source as adjusted for 
high-risk pollutant weighting factors, if applicable.
    (2) That such reduction was achieved before proposal of an 
applicable standard or, for sources eligible to qualify for an 
alternative emission limitation as specified in paragraph (c) of this 
section, before January 1, 1994.
    (b) A source granted an alternative emission limitation shall comply 
with an applicable standard issued under section 112(d) of the Act 
immediately

[[Page 398]]

upon expiration of the six year compliance extension period specified in 
paragraph (a) of this section.
    (c) An existing source that achieves the reduction specified in 
paragraph (a)(1) of this section after proposal of an applicable section 
112(d) standard but before January 1, 1994, may qualify for an 
alternative emission limitation under paragraph (a) of this section if 
the source makes an enforceable commitment, prior to proposal of the 
applicable standard, to achieve such reduction. The enforceable 
commitment shall be made according to the procedures and requirements of 
Sec. 63.75.
    (d) For each permit issued to a source under paragraph (a) of this 
section, there shall be established as part of the permit an enforceable 
alternative emission limitation for hazardous air pollutants reflecting 
the reduction which qualified the source for the alternative emission 
limitation.
    (e) An alternative emission limitation shall not be available with 
respect to standards or requirements promulgated to provide an ample 
margin of safety to protect public health pursuant to section 112(f) of 
the Act, and the Administrator will, for the purpose of determining 
whether a standard under section 112(f) of the Act is necessary, review 
emissions from sources granted an alternative emission limitation under 
this subpart at the same time that other sources in the category or 
subcategory are reviewed.
    (f) Nothing in this subpart shall preclude a State from requiring 
hazardous air pollutant reductions in excess of 90 percent (95 percent 
in the case of particulate hazardous air pollutants) as a condition of 
such State granting an alternative emission limitation authorized in 
paragraph (a) of this section.



Sec. 63.73  Source.

    (a) An alternative emission limitation may be granted under this 
subpart to an existing source. For the purposes of this subpart only, a 
source is defined as follows:
    (1) A building structure, facility, or installation identified as a 
source by the EPA in appendix B of this part;
    (2) All portions of an entire contiguous plant site under common 
ownership or control that emit hazardous air pollutants;
    (3) Any portion of an entire contiguous plant site under common 
ownership or control that emits hazardous air pollutants and can be 
identified as a facility, building, structure, or installation for the 
purposes of establishing standards under section 112(d) of the Act; or
    (4) Any individual emission point or combination of emission points 
within a contiguous plant site under common control, provided that 
emission reduction from such point or aggregation of points constitutes 
a significant reduction of hazardous air pollutant emissions of the 
entire contiguous plant site.
    (b) For purposes of paragraph (a)(4) of this section, emissions 
reductions are considered significant if they are made from base year 
emissions of not less than:
    (1) A total of 10 tons per year of hazardous air pollutants where 
the total emissions of hazardous air pollutants in the base year from 
the entire contiguous plant site is greater than 25 tons per; or
    (2) A total of 5 tons per year of hazardous air pollutants where the 
total emissions of hazardous air pollutants in the base year from the 
entire contiguous plant site is less than or equal to 25 tons per year.



Sec. 63.74  Demonstration of early reduction.

    (a) An owner or operator applying for an alternative emission 
limitation shall demonstrate achieving early reductions as required by 
Sec. 63.72(a)(1) by following the procedures in this section.
    (b) An owner or operator shall establish the source for the purposes 
of this subpart by documenting the following information:
    (1) A description of the source including: a site plan of the entire 
contiguous plant site under common control which contains the source, 
markings on the site plan locating the parts of the site that constitute 
the source, and the activity at the source which causes hazardous air 
pollutant emissions;
    (2) A complete list of all emission points of hazardous air 
pollutants in

[[Page 399]]

the source, including identification numbers and short descriptive 
titles; and
    (3) A statement showing that the source conforms to one of the 
allowable definition options from Sec. 63.73. For a source conforming to 
the option in Sec. 63.73(a)(4), the total base year emissions from the 
source, as determined pursuant to this section, shall be demonstrated to 
be at least:
    (i) 5 tons per year, for cases in which total hazardous air 
pollutant emissions from the entire contiguous plant site under common 
control are 25 tons per year or less as calculated under paragraph (1) 
of this section; or
    (ii) 10 tons per year in all other cases.
    (c) An owner or operator shall establish base year emissions for the 
source by providing the following information:
    (1) The base year chosen, where the base year shall be 1987 or later 
except that the base year may be 1985 or 1986 if the owner or operator 
of the source can demonstrate that emission data for the source for 1985 
or 1986 was submitted to the Administrator pursuant to an information 
request issued under section 114 of the Act and was received by the 
Administrator prior to November 15, 1990;
    (2) The best available data accounting for actual emissions, during 
the base year, of all hazardous air pollutants from each emission point 
listed in the source in paragraph (b)(2) of this section;
    (3) The supporting basis for each emission number provided in 
paragraph (c)(2) of this section including:
    (i) For test results submitted as the supporting basis, a 
description of the test protocol followed, any problems encountered 
during the testing, and a discussion of the validity of the method for 
measuring the subject emissions; and
    (ii) For calculations based on emission factors, material balance, 
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and 
their bases, and a brief rationale for the validity of the calculation 
method used; and
    (4) Evidence that the emissions provided under paragraph (c)(2) of 
this section are not artificially or substantially greater than 
emissions in other years prior to implementation of emission reduction 
measures.
    (d) An owner or operator shall establish post-reduction emissions by 
providing the following information:
    (1) For the emission points listed in the source in paragraph (b)(2) 
of this section, a description of all control measures employed to 
achieve the emission reduction required by Sec. 63.72(a)(1);
    (2) The best available data accounting for actual emissions, during 
the year following the applicable emission reduction deadline as 
specified in Sec. 63.72(a)(2), of all hazardous air pollutants from each 
emission point in the source listed pursuant to paragraph (b)(2) of this 
section.
    (3) The supporting basis for each emission number provided in 
paragraph (d)(2) of this section including:
    (i) For test results submitted as the supporting basis, a 
description of the test protocol followed, any problems encountered 
during the testing, and a discussion of the validity of the method for 
measuring the subject emissions; and
    (ii) For calculations based on emission factors, material balance, 
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and 
their bases, and a brief rationale for the validity of the calculation 
method used;
    (4) [Reserved]
    (5) Evidence that there was no increase in radionuclide emissions 
from the source.
    (e)(1) An owner or operator shall demonstrate that both total base 
year emissions and total base year emissions adjusted for high-risk 
pollutants, as applicable, have been reduced by at least 90 percent for 
gaseous hazardous air pollutants emitted and 95 percent for particulate 
hazardous air pollutants emitted by determining the following for 
gaseous and particulate emissions separately:
    (i) Total base year emissions, calculated by summing all base year 
emission data from paragraph (c)(2) of this section;

[[Page 400]]

    (ii) Total post-reduction emissions, calculated by summing all post-
reduction emission data from paragraph (d)(2) of this section;
    (iii) (If applicable) Total base year emissions adjusted for high-
risk pollutants, calculated by multiplying each emission number for a 
pollutant from paragraph (c)(2) of this section by the appropriate 
weighting factor for the pollutant from Table 1 in paragraph (f) of this 
section and then summing all weighted emission data;
    (iv) (If applicable) Total post-reduction emissions adjusted for 
high-risk pollutants, calculated by multiplying each emission number for 
a pollutant from paragraph (d)(2) of this section by the appropriate 
weighting factor for the pollutant from Table 1 and then summing all 
weighted emission data; and
    (v) Percent reductions, calculated by dividing the difference 
between base year and post-reduction emissions by the base year 
emissions. Separate demonstrations are required for total gaseous and 
particulate emissions, and total gaseous and particulate emissions 
adjusted for high-risk pollutants.
    (2) If any points in the source emit both particulate and gaseous 
pollutants, as an alternative to the demonstration required in paragraph 
(e)(1) of this section, an owner or operator may demonstrate:
    (i) A weighted average percent reduction for all points emitting 
both particulate and gaseous pollutants where the weighted average 
percent reduction is determined by
[GRAPHIC] [TIFF OMITTED] TC01MY92.125


    where %W=the required weighted percent reduction
    Mg=the total mass rate (e.g., kg/yr) of all gaseous 
emissions
    Mp=the total mass rate of all particulate emissions 
and,
    (ii) The reductions required in paragraph (e)(1) of this section for 
all other points in the source.
    (f) If lower rates or hours are used to achieve all or part of the 
emission reduction, any hazardous air pollutant emissions that occur 
from a compensating increase in rates or hours from the same activity 
elsewhere within the plant site which contains the source shall be 
counted in the post-reduction emissions from the source. If emission 
reductions are achieved by shutting down process equipment and the 
shutdown equipment is restarted or replaced anywhere within the plant 
site, any hazardous air pollutant emissions from the restarted or 
replacement equipment shall be counted in the post-reduction emissions 
for the source.

                  Table 1--List of High-Risk Pollutants                 
------------------------------------------------------------------------
                                                               Weighting
           CAS No.                       Chemical               factor  
------------------------------------------------------------------------
53963.......................  2-Acetylaminofluorene.........         100
107028......................  Acrolein......................         100
79061.......................  Acrylamide....................          10
107131......................  Acrylonitrile.................          10
0...........................  Arsenic compounds.............         100
1332214.....................  Asbestos......................         100
71432.......................  Benzene.......................          10
92875.......................  Benzidine.....................        1000
0...........................  Beryllium compounds...........          10
542881......................  Bis(chloromethyl) ether.......        1000
106990......................  1,3-Butadiene.................          10
0...........................  Cadmium compounds.............          10
57749.......................  Chlordane.....................         100
532274......................  2-Chloroacetophenone..........         100
0...........................  Chromium compounds............         100
107302......................  Chloromethyl methyl ether.....          10
0...........................  Coke oven emissions...........          10
334883......................  Diazomethane..................          10
132649......................  Dibenzofuran..................          10
96128.......................  1,2-Dibromo-3-chloropropane...          10
111444......................  Dichloroethyl ether (Bis(2-             10
                               chloroethyl) ether).                     
79447.......................  Dimethylcarbamoyl chloride....         100
122667......................  1,2-Diphenylhydrazine.........          10
106934......................  Ethylene dibromide............          10
151564......................  Ethylenimine (Aziridine)......         100
75218.......................  Ethylene oxide................          10
76448.......................  Heptachlor....................         100
118741......................  Hexachlorobenezene............         100
77474.......................  Hexachlorocyclopentadiene.....          10
302012......................  Hydrazine.....................         100
0...........................  Manganese compounds...........          10
0...........................  Mercury compounds.............         100
60344.......................  Methyl hydrazine..............          10
624839......................  Methyl isocyanate.............          10
0...........................  Nickel compounds..............          10
62759.......................  N-Nitrosodimethylamine........         100
684935......................  N-Nitroso-N-methylurea........        1000
56382.......................  Parathion.....................          10
75445.......................  Phosgene......................          10
7803512.....................  Phosphine.....................          10
7723140.....................  Phosphorus....................          10
75558.......................  1,2-Propylenimine.............         100
1746016.....................  2,3,7,8-Tetrachlorodibenzo-p-      100,000
                               dioxin.                                  
8001352.....................  Toxaphene (chlorinated                 100
                               camphene).                               
75014.......................  Vinyl chloride................          10
------------------------------------------------------------------------



[[Page 401]]

    (g) The best available data representing actual emissions for the 
purpose of establishing base year or post-reduction emissions under this 
section shall consist of documented results from source tests using an 
EPA Reference Method, EPA Conditional Method, or the owner's or 
operator's source test method which has been validated pursuant to 
Method 301 of appendix A of this part. However, if one of the following 
conditions exists, an owner or operator may submit, in lieu of results 
from source tests, calculations based on engineering principles, 
emission factors, or material balance data as actual emission data for 
establishing base year or post-reduction emissions:
    (1) No applicable EPA Reference Method, EPA Conditional Method, or 
other source test method exists;
    (2) It is not technologically or economically feasible to perform 
source tests;
    (3) It can be demonstrated to the satisfaction of the reviewing 
agency that the calculations will provide emission estimates of accuracy 
comparable to that of any applicable source test method;
    (4) For base year emission estimates only, the base year conditions 
no longer exist at an emission point in the source and emission data 
could not be produced for such an emission point, by performing source 
tests under currently existing conditions and converting the test 
results to reflect base year conditions, that is more accurate than an 
estimate produced by using engineering principles, emission factors, or 
a material balance; or
    (5) The emissions from one or a set of emission points in the source 
are small compared to total source emissions and potential errors in 
establishing emissions from such points will not have a significant 
effect on the accuracy of total emissions established for the source.
    (h) For base year or post-reduction emissions established under this 
section that are not supported by source test data, the source owner or 
operator shall include the reason source testing was not performed.
    (i) [Reserved]
    (j) The EPA average emission factors for equipment leaks cannot be 
used under this subpart to establish base year emissions for equipment 
leak sources, unless the base year emission number calculated using the 
EPA average emission factors for equipment leaks also is used as the 
post-reduction emission number for equipment leaks from the source.
    (k) A source owner or operator shall not establish base year or 
post-reduction emissions that include any emissions from the source 
exceeding allowable emission levels specified in any applicable law, 
regulation, or permit condition.
    (l) For sources subject to paragraph (b)(3)(i) of this section, an 
owner or operator shall document total base year emissions from an 
entire contiguous plant site under common control by providing the 
information required pursuant to paragraphs (b)(2), (c)(2), and 
(e)(1)(i) of this section for all hazardous air pollutants from all 
emission points in the contiguous plant site under common control.
    (m) If a new pollutant is added to the list of hazardous air 
pollutants or high-risk pollutants, any source emitting such pollutant 
will not be required to revise an early reduction demonstration pursuant 
to this section if:
    (1) Alternative emission limits have previously been specified by 
permit for the source as provided for in Sec. 63.72(a); or
    (2) The base year emissions submitted in an enforceable commitment 
have previously been approved by the reviewing agency.

[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 62543, Nov. 29, 1993; 
59 FR 53110, Oct. 21, 1994]



Sec. 63.75  Enforceable commitments.

    (a) To make an enforceable commitment an owner or operator shall 
submit a commitment to achieve the early reductions required under 
Sec. 63.72(a)(1) to the appropriate EPA Regional Office and a copy of 
the commitment to the appropriate State, except that the commitment 
shall be submitted to the State and a copy to the EPA Regional Office if 
the State has an approved permitting program under Title V of the Act. A 
copy shall also be submitted to both the EPA Stationary Source 
Compliance Division (EN-341W), 401 M

[[Page 402]]

Street, SW., Washington, DC 20460 and the EPA Emission Standards 
Division (MD-13), Research Triangle Park, NC 27711; attention both to 
the Early Reductions Officer. The commitment shall contain:
    (1) The name and address of the source;
    (2) The name and telephone number of the source owner or operator or 
other responsible official who can be contacted concerning the 
commitment;
    (3) An alternative mailing address if correspondence is to be 
directed to a location other than that given in paragraph (a)(1) of this 
section;
    (4) All information specified in Sec. 63.74(b), (c) and (e)(1)(i), 
which defines and describes the source and establishes the base year 
hazardous air pollutant emissions from the source;
    (5) The general plan for achieving the required hazardous air 
pollutant emissions reductions at the source including descriptions of 
emission control equipment to be employed, process changes or 
modifications to be made, and any other emission reduction measures to 
be used; and
    (6) A statement of commitment, signed by a responsible official of 
the source, containing the following:
    (i) A statement providing the post-reduction emission levels for 
total hazardous air pollutants and high-risk pollutants, as applicable, 
from the source on an annual basis which reflect a 90 percent (95 
percent for particulate pollutants) reduction from base year emissions;
    (ii) A statement certifying that the base year emission data 
submitted as part of the enforceable commitment constitute the best 
available data for base year emissions from the source, are correct to 
the best of the responsible official's knowledge, and are within 
allowable levels specified in any applicable law, regulation, or permit;
    (iii) A statement that it is understood by the source owner or 
operator that submission of base year emissions constitutes a response 
to an EPA request under the authority of section 114 of the Act and that 
the commitment is subject to enforcement according to Sec. 63.80; and
    (iv) A statement committing the source owner or operator to 
achieving the emission levels, listed in paragraph (a)(6), (i) of this 
section, at the source before January 1, 1994.
    (b) The following language may be used to satisfy the requirements 
of paragraphs (a)(6)(ii) through (a)(6)(iv) of this section:

    I certify to the best of my knowledge that the base year emissions 
given above are correct and constitute the best available data for base 
year emissions from the source, and acknowledge that these estimates are 
being submitted in response to an EPA request under section 114 of the 
Act. I further certify that the base year emissions provided for all 
emission points in the source do not exceed allowable emission levels 
specified in any applicable law, regulation, or permit condition. I 
commit to achieve before January 1, 1994, the stated post-reduction 
emission level(s) at the source, which will provide the 90 (95) percent 
reduction required to qualify for the compliance extension, and 
acknowledge that this commitment is enforceable as specified in title 
40, part 63, subpart D, of the Code of Federal Regulations.

    (c) A commitment for a source shall be submitted prior to proposal 
of an applicable standard issued under section 112(d) of the Act. 
Commitments received after the proposal date shall be void.
    (d) If test results for one or more emission points in a source are 
required to support base year emissions in an enforceable commitment but 
are not available prior to proposal of an applicable standard issued 
under section 112(d) of the Act, the test results may be submitted after 
the enforceable commitment is made but no later than 180 days after 
proposal of an applicable standard. In such cases, the enforceable 
commitment shall contain the best substitute emission data for the 
points in the source for which test results will be submitted later.
    (e) An owner or operator may rescind such a commitment prior to 
December 1, 1993 without penalty and forfeit the opportunity to obtain a 
six year compliance extension under this subpart.
    (f) An enforceable commitment submitted under this section shall not 
be in effect and enforceable until the base year emissions contained in 
the commitment have been approved according to the procedures in 
Sec. 63.76. An owner or operator is under no obligation to continue to 
seek approval of commitments

[[Page 403]]

that have not been approved by December 1, 1993.
    (g) The control measure information required under Sec. 63.74(d)(1) 
as part of post-reduction emission documentation and submitted in a 
permit application according to the provisions of Sec. 63.77 shall 
become part of an existing enforceable commitment upon receipt of the 
permit application by the permitting authority. An owner or operator 
shall notify the permitting authority of any change made to the source 
during calendar year 1994 which affects such control measure information 
and shall mail the notice within 5 days (postmark date) of making the 
change. The notice shall be considered an amendment to the source's 
enforceable commitment.

[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 34370, June 25, 1993; 
58 FR 62543, Nov. 29, 1993; 59 FR 59924, Nov. 21, 1994]



Sec. 63.76  Review of base year emissions.

    (a) Pursuant to the procedures of this section, the appropriate 
reviewing agency shall review and approve or disapprove base year 
emission data submitted in an enforceable commitment under Sec. 63.75 or 
in a request letter from an applicant that wishes to participate in the 
early reduction program but who is not required to submit an enforceable 
commitment. For review requests submitted to a State agency as the 
appropriate reviewing agency, a copy of the request also shall be 
submitted to the applicable EPA Regional Office. For review requests 
submitted to the EPA Regional Office as the appropriate reviewing 
agency, a copy of the request also shall be sent to the applicable State 
agency. Copies also shall be submitted to the EPA Stationary Source 
Compliance Division (EN-341W), 401 M Street, SW., Washington, DC 20460 
and the EPA Emission Standards Division (MD-13), Research Triangle Park, 
NC 27711; to the attention of the Early Reductions Officer.
    (b) Within 30 days of receipt of an enforceable commitment or base 
year emission data, the reviewing agency shall advise the applicant 
that:
    (1) The base year emission data are complete as submitted; or
    (2) The base year emission data are not complete and include a list 
of deficiencies that must be corrected before review can proceed.
    (c) EPA will publish a notice in the Federal Register which contains 
a list, accumulated for the previous month, of the sources for which 
complete base year emission data have been submitted and which are 
undergoing review either in the EPA Regional Office or a State agency 
within the EPA region. The notice will contain the name and location of 
each source and a contract in the EPA Regional Office for additional 
information.
    (d) Within 60 days of a determination that a base year emission data 
submission is complete, the reviewing agency shall evaluate the adequacy 
of the submission with respect to the requirements of Sec. 63.74 (b) and 
(c) and either:
    (1) Determine to approve the submission and publish a notice in a 
newspaper of general circulation in the area where the source is located 
or in a State publication designed to give general public notice, 
providing the aggregate base year emission data for the source and the 
rationale for the proposed approval, noting the availability of the 
nonconfidential information contained in the submission for public 
inspection in at least one location in the community in which the source 
is located, providing for a public hearing upon request by an interested 
party, and establishing a 30 day public comment period that can be 
extended to 60 days upon request by an interested party; or
    (2) Determine to disapprove the base year emission data and give 
notice to the applicant of the reasons for the disapproval. An applicant 
may correct disapproved base year data and submit revised data for 
review in accordance with this subsection, except that the review of a 
revision shall be accomplished within 30 days.
    (e) If no adverse public comments are received by the reviewing 
agency on proposed base year data for a source, the data shall be 
considered approved at the close of the public comment period and a 
notice of the approval shall be sent to the applicant and published by 
the reviewing agency by advertisement in the area affected.

[[Page 404]]

    (f) If adverse comments are received and the reviewing agency agrees 
that corrections are needed, the reviewing agency shall give notice to 
the applicant of the disapproval and reasons for the disapproval. An 
applicant may correct disapproved base year emission data and submit 
revised emission data. If a revision is submitted by the applicant that, 
to the satisfaction of the reviewing agency, takes into account the 
adverse comments, the reviewing agency will publish by advertisement in 
the area affected a notice containing the approved base year emission 
data for the source and send notice of the approval to the applicant.
    (g) If adverse comments are received and the reviewing agency 
determines that the comments do not warrant changes to the base year 
emission data, the reviewing agency will publish by advertisement in the 
area affected a notice containing the approved base year emission data 
for the source and the reasons for not accepting the adverse comments. A 
notice of the approval also shall be sent to the applicant.
    (h) If an applicant submits revised emission data under paragraph 
(d)(2) or (f) of this section for a source subject to an enforceable 
commitment, the applicant also shall submit an amended enforceable 
commitment which takes into account the revised base year emissions.
    (i) If revised base year emission data are not submitted or notice 
of intent to submit revised data is not provided to the permitting 
authority by an applicant within 90 days of receiving adverse comments 
or a notice of disapproved base year emission data for a source that is 
subject to an enforceable commitment, the enforceable commitment shall 
be considered withdrawn and a notice to that effect shall be sent by the 
reviewing agency to the applicant.



Sec. 63.77  Application procedures.

    (a) To apply for an alternative emission limitation under 
Sec. 63.72, an owner or operator of the source shall file a permit 
application with the appropriate permitting authority.
    (b) Except as provided in paragraph (e) of this section, the permit 
application shall contain the information required by Sec. 63.74, as 
applicable, and the additional information required for a complete 
permit application as specified by the applicable permit program 
established pursuant to title V of the Act.
    (c) Permit applications under this section for sources not subject 
to enforceable commitments shall be submitted by the later of the 
following dates:
    (1) 120 days after proposal of an otherwise applicable standard 
issued under section 112(d) of the Act; or
    (2) 120 days after the date an applicable permit program is approved 
or established pursuant to title V of the Act.
    (d) Permit applications for sources subject to enforceable 
commitments pursuant to Sec. 63.75 shall be submitted no later than 
April 30, 1994.
    (e) If the post-reduction year does not end at least one month 
before the permit application deadline under paragraph (c) of this 
section, the source may file the post-reduction emissions information 
required under Sec. 63.74(d)(2), (d)(3), and (d)(5) later as a 
supplement to the original permit application. In such cases, this 
supplemental information shall be submitted to the permitting authority 
no later than one month after the end of the post-reduction year.
    (f) If a source test will be the supporting basis for establishing 
post-reduction emissions for one or more emissions units in the early 
reductions source, the test results shall be submitted by the applicable 
deadline for submittal of a permit application as specified in paragraph 
(c) or (d) of this section.
    (g) Review and disposition of permit applications submitted under 
this section will be accomplished according to the provisions of the 
applicable permit program established pursuant to title V of the Act.

[58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994]



Sec. 63.78  Early reduction demonstration evaluation.

    (a) The permitting authority will evaluate an early reduction 
demonstration submitted by the source owner or

[[Page 405]]

operator in a permit application with respect to the requirements of 
Sec. 63.74.
    (b) An application for a compliance extension may be denied if, in 
the judgement of the permitting authority, the owner or operator has 
failed to demonstrate that the requirements of Sec. 63.74 have been met. 
Specific reasons for denial include, but are not limited to:
    (1) The information supplied by the owner or operator is incomplete;
    (2) The required 90 percent reduction (95 percent in cases where the 
hazardous air pollutant is particulate matter) has not been 
demonstrated;
    (3) The base year or post-reduction emissions are incorrect, based 
on methods or assumptions that are not valid, or not sufficiently 
reliable or well documented to determine with reasonable certainty that 
required reductions have been achieved; or
    (4) The emission of hazardous air pollutants or the performance of 
emission control measures is unreliable so as to preclude determination 
that the required reductions have been achieved or will continue to be 
achieved during the extension period.



Sec. 63.79  Approval of applications.

    (a) If an early reduction demonstration is approved and other 
requirements for a complete permit application are met, the permitting 
authority shall establish by a permit issued pursuant to title V of the 
Act enforceable alternative emissions limitations for the source 
reflecting the reduction which qualified the source for the extension. 
However, if it is not feasible to prescribe a numerical emissions 
limitation for one or more emission points in the source, the permitting 
authority shall establish such other requirements, reflecting the 
reduction which qualified the source for an extension, in order to 
assure the source achieves the 90 percent or 95 percent reduction, as 
applicable.
    (b) An alternative emissions limitation or other requirement 
prescribed pursuant to paragraph (a) of this section shall be effective 
and enforceable immediately upon issuance of the permit for the source 
and shall expire exactly six years after the compliance date of an 
otherwise applicable standard issued pursuant to section 112(d) of the 
Act.



Sec. 63.80  Enforcement.

    (a) All base year or post-reduction emissions information described 
in Sec. 63.74 and required to be submitted as part of a permit 
application under Sec. 63.77 or an enforceable commitment under 
Sec. 63.75 shall be considered to have been requested by the 
Administrator under the authority of section 114 of the Act.
    (b) Fraudulent statements contained in any base year or post-
reduction emissions submitted to a State or EPA Regional Office under 
this subpart shall be considered violations of section 114 of the Act 
and of this subpart and, thus, actionable under section 113 of the Act 
and can be considered, in appropriate cases, violations of 18 U.S.C. 
1001, the general false swearing provision of the United States Code.
    (c) If a source subject to an enforceable commitment fails to 
achieve reductions before January 1, 1994, sufficient to qualify the 
source for an extension under this subpart, the source shall be 
considered to be in violation of the commitment and shall be subject to 
enforcement action under section 113 of the Act.
    (d) If an early reduction demonstration in a permit application 
filed under Sec. 63.77 is disapproved for a source not subject to an 
enforceable commitment, the owner or operator shall comply with an 
applicable standard issued under section 112(d) of the Act by the 
compliance date specified in such standard.
    (e) If an early reduction demonstration in a permit application 
filed under Sec. 63.77 is disapproved for a source that is subject to an 
enforceable commitment, the owner or operator shall comply with an 
applicable standard issued under section 112(d) of the Act by the 
compliance date specified in such standard and will be subject to 
enforcement action under section 113 of the Act.
    (f) A violation of an alternative emission limitation or other 
requirement established by permit under Sec. 63.79 (a) or (b) for the 
source is enforceable pursuant to the authority of section 113 of

[[Page 406]]

the Act notwithstanding any demonstration of continuing 90 percent (95 
percent for hazardous air pollutants which are particulates) emission 
reduction over the entire source.



Sec. 63.81  Rules for special situations.

    (a) If more than one standard issued under section 112(d) of the Act 
would be applicable to a source as defined under Sec. 63.73, then the 
date of proposal referred to in Secs. 63.72(a)(2), 63.72(c), 
63.74(d)(4), 63.75(c), and 63.77(c) is the date the first applicable 
standard is proposed.
    (b) Sources emitting radionuclides are not required to reduce 
radionuclides by 90 (95) percent. Radionuclides may not be increased 
from the source as a result of the early reductions demonstration.



    Subpart E--Approval of State Programs and Delegation of Federal 
                               Authorities

    Source: 58 FR 62283, Nov. 26, 1993, unless otherwise noted.



Sec. 63.90  Program overview.

    The regulations in this subpart establish procedures consistent with 
section 112(l) of the Clean Air Act (Act) (42 U.S.C. 7401-7671q). This 
subpart establishes procedures for the approval of State rules or 
programs to be implemented and enforced in place of certain otherwise 
applicable section 112 Federal rules, emission standards or requirements 
(including section 112 rules promulgated under the authority of the Act 
prior to the 1990 Amendments to the Act). Authority to implement and 
enforce section 112 Federal rules as promulgated without changes may be 
delegated under procedures established in this subpart. This subpart 
also establishes procedures for the review and withdrawal of section 112 
implementation and enforcement authorities delegated through this 
subpart.
    (a) Definitions. The following definitions apply to this subpart.
    Applicability criteria means the regulatory criteria used to define 
all emission points within all affected sources subject to a specific 
section 112 rule.
    Approval means a determination by the Administrator that a State 
rule or program meets the criteria of Sec. 63.91 and the additional 
criteria of either Sec. 63.92, Sec. 63.93 or Sec. 63.94, where 
appropriate. For accidental release prevention programs, the criteria of 
Sec. 63.95 must also be met.
    Compliance and enforcement measures means requirements within a rule 
or program relating to compliance and enforcement, including but not 
necessarily limited to monitoring, test methods and procedures, 
recordkeeping, reporting, compliance certification, inspection, entry, 
sampling or accidental release prevention oversight.
    Level of control means the degree to which a rule or program 
requires a source to limit emissions or to employ design, equipment, 
work practice, operational, accident prevention or other requirements or 
techniques (including a prohibition of emissions) for:
    (1)(i) Each hazardous air pollutant, if individual pollutants are 
subject to emission limitations, and
    (ii) The aggregate total of hazardous air pollutants, if the 
aggregate grouping is subject to emission limitations, provided that the 
rule or program would not lead to an increase in risk to human health or 
the environment; and
    (2) Each substance regulated under section 112(r).
    Local agency means a local air pollution control agency or, for the 
purposes of Sec. 63.95, any local agency or entity having responsibility 
for preventing accidental releases which may occur at a source regulated 
under section 112(r).
    Program means, for the purposes of an approval under Sec. 63.94, a 
collection of State statutes, rules or other requirements which limits 
or will limit the emissions of hazardous air pollutants from affected 
sources.
    Stringent or stringency means the degree of rigor, strictness or 
severity a statute, rule, emission standard or requirement imposes on an 
affected source as measured by the quantity of emissions, or as measured 
by parameters relating to rule applicability and level of control, or as 
otherwise determined by the Administrator.
    (b) Local agency coordination with state and territorial agencies. 
Local agencies submitting a rule or program for

[[Page 407]]

approval under this subpart shall consult with the relevant State or 
Territorial agency prior to making a request for approval to the 
Administrator. A State or Territorial agency may submit requests for 
approval on behalf of a local agency after consulting with that local 
agency.
    (c) Authorities retained by the Administrator. (1) The following 
authorities will be retained by the Administrator and will not be 
delegated:
    (i) The authority to add or delete pollutants from the list of 
hazardous air pollutants established under section 112(b);
    (ii) The authority to add or delete substances from the list of 
substances established under section 112(r);
    (iii) The authority to delete source categories from the Federal 
source category list established under section 112(c)(1) or to 
subcategorize categories on the Federal source category list after 
proposal of a relevant emission standard;
    (iv) The authority to revise the source category schedule 
established under section 112(e) by moving a source category to a later 
date for promulgation; and
    (v) Any other authorities determined to be nondelegable by the 
Administrator.
    (2) Nothing in this subpart shall prohibit the Administrator from 
enforcing any applicable rule, emission standard or requirement 
established under section 112.
    (3) Nothing in this subpart shall affect the authorities and 
obligations of the Administrator or the State under title V of the Act 
or under regulations promulgated pursuant to that title.
    (d) Federally-enforceable requirements. All rules and requirements 
approved under this subpart and all resulting part 70 operating permit 
conditions are enforceable by the Administrator and citizens under the 
Act.
    (e) Standards not subject to modification or substitution. With 
respect to radionuclide emissions from licensees of the Nuclear 
Regulatory Commission or licensees of Nuclear Regulatory Commission 
Agreement States which are subject to 40 CFR part 61, subpart I, T, or 
W, a State may request that the EPA approve delegation of implementation 
and enforcement of the Federal standard pursuant to Sec. 63.91, but no 
changes or modifications in the form or content of the standard will be 
approved pursuant to Sec. 63.92, Sec. 63.93, or Sec. 63.94.



Sec. 63.91  Criteria common to all approval options.

    (a) Approval process. To obtain approval under this subpart of a 
rule or program that is different from the Federal rule, the criteria of 
this section and the criteria of either Sec. 63.92, Sec. 63.93 or 
Sec. 63.94 must be met. For approval of State programs to implement and 
enforce Federal section 112 rules as promulgated without changes (except 
for accidental release programs), only the criteria of this section must 
be met. For approval of State rules or programs to implement and enforce 
the Federal accidental release prevention program as promulgated without 
changes, the requirements of this section and Sec. 63.95 must be met. In 
the case of accidental release prevention programs which differ from the 
Federal accidental release prevention program, the requirements of this 
section, Sec. 63.95, and either Sec. 63.92 or Sec. 63.93 must be met. 
For a State's initial request for approval, and except as otherwise 
specified under Sec. 63.92, Sec. 63.93, or Sec. 63.94 for a State's 
subsequent requests for approval, the approval process will be the 
following.
    (1) Upon receipt of a request for approval, the EPA will review the 
request for approval and notify the State within 30 days of receipt 
whether the request for approval is complete according to the criteria 
in this subpart. If a request for approval is found to be incomplete, 
the Administrator will so notify the State and will specify the 
deficient elements of the State's request.
    (2) Within 45 days after receipt of a complete request for approval, 
the Administrator will seek public comment for a minimum of 30 days on 
the State request for approval. The Administrator will require that 
comments be submitted concurrently to the State.
    (3) If, after review of public comments and any State responses to 
comments submitted to the Administrator within 30 days of the close of 
the public comment period, the Administrator

[[Page 408]]

finds that the criteria of this section are met, the State rule or 
program will be approved by the Administrator under this section, 
published in the Federal Register, and incorporated directly or by 
reference, in the appropriate subpart of part 63. Authorities approved 
under Sec. 63.95 will be incorporated pursuant to requirements under 
section 112(r).
    (4) Within 180 days of receiving a complete request for approval, 
the Administrator will either approve or disapprove the State rule or 
program.
    (5) If the Administrator finds that; any of the criteria of this 
section are not met, or any of the criteria of either Sec. 63.92, 
Sec. 63.93 or Sec. 63.94 under which the request for approval was made 
are not met, the Administrator will disapprove the State rule or 
program. If a State rule or program is disapproved, the Administrator 
will notify the State of any revisions or additions necessary to obtain 
approval. Any resubmittal by a State of a request for approval will be 
considered a new request under this subpart.
    (6) If the Administrator finds that; all of the criteria of this 
section are met; and all of the criteria of either Sec. 63.92, 
Sec. 63.93 or Sec. 63.94 are met, the Administrator will approve the 
State rule or program and thereby delegate authority to implement and 
enforce the approved rule or program in lieu of the otherwise applicable 
Federal rules, emission standards or requirements. The approved State 
rule or program shall be Federally enforceable from the date of 
publication of approval. When a State rule or program is approved by the 
Administrator under this subpart, applicable part 70 permits shall be 
revised according to the provisions of Sec. 70.7(f) of this chapter. 
Operating permit conditions resulting from any otherwise applicable 
Federal section 112 rules, emission standards or requirements will not 
be expressed in the State's part 70 permits or otherwise implemented or 
enforced by the State or by the EPA unless and until authority to 
enforce the approved State rule or program is withdrawn from the State 
under Sec. 63.96. In the event approval is withdrawn under Sec. 63.96, 
all otherwise applicable Federal rules and requirements shall be 
enforceable in accordance with the compliance schedule established in 
the withdrawal notice and relevant part 70 permits shall be revised 
according to the provisions of Sec. 70.7(f) of this chapter.
    (b) Criteria for approval. Any request for approval under this 
subpart shall meet all section 112(l) approval criteria specified by the 
otherwise applicable Federal rule, emission standard or requirements and 
all of the approval criteria of this section. The State shall provide 
the Administrator with the following.
    (1) A written finding by the State Attorney General (or for a local 
agency, the General Counsel with full authority to represent the local 
agency) that the State has the necessary legal authority to implement 
and to enforce the State rule or program upon approval and to assure 
compliance by all sources within the State with each applicable section 
112 rule, emission standard or requirement. At a minimum, the State must 
have the following legal authorities concerning enforcement:
    (i) The State shall have enforcement authorities that meet the 
requirements of Sec. 70.11 of this chapter.
    (ii) The State shall have authority to request information from 
regulated sources regarding their compliance status.
    (iii) The State shall have authority to inspect sources and any 
records required to determine a source's compliance status.
    (iv) If a State delegates authorities to a local agency, the State 
must retain enforcement authority unless the local agency has 
authorities that meet the requirements of Sec. 70.11 of this chapter.
    (2) A copy of State statutes, regulations and other requirements 
that contain the appropriate provisions granting authority to implement 
and enforce the State rule or program upon approval.
    (3) A demonstration that the State has adequate resources to 
implement and enforce all aspects of the rule or program upon approval, 
which includes:
    (i) A description in narrative form of the scope, structure, 
coverage and processes of the State program;

[[Page 409]]

    (ii) A description of the organization and structure of the agency 
or agencies that will have responsibility for administering the program; 
and
    (iii) A description of the agency staff who will carry out the State 
program, including the number, occupation, and general duties of the 
employees.
    (4) A schedule demonstrating expeditious State implementation of the 
rule or program upon approval.
    (5) A plan that assures expeditious compliance by all sources 
subject to the rule or program upon approval. The plan should include at 
a minimum a complete description of the State's compliance tracking and 
enforcement program, including but not limited to inspection strategies.
    (6) A demonstration of adequate legal authority to assure compliance 
with the rule or program upon approval. At a minimum, the State must 
have the following legal authorities concerning enforcement:
    (i) The State shall have enforcement authorities that meet the 
requirements of Sec. 70.11 of this chapter.
    (ii) If a State delegates authorities to a local agency, the State 
must retain enforcement authority unless the local agency has 
authorities that meet the requirements of Sec. 70.11 of this chapter.
    (c) Revisions. Within 90 days of any State amendment, repeal or 
revision of any State rule, program, or other authorities supporting an 
approval under this subpart, a State must provide the Administrator with 
a copy of the revised authorities and meet the requirements of either 
paragraph (c) (1) or (2) of this section.
    (1)(i) The State shall provide the Administrator with a written 
finding by the State Attorney General (or for a local agency, the 
General Counsel with full authority to represent the local agency) that 
the State's revised legal authorities are adequate to continue to 
implement and to enforce all previously approved State rules and the 
approved State program (as applicable) and adequate to continue to 
assure compliance by all sources within the State with approved rules, 
the approved program (as applicable) and each applicable section 112 
rule, emission standard or requirement.
    (ii) If the Administrator determines that the written finding is not 
adequate, the State shall request approval of the revised rule or 
program according to the provisions of paragraph (c)(2) of this section.
    (2) The State shall request approval under this subpart of a revised 
rule or program.
    (i) If the Administrator approves the revised rule or program, the 
revised rule or program will replace a rule or program previously 
approved.
    (ii) If the Administrator disapproves the revised rule or program, 
the Administrator will initiate procedures under Sec. 63.96 to withdraw 
approval of any previously approved rule or program that may be affected 
by the revised authorities.
    (iii) Until such time as the Administrator approves or withdraws 
approval of a revised rule or program, the previously approved rule or 
program remains Federally enforceable.



Sec. 63.92  Approval of a State rule that adjusts a section 112 rule.

    Under this section a State may seek approval of a State rule with 
specific adjustments to a Federal section 112 rule.
    (a) Approval process. (1) If the Administrator finds that the 
criteria of this section and the criteria of Sec. 63.91 are met, the 
State rule will be approved by the Administrator, published in the 
Federal Register and incorporated, directly or by reference, in the 
appropriate subpart of this part 63, without additional notice and 
opportunity for comment. Rules approved under Sec. 63.95 will be 
incorporated pursuant to requirements under section 112(r).
    (2) If the Administrator finds that any one of the State adjustments 
to the Federal rule is in any way ambiguous with respect to the 
stringency of applicability, the stringency of the level of control, or 
the stringency of the compliance and enforcement measures for any 
affected source or emission point, the Administrator will disapprove the 
State rule.
    (3) Within 90 days of receiving a complete request for approval 
under this section, the Administrator will either approve or disapprove 
the State rule.

[[Page 410]]

    (b) Criteria for approval. Any request for approval under this 
section shall meet all of the criteria of this section and Sec. 63.91 
before approval. The State shall provide the Administrator with:
    (1) A demonstration that the public within the State has had 
adequate notice and opportunity to submit written comment on the State 
rule; and
    (2) A demonstration that each State adjustment to the Federal rule 
individually results in requirements that:
    (i) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to applicability;
    (ii) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to level of control for each 
affected source and emission point;
    (iii) Are unequivocally no less stringent than the otherwise 
applicable Federal rule with respect to compliance and enforcement 
measures for each affected source and emission point; and
    (iv) Assure compliance by every affected source no later than would 
be required by the otherwise applicable Federal rule.
    (3) State adjustments to Federal section 112 rules which may be part 
of an approved rule under this section are:
    (i) Lowering a required emission rate or de minimis level;
    (ii) Adding a design, work practice, operational standard, emission 
rate or other such requirement;
    (iii) Increasing a required control efficiency;
    (iv) Increasing the frequency of required reporting, testing, 
sampling or monitoring;
    (v) Adding to the amount of information required for records or 
reports;
    (vi) Decreasing the amount of time to come into compliance;
    (vii) Subjecting additional emission points or sources within a 
source category to control requirements; and
    (viii) Any adjustments allowed in a specific section 112 rule.



Sec. 63.93  Approval of State authorities that substitute for a section 112 rule.

    Under this section a State may seek approval of State authorities 
which differ in form from a Federal section 112 rule for which they 
would substitute, such that the State authorities do not qualify for 
approval under Sec. 63.92.
    (a) Approval process. (1) Within 45 days after receipt of a complete 
request for approval under this section, the Administrator will seek 
public comment for a minimum of 30 days on the State request for 
approval. The Administrator will require that comments be submitted 
concurrently to the State.
    (2) If, after review of public comments and any State responses to 
comments submitted to the Administrator within 30 days of the close of 
the public comment period, the Administrator finds that the criteria of 
this section and the criteria of Sec. 63.91 are met, the State 
authorities will be approved by the Administrator under this section and 
the approved authorities will be published in the Federal Register and 
incorporated directly or by reference, in the appropriate subpart of 
part 63. Authorities approved under Sec. 63.95 will be incorporated 
pursuant to requirements under section 112(r).
    (3) If the Administrator finds that any of the requirements of this 
section or Sec. 63.91 have not been met, the Administrator will 
disapprove the State authorities.
    (4) Authorities submitted for approval under this section shall 
include either:
    (i) State rules or other requirements enforceable under State law 
that would substitute for a section 112 rule; or
    (ii)(A) The specific permit terms and conditions for the source or 
set of sources in the source category for which the State is requesting 
approval under this section, including control requirements and 
compliance and enforcement measures, that would substitute for the 
permit terms and conditions imposed by the otherwise applicable section 
112 rule for such source or set of sources.
    (B) The Administrator will approve authorities specified under 
paragraph (a)(4)(ii)(A) of this section only when the State submitting 
the request already has an approved program under Sec. 63.94, the 
Federal standard for the source category has been promulgated

[[Page 411]]

under section 112(h), and the Administrator has not determined the work 
practice, design, equipment or operational requirements submitted by the 
State to be inadequate under the provisions of the Federal standard.
    (5) Within 180 days of receiving a complete request for approval 
under this section, the Administrator will either approve or disapprove 
the State request.
    (b) Criteria for approval. Any request for approval under this 
section shall meet all of the criteria of this section and Sec. 63.91 
before approval. The State shall provide the Administrator with detailed 
documentation that the State authorities contain or demonstrate:
    (1) Applicability criteria that are no less stringent than those in 
the respective Federal rule;
    (2) Levels of control and compliance and enforcement measures that 
result in emission reductions from each affected source or accidental 
release prevention program requirements for each affected source that 
are no less stringent than would result from the otherwise applicable 
Federal rule;
    (3) A compliance schedule that assures that each affected source is 
in compliance no later than would be required by the otherwise 
applicable Federal rule; and
    (4) At a minimum, the approved State authorities must include the 
following compliance and enforcement measures. (For authorities 
addressing the accidental release prevention program, minimum compliance 
and enforcement provisions are described in Sec. 63.95.)
    (i) The approved authorities must include a method for determining 
compliance.
    (ii) If a standard in the approved authorities is not instantaneous, 
a maximum averaging time must be established.
    (iii) The authorities must establish an obligation to periodically 
monitor or test for compliance using the method established per 
Sec. 63.93(b)(4)(i) sufficient to yield reliable data that are 
representative of the source's compliance status.
    (iv) The results of all required monitoring or testing must be 
reported at least every 6 months.



Sec. 63.94  Approval of a State program that substitutes for section 112 emission standards.

    Under this section a State may seek approval of a State program to 
be implemented and enforced in lieu of specified existing and future 
Federal emission standards or requirements promulgated under sections 
112(d), (f) or (h), for those affected sources permitted by the State 
under part 70 of this chapter.
    (a) Approval process. (1) Within 45 days after receipt of a complete 
request for approval under this section the Administrator will seek 
public comment for a minimum of 30 days on the State request for 
approval. The Administrator will require that comments be submitted 
concurrently to the State.
    (2) If, after review of all public comments, and State responses to 
comments submitted to the Administrator within 30 days of the close of 
the public comment period, the Administrator finds that the criteria of 
this section and the criteria of Sec. 63.91 are met, the State program 
will be approved by the Administrator. The approved State commitment 
made under paragraph (b)(2) of this section and reference to all 
documents submitted under Sec. 63.91(b)(2) will be published in the 
Federal Register and incorporated directly or by reference in the 
appropriate subpart of part 63.
    (3) If the Administrator finds that any of the criteria of this 
section or Sec. 63.91 have not been met, the Administrator will 
disapprove the State program.
    (4) Within 180 days of receiving a complete request for approval 
under this section, the Administrator will either approve or disapprove 
the State request.
    (b) Criteria for approval. Any request for approval under this 
section shall meet all of the criteria of this section and Sec. 63.91 
before approval. The State shall provide the Administrator with:
    (1) A reference to all specific sources or source categories listed 
pursuant to subsection 112(c) for which the State is seeking authority 
to implement and enforce standards or requirements under this section;

[[Page 412]]

    (2) A legally binding commitment adopted through State law that, 
after approval:
    (i) For each source subject to Federal section 112 emission 
standards or requirements for which approval is sought, part 70 permits 
shall be issued or revised by the State in accordance with procedures 
established in part 70 of this chapter and in accordance with the 
schedule submitted under Sec. 63.91(b)(5) assuring expeditious 
compliance by all sources; and
    (ii) All such issued or revised part 70 permits shall contain 
conditions that:
    (A) Reflect applicability criteria no less stringent than those in 
the otherwise applicable Federal standards or requirements;
    (B) Require levels of control for each affected source and emission 
point no less stringent than those contained in the otherwise applicable 
Federal standards or requirements;
    (C) Require compliance and enforcement measures for each source and 
emission point no less stringent than those in the otherwise applicable 
Federal standards or requirements;
    (D) Express levels of control and compliance and enforcement 
measures in the same form and units of measure as the otherwise 
applicable Federal standard or requirement;
    (E) Assure compliance by each affected source no later than would be 
required by the otherwise applicable Federal standard or requirement.



Sec. 63.95  Additional approval criteria for accidental release prevention programs.

    (a) A State submission for approval of an Accidental Release 
Prevention (ARP) program must meet the criteria and be in accordance 
with the procedures of this section, Sec. 63.91, and, where appropriate, 
either Sec. 63.92 or Sec. 63.93.
    (b) The State ARP program application shall contain the following 
elements consistent with the procedures in Sec. 63.91 and, where 
appropriate, either Sec. 63.92 or Sec. 63.93:
     (1) A demonstration of the State's authority and resources to 
implement and enforce regulations which are at least as stringent as 
regulations promulgated under section 112(r) that specify substances, 
related thresholds and a risk management program,
    (2) Procedures for:
    (i) Registration of stationary sources, as defined in section 
112(r)(2)(C) of the Act, which clearly identifies the State entity to 
receive the registration;
    (ii) Receiving and reviewing risk management plans;
    (iii) Making available to the public any risk management plan 
submitted to the State pursuant to provisions specified in section 
112(r) which are consistent with section 114(c) of the Act; and
    (iv) Providing technical assistance to subject sources, including 
small businesses;
    (3) A demonstration of the State's authority to enforce all 
accidental release prevention requirements including a risk management 
plan auditing strategy;
    (4) A description of the coordination mechanisms the State 
implementing agency will use with:
    (i) The Chemical Safety and Hazard Investigation Board, particularly 
during accident investigation; and
    (ii) The State Emergency Response Commission, and the Local 
Emergency Planning Committees; and
    (iii) The air permitting program with respect to sources subject to 
both section 112(r) of the Act and permit requirements under part 70 of 
this chapter.
    (c) A State may request approval for a complete or partial program. 
A partial accidental release prevention program must include the core 
program elements listed in paragraph (b) of this section.



Sec. 63.96  Review and withdrawal of approval.

    (a) Submission of information for review of approval. (1) The 
Administrator may at any time request any of the following information 
to review the adequacy of implementation and enforcement of an approved 
rule or program and the State shall provide that information within 45 
days of the Administrator's request:
    (i) Copies of any State statutes, rules, regulations or other 
requirements that have amended, repealed or

[[Page 413]]

revised the approved State rule or program since approval or since the 
immediately previous EPA review;
    (ii) Information to demonstrate adequate State enforcement and 
compliance monitoring activities with respect to all approved State 
rules and with all section 112 rules, emission standards or 
requirements;
    (iii) Information to demonstrate adequate funding, staff, and other 
resources to implement and enforce the State's approved rule or program;
    (iv) A schedule for implementing the State's approved rule or 
program that assures compliance with all section 112 rules and 
requirements that the EPA has promulgated since approval or since the 
immediately previous EPA review,
    (v) A list of part 70 or other permits issued, amended, revised, or 
revoked since approval or since immediately previous EPA review, for 
sources subject to a State rule or program approved under this subpart.
    (vi) A summary of enforcement actions by the State regarding 
violations of section 112 requirements, including but not limited to 
administrative orders and judicial and administrative complaints and 
settlements.
    (2) Upon request by the Administrator, the State shall demonstrate 
that each State rule, emission standard or requirement applied to an 
individual source is no less stringent as applied than the otherwise 
applicable Federal rule, emission standard or requirement.
    (b) Withdrawal of approval of a state rule or program. (1) If the 
Administrator has reason to believe that a State is not adequately 
implementing or enforcing an approved rule or program according to the 
criteria of this section or that an approved rule or program is not as 
stringent as the otherwise applicable Federal rule, emission standard or 
requirements, the Administrator will so inform the State in writing and 
will identify the reasons why the Administrator believes that the 
State's rule or program is not adequate. The State shall then initiate 
action to correct the deficiencies identified by the Administrator and 
shall inform the Administrator of the actions it has initiated and 
completed. If the Administrator determines that the State's actions are 
not adequate to correct the deficiencies, the Administrator will notify 
the State that the Administrator intends to withdraw approval and will 
hold a public hearing and seek public comment on the proposed withdrawal 
of approval. The Administrator will require that comments be submitted 
concurrently to the State. Upon notification of the intent to withdraw, 
the State will notify all sources subject to the relevant approved rule 
or program that withdrawal proceedings have been initiated.
    (2) Based on any public comment received and any response to that 
comment by the State, the Administrator will notify the State of any 
changes in identified deficiencies or actions needed to correct 
identified deficiencies. If the State does not correct the identified 
deficiencies within 90 days after receiving revised notice of 
deficiencies, the Administrator shall withdraw approval of the State's 
rule or program upon a determination that:
    (i) The State no longer has adequate authorities to assure 
compliance or resources to implement and enforce the approved rule or 
program, or
    (ii) The State is not adequately implementing or enforcing the 
approved rule or program, or
    (iii) An approved rule or program is not as stringent as the 
otherwise applicable Federal rule, emission standard or requirement.
    (3) The Administrator may withdraw approval for part of a rule, for 
a rule, for part of a program, or for an entire program.
    (4) Any State rule, program or portion of a State rule or program 
for which approval is withdrawn is no longer Federally enforceable. The 
Federal rule, emission standard or requirement that would have been 
applicable in the absence of approval under this subpart will be the 
federally enforceable rule, emission standard or requirement.
    (i) Upon withdrawal of approval, the Administrator will publish an 
expeditious schedule for sources subject to the previously approved 
State rule or program to come into compliance with applicable Federal 
requirements. Such schedule shall include interim emission

[[Page 414]]

limits where appropriate. During this transition, sources must be 
operated in a manner consistent with good air pollution control 
practices for minimizing emissions.
    (ii) Upon withdrawal, the State shall reopen, under the provisions 
of Sec. 70.7(f) of this chapter, the part 70 permit of each source 
subject to the previously approved rules or programs in order to assure 
compliance through the permit with the applicable requirements for each 
source.
    (iii) If the Administrator withdraws approval of State rules 
applicable to sources that are not subject to part 70 permits, the 
applicable State rules are no longer Federally enforceable.
    (iv) If the Administrator withdraws approval of a portion of a State 
rule or program, other approved portions of the State rule or program 
that are not withdrawn shall remain in effect.
    (v) Any applicable Federal emission standard or requirement shall 
remain enforceable by the EPA as specified in section 112(l)(7) of the 
Act.
    (5) If a rule approved under Sec. 63.93 is withdrawn under the 
provisions of Sec. 63.96(b)(2) (i) or (ii), and, at the time of 
withdrawal, the Administrator finds the rule to be no less stringent 
than the otherwise applicable Federal requirement, the Administrator 
will grant equivalency to the previously approved State rule under the 
appropriate provisions of this part.
    (6) A State may submit a new rule, program or portion of a rule or 
program for approval after the Administrator has withdrawn approval of 
the State's rule, program or portion of a rule or program. The 
Administrator will determine whether the new rule or program or portion 
of a rule or program is approvable according to the criteria and 
procedures of Sec. 63.91 and either of Sec. 63.92, Sec. 63.93 or 
Sec. 63.94.
    (7) A State may voluntarily withdraw from an approved State rule, 
program or portion of a rule or program by notifying the EPA and all 
affected sources subject to the rule or program and providing notice and 
opportunity for comment to the public within the State.
    (i) Upon voluntary withdrawal by a State, the Administrator will 
publish a timetable for sources subject to the previously approved State 
rule or program to come into compliance with applicable Federal 
requirements.
    (ii) Upon voluntary withdrawal, the State must reopen and revise the 
part 70 permits of all sources affected by the withdrawal as provided 
for in this section and Sec. 70.7(f), and the Federal rule, emission 
standard, or requirement that would have been applicable in the absence 
of approval under this subpart will become the applicable requirement 
for the source.
    (iii) Any applicable Federal section 112 rule, emission standard or 
requirement shall remain enforceable by the EPA as specified in section 
112(l)(7) of the Act.
    (iv) Voluntary withdrawal shall not be effective sooner than 180 
days after the State notifies the EPA of its intent to voluntarily 
withdraw.
Secs. 63.97-63.98  [Reserved]



Sec. 63.99   Delegated Federal Authorities.

    (a) This section lists the specific source categories that have been 
delegated to the air pollution control agencies in each State under the 
procedures described in this subpart.
    (1)-(4) [Reserved]
    (5) California
    (i) [Reserved]
    (ii) Affected sources must comply with the California Regulatory 
Requirements Applicable to the Air Toxics Program, March 1, 1996 
(incorporated by reference as specified in Sec. 63.14) as described 
below.
    (A) The material incorporated in Chapter 1 of the California 
Regulatory Requirements Applicable to the Air Toxics Program pertains to 
the perchloroethylene dry cleaning source category, and has been 
approved under the procedures in Sec. 63.93 to be implemented and 
enforced in place of Subpart M--National Perchloroethylene Air Emission 
Standards for Dry Cleaning Facilities, as it applies to area sources 
only, as defined in Sec. 63.320(h).
    (1) Authorities not delegated.
    (i) California is not delegated the Administrator's authority to 
implement and enforce those provisions of subpart M which apply to major 
sources, as defined in Sec. 63.320(g). Dry cleaning facilities which are 
major sources remain subject to subpart M.

[[Page 415]]

    (ii) California is not delegated the Administrator's authority of 
Sec. 63.325 to determine equivalency of emissions control technologies. 
Any source seeking permission to use an alternative means of emission 
limitation, under sections 93109(a)(17), 93109(g)(3)(A)(5), 
93109(g)(3)(B)(2)(iii), and 93109(h) of the California Airborne Toxic 
Control Measure, must also receive approval from the Administrator 
before using such alternative means of emission limitation for the 
purpose of complying with section 112.

[61 FR 25399, May 21, 1996]



    Subpart F--National Emission Standards for Organic Hazardous Air 
  Pollutants From the Synthetic Organic Chemical Manufacturing Industry

    Source: 59 FR 19454, Apr. 22, 1994, unless otherwise noted.



Sec. 63.100  Applicability and designation of source.

    (a) This subpart provides applicability provisions, definitions, and 
other general provisions that are applicable to subparts G and H of this 
part.
    (b) Except as provided in paragraphs (b)(4) and (c) of this section, 
the provisions of subparts F, G, and H of this part apply to chemical 
manufacturing process units that meet all the criteria specified in 
paragraphs (b)(1), (b)(2), and (b)(3) of this section:
    (1) Manufacture as a primary product one or more of the chemicals 
listed in table 1 of this subpart;
    (2) Use as a reactant or manufacture as a product, by-product, or 
co-product, one or more of the organic hazardous air pollutants listed 
in table 2 of this subpart; and
    (3) Are located at a plant site that is a major source as defined in 
section 112(a) of the Act.
    (4) The owner or operator of a chemical manufacturing processing 
unit is exempt from all requirements of subparts F, G, and H of this 
part until not later than April 22, 1997 if the owner or operator 
certifies, in a notification to the appropriate EPA Regional Office, not 
later than May 14, 1996, that the plant site at which the chemical 
manufacturing processing unit is located emits, and will continue to 
emit, during any 12-month period, less than 10 tons per year of any 
individual hazardous air pollutants (HAP), and less than 25 tons per 
year of any combination of HAP.
    (i) If such a determination is based on limitations and conditions 
that are not federally enforceable (as defined in subpart A of this 
part), the owner or operator shall document the basis for the 
determination as specified in paragraphs (b)(4)(i)(A) through 
(b)(4)(i)(C) and comply with the recordkeeping requirement in 63.103(f).
    (A) The owner or operator shall identify all HAP emission points at 
the plant site, including those emission points subject to and emission 
points not subject to subparts F, G, and H;
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum expected 
operating conditions at the plant site. Examples of estimating 
procedures that are considered acceptable include the calculation 
procedures in Sec. 63.150 of subpart G, the early reduction 
demonstration procedures specified in Secs. 63.74 (c)(2), (c)(3), 
(d)(2), (d)(3), and (g), or accepted engineering practices. If the total 
annual HAP emissions for the plant site are annually reported under 
Emergency Planning and Community Right-to-Know Act (EPCRA) section 313, 
then such reported annual emissions may be used to satisfy the 
requirements of Sec. 63.100(b)(4)(i)(B).
    (C) The owner or operator shall sum the amount of annual HAP 
emissions from all emission points on the plant site. If the total 
emissions of any one HAP are less than 10 tons per year and the total 
emissions of any combination of HAP are less than 25 tons per year, the 
plant site qualifies for the exemption described in paragraph (b)(4) of 
this section, provided that emissions are kept below these thresholds.
    (ii) If such a determination is based on limitations and conditions 
that are federally enforceable (as defined in subpart A of this part), 
the owner or operator is not subject to the provisions of paragraph 
(b)(4) of this section.

[[Page 416]]

    (c) The owner or operator of a chemical manufacturing process unit 
that meets the criteria specified in paragraphs (b)(1) and (b)(3) of 
this section but does not use as a reactant or manufacture as a product, 
by-product, or co-product any organic hazardous air pollutant listed in 
table 2 of this subpart shall comply only with the requirements of 
Sec. 63.103(e) of this subpart. To comply with this subpart, such 
chemical manufacturing process units shall not be required to comply 
with the provisions of subpart A of this part.
    (d) The primary product of a chemical manufacturing process unit 
shall be determined according to the procedures specified in paragraphs 
(d)(1), (d)(2), and (d)(3) of this section.
    (1) If a chemical manufacturing process unit produces more than one 
intended chemical product, the product with the greatest annual design 
capacity on a mass basis determines the primary product of the process.
    (2) If a chemical manufacturing process unit has two or more 
products that have the same maximum annual design capacity on a mass 
basis and if one of those chemicals is listed in table 1 of this 
subpart, then the listed chemical is considered the primary product and 
the chemical manufacturing process unit is subject to this subpart. If 
more than one of the products is listed in table 1 of this subpart, then 
the owner or operator may designate as the primary product any of the 
listed chemicals and the chemical manufacturing process unit is subject 
to this subpart.
    (3) For chemical manufacturing process units that are designed and 
operated as flexible operation units, the primary product shall be 
determined for existing sources based on the expected utilization for 
the five years following April 22, 1994, and for new sources based on 
the expected utilization for the first five years after initial start-
up.
    (i) If the predominant use of the flexible operation unit, as 
described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section, 
is to produce one or more chemicals listed in table 1 of this subpart, 
then the flexible operation unit shall be subject to the provisions of 
subparts F, G, and H of this part.
    (A) If the flexible operation unit produces one product for the 
greatest annual operating time, then that product shall represent the 
primary product of the flexible operation unit.
    (B) If the flexible operation unit produces multiple chemicals 
equally based on operating time, then the product with the greatest 
annual production on a mass basis shall represent the primary product of 
the flexible operation unit.
    (ii) The determination of applicability of this subpart to chemical 
manufacturing process units that are designed and operated as flexible 
operation units shall be reported in the Implementation Plan required by 
Sec. 63.151 (c), (d), and (e) of subpart G of this part or as part of an 
operating permit application.
    (e) The source to which this subpart applies is the collection of 
the process vents; storage vessels; transfer racks; wastewater and the 
associated treatment residuals; and pumps, compressors, agitators, 
pressure relief devices, sampling connection systems, open-ended valves 
or lines, valves, connectors, instrumentation systems, surge control 
vessels, and bottoms receivers that are associated with the chemical 
manufacturing process units that meet the criteria specified in 
paragraphs (b)(1) through (b)(3) of this section.
    (1) Subparts F and G of this part apply to emissions from process 
vents, storage vessels, transfer racks, and wastewater streams and 
associated treatment residuals within a source that is subject to this 
subpart.
    (2) Subparts F and H of this part apply to emissions from pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves or lines, valves, connectors, instrumentation 
systems, surge control vessels, and bottoms receivers, within a source 
that is subject to this subpart.
    (f) The source does not include the emission points listed in 
paragraphs (f)(1) through (f)(9) of this section. This subpart does not 
require emission points that are not included in the source to comply 
with the provisions of subpart A of this part.
    (1) Process vents from batch operations;

[[Page 417]]

    (2) Stormwater from segregated sewers;
    (3) Water from fire-fighting and deluge systems in segregated 
sewers;
    (4) Spills;
    (5) Water from safety showers;
    (6) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (7) Loading racks, loading arms, or loading hoses that only transfer 
liquids containing organic hazardous air pollutants as impurities;
    (8) Loading racks, loading arms, or loading hoses that vapor balance 
during all loading operations; and
    (9) Equipment that is intended to operate in organic hazardous air 
pollutant service, as defined in Sec. 63.161 of subpart H of this part, 
for less than 300 hours during the calendar year.
    (g) The owner or operator shall follow the procedures specified in 
paragraphs (g)(1) and (g)(2) of this section to determine whether a 
storage vessel is part of the source to which this subpart applies.
    (1) Where a storage vessel is used exclusively by a chemical 
manufacturing process unit, the storage vessel shall be considered part 
of that chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the storage vessel is part of the source to which this 
subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the storage vessel is not part of the source to which 
this subpart applies.
    (2) If a storage vessel is not dedicated to a single chemical 
manufacturing process unit, then the applicability of subparts F and G 
of this part shall be determined according to the provisions in 
paragraphs (g)(2)(i) through (g)(2)(iv) of this section.
    (i) If a storage vessel is shared among chemical manufacturing 
process units and one of the process units has the predominant use, as 
determined by paragraph (g)(2)(i)(A) and (g)(2)(i)(B) of this section, 
then the storage vessel is part of that chemical manufacturing process 
unit.
    (A) If the greatest input into the storage vessel is from a chemical 
manufacturing process unit that is located on the same plant site, then 
that chemical manufacturing process unit has the predominant use.
    (B) If the greatest input into the storage vessel is provided from a 
chemical manufacturing process unit that is not located on the same 
plant site, then the predominant use is the chemical manufacturing 
process unit on the same plant site that receives the greatest amount of 
material from the storage vessel.
    (ii) If a storage vessel is shared among chemical manufacturing 
process units so that there is no single predominant use, and at least 
one of those chemical manufacturing process units is subject to this 
subpart, the storage vessel shall be considered to be part of the 
chemical manufacturing process unit that is subject to this subpart. If 
more than one chemical manufacturing process unit is subject to this 
subpart, the owner or operator may assign the storage vessel to any of 
the chemical manufacturing process units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year to 
year, then the applicability of this subpart shall be determined based 
on the utilization that occurred during the year preceding April 22, 
1994. This determination shall be reported in the Implementation Plan 
required by Sec. 63.151(c), (d), and (e) of subpart G of this part or as 
part of an operating permit application.
    (iv) If there is a change in the material stored in the storage 
vessel, the owner or operator shall reevaluate the applicability of this 
subpart to the vessel.
    (h) The owner or operator shall follow the procedures specified in 
paragraphs (h)(1) and (h)(2) of this section to determine whether the 
arms and hoses in a loading rack are part of the source to which this 
subpart applies.
    (1) Where a loading rack is used exclusively by a chemical 
manufacturing process unit, the loading rack shall be considered part of 
that specific chemical manufacturing process unit.
    (i) If the chemical manufacturing process unit is subject to this 
subpart

[[Page 418]]

according to the criteria specified in paragraph (b) of this section and 
the loading rack does not meet the criteria specified in paragraphs 
(f)(7) and (f)(8) of this section, then the loading rack is considered a 
transfer rack (as defined in Sec. 63.101 of this subpart) and is part of 
the source to which this subpart applies.
    (ii) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the loading rack is not considered a transfer rack 
(as defined in Sec. 63.101 of this subpart) and is not a part of the 
source to which this subpart applies.
    (2) If a loading rack is shared among chemical manufacturing process 
units, then the applicability of subparts F and G of this part shall be 
determined at each loading arm or loading hose according to the 
provisions in paragraphs (h)(2)(i) through (h)(2)(v) of this section.
    (i) Each loading arm or loading hose that is dedicated to the 
transfer of liquid organic hazardous air pollutants listed in table 2 of 
this subpart from a chemical manufacturing process unit to which this 
subpart applies is part of that chemical manufacturing process unit and 
is part of the source to which this subpart applies unless the loading 
arm or loading hose meets the criteria specified in paragraph (f)(7) or 
(f)(8) of this section.
    (ii) If a loading arm or loading hose is shared among chemical 
manufacturing process units, and one of the chemical manufacturing 
process units provides the greatest amount of the material that is 
loaded by the loading arm or loading hose, then the loading arm or 
loading hose is part of that chemical manufacturing process unit.
    (A) If the chemical manufacturing process unit is subject to this 
subpart according to the criteria specified in paragraph (b) of this 
section, then the loading arm or loading hose is part of the source to 
which this subpart applies unless the loading arm or loading hose meets 
the criteria specified in paragraph (f)(7) or (f)(8) of this section.
    (B) If the chemical manufacturing process unit is not subject to 
this subpart according to the criteria specified in paragraph (b) of 
this section, then the loading arm or loading hose is not part of the 
source to which this subpart applies.
    (iii) If a loading arm or loading hose is shared among chemical 
manufacturing process units so that there is no single predominant use 
as described in paragraph (h)(2)(ii) of this section and at least one of 
those chemical manufacturing process units is subject to this subpart, 
then the loading arm or hose is part of the chemical manufacturing 
process unit that is subject to this subpart. If more than one of the 
chemical manufacturing process units is subject to this subpart, the 
owner or operator may assign the loading arm or loading hose to any of 
the chemical manufacturing process units subject to this subpart.
    (iv) If the predominant use of a loading arm or loading hose varies 
from year to year, then the applicability of this subpart shall be 
determined based on the utilization that occurred during the year 
preceding April 22, 1994. This determination shall be reported in the 
Implementation Plan required by Sec. 63.151 (c), (d), and (e) of subpart 
G or as part of an operating permit application.
    (v) If there is a change in the material loaded at the loading arm 
or loading hose, the owner or operator shall reevaluate the 
applicability of this subpart to the loading arm or loading hose.
    (i) Except as provided in paragraph (i)(6) of this section, the 
owner or operator shall follow the procedures specified in paragraphs 
(i)(1) through (i)(5) of this section to determine whether the vent(s) 
from a distillation unit is part of the source to which this subpart 
applies.
    (1) If the greatest input to the distillation unit is from a 
chemical manufacturing process unit located on the same plant site, then 
the distillation unit shall be assigned to that chemical manufacturing 
process unit.
    (2) If the greatest input to the distillation unit is provided from 
a chemical manufacturing process unit that is not located on the same 
plant site, then the distillation unit shall be assigned to the chemical 
manufacturing process unit located at the same plant

[[Page 419]]

site that receives the greatest amount of material from the distillation 
unit.
    (3) If a distillation unit is shared among chemical manufacturing 
process units so that there is no single predominant use, as described 
in paragraphs (i)(1) and (i)(2) of this section, and at least one of 
those chemical manufacturing process units is subject to this subpart, 
the distillation unit shall be assigned to the chemical manufacturing 
process unit that is subject to this subpart. If more than one chemical 
manufacturing process unit is subject to this subpart, the owner or 
operator may assign the distillation unit to any of the chemical 
manufacturing process units subject to this rule.
    (4) If the chemical manufacturing process unit to which the 
distillation unit is assigned is subject to this subpart and the vent 
stream contains greater than 0.005 weight percent total organic 
hazardous air pollutants, then the vent(s) from the distillation unit is 
considered a process vent (as defined in Sec. 63.101 of this subpart) 
and is part of the source to which this subpart applies.
    (5) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization that occurred during the year preceding April 
22, 1994. This determination shall be included in the Implementation 
Plan required by Sec. 63.151 (c), (d), and (e) of subpart G of this part 
or as part of an operating permit application.
    (6) If the distillation unit is part of one of the chemical 
manufacturing process units listed in paragraphs (i)(6)(i) through 
(i)(6)(iii) of this section and the vent stream contains greater than 
0.005 weight percent total organic hazardous air pollutants, then the 
vents from the distillation unit are considered process vents (as 
defined in Sec. 63.101 of this subpart) and are part of the source to 
which this subpart applies.
    (i) The Aromex unit that produces benzene, toluene, and xylene;
    (ii) The unit that produces hexane; or
    (iii) The unit that produces cyclohexane.
    (j) The provisions of subparts F, G, and H of this part do not apply 
to the processes specified in paragraphs (j)(1) through (j)(6) of this 
section. Subparts F, G, and H do not require processes specified in 
paragraphs (j)(1) through (j)(6) to comply with the provisions of 
subpart A of this part.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a chemical 
manufacturing process unit that is subject to the provisions of subparts 
F, G, or H of this part.
    (2) Petroleum refining process units, regardless of whether the 
units supply feedstocks that include chemicals listed in table 1 of this 
subpart to chemical manufacturing process units that are subject to the 
provisions of subparts F, G, or H of this part.
    (3) Ethylene process units, regardless of whether the units supply 
feedstocks that include chemicals listed in table 1 of this subpart to 
chemical manufacturing process units that are subject to the provisions 
of subpart F, G, or H of this part.
    (4) Equipment that is located within a chemical manufacturing 
process unit that is subject to this subpart but does not contain 
organic hazardous air pollutants.
    (5) Chemical manufacturing process units that are located in coke 
by-product recovery plants.
    (6) Solvent reclamation, recovery, or recycling operations at 
hazardous waste TSDF facilities requiring a permit under 40 CFR part 270 
that are separate entities and not part of a SOCMI chemical 
manufacturing process unit.
    (k) Except as provided in paragraphs (l) and (m) of this section, 
sources subject to subpart F, G, or H of this part are required to 
achieve compliance on or before the dates specified in paragraphs (k)(1) 
through (k)(8) of this section.
    (1) New sources that commence construction or reconstruction after 
December 31, 1992, shall be in compliance with subparts F, G, and H of 
this part upon initial start-up or April 22, 1994, whichever is later, 
as provided in Sec. 63.6(b) of subpart A of this part.
    (2) Existing sources shall be in compliance with subparts F and G of 
this part no later than 3 years after April 22, 1994, as provided in 
Sec. 63.6(c) of subpart A of this part, unless an extension

[[Page 420]]

has been granted by the Administrator as provided in Sec. 63.151(a)(6) 
of subpart G of this part or granted by the operating permit authority 
as provided in Sec. 63.6(i) of subpart A of this part.
    (3) Existing sources shall be in compliance with subpart H of this 
part no later than the dates specified in paragraphs (k)(3)(i) through 
(k)(3)(v) of this section, except as provided for in paragraphs (k)(4) 
through (k)(8) of this section, unless an extension has been granted by 
the Administrator as provided in Sec. 63.182(a)(6) of subpart H of this 
part or granted by the operating permit authority as provided in 
Sec. 63.6(i) of subpart A of this part. The group designation for each 
process unit is indicated in table 1 of this subpart.
    (i) Group I: October 24, 1994.
    (ii) Group II: January 23, 1995.
    (iii) Group III: April 24, 1995.
    (iv) Group IV: July 24, 1995.
    (v) Group V: October 23, 1995.
    (4) Existing chemical manufacturing process units in Groups I and II 
as identified in table 1 of this subpart shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than May 10, 1995, for 
any compressor meeting one or more of the criteria in paragraphs 
(k)(4)(i) through (k)(4)(iv) of this section, if the work can be 
accomplished without a process unit shutdown, as defined in Sec. 63.161 
in subpart H.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system; or
    (iv) The compressor must be modified to permit connecting the 
compressor to a closed vent system.
    (5) Existing chemical manufacturing process units shall be in 
compliance with the requirements of Sec. 63.164 in subpart H no later 
than 1 year after the applicable compliance date specified in paragraph 
(k)(3) of this section, for any compressor meeting the criteria in 
paragraphs (k)(5)(i) through (k)(5)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (k)(4) (i) through (iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown as 
defined in Sec. 63.161 of subpart H;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; and
    (iv) The owner or operator submits a request to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13 of subpart A of 
this part no later than 45 days before the applicable compliance date in 
paragraph (k)(3) of this section, but in no event earlier than May 10, 
1995. The request shall include the information specified in paragraphs 
(k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless the EPA 
Regional Office objects to the request within 30 days after receipt, the 
request shall be deemed approved.
    (A) The name and address of the owner or operator and the address of 
the existing source if it differs from the address of the owner or 
operator;
    (B) The name, address, and telephone number of a contact person for 
further information;
    (C) An identification of the chemical manufacturing process unit, 
and of the specific equipment for which additional compliance time is 
required;
    (D) The reason compliance can not reasonably be achieved by the 
applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of 
this section; and
    (E) The date by which the owner or operator expects to achieve 
compliance.
    (6)(i) If compliance with the compressor provisions of Sec. 63.164 
of subpart H of this part can not reasonably be achieved without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H, the owner 
or operator shall achieve compliance no later than April 22, 1996, 
except as provided for in paragraph (k)(6)(ii) of this section. The 
owner or operator who elects to use this provision shall comply with the 
requirements of Sec. 63.103(g) of this subpart.
    (ii) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H of this part can not be achieved without replacing the 
compressor or recasting the distance piece, the owner or operator shall 
achieve compliance no later

[[Page 421]]

than April 22, 1997. The owner or operator who elects to use this 
provision shall also comply with the requirements of Sec. 63.103(g) of 
this subpart.
    (7) Existing sources shall be in compliance with the provisions of 
Sec. 63.170 of subpart H no later than April 22, 1997.
    (8) If an owner or operator of a chemical manufacturing process unit 
subject to the provisions of subparts F, G, and H of part 63 plans to 
implement pollution prevention measures to eliminate the use or 
production of HAP listed in table 2 of this subpart by October 23, 1995, 
the provisions of subpart H do not apply regardless of the compliance 
dates specified in paragraph (k)(3) of this section. The owner or 
operator who elects to use this provision shall comply with the 
requirements of Sec. 63.103(h) of this subpart.
    (l)(1) If an additional chemical manufacturing process unit meeting 
the criteria specified in paragraph (b) of this section is added to a 
plant site that is a major source as defined in section 112(a) of the 
Act, the addition shall be subject to the requirements for a new source 
in subparts F, G, and H of this part if:
    (i) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (ii) Such construction commenced after December 31, 1992; and
    (iii) The addition has the potential to emit 10 tons per year or 
more of any HAP or 25 tons per year or more of any combination of HAP's, 
unless the Administrator establishes a lesser quantity.
    (2) If any change is made to a chemical manufacturing process unit 
subject to this subpart, the change shall be subject to the requirements 
of a new source in subparts F, G, and H of this part if:
    (i) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part; and
    (ii) Such reconstruction commenced after December 31, 1992.
    (3) If an additional chemical manufacturing process unit is added to 
a plant site or a change is made to a chemical manufacturing process 
unit and the addition or change is determined to be subject to the new 
source requirements according to paragraph (l)(1) or (l)(2) of this 
section:
    (i) The new or reconstructed source shall be in compliance with the 
new source requirements of subparts F, G, and H of this part upon 
initial start-up of the new or reconstructed source or by April 22, 
1994, whichever is later; and
    (ii) The owner or operator of the new or reconstructed source shall 
comply with the reporting and recordkeeping requirements in subparts F, 
G, and H of this part that are applicable to new sources. The applicable 
reports include, but are not limited to:
    (A) The application for approval of construction or reconstruction 
which shall be submitted by the date specified in Sec. 63.151(b)(2)(ii) 
of subpart G of this part, or an Initial Notification as specified in 
Sec. 63.151(b)(2)(iii) of subpart G of this part;
    (B) The Implementation Plan and Implementation Plan Updates required 
by Sec. 63.151(c) and (j) of subpart G of this part, unless the 
information has been submitted in an operating permit application or 
amendment;
    (C) The Notification of Compliance Status as required by 
Sec. 63.152(b) of subpart G of this part for the new or reconstructed 
source;
    (D) Periodic Reports and Other Reports as required by Sec. 63.152(c) 
and (d) of subpart G of this part;
    (E) Reports required by Sec. 63.182 of subpart H of this part; and
    (F) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts F, G, and H of this part, as 
identified in table 3 of this subpart.
    (4) If an additional chemical manufacturing process unit is added to 
a plant site, or if an emission point is added to an existing chemical 
manufacturing process unit, or if another deliberate operational process 
change creating an additional Group 1 emission point(s) is made to an 
existing chemical manufacturing process unit, or if a surge control 
vessel or bottoms receiver becomes subject to Sec. 63.170 of subpart H, 
or if a compressor becomes subject to Sec. 63.164 of subpart H, and if 
the addition or change is not subject to the new source requirements as 
determined according to paragraph (l)(1) or

[[Page 422]]

(l)(2) of this section, the requirements in paragraphs (l)(4)(i) through 
(l)(4)(iii) of this section shall apply. Examples of process changes 
include, but are not limited to, changes in production capacity, 
feedstock type, or catalyst type, or whenever there is replacement, 
removal, or addition of recovery equipment. For purposes of this 
paragraph and paragraph (m) of this section, process changes do not 
include: Process upsets, unintentional temporary process changes, and 
changes that are within the equipment configuration and operating 
conditions documented in the Notification of Compliance Status required 
by Sec. 63.152(b) of subpart G of this part.
    (i) The added emission point(s) and any emission point(s) within the 
added or changed chemical manufacturing process unit are subject to the 
requirements of subparts F, G, and H of this part for an existing 
source;
    (ii) The added emission point(s) and any emission point(s) within 
the added or changed chemical manufacturing process unit shall be in 
compliance with subparts F, G, and H of this part by the dates specified 
in paragraph (l)(4)(ii) (A) or (B) of this section, as applicable.
    (A) If a chemical manufacturing process unit is added to a plant 
site or an emission point(s) is added to an existing chemical 
manufacturing process unit, the added emission point(s) shall be in 
compliance upon initial start-up of the added chemical manufacturing 
process unit or emission point(s) or by 3 years after April 22, 1994, 
whichever is later.
    (B) If a deliberate operational process change to an existing 
chemical manufacturing process unit causes a Group 2 emission point to 
become a Group 1 emission point, if a surge control vessel or bottoms 
receiver becomes subject to Sec. 63.170 of subpart H, or if a compressor 
becomes subject to Sec. 63.164 of subpart H, the owner or operator shall 
be in compliance upon initial start-up or by 3 years after April 22, 
1994, whichever is later, unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than making 
the change. If this demonstration is made to the Administrator's 
satisfaction, the owner or operator shall follow the procedures in 
paragraphs (m)(1) through (m)(3) of this section to establish a 
compliance date.
    (iii) The owner or operator of a chemical manufacturing process unit 
or emission point that is added to a plant site and is subject to the 
requirements for existing sources shall comply with the reporting and 
recordkeeping requirements of subparts F, G, and H of this part that are 
applicable to existing sources, including, but not limited to, the 
reports listed in paragraphs (l)(4)(iii) (A) through (E) of this 
section. A change to an existing chemical manufacturing process unit 
shall be subject to the reporting requirements for existing sources 
including, but not limited to, the reports listed in paragraphs 
(l)(4)(iii) (A) through (E) of this section if the change meets the 
criteria specified in Sec. 63.118 (g), (h), (i), or (j) of subpart G of 
this part for process vents or the criteria in Sec. 63.151 (i) or (j) of 
subpart G of this part for Implementation Plan Updates. The applicable 
reports include, but are not limited to:
    (A) The Implementation Plan Updates specified in Sec. 63.151 (i) and 
(j) of subpart G of this part, unless the information has been submitted 
in an operating permit application or amendment;
    (B) The Notification of Compliance Status as required by 
Sec. 63.152(b) of subpart G of this part for the emission points that 
were added or changed;
    (C) Periodic Reports and other reports as required by Sec. 63.152 
(c) and (d) of subpart G of this part;
    (D) Reports required by Sec. 63.182 of subpart H of this part; and
    (E) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts F, G, and H of this part, as 
identified in table 3 of this subpart.
    (m) If a change that does not meet the criteria in paragraph (l)(4) 
of this section is made to a chemical manufacturing process unit subject 
to subparts F and G of this part, and the change causes a Group 2 
emission point to become a Group 1 emission point (as defined in 
Sec. 63.111 of subpart G of this part), then the owner or operator shall 
comply with the requirements of subpart G of this part for the Group 1 
emission point as expeditiously as

[[Page 423]]

practicable, but in no event later than 3 years after the emission point 
becomes Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The compliance schedule shall be submitted with the 
Implementation Plan update required in Sec. 63.151(i)(2) of subpart G of 
this part for emission points included in an emissions average or 
Sec. 63.151(j)(1) of subpart G of this part for emission points not in 
an emissions average, unless the compliance schedule has been submitted 
in an operating permit application or amendment.
    (3) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (n) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart F is stayed from 
October 24, 1994, to April 24, 1995, only as applied to those sources 
for which the owner or operator makes a representation in writing to the 
Administrator that the resolution of the area source definition issues 
could have an effect on the compliance status of the source with respect 
to subpart F.
    (o) Sections stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of Secs. 63.164 and 63.170 
of subpart H is stayed from October 28, 1994, to April 24, 1995, only as 
applied to those sources subject to Sec. 63.100(k)(3) (i) and (ii).

[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 
59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 27, 1995; 60 FR 18023, 
18028, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 61 FR 7718, Feb. 29, 
1996]



Sec. 63.101  Definitions.

    (a) The following terms as used in subparts F, G, and H of this part 
shall have the meaning given them in subpart A of this part: Act, actual 
emissions, Administrator, affected source, approved permit program, 
commenced, compliance date, construction, continuous monitoring system, 
continuous parameter monitoring system, effective date, emission 
standard, emissions averaging, EPA, equivalent emission limitation, 
existing source, Federally enforceable, fixed capital cost, hazardous 
air pollutant, lesser quantity, major source, malfunction, new source, 
owner or operator, performance evaluation, performance test, permit 
program, permitting authority, reconstruction, relevant standard, 
responsible official, run, standard conditions, State, and stationary 
source.
    (b) All other terms used in this subpart and subparts G and H of 
this part shall have the meaning given them in the Act and in this 
section. If the same term is defined in subpart A of this part and in 
this section, it shall have the meaning given in this section for 
purposes of subparts F, G, and H of this part.
    Air oxidation reactor means a device or vessel in which air, or a 
combination of air and oxygen, is used as an oxygen source in 
combination with one or more organic reactants to produce one or more 
organic compounds. Air oxidation reactor includes the product separator 
and any associated vacuum pump or steam jet.
    Batch operation means a noncontinuous operation in which a discrete 
quantity or batch of feed is charged into a unit operation within a 
chemical manufacturing process unit and processed at one time. Batch 
operation includes noncontinuous operations in which the equipment is 
fed intermittently or discontinuously. Addition of raw material and 
withdrawal of product do not occur simultaneously in a batch operation. 
After each batch operation, the equipment is generally emptied before a 
fresh batch is started.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By-product means a chemical that is produced coincidentally during 
the production of another chemical.
    Chemical manufacturing process unit means the equipment assembled 
and connected by pipes or ducts to process raw materials and to 
manufacture an intended product. For the purpose of this subpart, 
chemical manufacturing process unit includes air oxidation reactors and 
their associated product

[[Page 424]]

separators and recovery devices; reactors and their associated product 
separators and recovery devices; distillation units and their associated 
distillate receivers and recovery devices; associated unit operations 
(as defined in this section); and any feed, intermediate and product 
storage vessels, product transfer racks, and connected ducts and piping. 
A chemical manufacturing process unit includes pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, instrumentation systems, and 
control devices or systems. A chemical manufacturing process unit is 
identified by its primary product.
    Control device means any equipment used for recovering or oxidizing 
organic hazardous air pollutant vapors. Such equipment includes, but is 
not limited to, absorbers, carbon adsorbers, condensers, incinerators, 
flares, boilers, and process heaters. For process vents (as defined in 
this section), recovery devices are not considered control devices.
    Co-product means a chemical that is produced during the production 
of another chemical.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, or equipment leak.
    Equipment leak means emissions of organic hazardous air pollutants 
from a pump, compressor, agitator, pressure relief device, sampling 
connection system, open-ended valve or line, valve, surge control 
vessel, bottoms receiver, or instrumentation system in organic hazardous 
air pollutant service as defined in Sec. 63.161 of subpart H of this 
part.
    Ethylene process or ethylene process unit means a chemical 
manufacturing process unit in which ethylene and/or propylene are 
produced by separation from petroleum refining process streams or by 
subjecting hydrocarbons to high temperatures in the presence of steam. 
The ethylene process unit includes the separation of ethylene and/or 
propylene from associated streams such as a C4 product, pyrolysis 
gasoline, and pyrolysis fuel oil. The ethylene process does not include 
the manufacture of SOCMI chemicals such as the production of butadiene 
from the C4 stream and aromatics from pyrolysis gasoline.
    Flexible operation unit means a chemical manufacturing process unit 
that manufactures different chemical products periodically by 
alternating raw materials or operating conditions. These units are also 
referred to as campaign plants or blocked operations.
    Heat exchange system means any cooling tower system or once-through 
cooling water system (e.g., river or pond water). A heat exchange system 
can include more than one heat exchanger and can include an entire 
recirculating or once-through cooling system.
    Impurity means a substance that is produced coincidentally with the 
primary product, or is present in a raw material. An impurity does not 
serve a useful purpose in the production or use of the primary product 
and is not isolated.
    Initial start-up means the first time a new or reconstructed source 
begins production, or, for equipment added or changed as described in 
Sec. 63.100 (l) or (m) of this subpart, the first time the equipment is 
put into operation. Initial start-up does not include operation solely 
for testing equipment. For purposes of subpart G of this part, initial 
start-up does not include subsequent start-ups (as defined in this 
section) of chemical manufacturing process units following malfunctions 
or shutdowns or following changes in product for

[[Page 425]]

flexible operation units or following recharging of equipment in batch 
operation. For purposes of subpart H of this part, initial start-up does 
not include subsequent start-ups (as defined in Sec. 63.161 of subpart H 
of this part) of process units (as defined in Sec. 63.161 of subpart H 
of this part) following malfunctions or process unit shutdowns.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e, do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Maintenance wastewater means wastewater generated by the draining of 
process fluid from components in the chemical manufacturing process unit 
into an individual drain system prior to or during maintenance 
activities. Maintenance wastewater can be generated during planned and 
unplanned shutdowns and during periods not associated with a shutdown. 
Examples of activities that can generate maintenance wastewaters include 
descaling of heat exchanger tubing bundles, cleaning of distillation 
column traps, draining of low legs and high point bleeds, draining of 
pumps into an individual drain system, and draining of portions of the 
chemical manufacturing process unit for repair.
    Operating permit means a permit required by 40 CFR part 70 or 71.
    Organic hazardous air pollutant or organic HAP means one of the 
chemicals listed in table 2 of this subpart.
    Petroleum refining process, also referred to as a petroleum refining 
process unit, means a process that for the purpose of producing 
transportation fuels (such as gasoline and diesel fuels), heating fuels 
(such as fuel gas, distillate, and residual fuel oils), or lubricants 
separates petroleum or separates, cracks, or reforms unfinished 
derivatives. Examples of such units include, but are not limited to, 
alkylation units, catalytic hydrotreating, catalytic hydrorefining, 
catalytic hydrocracking, catalytic reforming, catalytic cracking, crude 
distillation, and thermal processes.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Process vent means a gas stream containing greater than 0.005 weight 
percent total organic hazardous air pollutants that is continuously 
discharged during operation of the unit from an air oxidation reactor, 
other reactor, or distillation unit (as defined in this section) within 
a chemical manufacturing process unit that meets all applicability 
criteria specified in Sec. 63.100(b)(1) through (b)(3) of this subpart. 
Process vents include vents from distillate receivers, product 
separators, and ejector-condensers. Process vents include gas streams 
that are either discharged directly to the atmosphere or are discharged 
to the atmosphere after diversion through a product recovery device. 
Process vents exclude relief valve discharges and leaks from equipment 
regulated under subpart H of this part.
    Process wastewater means wastewater which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, by-product, or waste product. Examples are product tank 
drawdown or feed tank drawdown; water formed during a chemical reaction 
or used as a reactant; water used to wash impurities from organic 
products or reactants; water used to cool or quench organic vapor 
streams through direct contact; and condensed steam from jet ejector 
systems pulling vacuum on vessels containing organics.
    Product means a compound or chemical which is manufactured as the 
intended product of the chemical manufacturing process unit. By-
products, isolated intermediates, impurities, wastes, and trace 
contaminants are not considered products.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
    Reactor means a device or vessel in which one or more chemicals or

[[Page 426]]

reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    Recovery device means an individual unit of equipment capable of and 
used for the purpose of recovering chemicals for use, reuse, or sale. 
Recovery devices include, but are not limited to, absorbers, carbon 
adsorbers, and condensers.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of operation of a chemical 
manufacturing process unit or a reactor, air oxidation reactor, 
distillation unit, or the emptying and degassing of a storage vessel for 
purposes including, but not limited to, periodic maintenance, 
replacement of equipment, or repair. Shutdown does not include the 
routine rinsing or washing of equipment in batch operation between 
batches.
    Source means the collection of emission points to which this subpart 
applies as determined by the criteria in Sec. 63.100 of this subpart. 
For purposes of subparts F, G, and H of this part, the term affected 
source as used in subpart A of this part has the same meaning as the 
term source defined here.
    Start-up means the setting into operation of a chemical 
manufacturing process unit for the purpose of production. Start-up does 
not include operation solely for testing equipment. Start-up does not 
include the recharging of equipment in batch operation. Start-up does 
not include changes in product for flexible operation units.
    Start-up, shutdown, and malfunction plan means the plan required 
under Sec. 63.6(e)(3) of subpart A of this part. This plan details the 
procedures for operation and maintenance of the source during periods of 
start-up, shutdown, and malfunction.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that contain one or more of the organic HAP's listed in 
table 2 of this subpart and that has been assigned, according to the 
procedures in Sec. 63.100(g) of this subpart, to a chemical 
manufacturing process unit that is subject to this subpart. Storage 
vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 38 cubic meters;
    (4) Vessels storing organic liquids that contain organic hazardous 
air pollutants only as impurities;
    (5) Bottoms receiver tanks;
    (6) Surge control vessels; or
    (7) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Transfer operation means the loading, into a tank truck or railcar, 
of organic liquids that contain one or more of the organic hazardous air 
pollutants listed in table 2 of this subpart from a transfer rack (as 
defined in this section). Transfer operations do not include loading at 
an operating pressure greater than 204.9 kilopascals.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are assigned to a chemical 
manufacturing process unit subject to this subpart according to the 
procedures specified in Sec. 63.100(h) of this subpart and are used to 
fill tank trucks and railcars with organic liquids that contain one or 
more of the organic hazardous air pollutants listed in table 2 of this 
subpart. Transfer rack includes the associated pumps, meters, shutoff 
valves, relief valves, and other piping and valves. Transfer rack does 
not include:

[[Page 427]]

    (1) Racks, arms, or hoses that only transfer liquids containing 
organic hazardous air pollutants as impurities;
    (2) Racks, arms, or hoses that vapor balance during all loading 
operations; or
    (3) Racks transferring organic liquids that contain organic 
hazardous air pollutants only as impurities.
    Unit operation means one or more pieces of process equipment used to 
make a single change to the physical or chemical characteristics of one 
or more process streams. Unit operations include, but are not limited 
to, reactors, distillation columns, extraction columns, absorbers, 
decanters, dryers, condensers, and filtration equipment.
    Vapor balancing system means a piping system that is designed to 
collect organic HAP vapors displaced from tank trucks or railcars during 
loading; and to route the collected organic HAP vapors to the storage 
vessel from which the liquid being loaded originated, or to compress 
collected organic HAP vapors and commingle with the raw feed of a 
chemical manufacturing process unit.
    Wastewater means organic hazardous air pollutant-containing water, 
raw material, intermediate, product, by- product, co-product, or waste 
material that exits equipment in a chemical manufacturing process unit 
that meets all of the criteria specified in Sec. 63.100(b)(1) through 
(b)(3) of this subpart; and either:
    (1) Contains a total volatile organic hazardous air pollutant 
concentration of at least 5 parts per million by weight and has a flow 
rate of 0.02 liter per minute or greater; or
    (2) Contains a total volatile organic hazardous air pollutant 
concentration of at least 10,000 parts per million by weight at any flow 
rate.

Wastewater includes process wastewater and maintenance wastewater.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 18024, Apr. 10, 1995; 
60 FR 63626, Dec. 12, 1995]



Sec. 63.102  General standards.

    (a) Owners and operators of sources subject to this subpart shall 
comply with the requirements of subparts G and H of this part.
    (1) The provisions set forth in subparts F and G of this part shall 
apply at all times except during periods of start-up, malfunction, and 
shutdown (as defined in Sec. 63.101 of this subpart). However, if a 
start-up, shutdown, or malfunction of one portion of a chemical 
manufacturing process unit does not affect the ability of a particular 
emission point to comply with the specific provisions to which it is 
subject, then that emission point shall still be required to comply with 
the applicable provisions of subparts F and G during the start-up, 
shutdown, or malfunction. For example, if there is an overpressure in 
the reactor area, a storage vessel in the chemical manufacturing process 
unit would still be required to be controlled in accordance with 
Sec. 63.119 of subpart G of this part. Similarly, the degassing of a 
storage vessel would not affect the ability of a process vent to meet 
the requirements of Sec. 63.113 of subpart G of this part.
    (2) The provisions set forth in subpart H of this part shall apply 
at all times except during periods of start-up, malfunction, and process 
unit shutdown (as defined in Sec. 63.161 of subpart H of this part).
    (b) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in organic HAP emissions 
at least equivalent to the reduction in organic HAP emissions from that 
source achieved under any design, equipment, work practice, or 
operational standards in subpart G or H of this part, the Administrator 
will publish in the Federal Register a notice permitting the use of the 
alternative means for purposes of compliance with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any notice under paragraph (b) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (3) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative

[[Page 428]]

means achieves equivalent emission reductions.
    (c) Each owner or operator of a source subject to this subpart shall 
obtain a permit under 40 CFR part 70 or part 71 from the appropriate 
permitting authority.
    (1) If the EPA has approved a State operating permit program under 
40 CFR Part 70, the permit shall be obtained from the State authority. 
If the State operating permit program has not been approved, the source 
shall apply to the EPA Regional Office.
    (2) If an operating permit application has not been submitted by the 
dates specified in Sec. 63.151(c) of subpart G of this part, the owner 
or operator shall submit an Implementation Plan as specified in 
Sec. 63.151 (c), (d), and (e) of subpart G of this part.
    (d) The requirements in subparts F, G, and H of this part are 
Federally enforceable under section 112 of the Act on and after the 
dates specified in Sec. 63.100(k) of this subpart.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995]



Sec. 63.103  General compliance, reporting, and recordkeeping provisions.

    (a) Table 3 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
sources subject to subparts F, G, and H of this part.
    (b) Initial performance tests and initial compliance determinations 
shall be required only as specified in subparts G and H of this part.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures in Sec. 63.7(a) of 
subpart A of this part and the applicable sections of subparts G and H 
of this part.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 calendar days before 
the performance test is scheduled to allow the Administrator the 
opportunity to have an observer present during the test.
    (3) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) of subpart A of this part, except that performance tests 
shall be conducted at maximum representative operating conditions for 
the process. During the performance test, an owner or operator may 
operate the control or recovery device at maximum or minimum 
representative operating conditions for monitored control or recovery 
device parameters, whichever results in lower emission reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable subpart or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (5) Performance tests may be waived with approval of the 
Administrator as specified in Sec. 63.7(h)(2) of subpart A of this part. 
Owners or operators of sources subject to subparts F, G, and H of this 
part who apply for a waiver of a performance test shall submit the 
application by the dates specified in paragraph (b)(5)(i) of this 
section rather than the dates specified in Sec. 63.7(h)(3) of subpart A 
of this part.
    (i) If a request is made for an extension of compliance under 
Sec. 63.151(a)(6) of subpart G or Sec. 63.6(i) of subpart A of this 
part, the application for a waiver of an initial performance test shall 
accompany the information required for the request for an extension of 
compliance. If no extension of compliance is requested, the application 
for a waiver of an initial performance test shall be submitted no later 
than 90 calendar days before the Notification of Compliance Status 
required in Sec. 63.152(b) of subpart G of this part is due to be 
submitted.
    (ii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the source performing the required test.
    (c) Each owner or operator of a source subject to subparts F, G, and 
H of this part shall keep copies of all applicable reports and records 
required by subparts F, G, and H of this part for at least 5 years; 
except that, if subparts G or H require records to be maintained for a 
time period different than 5 years, those records shall be maintained 
for the time specified in subpart G or H of this part.

[[Page 429]]

    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. The most recent 2 years of records shall 
be retained on site at the source or shall be accessible from a central 
location by computer. The remaining 3 years of records may be retained 
offsite. Records may be maintained in hard copy or computer-readable 
form including, but not limited to, on paper, microfilm, computer, 
floppy disk, magnetic tape, or microfiche.
    (2) The owner or operator subject to subparts F, G, and H of this 
part shall keep the records specified in this paragraph, as well as 
records specified in subparts G and H.
    (i) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of a chemical manufacturing 
process unit subject to subpart F, G, or H of this part.
    (ii) Records of the occurrence and duration of each malfunction of 
air pollution control equipment or continuous monitoring systems used to 
comply with subpart F, G, or H of this part.
    (iii) For each start-up, shutdown, and malfunction, records that the 
procedures specified in the source's start-up, shutdown, and malfunction 
plan were followed, and documentation of actions taken that are not 
consistent with the plan. For example, if a start-up, shutdown, and 
malfunction plan includes procedures for routing a control device to a 
backup control device (e.g., the incinerator for a halogenated stream 
could be routed to a flare during periods when the primary control 
device is out of service), records must be kept of whether the plan was 
followed.
    (iv) For continuous monitoring systems used to comply with subpart 
G, records documenting the completion of calibration checks and 
maintenance of continuous monitoring systems that are specified in the 
manufacturer's instructions.
    (3) Records of start-up, shutdown and malfunction and continuous 
monitoring system calibration and maintenance are not required if they 
pertain solely to Group 2 emission points, as defined in Sec. 63.111 of 
subpart G of this part, that are not included in an emissions average.
    (d) All reports required under subparts F, G, and H of this part 
shall be sent to the Administrator at the addresses listed in Sec. 63.13 
of subpart A of this part, except that requests for permission to use an 
alternative means of compliance as provided for in Sec. 63.102(b) of 
this subpart and application for approval of a nominal efficiency as 
provided for in Sec. 63.150 (i)(1) through (i)(6) of subpart G of this 
part shall be submitted to the Director of the EPA Office of Air Quality 
Planning and Standards rather than to the Administrator or delegated 
authority.
    (1) Wherever subpart A specifies ``postmark'' dates, submittals may 
be sent by methods other than the U.S. Mail (e.g., by fax or courier).
    (i) Submittals sent by U.S. Mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (e) The basis for the determination that a chemical manufacturing 
unit does not use as a reactant or manufacture as a product any organic 
hazardous air pollutant shall be documented. Examples of information 
that could document this include, but are not limited to, records of 
chemicals purchased for the process, analyses of process stream 
composition, engineering calculations, or process knowledge.
    (f) To qualify for the exemption specified in Sec. 63.100(b)(4) of 
this subpart, the owner or operator shall maintain the documentation of 
the information required pursuant to Sec. 63.100(b)(4)(i), and 
documentation of any update of this information requested by the EPA 
Regional Office, and shall provide the documentation to the EPA Regional 
Office upon request. The EPA Regional Office will notify the owner or 
operator, after reviewing such documentation, if the source does not 
qualify for the exemption specified in Sec. 63.100(b)(4) of this 
section. In such cases, compliance with subpart H shall be required no 
later than 90 days after expiration of the applicable compliance date in 
Sec. 63.100(k)(3), but in no event earlier

[[Page 430]]

than 90 days after the date of such notification by the EPA Regional 
Office. Compliance with subparts F and G shall be no later than April 
22, 1997, unless an extension has been granted by the EPA Regional 
Office or operating permit authority as provided in Sec. 63.6(i) of 
subpart A of this part.
    (g) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.100(k)(6)(i) or (ii) shall submit a compliance 
extension request to the appropriate EPA Regional Office no later than 
45 days before the applicable compliance date in Sec. 63.100(k)(3), but 
in no event is submittal required earlier than May 10, 1995. The request 
shall contain the information specified in Sec. 63.100(k)(5)(iv) and the 
reason compliance can not reasonably be achieved without a process unit 
shutdown, as defined in 40 CFR 63.161 or without replacement of the 
compressor or recasting of the distance piece.
    (h) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.100(k)(8) shall submit to the appropriate EPA 
Regional Office a brief description of the process change, identify the 
HAP eliminated, and the expected date of cessation of use or production 
of HAP. The description shall be submitted no later than May 10, 1995, 
or with the Notice of Compliance Status as required in Sec. 63.182(c) of 
subpart H, whichever is later.

[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
60 FR 18024, Apr. 10, 1995]



Sec. 63.104  Heat exchange system requirements.

    (a) Owners and operators of sources subject to subpart G of this 
part shall comply with the requirements specified in paragraphs (b) and 
(c) of this section.
    (b) For each heat exchange system that cools process equipment or a 
process fluid and that is part of a chemical manufacturing process unit 
that is subject to the provisions of this subpart, the owner or operator 
shall comply with the requirements of paragraphs (b)(1) through (b)(4) 
of this section, except as provided in paragraph (c) of this section.
    (1) The cooling water shall be monitored monthly for the first 6 
months and quarterly thereafter to detect leaks.
    (i) The cooling water shall be monitored for total HAP, total VOC, 
or speciated HAP's.
    (A) For recirculating heat exchange systems (cooling tower systems), 
speciated HAP's or total HAP's includes all HAP's listed in table 2 of 
this subpart, except for benzotrichloride (98077), 
bis(chloromethyl)ether (542881), maleic anhydride (108316), and methyl 
isocyanate (624839).
    (B) For once-through heat exchange systems, speciated HAP's or total 
HAP's includes all HAP's listed in table 9 of subpart G of this part.
    (C) Only HAP that are present in the process fluid in concentrations 
greater than 5 percent by weight are required to be measured in the 
cooling water.
    (ii) The concentration in the cooling water shall be determined 
using any EPA-approved method listed in 40 CFR part 136 as long as the 
method is sensitive to concentrations as low as 1 ppm and the same 
method is used for both entrance and exit samples. Alternative methods 
may be used upon approval by the Administrator.
    (iii) The samples shall be taken at the entrance and exit of each 
heat exchange system.
    (A) For recirculating heat exchange systems, the entrance and exit 
are the points at which the cooling water enters the cooling tower after 
cooling the process fluid and exits the cooling tower prior to cooling 
the process fluid.
    (B) For once-through heat exchange systems, the entrance and exit 
are the points where the cooling water enters and exits the plant site.
    (iv) A minimum of three sets of samples shall be taken of the 
cooling water at the entrance and exit of the system, for a total of six 
samples. The average inlet and outlet concentrations shall then be 
calculated.
    (v) A leak is detected if a statistically significant difference in 
concentration of at least 1 part per million at the 95 percent 
confidence level is observed.
    (2) If a leak is detected, the owner or operator shall comply with 
the requirements in paragraphs (b)(2)(i) and

[[Page 431]]

(b)(2)(ii) of this section, except as provided in paragraph (b)(3) of 
this section.
    (i) The leak shall be repaired as soon as practicable but not later 
than 45 calendar days after the owner or operator receives results of 
monitoring tests that indicate that a leak is present. Repair of a leak 
can include such activities as repairing a leaking heat exchanger or 
rerouting the waste from a steam jet ejector.
    (ii) Once the leak has been repaired, the owner or operator must 
test the heat exchange system using the procedures described in 
paragraph (b)(1) of this section to ensure that the leak has been 
repaired.
    (3) Delay of repair of heat exchange systems for which leaks have 
been detected is allowed if either of the conditions in paragraph 
(b)(3)(i) or (b)(3)(ii) of this section are met.
    (i) If the owner or operator can demonstrate that a shutdown would 
cause greater emissions than the emissions from the leaking heat 
exchange system until the next planned shutdown, a shutdown is not 
required. Repair of this equipment shall occur before the end of the 
next shutdown.
    (ii) If the equipment is isolated from the process and does not 
remain in HAP service.
    (4) If an owner or operator invokes the delay of repair provisions 
for a heat exchange system, the following information shall be submitted 
in the next semi-annual Periodic Report required by Sec. 63.152(c) of 
subpart G of this part. If the leak remains unrepaired, the information 
shall also be submitted in each subsequent periodic report, until repair 
of the leak is reported.
    (i) The owner or operator shall report the presence of the leak and 
the date that the leak was detected.
    (ii) The owner or operator shall report whether or not the leak has 
been repaired.
    (iii) The owner or operator shall report the reason(s) for delay of 
repair. If delay of repair is invoked due to the reasons described in 
paragraph (b)(3)(i) of this section, documentation of emissions 
estimates must also be submitted.
    (iv) If the leak remains unrepaired, the owner or operator shall 
report the expected date of repair.
    (v) If the leak is repaired, the owner or operator shall report the 
date of successful repair of the leak.
    (c) An owner or operator is not required to meet the requirements in 
paragraphs (b)(1) and (b)(2) of this section if either of the conditions 
in paragraph (c)(1) or (c)(2) of this section are met.
    (1) The heat exchange system is operated with the minimum pressure 
on the cooling water side at least 35 kilopascals greater than the 
maximum pressure on the process side.
    (2) The once-through heat exchange system currently has an NPDES 
permit with an allowable discharge limit of less than 1 ppm.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995]



Sec. 63.105  Maintenance wastewater requirements.

    (a) Each owner or operator of a source subject to this subpart shall 
comply with the requirements of paragraphs (b) through (e) of this 
section for maintenance wastewaters containing those organic HAP's 
listed in table 9 of subpart G of this part.
    (b) The owner or operator shall prepare a description of maintenance 
procedures for management of wastewaters generated from the emptying and 
purging of equipment in the process during temporary shutdowns for 
inspections, maintenance, and repair (i.e., a maintenance-turnaround) 
and during periods which are not shutdowns (i.e., routine maintenance). 
The descriptions shall:
    (1) Specify the process equipment or maintenance tasks that are 
anticipated to create wastewater during maintenance activities.
    (2) Specify the procedures that will be followed to properly manage 
the wastewater and control organic HAP emissions to the atmosphere; and
    (3) Specify the procedures to be followed when clearing materials 
from process equipment.
    (c) The owner or operator shall modify and update the information 
required by paragraph (b) of this section as needed following each 
maintenance

[[Page 432]]

procedure based on the actions taken and the wastewaters generated in 
the preceding maintenance procedure.
    (d) The owner or operator shall implement the procedures described 
in paragraphs (b) and (c) of this section as part of the start-up, 
shutdown, and malfunction plan required under Sec. 63.6(e)(3) of subpart 
A of this part.
    (e) The owner or operator shall maintain a record of the information 
required by paragraphs (b) and (c) of this section as part of the start-
up, shutdown, and malfunction plan required under Sec. 63.6(e)(3) of 
subpart A of this part.

[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995]



Sec. 63.106  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: 
Sec. 63.102(b) of this subpart, Sec. 63.150(i)(1) through (i)(4) of 
subpart G of this part, and Sec. 63.177 of subpart H of this part.

 Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry
                                Chemicals                               
------------------------------------------------------------------------
             Chemical name a               CAS No. b         Group      
------------------------------------------------------------------------
Acenaphthene............................        83329  V                
Acetal..................................       105577  V                
Acetaldehyde............................        75070  II               
Acetaldol...............................       107891  II               
Acetamide...............................        60355  II               
Acetanilide.............................       103844  II               
Acetic acid.............................        64197  II               
Acetic anhydride........................       108247  II               
Acetoacetanilide........................       102012  III              
Acetone.................................        67641  I                
Acetone cyanohydrin.....................        75865  V                
Acetonitrile............................        75058  I                
Acetophenone............................        98862  I                
Acrolein................................       107028  IV               
Acrylamide..............................        79061  I                
Acrylic acid............................        79107  IV               
Acrylonitrile...........................       107131  I                
Adiponitrile............................       111693  I                
Alizarin................................        72480  V                
Alkyl anthraquinones....................          008  V                
Allyl alcohol...........................       107186  I                
Allyl chloride..........................       107051  IV               
Allyl cyanide...........................       109751  IV               
Aminophenol sulfonic acid...............         0010  V                
Aminophenol (p-)........................       123308  I                
Aniline.................................        62533  I                
Aniline hydrochloride...................       142041  III              
Anisidine (o-)..........................        90040  II               
Anthracene..............................       120127  V                
Anthraquinone...........................        84651  III              
Azobenzene..............................       103333  I                
Benzaldehyde............................       100527  III              
Benzene.................................        71432  I                
Benzenedisulfonic acid..................        98486  I                
Benzenesulfonic acid....................        98113  I                
Benzil..................................       134816  III              
Benzilic acid...........................        76937  III              
Benzoic acid............................        65850  III              
Benzoin.................................       119539  III              
Benzonitrile............................       100470  III              
Benzophenone............................       119619  I                
Benzotrichloride........................        98077  III              
Benzoyl chloride........................        98884  III              
Benzyl acetate..........................       140114  III              
Benzyl alcohol..........................       100516  III              
Benzyl benzoate.........................       120514  III              
Benzyl chloride.........................       100447  III              
Benzyl dichloride.......................        98873  III              
Biphenyl................................        92524  I                
Bisphenol A.............................        80057  III              
Bis(Chloromethyl) Ether.................       542881  I                
Bromobenzene............................       108861  I                
Bromoform...............................        75252  V                
Bromonaphthalene........................     27497514  IV               
Butadiene (1,3-)........................       106990  II               
Butanediol (1,4-).......................       110634  I                
Butyl acrylate (n-).....................       141322  V                
Butylene glycol (1,3-)..................       107880  II               
Butyrolactone...........................        96480  I                
Caprolactam.............................       105602  II               
Carbaryl................................        63252  V                
Carbazole...............................        86748  V                
Carbon disulfide........................        75150  IV               
Carbon tetrabromide.....................       558134  II               
Carbon tetrachloride....................        56235  I                
Carbon tetrafluoride....................        75730  II               
Chloral.................................        75876  II               
Chloroacetic acid.......................        79118  II               
Chloroacetophenone (2-).................       532274  I                
Chloroaniline (p-)......................       106478  II               
Chlorobenzene...........................       108907  I                
2-Chloro-1,3-butadiene (Chloroprene)....       126998  II               
Chlorodifluoroethane....................     25497294  V                
Chlorodifluoromethane...................        75456  I                
Chloroform..............................        67663  I                
Chloronaphthalene.......................     25586430  IV               
Chloronitrobenzene                             121733  I                
  (m-).                                                                 
Chloronitrobenzene                              88733  I                
  (o-).                                                                 
Chloronitrobenzene                             100005  I                
  (p-).                                                                 
Chlorophenol (m-).......................       108430  II               
Chlorophenol (o-).......................        95578  II               
Chlorophenol (p-).......................       106489  II               
Chlorotoluene (m-)......................       108418  III              
Chlorotoluene (o-)......................        95498  III              
Chlorotoluene (p-)......................       106434  III              
Chlorotrifluoromethane..................        75729  II               
Chrysene................................       218019  V                
Cresol and cresylic acid (m-)...........       108394  III              
Cresol and cresylic acid (o-)...........        95487  III              
Cresol and cresylic acid (p-)...........       106445  III              
Cresols and cresylic acids (mixed)......      1319773  III              
Cumene..................................        98828  I                
Cumene hydroperoxide....................        80159  I                
Cyanoacetic acid........................       372098  II               

[[Page 433]]

                                                                        
Cyclohexane.............................       110827  I                
Cyclohexanol............................       108930  I                
Cyclohexanone...........................       108941  I                
Cyclohexylamine.........................       108918  III              
Cyclooctadienes.........................     29965977  II               
Decahydronaphthalene....................        91178  IV               
Diacetoxy-2-Butene (1,4-)...............         0012  V                
Diaminophenol hydrochloride.............       137097  V                
Dibromomethane..........................        74953  V                
Dichloroaniline (mixed isomers).........     27134276  I                
Dichlorobenzene (p-)....................       106467  I                
Dichlorobenzene (m-)....................       541731  I                
Dichlorobenzene (o-)....................        95501  I                
 Dichlorobenzidine                              91941  I                
  (3,3'-).                                                              
Dichlorodifluoromethane.................        75718  I                
Dichloroethane (1,2-)                          107062  I                
 (Ethylenedichloride) (EDC).                                            
Dichloroethyl ether (bis(2-                    111444  I                
 chloroethyl)ether).                                                    
Dichloroethylene (1,2-).................       540590  II               
Dichlorophenol (2,4-)...................       120832  III              
Dichloropropene (1,3-)..................       542756  II               
Dichlorotetrafluoro-                          1320372  V                
  ethane.                                                               
Dichloro-1-butene (3,4-)................       760236  II               
Dichloro-2-butene (1,4-)................       764410  V                
Diethanolamine (2,2'-Iminodiethanol)....       111422  I                
Diethyl sulfate.........................        64675  II               
Diethylamine............................       109897  IV               
Diethylaniline (2,6-)...................       579668  V                
Diethylene glycol.......................       111466  I                
Diethylene glycol dibutyl ether.........       112732  I                
Diethylene glycol diethyl ether.........       112367  I                
Diethylene glycol dimethyl ether........       111966  I                
Diethylene glycol monobutyl ether              124174  I                
 acetate.                                                               
Diethylene glycol monobutyl ether.......       112345  I                
Diethylene glycol monoethyl ether              112152  I                
 acetate.                                                               
Diethylene glycol monoethyl ether.......       111900  I                
Diethylene glycol monohexyl ether.......       112594  V                
Diethylene glycol monomethyl ether             629389  V                
 acetate.                                                               
Diethylene glycol monomethyl ether......       111773  I                
Dihydroxybenzoic acid (Resorcylic acid).     27138574  V                
 Dimethylbenzidine                             119937  II               
  (3,3'-).                                                              
Dimethyl ether..........................       115106  IV               
Dimethylformamide (N,N-)................        68122  II               
 Dimethylhydrazine                              57147  II               
  (1,1-).                                                               
Dimethyl sulfate........................        77781  I                
Dimethyl terephthalate..................       120616  II               
Dimethylamine...........................       124403  IV               
Dimethylaminoethanol (2-)...............       108010  I                
Dimethylaniline (N,N')..................       121697  III              
Dinitrobenzenes (NOS) c.................     25154545  I                
Dinitrophenol (2,4-)....................        51285  III              
Dinitrotoluene (2,4-)...................       121142  III              
Dioxane (1,4-) (1,4-Diethyleneoxide)....         1239  11I              
Dioxolane (1,3-)........................       646060  I                
Diphenyl methane........................       101815  I                
Diphenyl oxide..........................       101848  I                
Diphenyl thiourea.......................       102089  III              
Diphenylamine...........................       122394  III              
Dipropylene glycol......................       110985  I                
Di-o-tolyguanidine......................        97392  III              
Dodecanedioic acid......................       693232  I                
Dodecyl benzene (branched)..............       123013  V                
Dodecyl phenol (branched)...............    121158585  V                
Dodecylaniline..........................     28675174  V                
Dodecylbenzene (n-).....................       121013  I                
Dodecylphenol...........................     27193868  III              
Epichlorohydrin (1-chloro-2,3-                 106898  I                
 epoxypropane).                                                         
Ethanolamine............................       141435  I                
Ethyl acrylate..........................       140885  II               
Ethylbenzene............................       100414  I                
Ethyl chloride (Chloroethane)...........        75003  IV               
Ethyl chloroacetate.....................       105395  II               
Ethylamine..............................        75047  V                
Ethylaniline (N-).......................       103695  III              
Ethylaniline (o-).......................       578541  III              
Ethylcellulose..........................      9004573  V                
Ethylcyanoacetate.......................       105566  V                
Ethylene carbonate......................        96491  I                
Ethylene dibromide (Dibromoethane)......       106934  I                
Ethylene glycol.........................       107211  I                
Ethylene glycol diacetate...............       111557  I                
Ethylene glycol dibutyl ether...........       112481  V                
 Ethylene glycol diethyl ether                 629141  I                
  (1,2-diethoxyethane).                                                 
 Ethylene glycol                               110714  I                
  dimethyl ether                                                        
Ethylene glycol monoacetate.............       542596  V                
 Ethylene glycol monobutyl ether               112072  I                
  acetate.                                                              
Ethylene glycol monobutyl ether.........       111762  I                
 Ethylene glycol monoethyl ether               111159  I                
  acetate.                                                              
Ethylene glycol monoethyl ether.........       110805  I                
Ethylene glycol monohexyl ether.........       112254  V                
Ethylene glycol monomethyl ether acetate       110496  I                
Ethylene glycol monomethyl ether........       109864  I                
Ethylene glycol monooctyl ether.........          002  V                
Ethylene glycol monophenyl ether........       122996  I                
Ethylene glycol monopropyl ether........      2807309  I                
Ethylene oxide..........................        75218  I                
Ethylenediamine.........................       107153  II               
Ethylenediamine tetraacetic acid........        60004  V                
Ethylenimine (Aziridine)................       151564  II               
Ethylhexyl acrylate (2-isomer)..........       103117  II               
Fluoranthene............................       206440  V                
Formaldehyde............................        50000  I                
Formamide...............................        75127  II               
Formic acid.............................        64186  II               
Fumaric acid............................       110178  I                
Glutaraldehyde..........................       111308  IV               
Glyceraldehyde..........................       367475  V                
Glycerol................................        56815  II               
Glycine.................................        56406  II               
Glyoxal.................................       107222  II               
Hexachlorobenzene.......................       118741  II               
Hexachlorobutadiene.....................        87683  II               
Hexachloroethane........................        67721  II               
Hexadiene (1,4-)........................       592450  II               
 Hexamethylene-                                100970  I                
  tetramine.                                                            
Hexane..................................       110543  V                
Hexanetriol (1,2,6-)....................       106694  IV               
Hydroquinone............................       123319  I                
Hydroxyadipaldehyde.....................       141311  V                
Isobutyl acrylate.......................       106638  V                
Isobutylene.............................       115117  V                
Isophorone..............................        78591  IV               
Isophorone nitrile......................         0017  V                
Isophthalic acid........................       121915  III              

[[Page 434]]

                                                                        
Isopropylphenol.........................     25168063  III              
Linear alkylbenzene.....................        ____d  I                
Maleic anhydride........................       108316  I                
Maleic hydrazide........................       123331  I                
Malic acid..............................      6915157  I                
Metanilic acid..........................       121471  I                
Methacrylic acid........................        79414  V                
Methanol................................        67561  IV               
Methionine..............................        63683  I                
Methyl acetate..........................        79209  IV               
Methyl acrylate.........................        96333  V                
Methyl bromide (Bromomethane)...........        74839  IV               
Methyl chloride (Chloromethane).........        74873  IV               
Methyl ethyl ketone (2-butanone)........        78933  V                
Methyl formate..........................       107313  II               
Methyl hydrazine........................        60344  IV               
Methyl isobutyl carbinol................       108112  IV               
Methyl isobutyl ketone (Hexone).........       108101  IV               
Methyl isocyanate.......................       624839  IV               
Methyl mercaptan........................        74931  IV               
Methyl methacrylate.....................        80626  IV               
Methyl phenyl carbinol..................        98851  II               
Methyl tert-butyl ether.................      1634044  V                
Methylamine.............................        74895  IV               
Methylaniline (N-)......................       100618  III              
Methylcyclohexane.......................       108872  III              
Methylcyclohexanol......................     25639423  V                
Methylcyclohexanone.....................      1331222  III              
Methylene chloride (Dichloromethane)....        75092  I                
Methylene dianiline (4,4'-isomer).......       101779  I                
Methylene diphenyl diisocyanate (4,4'-)        101688  III              
 (MDI).                                                                 
Methylionones (a-)......................        79696  V                
Methylpentynol..........................        77758  V                
Methylstyrene (a-)......................        98839  I                
Naphthalene.............................        91203  IV               
Naphthalene sulfonic acid (a-)..........        85472  IV               
Naphthalene sulfonic acid (b-)..........       120183  IV               
Naphthol (a-)...........................        90153  IV               
Naphthol (b-)...........................       135193  IV               
Naphtholsulfonic acid (1-)..............       567180  V                
Naphthylamine sulfonic acid (1,4-)......        84866  V                
Naphthylamine sulfonic acid (2,1-)......        81163  V                
Naphthylamine (1-)......................       134327  V                
Naphthylamine (2-)......................        91598  V                
Nitroaniline (m-).......................        99092  II               
Nitroaniline (o-).......................        88744  I                
Nitroanisole (o-).......................        91236  III              
Nitroanisole (p-).......................       100174  III              
Nitrobenzene............................        98953  I                
Nitronaphthalene (1-)...................        86577  IV               
Nitrophenol (p-)........................       100027  III              
Nitrophenol (o-)........................        88755  III              
Nitropropane (2-).......................        79469  II               
Nitrotoluene (all isomers)..............      1321126  III              
Nitrotoluene (o-).......................        88722  III              
Nitrotoluene (m-).......................        99081  III              
Nitrotoluene (p-).......................        99990  III              
Nitroxylene.............................     25168041  V                
Nonylbenzene (branched).................      1081772  V                
Nonylphenol.............................     25154523  V                
Octene-1................................       111660  I                
Octylphenol.............................     27193288  III              
Paraformaldehyde........................     30525894  I                
Paraldehyde.............................       123637  II               
Pentachlorophenol.......................        87865  III              
Pentaerythritol.........................       115775  I                
Peracetic acid..........................        79210  II               
Perchloromethyl mercaptan...............       594423  IV               
Phenanthrene............................        85018  V                
Phenetidine (p-)........................       156434  III              
Phenol..................................       108952  III              
Phenolphthalein.........................        77098  III              
Phenolsulfonic acids (all isomers)......      1333397  III              
Phenyl anthranilic acid (all isomers)...        91407  III              
Phenylenediamine (p-)...................       106503  I                
Phloroglucinol..........................       108736  III              
Phosgene................................        75445  IV               
Phthalic acid...........................        88993  III              
Phthalic anhydride......................        85449  III              
Phthalimide.............................        85416  III              
Phthalonitrile..........................        91156  III              
Picoline (b-)...........................       108996  II               
Piperazine..............................       110850  I                
Propiolactone (beta-)...................        57578  I                
Propionaldehyde.........................       123386  IV               
Propionic acid..........................        79094  I                
Propylene carbonate.....................       108327  V                
Propylene dichloride (1,2-                      78875  IV               
 dichloropropane).                                                      
Propylene glycol........................        57556  I                
Propylene glycol monomethyl ether.......       107982  I                
Propylene oxide.........................        75569  I                
Pyrene..................................       129000  V                
Pyridine................................       110861  II               
p-tert-Butyl toluene....................        98511  III              
Quinone.................................       106514  III              
Resorcinol..............................       108463  I                
Salicylic acid..........................        69727  III              
Sodium methoxide........................       124414  IV               
Sodium phenate..........................       139026  III              
Stilbene................................       588590  III              
Styrene.................................       100425  I                
Succinic acid...........................       110156  I                
Succinonitrile..........................       110612  I                
Sulfanilic acid.........................       121573  III              
Sulfolane...............................       126330  II               
Tartaric acid...........................       526830  I                
Terephthalic acid.......................       100210  II               
Tetrabromophthalic anhydride............       632791  III              
Tetrachlorobenzene (1,2,4,5-)...........        95943  I                
Tetrachloroethane (1,1,2,2-)............        79345  II               
Tetrachloroethylene (Perchloroethylene).       127184  I                
 Tetrachlorophthalic-                          117088  III              
  anhydride.                                                            
Tetraethyl lead.........................        78002  IV               
Tetraethylene glycol....................       112607  I                
 Tetraethylene-                                112572  V                
  pentamine.                                                            
Tetrahydrofuran.........................       109999  I                
Tetrahydronapthalene....................       119642  IV               
Tetrahydrophthalic anhydride............        85438  II               
 Tetramethylene-                               110601  II               
  diamine.                                                              
Tetramethylethylenediamine..............       110189  V                
Tetramethyllead.........................        75741  V                
Toluene.................................       108883  I                
Toluene 2,4 diamine.....................        95807  II               
Toluene 2,4 diisocyanate................       584849  II               
Toluene diisocyanates (mixture).........     26471625  II               
Toluene sulfonic acids..................       104154  III              
Toluenesulfonyl chloride................        98599  III              
Toluidine (o-)..........................        95534  II               
 Trichloroaniline-                             634935  III              
   (2,4,6-).                                                            
Trichlorobenzene (1,2,3-)...............        87616  V                
Trichlorobenzene (1,2,4-)...............       120821  I                
 Trichloroethane                                71556  II               

[[Page 435]]

                                                                        
  (1,1,1-)                                                              
Trichloroethane (1,1,2-) (Vinyl                 79005  II               
 trichloride).                                                          
Trichloroethylene.......................        79016  I                
Trichlorofluoromethane..................        75694  I                
 Trichlorophenol                                95954  I                
  (2,4,5-).                                                             
(1,1,2-) Trichloro                              76131  I                
  (1,2,2-) trifluoroethane.                                             
Triethanolamine.........................       102716  I                
Triethylamine...........................       121448  IV               
Triethylene glycol......................       112276  I                
 Triethylene glycol                            112492  I                
  dimethyl ether.                                                       
Triethylene glycol monoethyl ether......       112505  V                
Triethylene glycol monomethyl ether.....       112356  I                
Trimethylamine..........................        75503  IV               
Trimethylcyclohexanol...................       933482  IV               
 Trimethylcyclo-                              2408379  IV               
  hexanone.                                                             
 Trimethylcyclo-                             34216347  V                
  hexylamine.                                                           
Trimethylolpropane......................        77996  I                
Trimethylpentane (2,2,4-)...............       540841  V                
Tripropylene glycol.....................     24800440  V                
Vinyl acetate...........................       108054  II               
Vinyl chloride (Chloroethylene).........        75014  I                
Vinyl toluene...........................     25013154  III              
Vinylcyclohexene (4-)...................       100403  II               
 Vinylidene chloride                            75354  II               
  (1,1-dichloroethylene).                                               
Vinyl(N-)-pyrrolidone(2-)...............        88120  V                
Xanthates...............................       140896  V                
Xylene sulfonic acid....................     25321419  III              
Xylenes (NOS) c.........................      1330207  I                
Xylene (m-).............................       108383  I                
Xylene (o-).............................        95476  I                
Xylene (p-).............................       106423  I                
Xylenols (Mixed)........................      1300716  V                
Xylidene................................      1300738  III              
------------------------------------------------------------------------
a Isomer means all structural arrangements for the same number of atoms 
  of each element and does not mean salts, esters, or derivatives.      
b CAS Number = Chemical Abstract Service number.                        
c NOS = not otherwise specified.                                        
d No CAS number assigned.                                               


[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
61 FR 31439, June 20, 1996]

         Table 2 to Subpart F--Organic Hazardous Air Pollutants         
------------------------------------------------------------------------
                      Chemical name a,b                        CAS No.c 
------------------------------------------------------------------------
Acetaldehyde................................................       75070
Acetamide...................................................       60355
Acetonitrile................................................       75058
Acetophenone................................................       98862
Acrolein....................................................      107028
Acrylamide..................................................       79061
Acrylic acid................................................       79107
Acrylonitrile...............................................      107131
Allyl chloride..............................................      107051
Aniline.....................................................       62533
Anisidine (o-)..............................................       90040
Benzene.....................................................       71432
Benzotrichloride............................................       98077
Benzyl chloride.............................................      100447
Biphenyl....................................................       92524
Bis(chloromethyl)ether......................................      542881
Bromoform...................................................       75252
Butadiene (1,3-)............................................      106990
Caprolactam.................................................      105602
Carbon disulfide............................................       75150
Carbon tetrachloride........................................       56235
Chloroacetic acid...........................................       79118
Chloroacetophenone (2-).....................................      532274
Chlorobenzene...............................................      108907
2-Chloro-1,3-butadiene (Chloroprene)........................      126998
Chloroform..................................................       67663
Cresols and cresylic acids (mixed)..........................     1319773
Cresol and cresylic acid (o-)...............................       95487
Cresol and cresylic acid (m-)...............................      108394
Cresol and cresylic acid (p-)...............................      106445
Cumene......................................................       98828
Dichlorobenzene (p-)........................................      106467
Dichlorobenzidine (3,3'-)...................................       91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)...........      107062
 Dichloroethylether                                               111444
  (Bis(2-chloroethyl)                                                   
  ether).                                                               
Dichloropropene (1,3-)......................................      542756
 Diethanolamine (2,2'-                                            111422
  Iminodiethanol).                                                      
Dimethylaniline (N,N-)......................................      121697
Diethyl sulfate.............................................       64675
Dimethylbenzidine (3,3'-)...................................      119937
Dimethylformamide (N,N-)....................................       68122
Dimethylhydrazine (1,1-)....................................       57147
Dimethyl phthalate..........................................      131113
Dimethyl sulfate............................................       77781
Dinitrophenol (2,4-)........................................       51285
Dinitrotoluene (2,4-).......................................      121142
 Dioxane (1,4-)(1,4-                                              123911
  Diethyleneoxide).                                                     
1,2-Diphenylhydrazine.......................................      122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................      106898
Ethyl acrylate..............................................      140885
Ethylbenzene................................................      100414
Ethyl chloride (Chloroethane)...............................       75003
 Ethylene dibromide                                               106934
  (Dibromoethane).                                                      
Ethylene glycol.............................................      107211
Ethylene oxide..............................................       75218
 Ethylidene dichloride                                             75343
  (1,1-Dichloroethane).                                                 
Formaldehyde................................................       50000
Glycol ethers d                                                         
Hexachlorobenzene...........................................      118741
Hexachlorobutadiene.........................................       87683
Hexachloroethane............................................       67721
Hexane......................................................      110543
Hydroquinone................................................      123319
Isophorone..................................................       78591
Maleic anhydride............................................      108316
Methanol....................................................       67561
Methyl bromide (Bromomethane)...............................       74839
Methyl chloride (Chloromethane).............................       74873
 Methyl ethyl ketone                                               78933
  (2-Butanone).                                                         
Methyl hydrazine............................................       60344
Methyl isobutyl ketone (Hexone).............................      108101
Methyl isocyanate...........................................      624839
Methyl methacrylate.........................................       80626
Methyl tert-butyl ether.....................................     1634044
Methylene chloride (Dichloromethane)........................       75092
Methylene diphenyl diisocyanate (4,4'-) (MDI)...............      101688

[[Page 436]]

                                                                        
Methylenedianiline (4,4'-)..................................      101779
Naphthalene.................................................       91203
Nitrobenzene................................................       98953
Nitrophenol (p-)............................................      100027
Nitropropane (2-)...........................................       79469
Phenol......................................................      108952
Phenylenediamine (p-).......................................      106503
Phosgene....................................................       75445
Phthalic anhydride..........................................       85449
Polycyclic organic matter e                                             
Propiolactone (beta-).......................................       57578
Propionaldehyde.............................................      123386
 Propylene dichloride                                              78875
  (1,2-Dichloropropane).                                                
Propylene oxide.............................................       75569
Quinone.....................................................      106514
Styrene.....................................................      100425
Tetrachloroethane (1,1,2,2-)................................       79345
Tetrachloroethylene (Perchloroethylene).....................      127184
Toluene.....................................................      108883
Toluene diamine (2,4-)......................................       95807
Toluene diisocyanate (2,4-).................................      584849
Toluidine (o-)..............................................       95534
Trichlorobenzene (1,2,4-)...................................      120821
Trichloroethane (1,1,1-) (Methyl chloroform)................       71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................       79005
Trichloroethylene...........................................       79016
Trichlorophenol (2,4,5-)....................................       95954
Triethylamine...............................................      121448
Trimethylpentane (2,2,4-)...................................      540841
Vinyl acetate...............................................      108054
Vinyl chloride (chloroethylene).............................       75014
 Vinylidene chloride                                               75354
  (1,1-Dichloroethylene).                                               
Xylenes (NOS)...............................................     1330207
Xylene (m-).................................................      108383
Xylene (o-).................................................       95476
Xylene (p-).................................................     106423 
------------------------------------------------------------------------
a For all listings above containing the word ``Compounds'' and for      
  glycol ethers, the following applies: Unless otherwise specified,     
  these listings are defined as including any unique chemical substance 
  that contains the named chemical (i.e., antimony, arsenic) as part of 
  that chemical's infrastructure.                                       
b Isomer means all structural arrangements for the same number of atoms 
  of each element and does not mean salts, esters, or derivatives.      
c CAS Number=Chemical Abstract Service number.                          
d Includes mono- and di- ethers of ethylene glycol, diethylene glycol,  
  and triethylene glycol R-(OCH2CH2)n-OR' where:                        
    n=1, 2, or 3;                                                       
    R=alkyl or aryl groups; and                                         
    R'=R, H, or groups which, when removed, yield glycol ethers with the
  structure: R-(OCH2CH2)n-OH                                            
     Polymers are excluded from the glycol category.                    
e includes organic compounds with more than one benzene ring, and which 
  have a boiling point greater than or equal to 100  deg.C.             


[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994]

                Table 3 to Subpart F--General Provisions Applicability to Subparts F, G, and H a                
----------------------------------------------------------------------------------------------------------------
                                                             Applies to Subparts F, G,                          
                         Reference                                     and H                     Comment        
----------------------------------------------------------------------------------------------------------------
63.1(a)(1).................................................  Yes......................  Overlap clarified in    
                                                                                         Sec.  63.101, Sec.     
                                                                                         63.111, Sec.  63.161.  
63.1(a)(2).................................................  Yes.                                               
63.1(a)(3).................................................  Yes......................  Sec.  63.110 and Sec.   
                                                                                         63.160(b) of subparts G
                                                                                         and H identify which   
                                                                                         standards are          
                                                                                         overridden.            
63.1(a)(4).................................................  No.......................  Subpart F specifies     
                                                                                         applicability of each  
                                                                                         paragraph in subpart A 
                                                                                         to subparts F, G, and  
                                                                                         H.                     
63.1(a)(5)-(a)(9)..........................................  No.                                                
63.1(a)(10)................................................  No.......................  Subparts F, G, and H    
                                                                                         specify calendar or    
                                                                                         operating day.         
63.1(a)(11)................................................  No.......................  Subpart F Sec.          
                                                                                         63.103(d) specifies    
                                                                                         acceptable methods for 
                                                                                         submitting reports a.  
63.1(a)(12)-(a)(14)........................................  Yes.                                               
63.1(b)(1).................................................  No.......................  Subpart F specifies     
                                                                                         applicability.         
63.1(b)(2).................................................  Yes.                                               
63.1(b)(3).................................................  No.                                                
63.1(c)(1).................................................  No.......................  Subpart F specifies     
                                                                                         applicability.         
63.1(c)(2).................................................  No.......................  Area sources are not    
                                                                                         subject to subparts F, 
                                                                                         G, and H.              
63.1(c)(3).................................................  No.                                                
63.1(c)(4).................................................  Yes.                                               
63.1(c)(5).................................................  No.......................  Subparts G and H specify
                                                                                         applicable notification
                                                                                         requirements.          
63.1(d)....................................................  No.                                                
63.1(e)....................................................  No.......................  Subparts F, G, and H    
                                                                                         established before     
                                                                                         permit program.        
63.2.......................................................  Yes......................  Subpart F Sec.  63.103  
                                                                                         specifies those subpart
                                                                                         A definitions that     
                                                                                         apply to the HON.      
                                                                                         Subpart F definition of
                                                                                         ``source'' is          
                                                                                         equivalent to subpart A
                                                                                         definition of          
                                                                                         ``affected source''.   
63.3.......................................................  No.......................  Units of measure are    
                                                                                         spelled out in subparts
                                                                                         F, G, and H.           
63.4(a)(1)-(a)(3)..........................................  Yes.                                               
63.4(a)(4).................................................  No.                                                
63.4(a)(5).................................................  Yes.                                               
63.4(b)....................................................  Yes.                                               

[[Page 437]]

                                                                                                                
63.4(c)....................................................  Yes.                                               
63.5(a)(1).................................................  Yes......................  Except replace term     
                                                                                         ``source'' and         
                                                                                         ``stationary source''  
                                                                                         in Sec.  63.5(a)(1) of 
                                                                                         subpart A with         
                                                                                         ``affected source''.   
63.5(a)(2).................................................  Yes.                                               
63.5(b)(1).................................................  Yes.                                               
63.5(b)(2).................................................  No.                                                
63.5(b)(3).................................................  Yes.                                               
63.5(b)(4).................................................  Yes......................  Except the cross        
                                                                                         reference to Sec.      
                                                                                         63.9(b) is changed to  
                                                                                         Sec.  63.9(b) (4) and  
                                                                                         (5). Subpart F         
                                                                                         overrides Sec.  63.9   
                                                                                         (b)(2) and (b)(3).     
63.5(b)(5).................................................  Yes.                                               
63.5(b)(6).................................................  Yes.                                               
63.5(c)....................................................  No.                                                
63.5(d)(1)(i)..............................................  No.......................  Subpart G Sec.          
                                                                                         63.151(b) (2)(ii) and  
                                                                                         (2)(iii) specify the   
                                                                                         applicability and      
                                                                                         timing of this         
                                                                                         submittal for sources  
                                                                                         subject to subpart G.  
63.5(d)(1)(ii).............................................  Yes......................  Except that for affected
                                                                                         sources subject to     
                                                                                         subpart G instead of   
                                                                                         the information in Sec.
                                                                                          63.5(d)(1)(ii)(H),    
                                                                                         submit the             
                                                                                         implementation plan    
                                                                                         information specified  
                                                                                         in Sec.  63.151(e).    
63.5(d)(1)(iii)............................................  No.                        Subpart G requires      
                                                                                         submittal of the       
                                                                                         notification of        
                                                                                         compliance status in   
                                                                                         Sec.  63.152(b).       
63.5(d)(2).................................................  No.                                                
63.5(d)(3).................................................  Yes......................  Except Sec.             
                                                                                         63.5(d)(3)(ii) does not
                                                                                         apply to subpart G.    
63.5(d)(4).................................................  Yes.                                               
63.5(e)....................................................  Yes.                                               
63.5(f)(1).................................................  Yes.                                               
63.5(f)(2).................................................  Yes.                                               
63.5(f)(3).................................................  Yes......................  Except the cross-       
                                                                                         reference to Sec.      
                                                                                         63.5(d)(1) is changed  
                                                                                         to Sec.  63.151(b)(ii) 
                                                                                         of subpart G, and the  
                                                                                         cross-reference to     
                                                                                         (b)(2) does not apply. 
63.5(f)(4).................................................  Yes.                                               
63.6(a)....................................................  Yes.                                               
63.6(b)(1).................................................  No.......................  Subparts F and H specify
                                                                                         compliance dates for   
                                                                                         sources subject to     
                                                                                         subparts F, G, and H.  
63.6(b)(2).................................................  No.                                                
63.6(b)(3).................................................  Yes.                                               
63.6(b)(4).................................................  No.......................  May apply when standards
                                                                                         are proposed under     
                                                                                         section 112(f) of the  
                                                                                         Act.                   
63.6(b)(5).................................................  No.......................  Subparts G and H include
                                                                                         notification           
                                                                                         requirements.          
63.6(b)(6).................................................  No.                                                
63.6(b)(7).................................................  No.                                                
63.6(c)(1).................................................  No.......................  Subpart F specifies the 
                                                                                         compliance date.       
63.6(c)(2).................................................  No.                                                
63.6(c)(3).................................................  No.                                                
63.6(c)(4).................................................  No.                                                
63.6(c)(5).................................................  Yes.                                               
63.6(d)....................................................  No.                                                
63.6(e)....................................................  Yes......................  Does not apply to Group 
                                                                                         2 emission points      
                                                                                         unless they are        
                                                                                         included in an         
                                                                                         emissions average b.   
                                                                                         For subpart H, the     
                                                                                         startup, shutdown, and 
                                                                                         malfunction plan       
                                                                                         requirement of Sec.    
                                                                                         63.6(e)(3) is limited  
                                                                                         to control devices     
                                                                                         subject to the         
                                                                                         provisions of subpart H
                                                                                         and is optional for    
                                                                                         other equipment subject
                                                                                         to subpart H. The      
                                                                                         startup, shutdown, and 
                                                                                         malfunction plan may   
                                                                                         include written        
                                                                                         procedures that        
                                                                                         identify conditions    
                                                                                         that justify a delay of
                                                                                         repair.                
63.6(f)(1).................................................  No.......................  Sec.  63.102(a) of      
                                                                                         subpart F specifies    
                                                                                         when the standards     
                                                                                         apply.                 
63.6(f)(2)(i)..............................................  Yes.                                               
63.6(f)(2)(ii).............................................  Yes......................  Sec.  63.151(c)(2) of   
                                                                                         subpart G specifies the
                                                                                         use of monitoring data 
                                                                                         in determining         
                                                                                         compliance with subpart
                                                                                         G.                     
63.6(f)(2)(iii) (A), (B), and (C)..........................  Yes.                                               
63.6(f)(2)(iii)(D).........................................  No.                                                
63.6(f)(2)(iv).............................................  Yes.                                               

[[Page 438]]

                                                                                                                
63.6(f)(2)(v)..............................................  Yes.                                               
63.6(f)(3).................................................  Yes.                                               
63.6(g)....................................................  No.......................  Procedures specified in 
                                                                                         Sec.  63.102(b) of     
                                                                                         subpart F.             
63.6(h)....................................................  No.                                                
63.6(i)(1).................................................  Yes.                                               
63.6(i)(2).................................................  Yes.                                               
63.6(i)(3).................................................  No.......................  Sec.  63.151(a)(6) of   
                                                                                         subpart G specifies    
                                                                                         procedures.            
63.6(i)(4)(i)(A)...........................................  Yes.                                               
63.6(i)(4)(i)(B)...........................................  No.......................  Dates are specified in  
                                                                                         Sec.  63.151(a)(6) of  
                                                                                         subpart G.             
63.6(i)(4)(ii).............................................  No.                                                
63.6(i)(5)-(14)............................................  Yes.                                               
63.6(i)(15)................................................  No.                                                
63.6(i)(16)................................................  Yes.                                               
63.6(j)....................................................  Yes.                                               
63.7(a)(1).................................................  No.......................  Subparts F, G, and H    
                                                                                         specify required       
                                                                                         testing and compliance 
                                                                                         demonstration          
                                                                                         procedures.            
63.7(a)(2).................................................  No.......................  Test results must be    
                                                                                         submitted in the       
                                                                                         notification of        
                                                                                         compliance status due  
                                                                                         150 days after         
                                                                                         compliance date, as    
                                                                                         specified in Sec.      
                                                                                         63.152(b) of subparts G
                                                                                         and H.                 
63.7(a)(3).................................................  Yes.                                               
63.7(b)....................................................  No.                                                
63.7(c)....................................................  No.                                                
63.7(d)....................................................  Yes.                                               
63.7(e)(1).................................................  Yes.                                               
63.7(e)(2).................................................  Yes.                                               
63.7(e)(3).................................................  No.......................  Subparts F, G, and H    
                                                                                         specify test methods   
                                                                                         and procedures.        
63.7(e)(4).................................................  Yes.                                               
63.7(f)....................................................  No.......................  Subparts F, G, and H    
                                                                                         specify applicable     
                                                                                         methods and provide    
                                                                                         alternatives.          
63.7(g)....................................................  No.......................  Performance test        
                                                                                         reporting specified in 
                                                                                         Sec.  63.152(b) of     
                                                                                         subparts G and H.      
63.7(h)(1).................................................  Yes.                                               
63.7(h)(2).................................................  Yes.                                               
63.7(h)(3).................................................  No.......................  Sec.  63.103(b)(5) of   
                                                                                         subpart F specifies    
                                                                                         provisions for requests
                                                                                         to waive performance   
                                                                                         tests.                 
63.7(h)(4).................................................  No.                                                
63.7(h)(5).................................................  Yes.                                               
63.8(a)(1).................................................  Yes.                                               
63.8(a)(2).................................................  No.                                                
63.8(a)(3).................................................  No.                                                
63.8(a)(4).................................................  Yes.                                               
63.8(b)(1).................................................  Yes.                                               
63.8(b)(2).................................................  No.......................  Subparts G and H specify
                                                                                         locations to conduct   
                                                                                         monitoring.            
63.8(b)(3).................................................  Yes.                                               
63.8(c)(1)(i)..............................................  Yes.                                               
63.8(c)(1)(ii).............................................  No.......................  Addressed by periodic   
                                                                                         reports in Sec.        
                                                                                         63.152(c) of subpart G.
63.8(c)(1)(iii)............................................  Yes.                                               
63.8(c)(2).................................................  Yes.                                               
63.8(c)(3).................................................  Yes.                                               
63.8(c)(4).................................................  No.......................  HON specifies monitoring
                                                                                         frequency in Sec.      
                                                                                         63.111 and Sec.        
                                                                                         63.152(f) of subpart G.
63.8(c)(5)-(c)(8)..........................................  No.                                                
63.8(d)....................................................  No.                                                
63.8(e)....................................................  No.                                                
63.8(f)(1)-(f)(3)..........................................  Yes.                                               
63.8(f)(4)(i)..............................................  No.......................  Timeframe for submitting
                                                                                         request specified in   
                                                                                         Sec.  63.152(g)(1) of  
                                                                                         subpart G.             
63.8(f)(4)(ii).............................................  Yes.                                               
63.8(f)(4)(iii)............................................  No.                                                
63.8(f)(5)(i)..............................................  Yes.                                               
63.8(f)(5)(ii).............................................  No.                                                
63.8(f)(5)(iii)............................................  Yes.                                               
63.8(f)(6).................................................  No.......................  Subparts G and H do not 
                                                                                         require CEM's.         
63.8(g)....................................................  No.......................  Data reduction          
                                                                                         procedures specified in
                                                                                         Sec.  63.152(f) of     
                                                                                         subpart G.             

[[Page 439]]

                                                                                                                
63.9(a)....................................................  Yes.                                               
63.9(b)(1)(i)..............................................  No.......................  Specified in Sec.       
                                                                                         63.151(b)(2)(ii) of    
                                                                                         subpart G.             
63.9(b)(1)(ii).............................................  No.                                                
63.9(b)(2).................................................  No.......................  Initial notification    
                                                                                         provisions are         
                                                                                         specified in Sec.      
                                                                                         63.151(b) of subpart G.
63.9(b)(3).................................................  No.                                                
63.9(b)(4).................................................  Yes......................  Except that the         
                                                                                         notification in Sec.   
                                                                                         63.9(b)(4)(i) shall be 
                                                                                         submitted at the time  
                                                                                         specified in Sec.      
                                                                                         63.151(b)(2)(ii) of    
                                                                                         subpart G.             
63.9(b)(5).................................................  Yes......................  Except that the         
                                                                                         notification in Sec.   
                                                                                         63.9(b)(5) shall be    
                                                                                         submitted at the time  
                                                                                         specified in Sec.      
                                                                                         63.151(b)(2)(ii) of    
                                                                                         subpart G.             
63.9(c)....................................................  Yes.                                               
63.9(d)....................................................  Yes.                                               
63.9(e)....................................................  No.                                                
63.9(f)....................................................  No.                                                
63.9(g)....................................................  No.                                                
63.9(h)....................................................  No.......................  Sec.  63.152(b) of      
                                                                                         subpart G specifies    
                                                                                         notification of        
                                                                                         compliance status      
                                                                                         requirements.          
63.9(i)....................................................  Yes.                                               
63.9(j)....................................................  No.                                                
63.10(a)...................................................  Yes.                                               
63.10(b)(1)................................................  No.......................  Sec.  63.103(c) of      
                                                                                         subpart F specifies    
                                                                                         record retention       
                                                                                         requirements.          
63.10(b)(2)................................................  No.......................  Sec.  63.103(c) of      
                                                                                         subpart F specifies    
                                                                                         required records.      
63.10(b)(3)................................................  No.                                                
63.10(c)...................................................  No.                                                
63.10(d)(1)................................................  No.                                                
63.10(d)(2)................................................  No.......................  Sec.  63.152(b) of      
                                                                                         subpart F specifies    
                                                                                         performance test       
                                                                                         reporting.             
63.10(d)(3)................................................  No.                                                
63.10(d)(4)................................................  Yes......................                          
63.10(d)(5)(i).............................................  Yes......................  Except that reports     
                                                                                         required by Sec.       
                                                                                         63.10(d)(5)(i) shall be
                                                                                         submitted at the time  
                                                                                         specified in Sec.      
                                                                                         63.152(c) of subpart G.
63.10(d)(5)(ii)............................................  Yes.                                               
63.10(e)...................................................  No.                                                
63.10(f)...................................................  Yes.                                               
63.11-63.15................................................  Yes.                                               
----------------------------------------------------------------------------------------------------------------
a Wherever subpart A specifies ``postmark'' dates, submittals may be sent by methods other than the U.S. Mail   
  (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is not necessarily 
  required.                                                                                                     
b The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission  
  points unless they are included in an emissions average.                                                      


[59 FR 19454, Apr. 22, 1994, as amended at 60 FR 18029, Apr. 10, 1995]



    Subpart G--National Emission Standards for Organic Hazardous Air 
 Pollutants From the Synthetic Organic Chemical Manufacturing Industry 
 for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

    Source: 59 FR 19468, Apr. 22, 1994, unless otherwise noted.



Sec. 63.110  Applicability.

    (a) This subpart applies to all process vents, storage vessels, 
transfer racks, and wastewater streams within a source subject to 
subpart F of this part.
    (b) Overlap with other regulations for storage vessels. (1) After 
the compliance dates specified in Sec. 63.100 of subpart F of this part, 
a Group 1 or Group 2 storage vessel that is also subject to the 
provisions of 40 CFR part 60, subpart Kb is required to comply only with 
the provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, a Group 1 storage vessel that is also

[[Page 440]]

subject to the provisions of 40 CFR part 61, subpart Y is required to 
comply only with the provisions of this subpart.
    (3) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, a Group 2 storage vessel that is also subject to the 
provisions of 40 CFR part 61, subpart Y is required to comply only with 
the provisions of 40 CFR part 61, subpart Y. The recordkeeping and 
reporting requirements of 40 CFR part 61, subpart Y will be accepted as 
compliance with the recordkeeping and reporting requirements of this 
subpart.
    (c) Overlap with other regulations for transfer racks. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, a 
Group 1 transfer rack that is also subject to the provisions of 40 CFR 
part 61, subpart BB is required to comply only with the provisions of 
this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, a Group 2 transfer rack that is also subject to the 
provisions of 40 CFR part 61, subpart BB is required to comply with the 
provisions of either paragraph (c)(2)(i) or (c)(2)(ii) of this subpart.
    (i) If the transfer rack is subject to the control requirements 
specified in Sec. 61.302 of 40 CFR part 61, subpart BB, then the 
transfer rack is required to comply with the control requirements of 
Sec. 61.302 of 40 CFR part 61, subpart BB. The owner or operator may 
elect to comply with either the associated testing, monitoring, 
reporting, and recordkeeping requirements of 40 CFR part 61, subpart BB 
or with the testing, monitoring, recordkeeping, and reporting 
requirements specified in this subpart for Group 1 transfer racks. The 
owner or operator shall indicate this decision in either the 
Notification of Compliance Status specified in Sec. 63.152(b) of this 
subpart or in an operating permit application or amendment.
    (ii) If the transfer rack is subject only to reporting and 
recordkeeping requirements under 40 CFR part 61, subpart BB, then the 
transfer rack is required to comply only with the reporting and 
recordkeeping requirements specified in this subpart for Group 2 
transfer racks and is exempt from the reporting and recordkeeping 
requirements in 40 CFR part 61, subpart BB.
    (d) Overlap with other regulations for process vents. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, a 
Group 1 process vent that is also subject to the provisions of 40 CFR 
part 60, subpart III is required to comply only with the provisions of 
this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart III shall 
determine requirements according to paragraphs (d)(2)(i) and (d)(2)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart III, the process 
vent is required to comply with the provisions in paragraphs 
(d)(2)(i)(A) through (d)(2)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.612 of 40 CFR part 60, 
subpart III. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60, subpart III or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60, subpart 
III, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) of this 
section.

[[Page 441]]

    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart III for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart III require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart III require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60, subpart III for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (3) After the compliance dates specified in 63.100 of subpart F of 
this part, if an owner or operator of a process vent subject to this 
subpart that is also subject to the provisions of 40 CFR part 60, 
subpart III elects to control the process vent to the levels required in 
Sec. 63.113 (a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions of 
this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 60, subpart III.
    (4) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, a Group 1 process vent that is also subject to the 
provisions of 40 CFR part 60, subpart NNN is required to comply only 
with the provisions of this subpart.
    (5) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart NNN shall 
determine requirements according to paragraphs (d)(5)(i) and (d)(5)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart NNN, the process 
vent is required to comply with the provisions in paragraphs 
(d)(5)(i)(A) through (d)(5)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.662 of 40 CFR part 60, 
subpart NNN. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60, subpart NNN or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60, subpart 
NNN, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart NNN for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart NNN

[[Page 442]]

require continuous monitoring of recovery device operating parameters, 
the process vent is required to comply only with the provisions that are 
specified in this subpart for continuous monitoring of recovery device 
operating parameters and the associated testing, reporting, and 
recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart NNN require 
continuous monitoring of recovery device operating parameters, the 
process vent is required to comply only with the provisions that are 
specified in 40 CFR part 60, subpart NNN for continuous monitoring of 
recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (6) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, if an owner or operator of a process vent subject to this 
subpart that is also subject to the provisions of 40 CFR part 60, 
subpart NNN elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions of 
this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 60, subpart NNN.
    (7) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, a Group 1 process vent that is also subject to the 
provisions of 40 CFR part 60, subpart RRR is required to comply only 
with the provisions of this subpart.
    (8) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, the owner or operator of a Group 2 process vent that is 
also subject to the provisions of 40 CFR part 60, subpart RRR shall 
determine requirements according to paragraphs (d)(8)(i) and (d)(8)(ii) 
of this section.
    (i) If the Group 2 process vent has a TRE value less than 1 as 
determined by the procedures in 40 CFR part 60, subpart RRR, the process 
vent is required to comply with the provisions in paragraphs 
(d)(8)(i)(A) through (d)(8)(i)(C) of this section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting; and
    (C) The control requirements in Sec. 60.702 of 40 CFR part 60, 
subpart RRR. The owner or operator may elect to comply with either the 
associated testing, monitoring, reporting, and recordkeeping 
requirements of 40 CFR part 60, subpart RRR or with the testing, 
monitoring, reporting, and recordkeeping requirements specified in this 
subpart for Group 1 process vents. The owner or operator shall indicate 
this decision in either the Notification of Compliance Status specified 
in Sec. 63.152(b) of this subpart or in an operating permit application 
or amendment.
    (ii) If the Group 2 process vent has a TRE value greater than or 
equal to 1 as determined by the procedures in 40 CFR part 60, subpart 
RRR, the process vent is required to comply only with the provisions 
specified in paragraphs (d)(8)(ii)(A) through (d)(8)(ii)(D) of this 
section.
    (A) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for applicability determination and the associated 
recordkeeping and reporting;
    (B) The provisions in both this subpart and in 40 CFR part 60, 
subpart RRR for process changes and recalculation of the TRE index value 
and the associated recordkeeping and reporting;
    (C) If the provisions of both this subpart and 40 CFR part 60, 
subpart RRR require continuous monitoring of recovery device operating 
parameters, the process vent is required to comply only with the 
provisions that are specified in this subpart for continuous monitoring 
of recovery device operating parameters and the associated testing, 
reporting, and recordkeeping.
    (D) If only the provisions of 40 CFR part 60, subpart RRR require 
continuous monitoring of recovery device operating parameters, the 
process vent is

[[Page 443]]

required to comply only with the provisions that are specified in 40 CFR 
part 60, subpart RRR for continuous monitoring of recovery device 
operating parameters and the associated testing, reporting, and 
recordkeeping.
    (9) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, if an owner or operator of a process vent subject to this 
subpart that is also subject to the provisions of 40 CFR part 60, 
subpart RRR elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions of 
this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 60, subpart RRR.
    (e) Overlap with other regulations for wastewater. (1) After the 
compliance dates specified in Sec. 63.100 of subpart F of this part, a 
Group 1 or Group 2 wastewater stream that is also subject to the 
provisions of 40 CFR part 61, subpart FF is required to comply with the 
provisions of both this subpart and 40 CFR part 61, subpart FF.
    (2) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, the owner or operator of any Group 1 or Group 2 wastewater 
stream that is also subject to provisions in 40 CFR parts 260 through 
272 shall comply with the requirements of either paragraph (e)(2)(i) or 
(e)(2)(ii) of this section.
    (i) For each Group 1 or Group 2 wastewater stream, the owner or 
operator shall comply with the more stringent control requirements 
(e.g., waste management units, numerical treatment standards, etc.) and 
the more stringent testing, monitoring, recordkeeping, and reporting 
requirements that overlap between the provisions of this subpart and the 
provisions of 40 CFR parts 260 through 272. The owner or operator shall 
keep a record of the information used to determine which requirements 
were the most stringent and shall submit this information if requested 
by the Administrator; or
    (ii) The owner or operator shall submit as part of the 
Implementation Plan required by Sec. 63.151(c) of this subpart or as 
part of an operating permit application a request for a case-by-case 
determination of requirements. The request shall include the information 
specified in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.
    (A) Identification of the wastewater streams that are subject to 
this subpart and to provisions in 40 CFR parts 260 through 272, 
determination of the Group 1/Group 2 status of those streams, 
determination of whether or not those streams are listed or exhibit a 
characteristic as specified in 40 CFR part 261, and determination of 
whether the waste management unit is subject to permitting under 40 CFR 
part 270.
    (B) Identification of the specific control requirements (e.g., waste 
management units, numerical treatment standards, etc.) and testing, 
monitoring, recordkeeping, and reporting requirements that overlap 
between the provisions of this subpart and the provisions of 40 CFR 
parts 260 through 272.
    (f) Overlap with the Vinyl Chloride NESHAP. (1) After the compliance 
dates specified in Sec. 63.100 of subpart F of this part, the owner or 
operator of any Group 1 process vent that is also subject to the 
provisions of 40 CFR part 61, subpart F shall comply only with the 
provisions of this subpart.
    (2) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, the owner or operator of any Group 2 process vent that is 
also subject to the provisions of 40 CFR part 61, subpart F shall comply 
with the provisions specified in either paragraph (f)(2)(i) or 
(f)(2)(ii) of this subpart.
    (i) If the process vent is already controlled by a combustion device 
meeting the requirements of 40 CFR part 61, subpart F, then the owner or 
operator shall comply with either the associated testing, monitoring, 
reporting, and recordkeeping provisions for Group 1 process vents in 
this subpart or the testing, monitoring, reporting, and recordkeeping 
provisions of 40 CFR part 61, subpart F. The owner or operator shall 
indicate this decision in either the Notification of Compliance Status 
specified in Sec. 63.152(b) of this subpart or in an operating permit 
application or amendment.

[[Page 444]]

    (ii) If the process vent is not already controlled by a combustion 
device, then the owner or operator shall comply with the provisions of 
both this subpart and 40 CFR part 61, subpart F.
    (3) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, if an owner or operator of a process vent subject to this 
subpart that is also subject to the provisions of 40 CFR part 61, 
subpart F elects to control the process vent to the levels required in 
Sec. 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE 
index value for the vent according to the procedures specified in 
Sec. 63.115(d) of this subpart then the owner or operator shall comply 
with the testing, monitoring, reporting, and recordkeeping provisions of 
this subpart and shall be exempt from the testing, monitoring, 
reporting, and recordkeeping provisions of 40 CFR part 61, subpart F.
    (4) After the compliance dates specified in Sec. 63.100 of subpart F 
of this part, the owner or operator of a Group 1 or Group 2 wastewater 
stream that is also subject to the provisions of 40 CFR part 61, subpart 
F shall comply with the provisions of either paragraph (f)(4)(i) or 
(f)(4)(ii) of this section.
    (i) The owner or operator shall comply with the provisions of both 
this subpart and 40 CFR part 61, subpart F or
    (ii) The owner or operator may submit, as part of the Implementation 
Plan required by Sec. 63.151(c) of this subpart or as part of an 
operating permit application, information demonstrating how compliance 
with 40 CFR part 61, subpart F will also ensure compliance with this 
subpart. The information shall include a description of the testing, 
monitoring, reporting, and recordkeeping that will be performed.
    (g) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart G is stayed from 
October 24, 1994, to April 24, 1995, only as applied to those sources 
for which the owner or operator makes a representation in writing to the 
Administrator that the resolution of the area source definition issues 
could have an effect on the compliance status of the source with respect 
to subpart G.

[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 
60 FR 5321, Jan. 27, 1995]



Sec. 63.111  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act, in subpart F of this part, and in this section, as follows.
    Air oxidation reactor means a device or vessel in which air, or a 
combination of air and oxygen, is used as an oxygen source in 
combination with one or more organic reactants to produce one or more 
organic compounds. Air oxidation reactor includes the product separator 
and any associated vacuum pump or steam jet.
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems and strip charts.
    Average concentration, as used in the wastewater provisions, means 
the flow-weighted annual average concentration, as determined according 
to the procedures specified in Sec. 63.144(b) of this subpart.
    Average flow rate, as used in the wastewater provisions, means the 
annual average flow rate, as determined according to the procedures 
specified in Sec. 63.144(c).
    Batch operation means a noncontinuous operation in which a discrete 
quantity or batch of feed is charged into a unit operation within a 
chemical manufacturing process unit and distilled or reacted at one 
time. Batch operation includes noncontinuous operations in which the 
equipment is fed intermittently or discontinuously. Addition of raw 
material and withdrawal of product do not occur simultaneously in a 
batch operation. After each batch operation, the equipment is generally 
emptied before a fresh batch is started.
    Boiler means any enclosed combustion device that extracts useful 
energy

[[Page 445]]

in the form of steam and is not an incinerator.
    By compound means by individual stream components, not carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device or back into the process.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic hazardous air pollutant vapors.
    Container, as used in the wastewater provisions, means any portable 
waste management unit that has a capacity greater than or equal to 0.1 m 
3 in which a material is stored, transported, treated, or otherwise 
handled. Examples of containers are drums, barrels, tank trucks, barges, 
dumpsters, tank cars, dump trucks, and ships.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 63.152(f) of 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minute or more frequent block average values.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the wall of the storage vessel and 
the edge of the floating roof. A continuous seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Continuous vapor processing system means a vapor processing system 
that treats total organic compound vapors collected from tank trucks or 
railcars on a demand basis without intermediate accumulation in a vapor 
holder.
    Control device means any equipment used for recovering or oxidizing 
organic hazardous air pollutant vapors. Such equipment includes, but is 
not limited to, absorbers, carbon adsorbers, condensers, incinerators, 
flares, boilers, and process heaters. For process vents, recovery 
devices are not considered control devices and for a steam stripper, a 
primary condenser is not considered a control device.
    Cover, as used in the wastewater provisions, means a device or 
system which is placed on or over a waste management unit containing 
wastewater or residuals so that the entire surface area is enclosed and 
sealed to minimize air emissions. A cover may have openings necessary 
for operation, inspection, and maintenance of the waste management unit 
such as access hatches, sampling ports, and gauge wells provided that 
each opening is closed and sealed when not in use. Examples of covers 
include a fixed roof installed on a wastewater tank, a lid installed on 
a container, and an air-supported enclosure installed over a waste 
management unit.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    External floating roof means a pontoon-type or double-deck-type 
cover that rests on the liquid surface in a storage vessel or waste 
management unit with no fixed roof.
    Fill or filling means the introduction of organic hazardous air 
pollutant into

[[Page 446]]

a storage vessel or the introduction of a wastewater stream or residual 
into a waste management unit, but not necessarily to complete capacity.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere.
    Fixed roof means a cover that is mounted on a waste management unit 
or storage vessel in a stationary manner and that does not move with 
fluctuations in liquid level.
    Flame zone means the portion of the combustion chamber in a boiler 
occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, internal floating cover or covered floating roof, which 
rests upon and is supported by the liquid being contained, and is 
equipped with a closure seal or seals to close the space between the 
roof edge and waste management unit or storage vessel wall.
    Flow indicator means a device which indicates whether gas flow is 
present in a line.
    Group 1 process vent means a process vent for which the flow rate is 
greater than or equal to 0.005 standard cubic meter per minute, the 
total organic HAP concentration is greater than or equal to 50 parts per 
million by volume, and the total resource effectiveness index value, 
calculated according to Sec. 63.115 of this subpart, is less than or 
equal to 1.0.
    Group 2 process vent means a process vent for which the flow rate is 
less than 0.005 standard cubic meter per minute, the total organic HAP 
concentration is less than 50 parts per million by volume or the total 
resource effectiveness index value, calculated according to Sec. 63.115 
of this subpart, is greater than 1.0.
    Group 1 storage vessel means a storage vessel that meets the 
criteria for design storage capacity and stored-liquid maximum true 
vapor pressure specified in table 5 of this subpart for storage vessels 
at existing sources, and in table 6 of this subpart for storage vessels 
at new sources.
    Group 2 storage vessel means a storage vessel that does not meet the 
definition of a Group 1 storage vessel.
    Group 1 transfer rack means a transfer rack that annually loads 
greater than or equal to 0.65 million liter of liquid products that 
contain organic hazardous air pollutants with a rack weighted average 
vapor pressure greater than or equal to 10.3 kilopascals.
    Group 2 transfer rack means a transfer rack that does not meet the 
definition of Group 1 transfer rack.
    Group 1 wastewater stream means a process wastewater stream from a 
process unit at an existing or new source with a total volatile organic 
hazardous air pollutant average concentration greater than or equal to 
10,000 parts per million by weight of compounds listed in table 9 of 
this subpart at any flowrate; or a process wastewater stream from a 
process unit at an existing or new source that has an average flow rate 
greater than or equal to 10 liters per minute and a total volatile 
organic hazardous air pollutant average concentration greater than or 
equal to 1,000 parts per million by weight. A process wastewater stream 
from a process unit at a new source that has an average flow rate 
greater than or equal to 0.02 liter per minute and an average 
concentration of 10 parts per million by weight or greater of any one of 
the compounds listed in table 8 of this subpart is also considered a 
Group 1 wastewater stream. Average flow rate and total volatile organic 
hazardous air pollutant average concentration are determined for the 
point of generation of each process wastewater stream.
    Group 2 wastewater stream means any process wastewater stream that 
does not meet the definition of a Group 1 wastewater stream.
    Halogenated vent stream or halogenated stream means a vent stream 
from a process vent or transfer operation determined to have a mass 
emission rate of halogen atoms contained in organic compounds of 0.45 
kilograms per hour or greater determined by the procedures presented in 
Sec. 63.115(d)(2)(v) of this subpart.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine (Br2), and 
hydrogen fluoride (HF).

[[Page 447]]

    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards such as American 
National Standards Institute (ANSI) B31-3.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas. The above energy recovery section 
limitation does not apply to an energy recovery section used solely to 
preheat the incoming vent stream or combustion air.
    Individual drain system means the system used to convey wastewater 
streams from a process unit, product storage tank, feed storage tank, or 
waste management unit to a waste management unit. The term includes all 
process drains and junction boxes, together with their associated sewer 
lines and other junction boxes, manholes, sumps, and lift stations, down 
to the receiving waste management unit. A segregated stormwater sewer 
system, which is a drain and collection system designed and operated for 
the sole purpose of collecting rainfall-runoff at a facility, and which 
is segregated from all other individual drain systems, is excluded from 
this definition.
    Intermittent vapor processing system means a vapor processing system 
that employs an intermediate vapor holder to accumulate total organic 
compound vapors collected from tank trucks or railcars, and treats the 
accumulated vapors only during automatically controlled cycles.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it) inside 
a storage vessel or waste management unit that has a permanently affixed 
roof.
    Junction box means a manhole or access point to a wastewater sewer 
system line or a lift station.
    Liquid-mounted seal means a foam- or liquid-filled seal mounted in 
contact with the liquid between the wall of the storage vessel or waste 
management unit and the floating roof. The seal is mounted continuously 
around the circumference of the vessel or unit.
    Loading cycle means the time period from the beginning of filling a 
tank truck or railcar until flow to the control device ceases, as 
measured by the flow indicator.
    Loading rack means a single system used to fill tank trucks and 
railcars at a single geographic site. Loading equipment and operations 
that are physically separate (i.e., do not share common piping, valves, 
and other equipment) are considered to be separate loading racks.
    Mass flow rate, as used in the wastewater provisions, means the rate 
at which the mass of a constituent in a wastewater stream flows past a 
point, determined by multiplying the average concentration of that 
constituent in the wastewater stream by the average flow rate (annual 
average volumetric flow rate) and density of the wastewater stream, as 
determined according to the procedures specified in Secs. 63.144 (e)(2) 
and (e)(3).
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP's in the stored or transferred liquid 
at the temperature equal to the highest calendar-month average of the 
liquid storage or transfer temperature for liquids stored or transferred 
above or below the ambient temperature or at the local maximum monthly 
average temperature as reported by the National Weather Service for 
liquids stored or transferred at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-Roof 
Tanks (incorporated by reference as specified in Sec. 63.14 of subpart A 
of this part); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec. 63.14 of 
subpart A of this part); or

[[Page 448]]

    (4) Any other method approved by the Administrator.
    Metallic shoe seal or mechanical shoe seal means a metal sheet that 
is held vertically against the wall of the storage vessel by springs, 
weighted levers, or other mechanisms and is connected to the floating 
roof by braces or other means. A flexible coated fabric (envelope) spans 
the annular space between the metal sheet and the floating roof.
    Non-automated monitoring and recording system means manual reading 
of values measured by monitoring instruments and manual transcription of 
those values to create a record. Non-automated systems do not include 
strip charts.
    Oil-water separator or organic-water separator means a waste 
management unit, generally a tank used to separate oil or organics from 
water. An oil-water or organic-water separator consists of not only the 
separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are 
located directly after the individual drain system and prior to 
additional treatment units such as an air flotation unit, clarifier, or 
biological treatment unit. Examples of an oil-water or organic-water 
separator include, but are not limited to, an American Petroleum 
Institute separator, parallel-plate interceptor, and corrugated-plate 
interceptor with the associated ancillary equipment.
    Operating permit means a permit required by 40 CFR part 70 or part 
71.
    Organic hazardous air pollutant or organic HAP means any of the 
chemicals listed in table 2 of subpart F of this part.
    Organic monitoring device means a unit of equipment used to indicate 
the concentration level of organic compounds exiting a recovery device 
based on a detection principle such as infra-red, photoionization, or 
thermal conductivity.
    Point of generation means the location where process wastewater 
exits the process unit equipment.

    Note: The regulation allows determination of the characteristics of 
a wastewater stream (1) at the point of generation or (2) downstream of 
the point of generation if corrections are made for changes in flow rate 
and VOHAP concentration. Such changes include losses by air emissions; 
reduction of VOHAP concentration or changes in flow rate by mixing with 
other water or wastewater streams; and reduction in flow rate or VOHAP 
concentration by treating or otherwise handling the wastewater stream to 
remove or destroy HAP's.

    Primary fuel means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation without the addition of other fuels.
    Process heater means a device that transfers heat liberated by 
burning fuel directly to process streams or to heat transfer liquids 
other than water.
    Process unit has the same meaning as chemical manufacturing process 
unit as defined in Sec. 63.101 of subpart F of this part and means the 
equipment assembled and connected by pipes or ducts to process raw 
materials and to manufacture an intended product. For the purpose of 
this subpart, process unit or chemical manufacturing process unit 
includes air oxidation reactors and their associated product separators 
and recovery devices; reactors and their associated product separators 
and recovery devices; distillation units and their associated distillate 
receivers and recovery devices; associated unit operations (as defined 
in this section); and any feed, intermediate and product storage 
vessels, product transfer racks, and connected ducts and piping. A 
chemical manufacturing process unit includes pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, instrumentation systems, and 
control devices or systems. A chemical manufacturing process unit is 
identified by its primary product.
    Process wastewater stream means a stream that contains process 
wastewater as defined in Sec. 63.101 of subpart F of this part.
    Product separator means phase separators, flash drums, knock-out 
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
    Product tank, as used in the wastewater provisions, means a 
stationary unit that is designed to contain an accumulation of materials 
that

[[Page 449]]

are fed to or produced by a process unit, and is constructed primarily 
of non-earthen materials (e.g., wood, concrete, steel, plastic) which 
provide structural support. This term has the same meaning as a product 
storage vessel.
    Product tank drawdown means any material or mixture of materials 
discharged from a product tank for the purpose of removing water or 
other contaminants from the product tank.
    Rack-weighted average partial pressure means the throughput weighted 
average of the average maximum true vapor pressure of liquids containing 
organic HAP transferred at a transfer rack. The rack-weighted average 
partial pressure shall be calculated using the equation below:
Where:

P = Rack-weighted average partial pressure, kilopascals.
[GRAPHIC] [TIFF OMITTED] TR12DE95.001

Pi = Individual HAP maximum true vapor pressure, kilopascals, = 
Xi*P, where Xi is the mole fraction of compound i in the 
liquid.
Gi = Yearly volume of each liquid that contains organic HAP that is 
transferred at the rack, liters.
i = Each liquid that contains HAP that is transferred at the rack.

    Reactor means a device or vessel in which one or more chemicals or 
reactants, other than air, are combined or decomposed in such a way that 
their molecular structures are altered and one or more new organic 
compounds are formed. Reactor includes the product separator and any 
associated vacuum pump or steam jet.
    Recovery device means an individual unit of equipment capable of and 
used for the purpose of recovering chemicals for use, reuse, or sale. 
Recovery devices include, but are not limited to, absorbers, carbon 
adsorbers, and condensers.
    Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge can result from an 
operator error, a malfunction such as a power failure or equipment 
failure, or other unexpected cause that requires immediate venting of 
gas from process equipment in order to avoid safety hazards or equipment 
damage.
    Reference control technology for process vents means a combustion 
device used to reduce organic HAP emissions by 98 percent, or to an 
outlet concentration of 20 parts per million by volume.
    Reference control technology for storage vessels means an internal 
floating roof meeting the specifications of Sec. 63.119(b) of this 
subpart, an external floating roof meeting the specifications of 
Sec. 63.119(c) of this subpart, an external floating roof converted to 
an internal floating roof meeting the specifications of Sec. 63.119(d) 
of this subpart, or a closed-vent system to a control device achieving 
95-percent reduction in organic HAP emissions. For purposes of emissions 
averaging, these four technologies are considered equivalent.
    Reference control technology for transfer racks means a combustion 
device or recovery device used to reduce organic HAP emissions by 98 
percent, or to an outlet concentration of 20 parts per million by 
volume; or a vapor balancing system.
    Reference control technology for wastewater means the use of:
    (1) Controls specified in Sec. 63.133 through Sec. 63.137;
    (2) A steam stripper meeting the specifications of Sec. 63.138(g) of 
this subpart or any of the other alternative control measures specified 
in Sec. 63.138 (b), (c), (d), and (e) of this subpart; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices) 
the organic HAP emissions in the vapor streams vented from wastewater 
tanks, oil-water separators, containers, surface impoundments, 
individual drain systems, and treatment processes (including the design 
steam stripper) managing wastewater.
    Residual means any HAP-containing water or organic that is removed 
from a wastewater stream by a waste management unit or treatment process 
that does not destroy organics (nondestructive unit). Examples of 
residuals from nondestructive wastewater management units are: The 
organic layer and bottom residue removed by a decanter or organic-water 
separator

[[Page 450]]

and the overheads from a steam stripper or air stripper. Examples of 
materials which are not residuals are: Silt; mud; leaves; bottoms from a 
steam stripper or air stripper; and sludges, ash, or other materials 
removed from wastewater being treated by destructive devices such as 
biological treatment units and incinerators.
    Secondary fuel means a fuel fired through a burner other than the 
primary fuel burner that provides supplementary heat in addition to the 
heat provided by the primary fuel.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit including, but not limited to, grates, trenches, etc., used to 
convey wastewater streams or residuals to a downstream waste management 
unit.
    Simultaneous loading means, for a shared control device, loading of 
organic HAP materials from more than one transfer arm at the same time 
such that the beginning and ending times of loading cycles coincide or 
overlap and there is no interruption in vapor flow to the shared control 
device.
    Single-seal system means a floating roof having one continuous seal 
that completely covers the space between the wall of the storage vessel 
and the edge of the floating roof. This seal may be a vapor-mounted, 
liquid-mounted, or metallic shoe seal.
    Specific gravity monitoring device means a unit of equipment used to 
monitor specific gravity and having an accuracy of 0.02 
specific gravity units.
    Steam jet ejector means a steam nozzle which discharges a high-
velocity jet across a suction chamber that is connected to the equipment 
to be evacuated.
    Surface impoundment means a waste management unit which is a natural 
topographic depression, manmade excavation, or diked area formed 
primarily of earthen materials (although it may be lined with manmade 
materials), which is designed to hold an accumulation of liquid wastes 
or waste containing free liquids. A surface impoundment is used for the 
purpose of treating, storing, or disposing of wastewater or residuals, 
and is not an injection well. Examples of surface impoundments are 
equalization, settling, and aeration pits, ponds, and lagoons.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a chemical 
manufacturing process unit when in-process storage, mixing, or 
management of flow rates or volumes is needed to assist in production of 
a product.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having an accuracy of 1 percent of 
the temperature being monitored expressed in degrees Celsius or 
0.5 degrees Celsius ( deg.C), whichever is greater.
    The 33/50 program means a voluntary pollution prevention initiative 
established and administered by the EPA to encourage emissions 
reductions of 17 chemicals emitted in large volumes by industrial 
facilities. The EPA Document Number 741-K-92-001 provides more 
information about the 33/50 program.
    Total organic compounds or TOC, as used in the process vents 
provisions, means those compounds measured according to the procedures 
of Method 18 of 40 CFR part 60, appendix A.
    Total resource effectiveness index value or TRE index value means a 
measure of the supplemental total resource requirement per unit 
reduction of organic HAP associated with a process vent stream, based on 
vent stream flow rate, emission rate of organic HAP, net heating value, 
and corrosion properties (whether or not the vent stream contains 
halogenated compounds), as quantified by the equations given under 
Sec. 63.115 of this subpart.
    Total volatile organic hazardous air pollutant concentration means 
the sum of the concentrations of all individually-speciated organic 
HAP's, as measured by Method 305 in appendix A of this part.
    Treatment process means a specific technique that removes or 
destroys the organics in a wastewater or residual stream such as a steam 
stripping unit, thin-film evaporation unit, waste incinerator, 
biological treatment unit, or any other process applied to wastewater 
streams or residuals to comply with Sec. 63.138 of this subpart. Most 
treatment processes are conducted in tanks. Treatment processes

[[Page 451]]

are a subset of waste management units.
    Vapor collection system, as used in the transfer provisions, means 
the equipment used to collect and transport organic HAP vapors displaced 
during the loading of tank trucks or railcars. This does not include the 
vapor collection system that is part of any tank truck or railcar vapor 
collection manifold system.
    Vapor-mounted seal means a continuous seal that completely covers 
the annular space between the wall of the storage vessel or waste 
management unit and the edge of the floating roof and is mounted such 
that there is a vapor space between the stored liquid and the bottom of 
the seal.
    Vent stream, as used in the process vent provisions, means a process 
vent as defined in Sec. 63.101 of subpart F of this part.
    Volatile organic concentration or VO concentration refers to the 
concentration of organic compounds (including both HAP and non-HAP 
organic compounds) in a wastewater stream that is measured by Method 
25D, as found in 40 CFR part 60, appendix A.
    Volatile organic hazardous air pollutant concentration or VOHAP 
concentration means the concentration of an individually-speciated 
organic HAP in a wastewater stream or a residual that is measured by 
Method 305 in appendix A of this part.
    Waste management unit means any component, piece of equipment, 
structure, or transport mechanism used in conveying, storing, treating, 
or disposing of wastewater streams or residuals. Examples of waste 
management units include wastewater tanks, air flotation units, surface 
impoundments, containers, oil-water or organic-water separators, 
individual drain systems, biological treatment units, waste 
incinerators, and organic removal devices such as decanters, steam and 
air stripper units, and thin-film evaporation units.
    Wastewater stream means a stream that contains only wastewater as 
defined in Sec. 63.101 of subpart F of this part.
    Wastewater tank means a stationary waste management unit that is 
designed to contain an accumulation of wastewater or residuals and is 
constructed primarily of non-earthen materials (e.g., wood, concrete, 
steel, plastic) which provide structural support. Wastewater tanks used 
for flow equalization are included in this definition.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g, flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 18024, 18029, Apr. 10, 
1995; 60 FR 63626, Dec. 12, 1995]



Sec. 63.112   Emission standard.

    (a) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the following equation:

EA = 0.02EPV1 + EPV2 + 
0.05ES1 + ES2 + 0.02ETR1 + 
ETR2 + EWW1C + EWW2

where:

EA = Emission rate, megagrams per year, allowed for the source.
0.02EPV1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 process vents, as defined in Sec. 63.111 of this 
subpart.
EPV2 = Sum of the emissions, megagrams per year, from all 
Group 2 process vents as defined in Sec. 63.111 of this subpart.
0.05ES1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 storage vessels, as defined in Sec. 63.111 of 
this subpart.
ES2 = Sum of the emissions, megagrams per year, from all 
Group 2 storage vessels, as defined in Sec. 63.111 of this subpart.
0.02ETR1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 transfer racks, as defined in Sec. 63.111 of this 
subpart.
ETR2 = Sum of the emissions, megagrams per year, from all 
Group 2 transfer racks, as defined in Sec. 63.111 of this subpart.
EWW1C = Sum of the residual emissions from all Group 1 
wastewater

[[Page 452]]

streams, as defined in Sec. 63.111 of this subpart. This term is 
calculated for each Group 1 stream according to the equation for 
EWW1C in Sec. 63.150(g)(5)(i) of this subpart.
EWW2 = Sum of emissions from all Group 2 wastewater 
streams, as defined in Sec. 63.111 of this subpart.

The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point change or as the 
number of emission points in the source changes.
    (b) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the equation in paragraph (a) of this section.
    (c) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (a) of this section 
by following the procedures specified in paragraph (e) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (f) of this section for some 
emission points and the procedures specified in paragraph (e) of this 
section for all other emission points within the source.
    (d) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (b) of this section 
only by following the procedures in paragraph (e) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (e) The owner or operator of an existing or new source may comply 
with the process vent provisions in Secs. 63.113 through 63.118 of this 
subpart, the storage vessel provisions in Secs. 63.119 through 63.123 of 
this subpart, the transfer operation provisions in Secs. 63.126 through 
63.130 of this subpart, the wastewater provisions in Secs. 63.131 
through 63.147 of this subpart, and the leak inspection provisions in 
Sec. 63.148 of this subpart.
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. 63.151 and Sec. 63.152 of this 
subpart, as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(a) of this section.
    (f) The owner or operator of an existing source may elect to control 
some of the emission points within the source to different levels than 
specified under Secs. 63.113 through 63.148 of this subpart by using an 
emissions averaging compliance approach as long as the overall emissions 
for the source do not exceed the emission level specified in paragraph 
(a) of this section. The owner or operator using emissions averaging 
must meet the requirements in paragraphs (f)(1) and (f)(2) of this 
section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average as specified in Sec. 63.150 of this 
subpart; and
    (2) Comply with the requirements of Sec. 63.151 and Sec. 63.152 of 
this subpart, as applicable.
    (g) A State may restrict the owner or operator of an existing source 
to using only the procedures in paragraph (e) of this section to comply 
with the emission standard in paragraph (a) of this section.



Sec. 63.113  Process vent provisions--reference control technology.

    (a) The owner or operator of a Group 1 process vent as defined in 
subpart F of this part and in this subpart shall comply with the 
requirements of paragraph (a)(1), (a)(2), or (a)(3) of this section.
    (1) Reduce emissions of organic HAP using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) of 
subpart A of this part.
    (ii) Halogenated vent streams, as defined in Sec. 63.111 of this 
subpart, shall not be vented to a flare.
    (2) Reduce emissions of total organic HAP by 98 weight-percent or to 
a concentration of 20 parts per million by volume, on a dry basis, 
corrected to 3 percent oxygen, whichever is less stringent. Compliance 
can be determined by measuring either organic HAP or TOC using the 
procedures in Sec. 63.116 of this subpart.

[[Page 453]]

    (3) Achieve and maintain a TRE index value greater than 1.0 at the 
outlet of the final recovery device, or prior to release of the vent 
stream to the atmosphere if no recovery device is present. In this case, 
the vent shall comply with the provisions for a Group 2 process vent 
specified in either paragraph (d) or (e) of this section, whichever is 
applicable.
    (b) If a boiler or process heater is used to comply with the percent 
reduction requirement or concentration limit specified in paragraph 
(a)(2) of this section, then the vent stream shall be introduced into 
the flame zone of such a device.
    (c) Halogenated Group 1 process vent streams that are combusted 
shall be controlled according to paragraph (c)(1) or (c)(2) of this 
section.
    (1) If a combustion device is used to comply with paragraph (a)(2) 
of this section for a halogenated vent stream, then the vent stream 
shall be ducted from the combustion device to an additional control 
device, including but not limited to a scrubber, before it is discharged 
to the atmosphere.
    (i) Except as provided in paragraph (c)(1)(ii) of this section, the 
additional control device shall reduce overall emissions of hydrogen 
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99 
percent or shall reduce the outlet mass of total hydrogen halides and 
halogens to less than 0.45 kilogram per hour, whichever is less 
stringent.
    (ii) If a scrubber or other halogen control device was installed 
prior to December 31, 1992, the control device shall reduce overall 
emissions of hydrogen halides and halogens, as defined in Sec. 63.111 of 
this subpart, by 95 percent or shall reduce the outlet mass of total 
hydrogen halides and halogens to less than 0.45 kilograms per hour, 
whichever is less stringent.
    (2) A control device, such as a scrubber, or other technique may be 
used to reduce the vent stream halogen atom mass emission rate to less 
than 0.45 kilogram per hour prior to any combustion control device, and 
thus make the vent stream nonhalogenated; the vent stream must comply 
with the requirements of paragraph (a)(1) or (a)(2) of this section.
    (d) The owner or operator of a Group 2 process vent having a flow 
rate greater than or equal to 0.005 standard cubic meter per minute, a 
HAP concentration greater than or equal to 50 parts per million by 
volume, and a TRE index value greater than 1.0 but less than or equal to 
4.0 shall maintain a TRE index value greater than 1.0 and shall comply 
with the monitoring of recovery device parameters in Sec. 63.114(b) or 
(c) of this subpart, the TRE index calculations of Sec. 63.115 of this 
subpart, and the applicable reporting and recordkeeping provisions of 
Secs. 63.117 and 63.118 of this subpart. Such owner or operator is not 
subject to any other provisions of Secs. 63.114 through 63.118 of this 
subpart.
    (e) The owner or operator of a Group 2 process vent with a TRE index 
greater than 4.0 shall maintain a TRE index value greater than 4.0, 
comply with the provisions for calculation of TRE index in Sec. 63.115 
of this subpart and the reporting and recordkeeping provisions in 
Sec. 63.117(b) of this subpart, Sec. 63.118(c) of this subpart, and 
Sec. 63.118(h) of this subpart, and is not subject to monitoring or any 
other provisions of Secs. 63.114 through 63.118 of this subpart.
    (f) The owner or operator of a Group 2 process vent with a flow rate 
less than 0.005 standard cubic meter per minute shall maintain a flow 
rate less than 0.005 standard cubic meter per minute; comply with the 
Group determination procedures in Sec. 63.115 (a), (b), and (e) of this 
subpart; and the reporting and recordkeeping requirements in 
Sec. 63.117(c) of this subpart, Sec. 63.118(d) of this subpart, and 
Sec. 63.118(i) of this subpart; and is not subject to monitoring or any 
other provisions of Secs. 63.114 through 63.118 of this subpart.
    (g) The owner or operator of a Group 2 process vent with a 
concentration less than 50 parts per million by volume shall maintain a 
concentration less than 50 parts per million by volume; comply with the 
Group determination procedures in Sec. 63.115 (a), (c), and (e) of this 
subpart; the reporting and recordkeeping requirements in Sec. 63.117(d) 
of this subpart, Sec. 63.118(e) of this subpart, and Sec. 63.118(j) of 
this subpart; and is not subject to monitoring or any other provisions 
of Secs. 63.114 through 63.118 of this subpart.

[[Page 454]]

    (h) The owner or operator of a process vent complying with paragraph 
(a)(1) or (a)(2) of this section is not required to perform the group 
determination described in Sec. 63.115 of this subpart.



Sec. 63.114  Process vent provisions--monitoring requirements.

    (a) Each owner or operator of a process vent that uses a combustion 
device to comply with the requirements in Sec. 63.113 (a)(1) or (a)(2) 
of this subpart shall install monitoring equipment specified in 
paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section, depending 
on the type of combustion device used. All monitoring equipment shall be 
installed, calibrated, maintained, and operated according to 
manufacturers specifications.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, the following monitoring equipment is 
required: A device (including but not limited to a thermocouple, ultra-
violet beam sensor, or infrared sensor) capable of continuously 
detecting the presence of a pilot flame.
    (3) Where a boiler or process heater of less than 44 megawatts 
design heat input capacity is used, the following monitoring equipment 
is required: A temperature monitoring device in the firebox equipped 
with a continuous recorder. Any boiler or process heater in which all 
vent streams are introduced with primary fuel or are used as the primary 
fuel is exempt from this requirement.
    (4) Where a scrubber is used with an incinerator, boiler, or process 
heater in the case of halogenated vent streams, the following monitoring 
equipment is required for the scrubber.
    (i) A pH monitoring device equipped with a continuous recorder shall 
be installed to monitor the pH of the scrubber effluent.
    (ii) Flow meters equipped with continuous recorders shall be located 
at the scrubber influent for liquid flow and the scrubber inlet for gas 
stream flow.
    (b) Each owner or operator of a process vent with a TRE index value 
greater than 1.0 as specified under Sec. 63.113(a)(3) or Sec. 63.113(d) 
of this subpart, that uses one or more product recovery devices shall 
install either an organic monitoring device equipped with a continuous 
recorder or the monitoring equipment specified in paragraph (b)(1), 
(b)(2), or (b)(3) of this section, depending on the type of recovery 
device used. All monitoring equipment shall be installed, calibrated, 
and maintained according to the manufacturers specifications. Monitoring 
is not required for process vents with TRE index values greater than 4.0 
as specified in Sec. 63.113(e) of this subpart.
    (1) Where an absorber is the final recovery device in the recovery 
system, a scrubbing liquid temperature monitoring device and a specific 
gravity monitoring device, each equipped with a continuous recorder 
shall be used;
    (2) Where a condenser is the final recovery device in the recovery 
system, a condenser exit (product side) temperature monitoring device 
equipped with a continuous recorder shall be used;
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system, an integrating regeneration stream flow monitoring 
device having an accuracy of 10 percent, capable of 
recording the total regeneration stream mass flow for each regeneration 
cycle; and a carbon bed temperature monitoring device, capable of 
recording the carbon bed temperature after each regeneration and within 
15 minutes of completing any cooling cycle shall be used.
    (c) An owner or operator of a process vent may request approval to 
monitor parameters other than those listed in paragraph (a) or (b) of 
this section. The request shall be submitted according to the procedures 
specified in Sec. 63.151(f) or

[[Page 455]]

Sec. 63.152(e) of this subpart. Approval shall be requested if the owner 
or operator:
    (1) Uses a control device other than an incinerator, boiler, process 
heater, or flare; or
    (2) Maintains a TRE greater than 1.0 but less than or equal to 4.0 
without a recovery device or with a recovery device other than the 
recovery devices listed in paragraphs (a) and (b) of this section; or
    (3) Uses one of the control or recovery devices listed in paragraphs 
(a) and (b) of this section, but seeks to monitor a parameter other than 
those specified in paragraphs (a) and (b) of this section.
    (d) The owner or operator of a process vent using a vent system that 
contains bypass lines that could divert a vent stream away from the 
control device used to comply with Sec. 63.113 (a)(1) or (a)(2) of this 
subpart shall comply with paragraph (d)(1) or (d)(2) of this section. 
Equipment such as low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, and pressure relief valves needed for safety 
purposes are not subject to this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether vent stream flow is present at least once every 15 
minutes. Records shall be generated as specified in Sec. 63.118(a)(3) of 
this subpart. The flow indicator shall be installed at the entrance to 
any bypass line that could divert the vent stream away from the control 
device to the atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line.
    (e) The owner or operator shall establish a range that indicates 
proper operation of the control or recovery device for each parameter 
monitored under paragraphs (a), (b), and (c) of this section. In order 
to establish the range, the information required in Sec. 63.152(b) of 
this subpart shall be submitted in the Notification of Compliance Status 
or the operating permit application or amendment.



Sec. 63.115  Process vent provisions--methods and procedures for process vent group determination.

    (a) For purposes of determining process vent stream flow rate, total 
organic HAP or TOC concentration or TRE index value, as specified under 
paragraph (b), (c), or (d) of this section, the sampling site shall be 
after the last product recovery device (if any recovery devices are 
present) but prior to the inlet of any control device that is present, 
prior to any dilution of the process vent stream, and prior to release 
to the atmosphere.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (b) To demonstrate that a process vent stream flow rate is less than 
0.005 standard cubic meter per minute in accordance with the Group 2 
process vent definition of this subpart, the owner or operator shall 
measure flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(a) of this section.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (c) Each owner or operator seeking to demonstrate that a process 
vent stream has an organic HAP concentration below 50 parts per million 
by volume in accordance with the Group 2 process vent definition of this 
subpart shall measure either total organic HAP or TOC concentration 
using the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(a) of this section.
    (2) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used.
    (3) Where Method 18 of 40 CFR part 60, appendix A is used, the 
following

[[Page 456]]

procedures shall be used to calculate parts per million by volume 
concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15 minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
organic HAP shall be calculated according to paragraph (c)(3)(ii)(A) or 
(c)(3)(ii)(B) of this section as applicable.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.201

where:

CTOC=Concentration of TOC (minus methane and ethane), dry basis, 
parts per million by volume.
Cji=Concentration of sample component j of the sample i, dry basis, 
parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(3)(ii)(A) of this 
section except that only the organic HAP species shall be summed. The 
list of organic HAP's is provided in table 2 of subpart F of this part.
    (4) Where Method 25A of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate parts per million by 
volume TOC concentration:
    (i) Method 25A of 40 CFR part 60, appendix A shall be used only if a 
single organic HAP compound is greater than 50 percent of total organic 
HAP, by volume, in the process vent stream.
    (ii) The process vent stream composition may be determined by either 
process knowledge, test data collected using an appropriate EPA method 
or a method or data validated according to the protocol in Method 301 of 
appendix A of this part. Examples of information that could constitute 
process knowledge include calculations based on material balances, 
process stoichiometry, or previous test results provided the results are 
still relevant to the current process vent stream conditions.
    (iii) The organic HAP used as the calibration gas for Method 25A of 
40 CFR part 60, appendix A shall be the single organic HAP compound 
present at greater than 50 percent of the total organic HAP by volume.
    (iv) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be 50 parts per million by volume.
    (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if 
the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (vi) The owner or operator shall demonstrate that the concentration 
of TOC including methane and ethane measured by Method 25A of 40 CFR 
part 60, appendix A is below 25 parts per million by volume to be 
considered a Group 2 vent with an organic HAP concentration below 50 
parts per million by volume and to qualify for the low concentration 
exclusion in Sec. 63.113(g) of this subpart.
    (d) To determine the TRE index value, the owner or operator shall 
conduct a TRE determination and calculate the TRE index value according 
to the procedures in paragraph (d)(1) or (d)(2) of this section and the 
TRE equation in paragraph (d)(3) of this section.
    (1) Engineering assessment may be used to determine process vent 
stream flow rate, net heating value, TOC emission rate, and total 
organic HAP emission rate for the representative operating condition 
expected to yield the lowest TRE index value.
    (i) If the TRE value calculated using such engineering assessment 
and the TRE equation in paragraph (d)(3) of this section is greater than 
4.0, then the owner or operator is not required to perform the 
measurements specified in paragraph (d)(2) of this section.

[[Page 457]]

    (ii) If the TRE value calculated using such engineering assessment 
and the TRE equation in paragraph (d)(3) of this section is less than or 
equal to 4.0, then the owner or operator is required to perform the 
measurements specified in paragraph (d)(2) of this section for group 
determination or consider the process vent a Group 1 vent and comply 
with the emission reduction specified in Sec. 63.113(a) of this subpart.
    (iii) Engineering assessment includes, but is not limited to, the 
following:
    (A) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, TOC emission rate, organic HAP emission rate, 
or net heating value limit specified or implied within a permit limit 
applicable to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations,
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (3) Estimation of TOC or organic HAP concentrations based on 
saturation conditions,
    (4) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound or, alternatively, as if 
all TOC in the stream were the compound with the highest heating value.
    (E) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (2) Except as provided in paragraph (d)(1) of this section, process 
vent stream flow rate, net heating value, TOC emission rate, and total 
organic HAP emission rate shall be measured and calculated according to 
the procedures in paragraphs (d)(2)(i) through (d)(2)(v) of this section 
and used as input to the TRE index value calculation in paragraph (d)(3) 
of this section.
    (i) The vent stream volumetric flow rate (Qs), in standard 
cubic meters per minute at 20  deg.C, shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. If the 
vent stream tested passes through a final steam jet ejector and is not 
condensed, the stream volumetric flow shall be corrected to 2.3 percent 
moisture.
    (ii) The molar composition of the process vent stream, which is used 
to calculate net heating value, shall be determined using the following 
methods:
    (A) Method 18 of 40 CFR part 60, appendix A to measure the 
concentration of each organic compound.
    (B) American Society for Testing and Materials D1946-77 to measure 
the concentration of carbon monoxide and hydrogen.
    (C) Method 4 of 40 CFR part 60, appendix A to measure the moisture 
content of the stack gas.
    (iii) The net heating value of the vent stream shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.202

where:

HT=Net heating value of the sample, megaJoule per standard cubic 
meter, where the net enthalpy per mole of vent stream is based on 
combustion at 25  deg.C and 760 millimeters of mercury, but the standard 
temperature for determining the volume corresponding to one mole is 20 
deg.C, as in the definition of Qs (vent stream flow rate).
Kl=Constant, 1.740 x 10-7 (parts per million)-1 (gram-
mole per standard cubic meter) (megaJoule per kilocalorie), where 
standard temperature for (gram-mole per standard cubic meter) is 20 
deg.C.
Bws=Water vapor content of the vent stream, proportion by volume; 
except that if the vent stream passes through a final steam jet and is 
not condensed, it shall be assumed that Bws=0.023 in order to 
correct to 2.3 percent moisture.

[[Page 458]]

Cj=Concentration on a dry basis of compound j in parts per million, 
as measured for all organic compounds by Method 18 of 40 CFR part 60, 
appendix A and measured for hydrogen and carbon monoxide by American 
Society for Testing and Materials D1946-77 as indicated in paragraph 
(d)(2)(ii) of this section.
Hj=Net heat of combustion of compound j, kilocalorie per gram-mole, 
based on combustion at 25  deg.C and 760 millimeters mercury. The heats 
of combustion of vent stream components shall be determined using 
American Society for Testing and Materials D2382-76 if published values 
are not available or cannot be calculated.

    (iv) The emission rate of TOC (minus methane and ethane) (ETOC) 
and the emission rate of total organic HAP (EHAP) in the vent 
stream shall both be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.203

where:

E=Emission rate of TOC (minus methane and ethane) or emission rate of 
total organic HAP in the sample, kilograms per hour.
K2=Constant, 2.494 x 10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram/gram) (minutes/hour), where 
standard temperature for (gram-mole per standard cubic meter) is 20  
deg.C.
Cj=Concentration on a dry basis of organic compound j in parts per 
million as measured by Method 18 of 40 CFR part 60, appendix A as 
indicated in paragraph (d)(2)(ii) of this section. If the TOC emission 
rate is being calculated, Cj includes all organic compounds 
measured minus methane and ethane; if the total organic HAP emission 
rate is being calculated, only organic HAP compounds listed in table 2 
in subpart F of this part are included.
Mj=Molecular weight of organic compound j, gram/gram-mole.
Qs=Vent stream flow rate, dry standard cubic meter per minute, at a 
temperature of 20  deg.C.

    (v) In order to determine whether a vent stream is halogenated, the 
mass emission rate of halogen atoms contained in organic compounds shall 
be calculated.
    (A) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on the following procedures:
    (1) Process knowledge that no halogen or hydrogen halides are 
present in the process, or
    (2) Applicable engineering assessment as discussed in paragraph 
(d)(1)(iii) of this section, or
    (3) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (4) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (B) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR22AP94.204

where:

E=mass of halogen atoms, dry basis, kilogram per hour.
K2=Constant, 2.494 x 10-6 (parts per million)-1 
(kilogram-mole per standard cubic meter) (minute/hour), where standard 
temperature is 20  deg.C.
Cj=Concentration of halogenated compound j in the gas stream, dry 
basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the gas 
stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas stream.
Q=Flow rate of gas stream, dry standard cubic meters per minute, 
determined according to paragraph (d)(1) or (d)(2)(i) of this section.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.

[[Page 459]]

m=Number of different halogens i in each compound j of the gas stream.

    (3) The owner or operator shall calculate the TRE index value of the 
vent stream using the equations and procedures in this paragraph.
    (i) The equation for calculating the TRE index for a vent stream 
controlled by a flare or incinerator is as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.205

where:

TRE=TRE index value.
EHAP=Hourly emission rate of total organic HAP, kilograms per hour, 
as calculated in paragraph (d)(1) or (d)(2)(iv) of this section.
Qs=Vent stream flow rate, standard cubic meters per minute, at a 
standard temperature of 20  deg.C, as calculated in paragraph (d)(1) or 
(d)(2)(i) of this section.
HT=Vent stream net heating value, megaJoules per standard cubic 
meter, as calculated in paragraph (d)(1) or (d)(2)(iii) of this section.
ETOC=Emission rate of TOC (minus methane and ethane), kilograms per 
hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of this section.
a,b,c,d=Coefficients presented in table 1 of this subpart, selected in 
accordance with paragraphs (d)(3)(ii) and (iii) of this section.

    (ii) The owner or operator of a nonhalogenated vent stream shall 
calculate the TRE index value based on the use of a flare, a thermal 
incinerator with 0 percent heat recovery, and a thermal incinerator with 
70 percent heat recovery and shall select the lowest TRE index value. 
The owner or operator shall use the applicable coefficients in table 1 
of this subpart for nonhalogenated vent streams located within existing 
sources and the applicable coefficients in table 2 of this subpart for 
nonhalogenated vent streams located within new sources.
    (iii) The owner or operator of a halogenated vent stream shall 
calculate the TRE index value based on the use of a thermal incinerator 
with 0 percent heat recovery, and a scrubber. The owner or operator 
shall use the applicable coefficients in table 1 of this subpart for 
halogenated vent streams located within existing sources and the 
applicable coefficients in table 2 of this subpart for halogenated vent 
streams located within new sources.
    (e) The owner or operator of a Group 2 process vent shall 
recalculate the TRE index value, flow, or organic HAP concentration for 
each process vent, as necessary to determine whether the vent is Group 1 
or Group 2, whenever process changes are made. Examples of process 
changes include, but are not limited to, changes in production capacity, 
production rate, feedstock type, or catalyst type, or whenever there is 
replacement, removal, or addition of recovery equipment. For purposes of 
this paragraph, process changes do not include: Process upsets; 
unintentional, temporary process changes; and changes that are within 
the range on which the original TRE calculation was based.
    (1) The TRE index value, flow rate, or organic HAP concentration 
shall be recalculated based on measurements of vent stream flow rate, 
TOC, and organic HAP concentrations, and heating values as specified in 
Sec. 63.115 (a), (b), (c), and (d) of this subpart, as applicable, or on 
best engineering assessment of the effects of the change. Engineering 
assessments shall meet the specifications in paragraph (d)(1) of this 
section.
    (2) Where the recalculated TRE index value is less than or equal to 
1.0, or less than or equal to 4.0 but greater than 1.0, the recalculated 
flow rate is greater than or equal to 0.005 standard cubic meter per 
minute, or the recalculated concentration is greater than or equal to 50 
parts per million by volume, the owner or operator shall submit a report 
as specified in Sec. 63.118 (g), (h), (i), or (j)

[[Page 460]]

of this subpart and shall comply with the appropriate provisions in 
Sec. 63.113 of this subpart by the dates specified in Sec. 63.100 of 
subpart F of this part.



Sec. 63.116  Process vent provisions--performance test methods and procedures to determine compliance.

    (a) When a flare is used to comply with Sec. 63.113(a)(1) of this 
subpart, the owner or operator shall comply with the flare provisions in 
Sec. 63.11(b) of subpart A of this part.
    (1) The compliance determination required by Sec. 63.6(h) of subpart 
A of this part shall be conducted using Method 22 of 40 CFR part 60, 
appendix A, to determine visible emissions.
    (2) An owner or operator is not required to conduct a performance 
test to determine percent emission reduction or outlet organic HAP or 
TOC concentration when a flare is used.
    (b) An owner or operator is not required to conduct a performance 
test when any control device specified in paragraphs (b)(1) through 
(b)(4) of this section is used.
    (1) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (2) A boiler or process heater into which the process vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (3) A control device for which a performance test was conducted for 
determining compliance with an NSPS and the test was conducted using the 
same procedures specified in this section and no process changes have 
been made since the test.
    (4) A boiler or process heater burning hazardous waste for which the 
owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (c) Except as provided in paragraphs (a) and (b) of this section, an 
owner or operator using a control device to comply with the organic HAP 
concentration limit or percent reduction efficiency requirements in 
Sec. 63.113(a)(2) of this subpart shall conduct a performance test using 
the procedures in paragraphs (c)(1) through (c)(4) of this section. The 
organic HAP concentration and percent reduction may be measured as 
either total organic HAP or as TOC minus methane and ethane according to 
the procedures specified.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites.
    (i) For determination of compliance with the 98 percent reduction of 
total organic HAP requirement of Sec. 63.113(a)(2) of this subpart, 
sampling sites shall be located at the inlet of the control device as 
specified in paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section, 
and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a process vent stream is introduced with the combustion air 
or as a secondary fuel into a boiler or process heater with a design 
capacity less than 44 megawatts, selection of the location of the inlet 
sampling sites shall ensure the measurement of total organic HAP or TOC 
(minus methane and ethane) concentrations in all process vent streams 
and primary and secondary fuels introduced into the boiler or process 
heater.
    (ii) For determination of compliance with the 20 parts per million 
by volume total organic HAP limit in Sec. 63.113(a)(2) of this subpart, 
the sampling site shall be located at the outlet of the control device.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the 20 parts per million by volume 
total organic HAP limit in Sec. 63.113(a)(2) of this subpart, the owner 
or operator shall use Method 18 of 40 CFR part 60, appendix A to measure 
either TOC minus methane and ethane or total organic HAP. Alternatively, 
any other method or data that has been validated according to the 
applicable procedures in Method 301 of appendix A of this part, may be 
used. The following procedures shall be used to calculate parts per 
million by volume concentration, corrected to 3 percent oxygen:

[[Page 461]]

    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total organic HAP shall be calculated according to paragraph 
(c)(3)(ii)(A) or (c)(3)(ii)(B) of this section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.206

where:

CTOC=Concentration of TOC (minus methane and ethane), dry basis, 
parts per million by volume.
Cji=Concentration of sample components j of sample i, dry basis, 
parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(3)(ii)(A) of this 
section except that only the organic HAP species shall be summed. The 
list of organic HAP's is provided in table 2 of subpart F of this part.
    (iii) The concentration of TOC or total organic HAP shall be 
corrected to 3 percent oxygen if a combustion device is the control 
device.
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2d). The samples shall be taken during the same time that the 
TOC (minus methane or ethane) or total organic HAP samples are taken.
    (B) The concentration corrected to 3 percent oxygen (Cc) shall 
be computed using either of the following equations:
[GRAPHIC] [TIFF OMITTED] TR22AP94.207

where:

Cc=Concentration of TOC or organic HAP corrected to 3 percent 
oxygen, dry basis, parts per million by volume.
Cm=Concentration of TOC (minus methane and ethane) or organic HAP, 
dry basis, parts per million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.

    (4) To determine compliance with the 98 percent reduction 
requirement of Sec. 63.113(a)(2) of this subpart, the owner or operator 
shall use Method 18 of 40 CFR part 60, appendix A; alternatively, any 
other method or data that has been validated according to the applicable 
procedures in Method 301 of appendix A of this part may be used. The 
following procedures shall be used to calculate percent reduction 
efficiency:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time such as 15 minute intervals during 
the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
organic HAP (Ei, Eo) shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR22AP94.208
    
    [GRAPHIC] [TIFF OMITTED] TR22AP94.209
    
where:

Cij, Coj=Concentration of sample component j of the gas stream 
at the inlet and outlet of the control device, respectively, dry basis, 
parts per million by volume.

[[Page 462]]

Ei, Eo=Mass rate of TOC (minus methane and ethane) or total 
organic HAP at the inlet and outlet of the control device, respectively, 
dry basis, kilogram per hour.
Mij, Moj=Molecular weight of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, 
gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and outlet of the 
control device, respectively, dry standard cubic meter per minute.
K2=Constant, 2.494  x  10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram/gram) (minute/hour), where 
standard temperature (gram-mole per standard cubic meter) is 20  deg.C.
    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of 40 CFR 
part 60, appendix A are summed using the equation in paragraph 
(c)(4)(ii)(A) of this section.
    (C) Where the mass rate of total organic HAP is being calculated, 
only the organic HAP species shall be summed using the equation in 
paragraph (c)(4)(ii)(A) of this section. The list of organic HAP's is 
provided in table 2 of subpart F of this part.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total organic HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.210

where:

R=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) or total organic HAP 
at the inlet to the control device as calculated under paragraph 
(c)(4)(ii) of this section, kilograms TOC per hour or kilograms organic 
HAP per hour.
Eo=Mass rate of TOC (minus methane and ethane) or total organic HAP 
at the outlet of the control device, as calculated under paragraph 
(c)(4)(ii) of this section, kilograms TOC per hour or kilograms organic 
HAP per hour.

    (iv) If the process vent stream entering a boiler or process heater 
with a design capacity less than 44 megawatts is introduced with the 
combustion air or as a secondary fuel, the weight-percent reduction of 
total organic HAP or TOC (minus methane and ethane) across the device 
shall be determined by comparing the TOC (minus methane and ethane) or 
total organic HAP in all combusted vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total organic 
HAP exiting the combustion device, respectively.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other control device to control halogenated process vent 
streams in compliance with Sec. 63.113(c)(1) of this subpart shall 
conduct a performance test to determine compliance with the control 
efficiency or emission limits for hydrogen halides and halogens.
    (1) For an owner or operator determining compliance with the percent 
reduction of total hydrogen halides and halogens, sampling sites shall 
be located at the inlet and outlet of the scrubber or other control 
device used to reduce halogen emissions. For an owner or operator 
determining compliance with the less than 0.45 kilogram per hour outlet 
emission limit for total hydrogen halides and halogens, the sampling 
site shall be located at the outlet of the scrubber or other control 
device and prior to any releases to the atmosphere.
    (2) Except as provided in paragraph (d)(5) of this section, Method 
26 or Method 26A of 40 CFR part 60, appendix A, shall be used to 
determine the concentration, in milligrams per dry standard cubic meter, 
of total hydrogen halides and halogens that may be present in the vent 
stream. The mass emissions of each hydrogen halide and halogen compound 
shall be calculated from the measured concentrations and the gas stream 
flow rate.
    (3) To determine compliance with the percent removal efficiency, the 
mass emissions for any hydrogen halides and halogens present at the 
inlet of the scrubber or other control device shall be summed together. 
The mass emissions of the compounds present at the outlet of the 
scrubber or other control

[[Page 463]]

device shall be summed together. Percent reduction shall be determined 
by comparison of the summed inlet and outlet measurements.
    (4) To demonstrate compliance with the less than 0.45 kilogram per 
hour outlet emission limit, the test results must show that the mass 
emission rate of total hydrogen halides and halogens measured at the 
outlet of the scrubber or other control device is below 0.45 kilogram 
per hour.
    (5) The owner or operator may use any other method to demonstrate 
compliance if the method or data has been validated according to the 
applicable procedures of Method 301 of appendix A of this part.
    (e) An owner or operator using a scrubber or other control technique 
to reduce the vent stream halogen atom mass emission rate to less than 
0.45 kilogram per hour prior to a combustion control device in 
compliance with Sec. 63.113(c)(2) of this subpart shall determine the 
halogen atom mass emission rate prior to the combustor according to the 
procedures in Sec. 63.115(d)(2)(v) of this subpart.



Sec. 63.117  Process vent provisions--reporting and recordkeeping requirements for group and TRE determinations and performance tests.

    (a) Each owner or operator subject to the control provisions for 
Group 1 vent streams in Sec. 63.113(a) of this subpart or the provisions 
for Group 2 vent streams with a TRE index value greater than 1.0 but 
less than or equal to 4.0 in Sec. 63.113(d) of this subpart shall:
    (1) Keep an up-to-date, readily accessible record of the data 
specified in paragraphs (a)(4) through (a)(8) of this section, as 
applicable, and
    (2) Include the data in paragraphs (a)(4) through (a)(8) of this 
section in the Notification of Compliance Status report as specified in 
Sec. 63.152(b) of this subpart.
    (3) If any subsequent TRE determinations or performance tests are 
conducted after the Notification of Compliance Status has been 
submitted, report the data in paragraphs (a)(4) through (a)(8) of this 
section in the next Periodic Report as specified in Sec. 63.152(c) of 
this subpart.
    (4) Record and report the following when using a combustion device 
to achieve a 98 weight percent reduction in organic HAP or an organic 
HAP concentration of 20 parts per million by volume, as specified in 
Sec. 63.113(a)(2) of this subpart:
    (i) The parameter monitoring results for incinerators, catalytic 
incinerators, boilers or process heaters specified in table 3 of this 
subpart, and averaged over the same time period of the performance 
testing.
    (ii) For an incinerator, the percent reduction of organic HAP or TOC 
achieved by the incinerator determined as specified in Sec. 63.116(c) of 
this subpart, or the concentration of organic HAP or TOC (parts per 
million by volume, by compound) determined as specified in 
Sec. 63.116(c) of this subpart at the outlet of the incinerator on a dry 
basis corrected to 3 percent oxygen.
    (iii) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater.
    (iv) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts and where the process vent stream is 
introduced with combustion air or used as a secondary fuel and is not 
mixed with the primary fuel, the percent reduction of organic HAP or 
TOC, or the concentration of organic HAP or TOC (parts per million by 
volume, by compound) determined as specified in Sec. 63.116(c) of this 
subpart at the outlet of the combustion device on a dry basis corrected 
to 3 percent oxygen.
    (5) Record and report the following when using a flare to comply 
with Sec. 63.113(a)(1) of this subpart:
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.116(a) of this subpart; and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated process vent stream:

[[Page 464]]

    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 63.116(d) of 
this subpart;
    (ii) The pH of the scrubber effluent; and
    (iii) The scrubber liquid to gas ratio.
    (7) Record and report the following when achieving and maintaining a 
TRE index value greater than 1.0 but less than 4.0 as specified in 
Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart:
    (i) The parameter monitoring results for absorbers, condensers, or 
carbon adsorbers, as specified in table 4 of this subpart, and averaged 
over the same time period of the measurements of vent stream flow rate 
and concentration used in the TRE determination (both measured while the 
vent stream is normally routed and constituted), and
    (ii) The measurements and calculations performed to determine the 
TRE index value of the vent stream.
    (8) Record and report the halogen concentration in the process vent 
stream determined according to the procedures specified in 
Sec. 63.115(d)(2)(v) of this subpart.
    (b) The owner or operator of a Group 2 process vent with a TRE index 
greater than 4.0 as specified in Sec. 63.113(e) of this subpart, shall 
maintain records and submit as part of the Notification of Compliance 
Status specified in Sec. 63.152 of this subpart, measurements, 
engineering assessments, and calculations performed to determine the TRE 
index value of the vent stream. Documentation of engineering assessments 
shall include all data, assumptions, and procedures used for the 
engineering assessments, as specified in Sec. 63.115(d)(1) of this 
subpart.
    (c) Each owner or operator who elects to demonstrate that a process 
vent is a Group 2 process vent based on a flow rate less than 0.005 
standard cubic meter per minute must submit to the Administrator the 
flow rate measurement using methods and procedures specified in 
Sec. 63.115 (a) and (b) of this subpart with the Notification of 
Compliance Status specified in Sec. 63.152 of this subpart.
    (d) Each owner or operator who elects to demonstrate that a process 
vent is a Group 2 process vent based on organic HAP or TOC concentration 
less than 50 parts per million by volume must submit to the 
Administrator an organic HAP or TOC concentration measurement using the 
methods and procedures specified in Sec. 63.115 (a) and (c) of this 
subpart with the Notification of Compliance Status specified in 
Sec. 63.152 of this subpart.
    (e) If an owner or operator uses a control or recovery device other 
than those listed in tables 3 and 4 of this subpart or requests approval 
to monitor a parameter other than those specified in tables 3 and 4 of 
this subpart, the owner or operator shall submit a description of 
planned reporting and recordkeeping procedures as required under 
Sec. 63.151(f) or Sec. 63.152(e) of this subpart. The Administrator will 
specify appropriate reporting and recordkeeping requirements as part of 
the review of the Implementation Plan or permit application.
    (f) For each parameter monitored according to tables 3 or 4 of this 
subpart or paragraph (e) of this section, the owner or operator shall 
establish a range for the parameter that indicates proper operation of 
the control or recovery device. In order to establish the range, the 
information required in Sec. 63.152(b) of this subpart shall be 
submitted in the Notification of Compliance Status or the operating 
permit application or amendment.



Sec. 63.118  Process vent provisions--Periodic reporting and recordkeeping requirements.

    (a) Each owner or operator using a control device to comply with 
Sec. 63.113 (a)(1) or (a)(2) of this subpart shall keep the following 
records up-to-date and readily accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(a) of this subpart and 
listed in table 3 of this subpart or specified by the Administrator in 
accordance with Sec. 63.114(c) and Sec. 63.117(e) of this subpart. For 
flares, the hourly records and records of pilot flame outages specified 
in table 3 of this subpart shall be maintained in place of continuous 
records.
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day, except as

[[Page 465]]

provided in paragraphs (a)(2)(iv) and (a)(2)(v) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day, 
except as provided in paragraph (a)(2)(ii) of this section. The average 
shall cover a 24-hour period if operation is continuous, or the number 
of hours of operation per operating day if operation is not continuous.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or daily 
averages. Records shall be kept of the times and durations of all such 
periods and any other periods of process or control device operation 
when monitors are not operating.
    (iii) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status in Sec. 63.152(b) of 
this subpart. It may be from midnight to midnight or another daily 
period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status in Sec. 63.152(b) of this subpart or operating permit, 
the owner or operator may record that all values were within the range 
rather than calculating and recording a daily average for that operating 
day.
    (v) For flares, records of the times and duration of all periods 
during which the pilot flame is absent shall be kept rather than daily 
averages.
    (3) Hourly records of whether the flow indicator specified under 
Sec. 63.114(d)(1) of this subpart was operating and whether flow was 
detected at any time under the hour, as well as records of the times and 
durations of all periods when the vent stream is diverted from the 
control device or the monitor is not operating.
    (4) Where a seal mechanism is used to comply with Sec. 63.114(d)(2) 
of this subpart, hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanism has been done, and shall record the 
duration of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type lock 
has been checked out, and records of any car-seal that has broken.
    (b) Each owner or operator using a product recovery device or other 
means to achieve and maintain a TRE index value greater than 1.0 but 
less than 4.0 as specified in Sec. 63.114(a)(3) or Sec. 63.113(d) of 
this subpart shall keep the following records up-to-date and readily 
accessible:
    (1) Continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.114(b) of this subpart and 
listed in table 4 of this subpart or specified by the Administrator in 
accordance with Sec. 63.114(c) of this subpart and Sec. 63.114(e) of 
this subpart and
    (2) Records of the daily average value of each continuously 
monitored parameter for each operating day, except as provided in 
paragraph (b)(2)(iv) and (b)(2)(v) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day 
except as provided in paragraph (b)(2)(ii) of this section. The average 
shall cover a 24-hour period if operating is continous, or the number of 
hours of operation per operating day if operation is not continuous.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or daily 
averages. Records shall be kept of the times and durations of all such 
periods and any other periods of process or control device operation 
when monitors are not operating.
    (iii) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status. It may be from midnight 
to midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were

[[Page 466]]

within the range rather than calculating and recording a daily average 
for that operating day.
    (v) If carbon adsorber regeneration stream flow and carbon bed 
regeneration temperature are monitored, the records specified in table 4 
of this subpart shall be kept instead of the daily averages.
    (c) Each owner or operator subject to the provisions of this subpart 
and who elects to demonstrate compliance with the TRE index value 
greater than 4.0 under Sec. 63.113(e) of this subpart or greater than 
1.0 under Sec. 63.113(a)(3) or Sec. 63.113(d) of this subpart shall keep 
up-to-date, readily accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this 
subpart; and
    (2) Any recalculation of the TRE index value pursuant to 
Sec. 63.115(e) of this subpart.
    (d) Each owner or operator who elects to comply by maintining a flow 
rate less than 0.005 standard cubic meter per minute under 
Sec. 63.113(f) of this subpart, shall keep up-to-date, readily 
accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this subpart 
that increase the vent stream flow rate,
    (2) Any recalculation or measurement of the flow rate pursuant to 
Sec. 63.115(e) of this subpart, and
    (3) If the flow rate increases to 0.005 standard cubic meter per 
minute or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) of 
this subpart.
    (e) Each owner or operator who elects to comply by maintaining an 
organic HAP concentration less than 50 parts per million by volume 
organic HAP concentration under Sec. 63.113(g) of this subpart shall 
keep up-to-date, readily accessible records of:
    (1) Any process changes as defined in Sec. 63.115(e) of this subpart 
that increase the organic HAP concentration of the process vent stream,
    (2) Any recalculation or measurement of the concentration pursuant 
to Sec. 63.115(e) of this subpart, and
    (3) If the organic HAP concentration increases to 50 parts per 
million by volume or greater as a result of the process change, the TRE 
determination performed according to the procedures of Sec. 63.115(d) of 
this subpart.
    (f) Each owner or operator who elects to comply with the 
requirements of Sec. 63.113 of this subpart shall submit to the 
Administrator Periodic Reports of the following recorded information 
according to the schedule in Sec. 63.152 of this subpart.
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values recorded under paragraphs 
(a) and (b) of this section were outside the ranges established in the 
Notification of Compliance Status or operating permit.
    (2) For Group 1 points, reports of the duration of periods when 
monitoring data is not collected for each excursion caused by 
insufficient monitoring data as defined in Sec. 63.152(c)(2)(ii)(A) of 
this subpart.
    (3) Reports of the times and durations of all periods recorded under 
paragraph (a)(3) of this section when the vent stream is diverted from 
the control device through a bypass line.
    (4) Reports of all periods recorded under paragraph (a)(4) of this 
section in which the seal mechanism is broken, the bypass line valve 
position has changed, or the key to unlock the bypass line valve was 
checked out.
    (5) Reports of the times and durations of all periods recorded under 
paragraph (a)(2)(v) of this section in which all pilot flames of a flare 
were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (b)(2)(v) of this section were 
outside the ranges established in the Notification of Compliance Status 
or operating permit.
    (g) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent to become a Group 1 
process vent, the owner or operator shall submit a report within 180 
calendar days after the process change as specified in Sec. 63.151(j) of 
this subpart. The report shall include:
    (1) A description of the process change;
    (2) The results of the recalculation of the flow rate, organic HAP 
concentration, and TRE index value required

[[Page 467]]

under Sec. 63.115(e) of this subpart and recorded under paragraph (c), 
(d), or (e) of this section; and
    (3) A statement that the owner or operator will comply with the 
provisions of Sec. 63.113 of this subpart for Group 1 process vents by 
the dates specified in subpart F of this part.
    (h) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with a TRE greater 
than 4.0 to become a Group 2 process vent with a TRE less than 4.0, the 
owner or operator shall submit a report within 180 calendar days after 
the process change. The report may be submitted as part of the next 
periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the TRE index value required 
under Sec. 63.115(e) of this subpart and recorded under paragraph (c) of 
this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (i) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with a flow rate 
less than 0.005 standard cubic meter per minute to become a Group 2 
process vent with a flow rate of 0.005 standard cubic meter per minute 
or greater and a TRE index value less than or equal to 4.0, the owner or 
operator shall submit a report within 180 calendar days after the 
process change. The report may be submitted as part of the next periodic 
report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the flow rate and the TRE 
determination required under Sec. 63.115(e) of this subpart and recorded 
under paragraph (d) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (j) Whenever a process change, as defined in Sec. 63.115(e) of this 
subpart, is made that causes a Group 2 process vent with an organic HAP 
concentration less than 50 parts per million by volume to become a Group 
2 process vent with an organic HAP concentration of 50 parts per million 
by volume or greater and a TRE index value less than or equal to 4.0, 
the owner or operator shall submit a report within 180 calendar days 
after the process change. The report may be submitted as part of the 
next periodic report. The report shall include:
    (1) A description of the process change,
    (2) The results of the recalculation of the organic HAP 
concentration and the TRE determination required under Sec. 63.115(e) of 
this subpart and recorded under paragraph (e) of this section, and
    (3) A statement that the owner or operator will comply with the 
requirements specified in Sec. 63.113(d) of this subpart.
    (k) The owner or operator is not required to submit a report of a 
process change if one of the conditions listed in paragraph (k)(1), 
(k)(2), (k)(3), or (k)(4) of this section is met.
    (1) The process change does not meet the definition of a process 
change in Sec. 63.115(e) of this subpart, or
    (2) The vent stream flow rate is recalculated according to 
Sec. 63.115(e) of this subpart and the recalculated value is less than 
0.005 standard cubic meter per minute, or
    (3) The organic HAP concentration of the vent stream is recalculated 
according to Sec. 63.115(e) of this subpart and the recalculated value 
is less than 50 parts per million by volume, or
    (4) The TRE index value is recalculated according to Sec. 63.115(e) 
of this subpart and the recalculated value is greater than 4.0.



Sec. 63.119  Storage vessel provisions--reference control technology.

    (a) For each storage vessel to which this subpart applies, the owner 
or operator shall comply with the requirements of paragraphs (a)(1), 
(a)(2), (a)(3), and (a)(4) of this section according to the schedule 
provisions of Sec. 63.100 of subpart F of this part.
    (1) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of this subpart for new 
sources) storing a liquid for which the maximum true vapor pressure of 
the total organic HAP's in

[[Page 468]]

the liquid is less than 76.6 kilopascals, the owner or operator shall 
reduce HAP emissions to the atmosphere by operating and maintaining 
either a fixed roof and internal floating roof, an external floating 
roof, an external floating roof converted to an internal floating roof, 
or a closed vent system and control device in accordance with the 
requirements in paragraph (b), (c), (d), or (e) of this section, or 
equivalent as provided in Sec. 63.121 of this subpart.
    (2) For each Group 1 storage vessel (as defined in table 5 of this 
subpart for existing sources and table 6 of this subpart for new 
sources) storing a liquid for which the maximum true vapor pressure of 
the total organic HAP's in the liquid is greater than or equal to 76.6 
kilopascals, the owner or operator shall operate and maintain a closed 
vent system and control device meeting the requirements specified in 
paragraph (e) of this section, or equivalent as provided in Sec. 63.121 
of this subpart.
    (3) For each Group 2 storage vessel that is not part of an emissions 
average as described in Sec. 63.150 of this subpart, the owner or 
operator shall comply with the recordkeeping requirement in 
Sec. 63.123(a) of this subpart and is not required to comply with any 
other provisions in Secs. 63.119 through 63.123 of this subpart.
    (4) For each Group 2 storage vessel that is part of an emissions 
average, the owner or operator shall comply with the emissions averaging 
provisions in Sec. 63.150 of this subpart.
    (b) The owner or operator who elects to use a fixed roof and an 
internal floating roof, as defined in Sec. 63.111 of this subpart, to 
comply with the requirements of paragraph (a)(1) of this section shall 
comply with the requirements specified in paragraphs (b)(1) through 
(b)(6) of this section.

    Note: The intent of paragraphs (b)(1) and (b)(2) of this section is 
to avoid having a vapor space between the floating roof and the stored 
liquid for extended periods. Storage vessels may be emptied for purposes 
such as routine storage vessel maintenance, inspections, petroleum 
liquid deliveries, or transfer operations. Storage vessels where liquid 
is left on walls, as bottom clingage, or in pools due to floor 
irregularity are considered completely empty.

    (1) The internal floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (b)(1)(i) 
through (b)(1)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (2) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as possible.
    (3) Each internal floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge. Except 
as provided in paragraph (b)(3)(iv) of this section, the closure device 
shall consist of one of the devices listed in paragraph (b)(3)(i), 
(b)(3)(ii), or (b)(3)(iii) of this section.
    (i) A liquid-mounted seal as defined in Sec. 63.111 of this subpart.
    (ii) A metallic shoe seal as defined in Sec. 63.111 of this subpart.
    (iii) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the storage vessel and the edge of the internal floating roof. The lower 
seal may be vapor- mounted, but both must be continuous seals.
    (iv) If the internal floating roof is equipped with a vapor-mounted 
seal as of December 31, 1992, the requirement for one of the seal 
options specified in paragraphs (b)(3)(i), (b)(3)(ii), and (b)(3)(iii) 
of this section does not apply until the earlier of the dates specified 
in paragraphs (b)(3)(iv)(A) and (b)(3)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (4) Automatic bleeder vents are to be closed at all times when the 
roof is floating, except when the roof is being floated off or is being 
landed on the roof leg supports.
    (5) Except as provided in paragraph (b)(5)(viii) of this section, 
each internal

[[Page 469]]

floating roof shall meet the specifications listed in paragraphs 
(b)(5)(i) through (b)(5)(vii) of this section.
    (i) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents is to 
provide a projection below the liquid surface.
    (ii) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains shall be equipped with a cover or 
lid. The cover or lid shall be equipped with a gasket.
    (iii) Each penetration of the internal floating roof for the 
purposes of sampling shall be a sample well. Each sample well shall have 
a slit fabric cover that covers at least 90 percent of the opening.
    (iv) Each automatic bleeder vent shall be gasketed.
    (v) Each rim space vent shall be gasketed.
    (vi) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (vii) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (viii) If the internal floating roof does not meet any one of the 
specifications listed in paragraphs (b)(5)(i) through (b)(5)(vii) of 
this section as of December 31, 1992, the requirement for meeting those 
specifications does not apply until the earlier of the dates specified 
in paragraphs (b)(5)(viii)(A) and (b)(5)(viii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (6) Each cover or lid on any opening in the internal floating roof 
shall be closed (i.e., no visible gaps), except when the cover or lid 
must be open for access. Covers on each access hatch and each gauge 
float well shall be bolted or fastened so as to be air-tight when they 
are closed. Rim space vents are to be set to open only when the internal 
floating roof is not floating or when the pressure beneath the rim seal 
exceeds the manufacturer's recommended setting.
    (c) The owner or operator who elects to use an external floating 
roof, as defined in Sec. 63.111 of this subpart, to comply with the 
requirements of paragraph (a)(1) of this section shall comply with the 
requirements specified in paragraphs (c)(1) through (c)(4) of this 
section.
    (1) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge.
    (i) Except as provided in paragraph (c)(1)(iv) of this section, the 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal and the upper seal is 
referred to as the secondary seal.
    (ii) Except as provided in paragraph (c)(1)(v) of this section, the 
primary seal shall be either a metallic shoe seal or a liquid-mounted 
seal.
    (iii) Except during the inspections required by Sec. 63.120(b) of 
this subpart, both the primary seal and the secondary seal shall 
completely cover the annular space between the external floating roof 
and the wall of the storage vessel in a continuous fashion.
    (iv) If the external floating roof is equipped with a liquid-mounted 
or metallic shoe primary seal as of December 31, 1992, the requirement 
for a secondary seal in paragraph (c)(1)(i) of this section does not 
apply until the earlier of the dates specified in paragraphs 
(c)(1)(iv)(A) and (c)(1)(iv)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.
    (v) If the external floating roof is equipped with a vapor-mounted 
primary seal and a secondary seal as of December 31, 1992, the 
requirement for a liquid-mounted or metallic shoe primary seal in 
paragraph (c)(1)(ii) of this section does not apply until the earlier of 
the dates specified in paragraphs (c)(1)(v)(A) and (c)(1)(v)(B) of this 
section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.

[[Page 470]]

    (2) Each external floating roof shall meet the specifications listed 
in paragraphs (c)(2)(i) through (c)(2)(xii) of this section.
    (i) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in the noncontact external floating roof 
shall provide a projection below the liquid surface except as provided 
in paragraph (c)(2)(xii) of this section.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof is to be equipped with 
a gasketed cover, seal or lid which is to be maintained in a closed 
position (i.e., no visible gap) at all times except when the cover or 
lid must be open for access. Covers on each access hatch and each gauge 
float well shall be bolted or fastened so as to be air-tight when they 
are closed.
    (iii) Automatic bleeder vents are to be closed at all times when the 
roof is floating, except when the roof is being floated off or is being 
landed on the roof leg supports.
    (iv) Rim space vents are to be set to open only when the roof is 
being floated off the roof leg supports or when the pressure beneath the 
rim seal exceeds the manufacturer's recommended setting.
    (v) Automatic bleeder vents and rim space vents are to be gasketed.
    (vi) Each roof drain that empties into the stored liquid is to be 
provided with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening.
    (vii) Each unslotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (viii) Each unslotted guide pole shall have on the end of the pole a 
gasketed cap which is closed at all times except when gauging the liquid 
level or taking liquid samples.
    (ix) Each slotted guide pole well shall have a gasketed sliding 
cover or a flexible fabric sleeve seal.
    (x) Each slotted guide pole shall have a gasketed float or other 
device which closes off the liquid surface from the atmosphere.
    (xi) Each gauge hatch/sample well shall have a gasketed cover which 
is closed at all times except when the hatch or well must be open for 
access.
    (xii) If each opening in a noncontact external floating roof except 
for automatic bleeder vents (vacuum breaker vents) and rim space vents 
does not provide a projection below the liquid surface as of December 
31, 1992, the requirement for providing these projections below the 
liquid surface does not apply until the earlier of the dates specified 
in paragraphs (c)(2)(xii)(A) and (c)(2)(xii)(B) of this section.
    (A) The next time the storage vessel is emptied and degassed.
    (B) No later than 10 years after April 22, 1994.

    Note: The intent of paragraphs (c)(3) and (c)(4) of this section is 
to avoid having a vapor space between the floating roof and the stored 
liquid for extended periods. Storage vessels may be emptied for purposes 
such as routine storage vessel maintenance, inspections, petroleum 
liquid deliveries, or transfer operations. Storage vessels where liquid 
is left on walls, as bottom clingage, or in pools due to floor 
irregularity are considered completely empty.

    (3) The external floating roof shall be floating on the liquid 
surface at all times except when the floating roof must be supported by 
the leg supports during the periods specified in paragraphs (c)(3)(i) 
through (c)(3)(iii) of this section.
    (i) During the initial fill.
    (ii) After the vessel has been completely emptied and degassed.
    (iii) When the vessel is completely emptied before being 
subsequently refilled.
    (4) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as possible.
    (d) The owner or operator who elects to use an external floating 
roof converted to an internal floating roof (i.e., fixed roof installed 
above external floating roof) to comply with paragraph (a)(1) of this 
section shall comply with paragraphs (d)(1) and (d)(2) of this section.
    (1) Comply with the requirements for internal floating roof vessels 
specified in paragraphs (b)(1), (2), and (3) of this section; and

[[Page 471]]

    (2) Comply with the requirements for deck fittings that are 
specified for external floating roof vessels in paragraphs (c)(2)(i) 
through (c)(2)(xii) of this section.
    (e) The owner or operator who elects to use a closed vent system and 
control device, as defined in Sec. 63.111 of this subpart, to comply 
with the requirements of paragraph (a)(1) or (a)(2) of this section 
shall comply with the requirements specified in paragraphs (e)(1) 
through (e)(5) of this section.
    (1) Except as provided in paragraph (e)(2) of this section, the 
control device shall be designed and operated to reduce inlet emissions 
of total organic HAP by 95 percent or greater. If a flare is used as the 
control device, it shall meet the specifications described in the 
general control device requirements of Sec. 63.11(b) of subpart A of 
this part.
    (2) If the owner or operator can demonstrate that a control device 
installed on a storage vessel on or before December 31, 1992 is designed 
to reduce inlet emissions of total organic HAP by greater than or equal 
to 90 percent but less than 95 percent, then the control device is 
required to be operated to reduce inlet emissions of total organic HAP 
by 90 percent or greater.
    (3) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraph (e)(1) or (e)(2) of this section, as applicable, shall not 
exceed 240 hours per year.
    (4) The specifications and requirements in paragraphs (e)(1) and 
(e)(2) of this section for control devices do not apply during periods 
of planned routine maintenance.
    (5) The specifications and requirements in paragraphs (e)(1) and 
(e)(2) of this section for control devices do not apply during a control 
system malfunction.



Sec. 63.120  Storage vessel provisions--procedures to determine compliance.

    (a) To demonstrate compliance with Sec. 63.119(b) of this subpart 
(storage vessel equipped with a fixed roof and internal floating roof) 
or with Sec. 63.119(d) of this subpart (storage vessel equipped with an 
external floating roof converted to an internal floating roof), the 
owner or operator shall comply with the requirements in paragraphs 
(a)(1) through (a)(7) of this section.
    (1) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, and the secondary seal (if one is in 
service), according to the schedule specified in paragraphs (a)(2) and 
(a)(3) of this section.
    (2) For vessels equipped with a single-seal system, the owner or 
operator shall perform the inspections specified in paragraphs (a)(2)(i) 
and (a)(2)(ii) of this section.
    (i) Visually inspect the internal floating roof and the seal through 
manholes and roof hatches on the fixed roof at least once every 12 
months after initial fill, or at least once every 12 months after the 
compliance date specified in Sec. 63.100 of subpart F of this part.
    (ii) Visually inspect the internal floating roof, the seal, gaskets, 
slotted membranes, and sleeve seals (if any) each time the storage 
vessel is emptied and degassed, and at least once every 10 years after 
the compliance date specified in Sec. 63.100 of subpart F of this part.
    (3) For vessels equipped with a double-seal system as specified in 
Sec. 63.119(b)(3)(iii) of this subpart, the owner or operator shall 
perform either the inspection required in paragraph (a)(3)(i) of this 
section or the inspections required in both paragraphs (a)(3)(ii) and 
(a)(3)(iii) of this section.
    (i) The owner or operator shall visually inspect the internal 
floating roof, the primary seal, the secondary seal, gaskets, slotted 
membranes, and sleeve seals (if any) each time the storage vessel is 
emptied and degassed and at least once every 5 years after the 
compliance date specified in Sec. 63.100 of subpart F of this part; or
    (ii) The owner or operator shall visually inspect the internal 
floating roof and the secondary seal through manholes and roof hatches 
on the fixed roof at least once every 12 months after initial fill, or 
at least once every 12 months after the compliance date specified in 
Sec. 63.100 of subpart F of this part, and

[[Page 472]]

    (iii) Visually inspect the internal floating roof, the primary seal, 
the secondary seal, gaskets, slotted membranes, and sleeve seals (if 
any) each time the vessel is emptied and degassed and at least once 
every 10 years after the compliance date specified in Sec. 63.100 of 
subpart F of this part.
    (4) If during the inspections required by paragraph (a)(2)(i) or 
(a)(3)(ii) of this section, the internal floating roof is not resting on 
the surface of the liquid inside the storage vessel and is not resting 
on the leg supports; or there is liquid on the floating roof; or the 
seal is detached; or there are holes or tears in the seal fabric; or 
there are visible gaps between the seal and the wall of the storage 
vessel, the owner or operator shall repair the items or empty and remove 
the storage vessel from service within 45 calendar days. If a failure 
that is detected during inspections required by paragraph (a)(2)(i) or 
(a)(3)(ii) of this section cannot be repaired within 45 calendar days 
and if the vessel cannot be emptied within 45 calendar days, the owner 
or operator may utilize up to 2 extensions of up to 30 additional 
calendar days each. Documentation of a decision to utilize an extension 
shall include a description of the failure, shall document that 
alternate storage capacity is unavailable, and shall specify a schedule 
of actions that will ensure that the control equipment will be repaired 
or the vessel will be emptied as soon as possible.
    (5) Except as provided in paragraph (a)(6) of this section, for all 
the inspections required by paragraphs (a)(2)(ii), (a)(3)(i), and 
(a)(3)(iii) of this section, the owner or operator shall notify the 
Administrator in writing at least 30 calendar days prior to the 
refilling of each storage vessel to afford the Administrator the 
opportunity to have an observer present.
    (6) If the inspection required by paragraph (a)(2)(ii), (a)(3)(i), 
or (a)(3)(iii) of this section is not planned and the owner or operator 
could not have known about the inspection 30 calendar days in advance of 
refilling the vessel, the owner or operator shall notify the 
Administrator at least 7 calendar days prior to the refilling of the 
storage vessel. Notification may be made by telephone and immediately 
followed by written documentation demonstrating why the inspection was 
unplanned. Alternatively, the notification including the written 
documentation may be made in writing and sent so that it is received by 
the Administrator at least 7 calendar days prior to refilling.
    (7) If during the inspections required by paragraph (a)(2)(ii), 
(a)(3)(i), or (a)(3)(iii) of this section, the internal floating roof 
has defects; or the primary seal has holes, tears, or other openings in 
the seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or the gaskets no longer 
close off the liquid surface from the atmosphere; or the slotted 
membrane has more than 10 percent open area, the owner or operator shall 
repair the items as necessary so that none of the conditions specified 
in this paragraph exist before refilling the storage vessel with organic 
HAP.
    (b) To demonstrate compliance with Sec. 63.119(c) of this subpart 
(storage vessel equipped with an external floating roof), the owner or 
operator shall comply with the requirements specified in paragraphs 
(b)(1) through (b)(10) of this section.
    (1) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine the gap areas and maximum gap widths 
between the primary seal and the wall of the storage vessel, and the 
secondary seal and the wall of the storage vessel according to the 
frequency specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section.
    (i) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
primary seal shall be performed during the hydrostatic testing of the 
vessel or by the compliance date specified in Sec. 63.100 of subpart F 
of this part, whichever occurs last, and at least once every 5 years 
thereafter.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as 
provided for in Sec. 63.119(c)(1)(iv) of this subpart, measurements of 
gaps between the vessel

[[Page 473]]

wall and the primary seal shall be performed by the compliance date 
specified in Sec. 63.100 of subpart F of this part and at least once per 
year thereafter, until a secondary seal is installed. When a secondary 
seal is installed above the primary seal, measurements of gaps between 
the vessel wall and both the primary and secondary seals shall be 
performed within 90 calendar days of installation of the secondary seal, 
and according to the frequency specified in paragraphs (b)(1)(i) and 
(b)(1)(iii) of this section thereafter.
    (iii) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
secondary seal shall be performed by the compliance date specified in 
Sec. 63.100 of subpart F of this part and at least once per year 
thereafter.
    (iv) If any storage vessel ceases to store organic HAP for a period 
of 1 year or more, or if the maximum true vapor pressure of the total 
organic HAP's in the stored liquid falls below the values defining Group 
1 storage vessels specified in table 5 or table 6 of this subpart for a 
period of 1 year or more, measurements of gaps between the vessel wall 
and the primary seal, and gaps between the vessel wall and the secondary 
seal shall be performed within 90 calendar days of the vessel being 
refilled with organic HAP.
    (2) Except as provided in paragraph (b)(7) of this section, the 
owner or operator shall determine gap widths and gap areas in the 
primary and secondary seals (seal gaps) individually by the procedures 
described in paragraphs (b)(2)(i) through (b)(2)(iii) of this section.
    (i) Seal gaps, if any, shall be measured at one or more floating 
roof levels when the roof is not resting on the roof leg supports.
    (ii) Seal gaps, if any, shall be measured around the entire 
circumference of the vessel in each place where a 0.32 centimeter 
diameter uniform probe passes freely (without forcing or binding against 
the seal) between the seal and the wall of the storage vessel. The 
circumferential distance of each such location shall also be measured.
    (iii) The total surface area of each gap described in paragraph 
(b)(2)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the vessel 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (3) The owner or operator shall add the gap surface area of each gap 
location for the primary seal and divide the sum by the nominal diameter 
of the vessel. The accumulated area of gaps between the vessel wall and 
the primary seal shall not exceed 212 square centimeters per meter of 
vessel diameter and the width of any portion of any gap shall not exceed 
3.81 centimeters.
    (4) The owner or operator shall add the gap surface area of each gap 
location for the secondary seal and divide the sum by the nominal 
diameter of the vessel. The accumulated area of gaps between the vessel 
wall and the secondary seal shall not exceed 21.2 square centimeters per 
meter of vessel diameter and the width of any portion of any gap shall 
not exceed 1.27 centimeters. These seal gap requirements may be exceeded 
during the measurement of primary seal gaps as required by paragraph 
(b)(1)(i) and (b)(1)(ii) of this section.
    (5) The primary seal shall meet the additional requirements 
specified in paragraphs (b)(5)(i) and (b)(5)(ii) of this section.
    (i) Where a metallic shoe seal is in use, one end of the metallic 
shoe shall extend into the stored liquid and the other end shall extend 
a minimum vertical distance of 61 centimeters above the stored liquid 
surface.
    (ii) There shall be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (6) The secondary seal shall meet the additional requirements 
specified in paragraphs (b)(6)(i) and (b)(6)(ii) of this section.
    (i) The secondary seal shall be installed above the primary seal so 
that it completely covers the space between the roof edge and the vessel 
wall except as provided in paragraph (b)(4) of this section.
    (ii) There shall be no holes, tears, or other openings in the seal 
or seal fabric.
    (7) If the owner or operator determines that it is unsafe to perform 
the

[[Page 474]]

seal gap measurements required in paragraphs (b)(1) and (b)(2) of this 
section or to inspect the vessel to determine compliance with paragraphs 
(b)(5) and (b)(6) of this section because the floating roof appears to 
be structurally unsound and poses an imminent or potential danger to 
inspecting personnel, the owner or operator shall comply with the 
requirements in either paragraph (b)(7)(i) or (b)(7)(ii) of this 
section.
    (i) The owner or operator shall measure the seal gaps or inspect the 
storage vessel no later than 30 calendar days after the determination 
that the roof is unsafe, or
    (ii) The owner or operator shall empty and remove the storage vessel 
from service no later than 45 calendar days after determining that the 
roof is unsafe. If the vessel cannot be emptied within 45 calendar days, 
the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include an explanation of why it was unsafe to perform 
the inspection or seal gap measurement, shall document that alternate 
storage capacity is unavailable, and shall specify a schedule of actions 
that will ensure that the vessel will be emptied as soon as possible.
    (8) The owner or operator shall repair conditions that do not meet 
requirements listed in paragraphs (b)(3), (b)(4), (b)(5), and (b)(6) of 
this section (i.e., failures) no later than 45 calendar days after 
identification, or shall empty and remove the storage vessel from 
service no later than 45 calendar days after identification. If during 
seal gap measurements required in paragraph (b)(1) and (b)(2) of this 
section or during inspections necessary to determine compliance with 
paragraphs (b)(5) and (b)(6) of this section a failure is detected that 
cannot be repaired within 45 calendar days and if the vessel cannot be 
emptied within 45 calendar days, the owner or operator may utilize up to 
2 extensions of up to 30 additional calendar days each. Documentation of 
a decision to utilize an extension shall include a description of the 
failure, shall document that alternate storage capacity is unavailable, 
and shall specify a schedule of actions that will ensure that the 
control equipment will be repaired or the vessel will be emptied as soon 
as possible.
    (9) The owner or operator shall notify the Administrator in writing 
30 calendar days in advance of any gap measurements required by 
paragraph (b)(1) or (b)(2) of this section to afford the Administrator 
the opportunity to have an observer present.
    (10) The owner or operator shall visually inspect the external 
floating roof, the primary seal, secondary seal, and fittings each time 
the vessel is emptied and degassed.
    (i) If the external floating roof has defects; the primary seal has 
holes, tears, or other openings in the seal or the seal fabric; or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric; or the gaskets no longer close off the liquid surface from 
the atmosphere; or the slotted membrane has more than 10 percent open 
area, the owner or operator shall repair the items as necessary so that 
none of the conditions specified in this paragraph exist before filling 
or refilling the storage vessel with organic HAP.
    (ii) Except as provided in paragraph (b)(10)(iii) of this section, 
for all the inspections required by paragraph (b)(10) of this section, 
the owner or operator shall notify the Administrator in writing at least 
30 calendar days prior to filling or refilling of each storage vessel 
with organic HAP to afford the Administrator the opportunity to inspect 
the storage vessel prior to refilling.
    (iii) If the inspection required by paragraph (b)(10) of this 
section is not planned and the owner or operator could not have known 
about the inspection 30 calendar days in advance of refilling the vessel 
with organic HAP, the owner or operator shall notify the Administrator 
at least 7 calendar days prior to refilling of the storage vessel. 
Notification may be made by telephone and immediately followed by 
written documentation demonstrating why the inspection was unplanned. 
Alternatively, this notification including the written documentation may 
be made in writing and sent so that it is received by the Administrator 
at least 7 calendar days prior to the refilling.

[[Page 475]]

    (c) To demonstrate compliance with Sec. 63.119(d) of this subpart 
(storage vessel equipped with an external floating roof converted to an 
internal floating roof), the owner or operator shall comply with the 
requirements of paragraph (a) of this section.
    (d) To demonstrate compliance with Sec. 63.119(e) of this subpart 
(storage vessel equipped with a closed vent system and control device) 
using a control device other than a flare, the owner or operator shall 
comply with the requirements in paragraphs (d)(1) through (d)(7) of this 
section.
    (1) The owner or operator shall either prepare a design evaluation, 
which includes the information specified in paragraph (d)(1)(i) of this 
section, or submit the results of a performance test as described in 
paragraph (d)(1)(ii) of this section.
    (i) The design evaluation shall include documentation demonstrating 
that the control device being used achieves the required control 
efficiency during reasonably expected maximum filling rate. This 
documentation is to include a description of the gas stream which enters 
the control device, including flow and organic HAP content under varying 
liquid level conditions, and the information specified in paragraphs 
(d)(1)(i)(A) through (d)(1)(i)(E) of this section, as applicable.
    (A) If the control device receives vapors, gases or liquids, other 
than fuels, from emission points other than storage vessels subject to 
this subpart, the efficiency demonstration is to include consideration 
of all vapors, gases, and liquids, other than fuels, received by the 
control device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet 
the emission reduction requirement specified in Sec. 63.119 (e)(1) or 
(e)(2), as applicable, documentation that those conditions exist is 
sufficient to meet the requirements of paragraph (d)(1)(i) of this 
section.
    (C) Except as provided in paragraph (d)(1)(i)(B) of this section, 
for thermal incinerators, the design evaluation shall include the 
autoignition temperature of the organic HAP, the flow rate of the 
organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic HAP vapors for carbon, the amount of carbon in 
each bed, the number of beds, the humidity of the feed gases, the 
temperature of the feed gases, the flow rate of the organic HAP emission 
stream, the desorption schedule, the regeneration stream pressure or 
temperature, and the flow rate of the regeneration stream. For vacuum 
desorption, pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (ii) If the control device used to comply with Sec. 63.119(e) of 
this subpart is also used to comply with Sec. 63.113(a)(2), 
Sec. 63.126(b)(1), or Sec. 63.139(c) of this subpart, the performance 
test required by Sec. 63.116(c), Sec. 63.128(a), or Sec. 63.139(d)(1) of 
this subpart is acceptable to demonstrate compliance with Sec. 63.119(e) 
of this subpart. The owner or operator is not required to prepare a 
design evaluation for the control device as described in paragraph 
(d)(1)(i) of this section, if the performance tests meets the criteria 
specified in paragraphs (d)(1)(ii)(A) and (d)(1)(ii)(B) of this section.
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 63.119 (e)(1) or (e)(2) of this subpart, as 
applicable; and
    (B) The performance test is submitted as part of the Notification of 
Compliance Status required by Sec. 63.151(b) of this subpart.
    (2) The owner or operator shall submit, as part of the 
Implementation Plan required by Sec. 63.151(c) of this subpart, the 
information specified in paragraph (d)(2)(i) of this section and in 
either (d)(2)(ii) or (d)(2)(iii) of this section.
    (i) A description of the parameter or parameters to be monitored to 
ensure

[[Page 476]]

that the control device is being properly operated and maintained, an 
explanation of the criteria used for selection of that parameter (or 
parameters), and the frequency with which monitoring will be performed; 
and either
    (ii) The documentation specified in paragraph (d)(1)(i) of this 
section, if the owner or operator elects to prepare a design evaluation; 
or
    (iii) The information specified in paragraph (d)(2)(iii) (A) and (B) 
of this section if the owner or operator elects to submit the results of 
a performance test.
    (A) Identification of the storage vessel and control device for 
which the performance test will be submitted, and
    (B) Identification of the emission point(s) that share the control 
device with the storage vessel and for which the performance test will 
be conducted.
    (3) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
information specified in paragraphs (d)(3)(i) and, if applicable, 
(d)(3)(ii) of this section.
    (i) The operating range for each monitoring parameter identified in 
the Implementation Plan. The specified operating range shall represent 
the conditions for which the control device is being properly operated 
and maintained.
    (ii) Results of the performance test described in paragraph 
(d)(1)(ii) of this section.
    (4) The owner or operator shall demonstrate compliance with the 
requirements of Sec. 63.119(e)(3) of this subpart (planned routine 
maintenance of a control device, during which the control device does 
not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, shall not exceed 240 hours per year) by 
including in each Periodic Report required by Sec. 63.152(c) of this 
subpart the information specified in Sec. 63.122(g)(1) of this subpart.
    (5) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status required in Sec. 63.152(b) of this 
subpart or in the operating permit and shall operate and maintain the 
control device such that the monitored parameters remain within the 
ranges specified in the Notification of Compliance Status.
    (6) Except as provided in paragraph (d)(7) of this section, each 
closed vent system shall be inspected as specified in Sec. 63.148 of 
this subpart. The initial and annual inspections required by 
Sec. 63.148(b) of this subpart shall be done during filling of the 
storage vessel.
    (7) For any fixed roof tank and closed vent system that are operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (e) To demonstrate compliance with Sec. 63.119(e) of this subpart 
(storage vessel equipped with a closed vent system and control device) 
using a flare, the owner or operator shall comply with the requirements 
in paragraphs (e)(1) through (e)(6) of this section.
    (1) The owner or operator shall perform the compliance determination 
specified in Sec. 63.11(b) of subpart A of this part.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
information specified in paragraphs (e)(2)(i) through (e)(2)(iii) of 
this section.
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by paragraph (e)(1) of this section; 
and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (3) The owner or operator shall demonstrate compliance with the 
requirements of Sec. 63.119(e)(3) of this subpart (planned routine 
maintenance of a flare, during which the flare does not meet the 
specifications of Sec. 63.119(e)(1) of this subpart, shall not exceed 
240 hours per year) by including in each Periodic Report required by 
Sec. 63.152(c) of this subpart the information specified in 
Sec. 63.122(g)(1) of this subpart.
    (4) The owner or operator shall continue to meet the general control 
device requirements specified in Sec. 63.11(b) of subpart A of this 
part.

[[Page 477]]

    (5) Except as provided in paragraph (e)(6) of this section, each 
closed vent system shall be inspected as specified in Sec. 63.148 of 
this subpart. The inspections required to be performed in accordance 
with Sec. 63.148(c) of this subpart shall be done during filling of the 
storage vessel.
    (6) For any fixed roof tank and closed vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.



Sec. 63.121  Storage vessel provisions--alternative means of emission limitation.

    (a) Determination of equivalence to the reduction in emissions 
achieved by the requirements of Sec. 63.119 (b), (c), or (d) of this 
subpart will be evaluated according to Sec. 63.102(b) of subpart F of 
this part.
    (b) The determination of equivalence referred to in paragraph (a) of 
this section will be based on the application to the Administrator which 
shall include the information specified in either paragraph (b)(1) or 
(b)(2) of this section.
    (1) Actual emissions tests that use full-size or scale-model storage 
vessels that accurately collect and measure all organic HAP emissions 
from a given control technique, and that accurately simulate wind and 
account for other emission variables such as temperature and barometric 
pressure, or
    (2) An engineering analysis that the Administrator determines is an 
accurate method of determining equivalence.



Sec. 63.122  Storage vessel provisions--reporting.

    (a) For each Group 1 storage vessel, the owner or operator shall 
comply with the requirements of paragraphs (a)(1) through (a)(5) of this 
section.
    (1) The owner or operator shall submit an Initial Notification as 
required by Sec. 63.151(b) of this subpart.
    (2) The owner or operator shall submit an Implementation Plan as 
required by Sec. 63.151(c) of this subpart and shall submit as part of 
the Implementation Plan the information specified in paragraph (b) of 
this section.
    (3) The owner or operator shall submit a Notification of Compliance 
Status as required by Sec. 63.152(b) of this subpart and shall submit as 
part of the Notification of Compliance Status the information specified 
in paragraph (c) of this section.
    (4) The owner or operator shall submit Periodic Reports as required 
by Sec. 63.152(c) of this subpart and shall submit as part of the 
Periodic Reports the information specified in paragraphs (d), (e), (f), 
and (g) of this section.
    (5) The owner or operator shall submit, as applicable, other reports 
as required by Sec. 63.152(d) of this subpart, containing the 
information specified in paragraph (h) of this section.
    (b) An owner or operator who elects to comply with Sec. 63.119(e) of 
this subpart by using a closed vent system and a control device other 
than a flare shall submit, as part of the Implementation Plan required 
by Sec. 63.151(c) of this subpart, the information specified in 
Sec. 63.120(d)(2)(i) of this subpart and the information specified in 
either Sec. 63.120(d)(2)(ii) of this subpart or Sec. 63.120(d)(2)(iii) 
of this subpart.
    (c) An owner or operator who elects to comply with Sec. 63.119(e) of 
this subpart by using a closed vent system and a control device shall 
submit, as part of the Notification of Compliance Status required by 
Sec. 63.152(b) of this subpart, the information specified in either 
paragraph (c)(1) or (c)(2) of this section.
    (1) If a control device other than a flare is used, the owner or 
operator shall submit the information specified in Sec. 63.120(d)(3)(i) 
and, if applicable, (d)(3)(ii) of this subpart.
    (2) If a flare is used, the owner or operator shall submit the 
information specified in Sec. 63.120(e)(2)(i), (e)(2)(ii), and 
(e)(2)(iii) of this subpart.
    (d) An owner or operator who elects to comply with Sec. 63.119(b) of 
this subpart by using a fixed roof and an internal floating roof or with 
Sec. 63.119(d) of this subpart by using an external floating roof 
converted to an internal floating roof shall submit, as part of the 
Periodic Report required under Sec. 63.152(c) of this subpart, the 
results of each inspection conducted in accordance with Sec. 63.120(a) 
of this subpart in

[[Page 478]]

which a failure is detected in the control equipment.
    (1) For vessels for which annual inspections are required under 
Sec. 63.120 (a)(2)(i) or (a)(3)(ii) of this subpart, the specifications 
and requirements listed in paragraphs (d)(1)(i) through (d)(1)(iii) of 
this section apply.
    (i) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on the 
floating roof; or the seal is detached from the internal floating roof; 
or there are holes, tears, or other openings in the seal or seal fabric; 
or there are visible gaps between the seal and the wall of the storage 
vessel.
    (ii) Except as provided in paragraph (d)(1)(iii) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (iii) If an extension is utilized in accordance with 
Sec. 63.120(a)(4) of this subpart, the owner or operator shall, in the 
next Periodic Report, identify the vessel; include the documentation 
specified in Sec. 63.120(a)(4) of this subpart; and describe the date 
the storage vessel was emptied and the nature of and date the repair was 
made.
    (2) For vessels for which inspections are required under Sec. 63.120 
(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this subpart, the 
specifications and requirements listed in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section apply.
    (i) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or the gaskets no longer close off the liquid surface 
from the atmosphere; or the slotted membrane has more than 10 percent 
open area.
    (ii) Each Periodic Report required under Sec. 63.152(c) of this 
subpart shall include the date of the inspection, identification of each 
storage vessel in which a failure was detected, and a description of the 
failure. The Periodic Report shall also describe the nature of and date 
the repair was made.
    (e) An owner or operator who elects to comply with Sec. 63.119(c) of 
this subpart by using an external floating roof shall meet the periodic 
reporting requirements specified in paragraphs (e)(1), (e)(2), and 
(e)(3) of this section.
    (1) The owner or operator shall submit, as part of the Periodic 
Report required under Sec. 63.152(c) of this subpart, documentation of 
the results of each seal gap measurement made in accordance with 
Sec. 63.120(b) of this subpart in which the requirements of Sec. 63.120 
(b)(3), (b)(4), (b)(5), or (b)(6) of this subpart are not met. This 
documentation shall include the information specified in paragraphs 
(e)(1)(i) through (e)(1)(iv) of this section.
    (i) The date of the seal gap measurement.
    (ii) The raw data obtained in the seal gap measurement and the 
calculations described in Sec. 63.120 (b)(3) and (b)(4) of this subpart.
    (iii) A description of any condition specified in Sec. 63.120 (b)(5) 
or (b)(6) of this subpart that is not met.
    (iv) A description of the nature of and date the repair was made, or 
the date the storage vessel was emptied.
    (2) If an extension is utilized in accordance with 
Sec. 63.120(b)(7)(ii) or (b)(8) of this subpart, the owner or operator 
shall, in the next Periodic Report, identify the vessel; include the 
documentation specified in Sec. 63.120(b)(7)(ii) or (b)(8) of this 
subpart, as applicable; and describe the date the vessel was emptied and 
the nature of and date the repair was made.
    (3) The owner or operator shall submit, as part of the Periodic 
Report required under Sec. 63.152(c) of this subpart, documentation of 
any failures that are identified during visual inspections required by 
Sec. 63.120(b)(10) of this subpart. This documentation shall meet the 
specifications and requirements in paragraphs (e)(3)(i) and (e)(3)(ii) 
of this section.
    (i) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes, or other openings in 
the seal or the seal fabric; or the secondary seal has holes,

[[Page 479]]

tears, or other openings in the seal or the seal fabric; or the gaskets 
no longer close off the liquid surface from the atmosphere; or the 
slotted membrane has more than 10 percent open area.
    (ii) Each Periodic Report required under Sec. 63.152(c) of this 
subpart shall include the date of the inspection, identification of each 
storage vessel in which a failure was detected, and a description of the 
failure. The periodic report shall also describe the nature of and date 
the repair was made.
    (f) An owner or operator who elects to comply with Sec. 63.119(d) of 
this subpart by using an external floating roof converted to an internal 
floating roof shall comply with the periodic reporting requirements of 
paragraph (d) of this section.
    (g) An owner or operator who elects to comply with Sec. 63.119(e) of 
this subpart by installing a closed vent system and control device shall 
submit, as part of the next Periodic Report required by Sec. 63.152(c) 
of this subpart, the information specified in paragraphs (g)(1) through 
(g)(3) of this section.
    (1) As required by Sec. 63.120(d)(4) and Sec. 63.120(e)(3) of this 
subpart, the Periodic Report shall include the information specified in 
paragraphs (g)(1)(i) and (g)(1)(ii) of this section for those planned 
routine maintenance operations that would require the control device not 
to meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable.
    (i) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (ii) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, due to planned routine maintenance.
    (2) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Notification of 
Compliance Status in accordance with Sec. 63.120(d)(3)(i) of this 
subpart. The description shall include the information specified in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (i) Identification of the control device for which the measured 
parameters were outside of the established ranges, and
    (ii) Cause for the measured parameters to be outside of the 
established ranges.
    (3) If a flare is used, the Periodic Report shall describe each 
occurrence when the flare does not meet the general control device 
requirements specified in Sec. 63.11(b) of subpart A of this part and 
shall include the information specified in paragraphs (g)(3)(i) and 
(g)(3)(ii) of this section.
    (i) Identification of the flare which does not meet the general 
requirements specified in Sec. 63.11(b) of subpart A of this part, and
    (ii) Reason the flare did not meet the general requirements 
specified in Sec. 63.11(b) of subpart A of this part.
    (h) An owner or operator who elects to comply with Sec. 63.119 (b), 
(c), or (d) of this subpart shall submit, as applicable, the reports 
specified in paragraphs (h)(1) and (h)(2) of this section.
    (1) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of a storage vessel that has been emptied and degassed.
    (i) If the storage vessel is equipped with an internal floating roof 
as specified in Sec. 63.119(b) of this subpart, the notification shall 
meet the requirements of either Sec. 63.120 (a)(5) or (a)(6) of this 
subpart, as applicable.
    (ii) If the storage vessel is equipped with an external floating 
roof as specified in Sec. 63.119(c) of this subpart, the notification 
shall meet the requirements of either Sec. 63.120 (b)(10)(ii) or 
(b)(10)(iii) of this subpart, as applicable.
    (iii) If the storage vessel is equipped with an external floating 
roof converted into an internal floating roof as

[[Page 480]]

specified in Sec. 63.119(d) of this subpart, the notification shall meet 
the requirements of either Sec. 63.120 (a)(5) or (a)(6) of this subpart, 
as applicable.
    (2) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator of a storage vessel equipped 
with an external floating roof as specified in Sec. 63.119(c) of this 
subpart shall notify the Administrator of any seal gap measurements. 
This notification shall meet the requirements of Sec. 63.120(b)(9) of 
this subpart.



Sec. 63.123  Storage vessel provisions--recordkeeping.

    (a) Each owner or operator of a Group 1 or Group 2 storage vessel 
shall keep readily accessible records showing the dimensions of the 
storage vessel and an analysis showing the capacity of the storage 
vessel. This record shall be kept as long as the storage vessel retains 
Group 1 or Group 2 status and is in operation. For each Group 2 storage 
vessel, the owner or operator is not required to comply with any other 
provisions of Secs. 63.119 through 63.123 of this subpart other than 
those required by this paragraph unless such vessel is part of an 
emissions average as described in Sec. 63.150 of this subpart.
    (b) Each owner or operator shall keep a record of all reports 
submitted in accordance with Sec. 63.122 of this subpart, including the 
Initial Notification, Implementation Plan, Notification of Compliance 
Status, Periodic Reports, and other reports.
    (c) An owner or operator who elects to comply with Sec. 63.119(b) of 
this subpart shall keep a record that each inspection required by 
Sec. 63.120(a) of this subpart was performed.
    (d) An owner or operator who elects to comply with Sec. 63.119(c) of 
this subpart shall keep records describing the results of each seal gap 
measurement made in accordance with Sec. 63.120(b) of this subpart. The 
records shall include the date of the measurement, the raw data obtained 
in the measurement, and the calculations described in Sec. 63.120(b) (3) 
and (4) of this subpart.
    (e) An owner or operator who elects to comply with Sec. 63.119(d) of 
this subpart shall keep a record that each inspection required by 
Sec. 63.120 (a) and (c) of this subpart was performed.
    (f) An owner or operator who elects to comply with Sec. 63.119(e) of 
this subpart shall keep in a readily accessible location the records 
specified in paragraphs (f)(1) and (f)(2) of this section.
    (1) A record of the measured values of the parameters monitored in 
accordance with Sec. 63.120(d)(5) of this subpart.
    (2) A record of the planned routine maintenance performed on the 
control device including the duration of each time the control device 
does not meet the specifications of Sec. 63.119 (e)(1) or (e)(2) of this 
subpart, as applicable, due to the planned routine maintenance. Such a 
record shall include the information specified in paragraphs (f)(2)(i) 
and (f)(2)(ii) of this section.
    (i) The first time of day and date the requirements of Sec. 63.119 
(e)(1) or (e)(2) of this subpart, as applicable, were not met at the 
beginning of the planned routine maintenance, and
    (ii) The first time of day and date the requirements of Sec. 63.119 
(e)(1) or (e)(2) of this subpart, as applicable, were met at the 
conclusion of the planned routine maintenance.
    (g) An owner or operator who elects to utilize an extension in 
emptying a storage vessel in accordance with Sec. 63.120 (a)(4), 
(b)(7)(ii), or (b)(8) of this subpart shall keep in a readily accessible 
location, the documentation specified in Sec. 63.120 (a)(4), (b)(7)(ii), 
or (b)(8), as applicable.
Sec. 63.124-63.125  [Reserved]



Sec. 63.126   Transfer operations provisions--reference control technology.

    (a) For each Group 1 transfer rack the owner or operator shall equip 
each transfer rack with a vapor collection system and control device.
    (1) Each vapor collection system shall be designed and operated to 
collect the organic HAP vapors displaced from tank trucks or railcars 
during loading, and to route the collected HAP vapors to a control 
device as provided in paragraph (b) of this section.
    (2) Each vapor collection system shall be designed and operated such 
that organic HAP vapors collected at one loading arm will not pass 
through

[[Page 481]]

another loading arm in the rack to the atmosphere.
    (3) Whenever organic HAP emissions are vented to a control device 
used to comply with the provisions of this subpart, such control device 
shall be operating.
    (b) For each Group 1 transfer rack the owner or operator shall 
comply with paragraph (b)(1), (b)(2), or (b)(3) of this section.
    (1) Use a control device to reduce emissions of total organic HAP's 
by 98 weight-percent or to an exit concentration of 20 parts per million 
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is 
less stringent. If a boiler or process heater is used to comply with the 
percent reduction requirement, then the vent stream shall be introduced 
into the flame zone of such a device.
    (2) Reduce emissions of organic HAP's using a flare.
    (i) The flare shall comply with the requirements of Sec. 63.11(b) of 
subpart A of this part.
    (ii) Halogenated vent streams, as defined in Sec. 63.111 of this 
subpart, shall not be vented to a flare.
    (3) Reduce emissions of organic HAP using a vapor balancing system 
designed and operated to collect organic HAP vapors displaced from tank 
trucks or railcars during loading; and to route the collected HAP vapors 
to the storage vessel from which the liquid being loaded originated, or 
to compress collected HAP vapors and commingle the liquid with the raw 
feed of a chemical manufacturing process unit.
    (c) For each Group 2 transfer rack, the owner or operator shall 
maintain records as required in Sec. 63.130(f). No other provisions for 
transfer racks apply to the Group 2 transfer rack.
    (d) Halogenated emission streams from Group 1 transfer racks that 
are combusted shall be controlled according to paragraph (d)(1) or 
(d)(2) of this section. Determination of whether a vent stream is 
halogenated shall be made using procedures in (d)(3).
    (1) If a combustion device is used to comply with paragraph (b)(1) 
of this section for a halogenated vent stream, then the vent stream 
shall be ducted from the combustion device to an additional control 
device, including, but not limited to, a scrubber before it is 
discharged to the atmosphere.
    (i) Except as provided in paragraph (d)(1)(ii) of this section, the 
additional control device shall reduce overall emissions of hydrogen 
halides and halogens, as defined in Sec. 63.111 of this subpart, by 99 
percent or shall reduce the outlet mass emission rate of total hydrogen 
halides and halogens to 0.45 kilograms per hour or less, whichever is 
less stringent.
    (ii) If a scrubber or other halogen control device was installed 
prior to December 31, 1992, the control device shall reduce overall 
emissions of hydrogen halides and halogens, as defined in Sec. 63.111 of 
this subpart, by 95 percent or shall reduce the outlet mass of total 
hydrogen halides and halogens to less than 0.45 kilograms per hour, 
whichever is less stringent.
    (2) A control device, such as a scrubber, or other technique may be 
used to make the vent stream nonhalogenated by reducing the vent stream 
halogen atom mass emission rate to less than 0.45 kilograms per hour 
prior to any combustion control device used to comply with the 
requirements of paragraphs (b)(1) or (b)(2) of this section.
    (3) In order to determine whether a vent stream is halogenated, the 
mass emission rate of halogen atoms contained in organic compounds shall 
be calculated.
    (i) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume by compound) shall 
be determined based on the following procedures:
    (A) Process knowledge that no halogen or hydrogen halides are 
present in the process, or
    (B) Applicable engineering assessment as specified in 
Sec. 63.115(d)(1)(iii) of this subpart, or
    (C) Concentration of organic compounds containing halogens measured 
by Method 18 of 40 CFR part 60, appendix A, or
    (D) Any other method or data that has been validated according to 
the applicable procedures in Method 301 of appendix A of this part.
    (ii) The following equation shall be used to calculate the mass 
emission rate of halogen atoms:

[[Page 482]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.211


where:

E=Mass of halogen atoms, dry basis, kilograms per hour.
K2=Constant, 2.494  x  10-6 (parts per million)-1 
(kilogram-mole per standard cubic meter) (minute/hour), where standard 
temperature is 20  deg.C.
Cj=Concentration of halogenated compound j in the gas stream, dry 
basis, parts per million by volume.
Mji=Molecular weight of halogen atom i in compound j of the gas 
stream, kilogram per kilogram-mole.
Lji=Number of atoms of halogen i in compound j of the gas stream.
Vs=Flow rate of gas stream, dry standard cubic meters per minute, 
determined according to Sec. 63.128(a)(8) of this subpart.
j=Halogenated compound j in the gas stream.
i=Halogen atom i in compound j of the gas stream.
n=Number of halogenated compounds j in the gas stream.
m=Number of different halogens i in each compound j of the gas stream.

    (e) For each Group 1 transfer rack the owner or operator shall load 
organic HAP's into only tank trucks and railcars which:
    (1) Have a current certification in accordance with the U. S. 
Department of Transportation pressure test requirements of 49 CFR part 
180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 12 
months, as determined by the procedures in Sec. 63.128(f) of this 
subpart. Vapor-tight means that the truck or railcar tank will sustain a 
pressure change of not more than 750 pascals within 5 minutes after it 
is pressurized to a minimum of 4,500 pascals.
    (f) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall load organic HAP's to only tank trucks 
or railcars equipped with vapor collection equipment that is compatible 
with the transfer rack's vapor collection system.
    (g) The owner or operator of a transfer rack subject to this subpart 
shall load organic HAP's to only tank trucks or railcars whose 
collection systems are connected to the transfer rack's vapor collection 
systems.
    (h) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure-vacuum vent in 
the transfer rack's vapor collection system or in the organic HAP 
loading equipment of each tank truck or railcar shall begin to open 
during loading.
    (i) Each valve in the vent system that would lead the vent stream to 
the atmosphere, either directly or indirectly, shall be secured closed 
using a car seal or a lock-and-key type configuration, or shall be 
equipped with a flow indicator. Equipment such as low leg drains, high 
point bleeds, analyzer vents, open-ended valves or lines, and pressure 
relief valves needed for safety purposes are not subject to this 
paragraph.



Sec. 63.127  Transfer operations provisions--monitoring requirements.

    (a) Each owner or operator of a Group 1 transfer rack equipped with 
a combustion device used to comply with the 98 percent total organic HAP 
reduction or 20 parts per million by volume outlet concentration 
requirements in Sec. 63.126(b)(1) of this subpart shall install, 
calibrate, maintain, and operate according to the manufacturers' 
specifications the monitoring equipment specified in paragraph (a)(1), 
(a)(2), (a)(3), or (a)(4) of this section, as appropriate.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.

[[Page 483]]

    (2) Where a flare is used, a device (including but not limited to a 
thermocouple, infrared sensor, or an ultra-violet beam sensor) capable 
of continuously detecting the presence of a pilot flame is required.
    (3) Where a boiler or process heater with a design heat input 
capacity less than 44 megawatts is used, a temperature monitoring device 
in the firebox equipped with a continuous recorder is required. Any 
boiler or process heater in which all vent streams are introduced with 
the primary fuel or are used as the primary fuel is exempt from this 
requirement.
    (4) Where a scrubber is used with an incinerator, boiler, or process 
heater in the case of halogenated vent streams, the following monitoring 
equipment is required for the scrubber:
    (i) A pH monitoring device equipped with a continuous recorder shall 
be installed to monitor the pH of the scrubber effluent.
    (ii) Flow meters equipped with continuous recorders shall be located 
at the scrubber influent for liquid flow and the scrubber inlet for gas 
stream flow.
    (b) Each owner or operator of a Group 1 transfer rack that uses a 
recovery device to comply with the 98 percent organic HAP reduction or 
20 parts per million by volume HAP concentration requirements in 
Sec. 63.126(b)(1) of this subpart shall install either an organic 
monitoring device equipped with a continuous recorder, or the monitoring 
equipment specified in paragraph (b)(1), (b)(2), or (b)(3) of this 
section, depending on the type of recovery device used. All monitoring 
equipment shall be installed, calibrated, and maintained according to 
the manufacturer's specifications.
    (1) Where an absorber is used, a scrubbing liquid temperature 
monitoring device equipped with a continuous recorder shall be used; and 
a specific gravity monitoring device equipped with a continuous recorder 
shall be used.
    (2) Where a condenser is used, a condenser exit (product side) 
temperature monitoring device equipped with a continuous recorder shall 
be used.
    (3) Where a carbon adsorber is used, an integrating regeneration 
stream flow monitoring device having an accuracy of 10 
percent, capable of recording the total regeneration stream mass flow 
for each regeneration cycle; and a carbon bed temperature monitoring 
device, capable of recording the temperature of the carbon bed after 
regeneration and within 15 minutes of completing any cooling cycle shall 
be used.
    (c) An owner or operator of a Group 1 transfer rack may request 
approval to monitor parameters other than those listed in paragraph (a) 
or (b) of this section. The request shall be submitted according to the 
procedures specified in Sec. 63.151(f) or Sec. 63.152(e) of this 
subpart. Approval shall be requested if the owner or operator:
    (1) Seeks to demonstrate compliance with the standards specified in 
Sec. 63.126(b) of this subpart with a control device other than an 
incinerator, boiler, process heater, flare, absorber, condenser, or 
carbon adsorber; or
    (2) Uses one of the control devices listed in paragraphs (a) and (b) 
of this section, but seeks to monitor a parameter other than those 
specified in paragraphs (a) and (b) of this subpart.
    (d) The owner or operator of a Group 1 transfer rack using a vent 
system that contains by-pass lines that could divert a vent stream flow 
away from the control device used to comply with Sec. 63.126(b) of this 
subpart shall comply with paragraph (d)(1) or (d)(2) of this section. 
Equipment such as low leg drains, high point bleeds, analyzer vents, 
open-ended valves or lines, and pressure relief valves needed for safety 
purposes are not subject to this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether vent stream flow is present at least once every 15 
minutes. Records shall be generated as specified in Sec. 63.130(b) of 
this subpart. The flow indicator shall be installed at the entrance to 
any by-pass line that could divert the vent stream away from the control 
device to the atmosphere; or
    (2) Secure the by-pass line valve in the closed position with a car-
seal or a lock-and-key type configuration.
    (i) A visual inspection of the seal or closure mechanism shall be 
performed at least once every month to ensure that the valve is 
maintained in the

[[Page 484]]

closed position and the vent stream is not diverted through the by-pass 
line.
    (ii) If a car-seal has been broken or a valve position changed, the 
owner or operator shall record that the vent stream has been diverted. 
The car-seal or lock-and-key combination shall be returned to the 
secured position as soon as practicable but not later than 15 calendar 
days after the change in position is detected.
    (e) The owner or operator shall establish a range that indicates 
proper operation of the control device for each parameter monitored 
under paragraphs (a), (b), and (c) of this section. In order to 
establish the range, the information required in Sec. 63.152(b)(2) of 
this subpart shall be submitted in the Notification of Compliance Status 
or the operating permit application or amendment.



Sec. 63.128  Transfer operations provisions--test methods and procedures.

    (a) A performance test is required for determining compliance with 
the reduction of total organic HAP emissions in Sec. 63.126(b) of this 
subpart for all control devices except as specified in paragraph (c) of 
this section. Performance test procedures are as follows:
    (1) For control devices shared between transfer racks and process 
vents, the performance test procedures in Sec. 63.116(c) of this subpart 
shall be followed.
    (2) A performance test shall consist of three runs.
    (3) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (4) For control devices shared between multiple arms that load 
simultaneously, the minimum sampling time for each run shall be 1 hour 
in which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, then the samples shall be 
taken at approximately equal intervals in time, such as 15-minute 
intervals during the run.
    (5) For control devices that are capable of continuous vapor 
processing but do not meet the conditions in (a)(7)(i)(B) of this 
section.
    (A) Sampling sites shall be located at the inlet and outlet of the 
control device, except as provided in paragraph (a)(7)(i)(B) of this 
section.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of paragraph (a)(1) or (a)(4) of this 
section, each run shall represent at least one complete filling period, 
during which liquid organic HAP's are loaded, and samples shall be 
collected using integrated sampling or grab samples taken at least four 
times per hour at approximately equal intervals of time, such as 15-
minute intervals.
    (6) For intermittent vapor processing systems that do not meet the 
conditions in paragraph (a)(1) or (a)(4) of this section, each run shall 
represent at least one complete control device cycle, and samples shall 
be collected using integrated sampling or grab samples taken at least 
four times per hour at approximately equal intervals of time, such as 
15-minute intervals.
    (7) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of sampling sites.
    (i) For an owner or operator complying with the 98-percent total 
organic HAP reduction requirements in Sec. 63.126(b)(1) of this subpart, 
sampling sites shall be located as specified in paragraph (a)(7)(i)(A) 
or (a)(7)(i)(B) of this section.
    (A) Sampling sites shall be located at the inlet and outlet of the 
control device, except as provided in paragraph (a)(7)(i)(B) of this 
section.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts, selection of the location of the inlet sampling 
sites shall ensure the measurement of total organic HAP or TOC (minus 
methane and ethane) concentrations in all vent streams and primary and 
secondary fuels introduced into the boiler or process heater. A sampling 
site shall also be located at the outlet of the boiler or process 
heater.
    (ii) For an owner or operator complying with the 20 parts per 
million by volume limit in Sec. 63.126(b)(1) of this subpart, the 
sampling site shall be located at the outlet of the control device.

[[Page 485]]

    (8) The volumetric flow rate, in standard cubic meters per minute at 
20  deg.C, shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR 
part 60, appendix A as appropriate.
    (9) For the purpose of determining compliance with the 20 parts per 
million by volume limit in Sec. 63.126(b)(1), Method 18 or Method 25A of 
40 CFR part 60, appendix A shall be used to measure either organic 
compound concentration or organic HAP concentration, except as provided 
in paragraph (a)(11) of this section.
    (i) If Method 25A of 40 CFR part 60, appendix A is used, the 
following procedures shall be used to calculate the concentration of 
organic compounds (CT):
    (A) The principal organic HAP in the vent stream shall be used as 
the calibration gas.
    (B) The span value for Method 25A of 40 CFR part 60, appendix A 
shall be between 1.5 and 2.5 times the concentration being measured.
    (C) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if 
the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (D) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and equation in paragraph (a)(9)(v) of this 
section.
    (ii) If Method 18 of 40 CFR part 60, appendix A is used to measure 
the concentration of organic compounds, the organic compound 
concentration (CT) is the sum of the individual components and 
shall be computed for each run using the following equation:

[GRAPHIC] [TIFF OMITTED] TR22AP94.212

where:

CT=Total concentration of organic compounds (minus methane and 
ethane), dry basis, parts per million by volume.
Cj=Concentration of sample components j, dry basis, parts per 
million by volume.
n=Number of components in the sample.
    (iii) If an owner or operator uses Method 18 of 40 CFR part 60, 
appendix A to compute total organic HAP concentration rather than 
organic compounds concentration, the equation in paragraph (a)(9)(ii) of 
this section shall be used except that only organic HAP species shall be 
summed. The list of organic HAP's is provided in table 2 of subpart F of 
this part.
    (iv) The emission rate correction factor or excess air integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration. The 
sampling site shall be the same as that of the organic HAP or organic 
compound samples, and the samples shall be taken during the same time 
that the organic HAP or organic compound samples are taken.
    (v) The organic compound concentration corrected to 3 percent oxygen 
(Cc) shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.213

where:

Cc=Concentration of organic compounds corrected to 3 percent 
oxygen, dry basis, parts per million by volume.
CT=Total concentration of organic compounds, dry basis, parts per 
million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.

    (10) For the purpose of determining compliance with the 98-percent 
reduction requirement in Sec. 63.126(b)(1) of this subpart, Method 18 or 
Method 25A of 40 CFR part 60, appendix A shall be used, except as 
provided in paragraph (a)(11) of this section.
    (i) For the purpose of determining compliance with the reduction 
efficiency requirement, organic compound concentration may be measured 
in lieu of organic HAP concentration.
    (ii) If Method 25A of 40 CFR part 60, appendix A is used to measure 
the concentration of organic compounds (CT), the principal organic 
HAP in the vent stream shall be used as the calibration gas.

[[Page 486]]

    (A) An emission testing interval shall consist of each 15-minute 
period during the performance test. For each interval, a reading from 
each measurement shall be recorded.
    (B) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (C) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated as follows:

          Mj=FKVsCT

where:
Mj=Mass of organic compounds emitted during testing interval j, 
kilograms.
Vs=Volume of air-vapor mixture exhausted at standard conditions, 20 
 deg.C and 760 millimeters mercury, standard cubic meters.
CT=Total concentration of organic compounds (as measured) at the 
exhaust vent, parts per million by volume, dry basis.
K=Density, kilograms per standard cubic meter organic HAP. 659 kilograms 
per standard cubic meter organic HAP. (Note: The density term cancels 
out when the percent reduction is calculated. Therefore, the density 
used has no effect. The density of hexane is given so that it can be 
used to maintain the units of Mj.)
F=10-6=Conversion factor, (cubic meters organic HAP per cubic 
meters air) * (parts per million by volume)-1.

    (D) The organic compound mass emission rates at the inlet and outlet 
of the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.214

[GRAPHIC] [TIFF OMITTED] TR22AP94.215

where:

Ei, Eo=Mass flow rate of organic compounds at the inlet (i) 
and outlet (o) of the combustion or recovery device, kilograms per hour.
Mij, Moj=Mass of organic compounds at the inlet (i) or outlet 
(o) during testing interval j, kilograms.
T=Total time of all testing intervals, hours.
n=Number of testing intervals.

    (iii) If Method 18 of 40 CFR part 60, appendix A is used to measure 
organic compounds, the mass rates of organic compounds (Ei, 
Eo) shall be computed using the following equations:

[GRAPHIC] [TIFF OMITTED] TR22AP94.216

[GRAPHIC] [TIFF OMITTED] TR22AP94.217

where:

Cij, Coj=Concentration of sample component j of the gas stream 
at the inlet and outlet of the control device, respectively, dry basis, 
parts per million by volume.
MWij, MWoj=Molecular weight of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, 
gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and outlet of the 
control device, respectively, dry standard cubic meter per minute.
K2=Constant, 2.494  x  10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram/gram) (minute/hour), where 
standard temperature for (gram-mole per standard cubic meter) is 20 
deg.C.

    (iv) Where Method 18 or 25A of 40 CFR part 60, appendix A is used to 
measure the percent reduction in organic compounds, the percent 
reduction across the control device shall be calculated as follows:

[GRAPHIC] [TIFF OMITTED] TR22AP94.218

where:


[[Page 487]]


R=Control efficiency of control device, percent.
Ei=Mass emitted or mass flow rate of organic compounds at the inlet 
to the combustion or recovery device as calculated under paragraph 
(a)(10)(ii)(D) or (a)(10)(iii) of this section, kilogram per hour.
Eo=Mass emitted or mass flow rate of organic compounds at the 
outlet of the combustion or recovery device, as calculated under 
paragraph (a)(10)(ii)(D) or (a)(10)(iii) of this section, kilogram per 
hour.
    (11) The owner or operator may use any methods or data other than 
Method 18 or Method 25A of 40 CFR part 60, appendix A, if the method or 
data has been validated according to Method 301 of appendix A of this 
part.
    (b) When a flare is used to comply with Sec. 63.126(b)(2) of this 
subpart, the owner or operator shall comply with the flare provisions in 
Sec. 63.11(b) of subpart A of this part.
    (1) The compliance determination required by Sec. 63.6(h) of subpart 
A of this part shall be conducted using Method 22 of 40 CFR part 60, 
appendix A, to determine visible emissions. The observation period shall 
be at least 2 hours and shall be conducted according to Method 22 of 40 
CFR part 60, appendix A.
    (i) If the loading cycle is less than 2 hours, then the observation 
period for that run shall be for the entire loading cycle.
    (ii) If additional loading cycles are initiated within the 2-hour 
period, then visible emission observations shall be conducted for the 
additional cycles.
    (2) An owner or operator is not required to conduct a performance 
test to determine the percent emission reduction or outlet total HAP or 
TOC concentration when a flare is used.
    (c) An owner or operator is not required to conduct a performance 
test when any of the conditions specified in paragraph (c)(1), (c)(2), 
(c)(3), (c)(4), (c)(5), or (c)(6) of this section are met.
    (1) When a boiler or process heater with a design heat input 
capacity of 44 megawatts or greater is used.
    (2) When a boiler or process heater burning hazardous waste is used 
for which the owner or operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266 subpart H.
    (3) When a boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (4) When a vapor balancing system is used.
    (5) When emissions are recycled to a chemical manufacturing process 
unit.
    (6) When a transfer rack transfers less than 11.8 million liters per 
year and the owner or operator complies with the requirements in 
paragraph (h) of this section or uses a flare to comply with 
Sec. 63.126(b)(2) of this subpart.
    (d) An owner or operator using a combustion device followed by a 
scrubber or other control device to control a halogenated transfer vent 
stream in compliance with Sec. 63.126(d) of this subpart shall conduct a 
performance test to determine compliance with the control efficiency or 
emission limits for hydrogen halides and halogens.
    (1) For an owner or operator determining compliance with the percent 
reduction of total hydrogen halides and halogens, sampling sites shall 
be located at the inlet and outlet of the scrubber or other control 
device used to reduce halogen emissions. For an owner or operator 
complying with the 0.45 kilograms per hour outlet mass emission rate 
limit for total hydrogen halides and halogens, the sampling site shall 
be located at the outlet of the scrubber or other control device and 
prior to release to the atmosphere.
    (2) Except as provided in paragraph (d)(5) of this section, Method 
26 or 26A of 40 CFR part 60, appendix A, shall be used to determine the 
concentration in milligrams per dry standard cubic meter of the hydrogen 
halides and halogens that may be present in the stream. The mass 
emission rate of each hydrogen halide and halogen compound shall be 
calculated from the concentrations and the gas stream flow rate.
    (3) To determine compliance with the percent emissions reduction 
limit, the mass emission rate for any hydrogen halides and halogens 
present at the scrubber inlet shall be summed together. The mass 
emission rate of the

[[Page 488]]

compounds present at the scrubber outlet shall be summed together. 
Percent reduction shall be determined by comparison of the summed inlet 
and outlet measurements.
    (4) To demonstrate compliance with the 0.45 kilograms per hour mass 
emission rate limit, the test results must show that the mass emission 
rate of the total hydrogen halides and halogens measured at the scrubber 
outlet is below 0.45 kilograms per hour.
    (5) The owner or operator may use any other method or data to 
demonstrate compliance if the method or data has been validated 
according to the protocol of Method 301 of appendix A of this part.
    (e) The owner or operator shall inspect the vapor collection system 
and vapor balancing system, according to the requirements for vapor 
collection systems in Sec. 63.148 of this subpart.
    (1) Inspections shall be performed only while a tank truck or 
railcar is being loaded.
    (2) For vapor collection systems only, an inspection shall be 
performed prior to each performance test required to demonstrate 
compliance with Sec. 63.126(b)(1) of this subpart.
    (3) For each vapor collection system that is operated and maintained 
under negative pressure, the owner or operator is not required to comply 
with the requirements specified in Sec. 63.148 of this subpart.
    (f) For the purposes of demonstrating vapor tightness to determine 
compliance with Sec. 63.126(e)(2) of this subpart, the following 
procedures and equipment shall be used:
    (1) The pressure test procedures specified in Method 27 of 40 CFR 
part 60, appendix A; and
    (2) A pressure measurement device which has a precision of 
2.5 millimeters of mercury and which is capable of measuring 
above the pressure at which the tank truck or railcar is to be tested 
for vapor tightness.
    (g) An owner or operator using a scrubber or other control technique 
to reduce the vent stream halogen atom mass emission rate to less than 
0.45 kilograms per hour prior to a combustion device used to comply with 
Sec. 63.126(d)(2) of this subpart shall determine the halogen atom mass 
emission rate prior to the combustor according to the procedures in 
paragraph (d)(3) of this section.
    (h) For transfer racks that transfer less than 11.8 million liters 
per year of liquid organic HAP's, the owner or operator may comply with 
the requirements in paragraphs (h)(1) through (h)(3) of this section 
instead of the requirements in paragraph (a) or (b) of this section.
    (1) The owner or operator shall prepare, as part of the 
Implementation Plan required by Sec. 63.151(c) of this subpart, a design 
evaluation that shall document that the control device being used 
achieves the required control efficiency during reasonably expected 
maximum loading conditions. This documentation is to include a 
description of the gas stream which enters the control device, including 
flow and organic HAP content, and the information specified in 
paragraphs (h)(1)(i) through (h)(1)(v) of this section, as applicable.
    (i) If the control device receives vapors, gases, or liquids, other 
than fuels, from emission points other than transfer racks subject to 
this subpart, the efficiency demonstration is to include consideration 
of all vapors, gases, and liquids, other than fuels, received by the 
control device.
    (ii) If an enclosed combustion device with a maximum residence time 
of 0.5 seconds and a minimum temperature of 760  deg.C is used to meet 
the 98-percent emission reduction requirement, documentation that those 
conditions exist is sufficient to meet the requirements of paragraph 
(h)(1) of this section.
    (iii) Except as provided in paragraph (h)(1)(ii) of this section, 
for thermal incinerators, the design evaluation shall include the 
autoignition temperature of the organic HAP, the flow rate of the 
organic HAP emission stream, the combustion temperature, and the 
residence time at the combustion temperature.
    (iv) For carbon adsorbers, the design evaluation shall include the 
affinity of the organic HAP vapors for carbon, the amount of carbon in 
each bed, the number of beds, the humidity of the feed gases, the 
temperature of the feed gases, the flow rate of the organic HAP

[[Page 489]]

emission stream, the desorption schedule, the regeneration stream 
pressure or temperature, and the flow rate of the regeneration stream. 
For vacuum desorption, pressure drop shall be included.
    (v) For condensers, the design evaluation shall include the final 
temperature of the organic HAP vapors, the type of condenser, and the 
design flow rate of the organic HAP emission stream.
    (2) The owner or operator shall submit, as part of the Notification 
of Compliance Status required by Sec. 63.152(b) of this subpart, the 
operating range for each monitoring parameter identified in the 
Implementation Plan. The specified operating range shall represent the 
conditions for which the control device can achieve the 98-percent-or-
greater emission reduction required by Sec. 63.126(b)(1) of this 
subpart.
    (3) The owner or operator shall monitor the parameters specified in 
the Notification of Compliance Status required in Sec. 63.152(b) of this 
subpart or operating permit and shall operate and maintain the control 
device such that the monitored parameters remain within the ranges 
specified in the Notification of Compliance Status.



Sec. 63.129  Transfer operations provisions--reporting and recordkeeping for performance tests and notification of compliance status.

    (a) Each owner or operator of a Group 1 transfer rack shall:
    (1) Keep an up-to-date, readily accessible record of the data 
specified in paragraphs (a)(4) through (a)(7) of this section, as 
applicable.
    (2) Include the data specified in paragraphs (a)(4) through (a)(7) 
of this section in the Notification of Compliance Status report as 
specified in Sec. 63.152(b) of this subpart.
    (3) If any subsequent performance tests are conducted after the 
Notification of Compliance Status has been submitted, report the data in 
paragraphs (a)(4) through (a)(7) of this section in the next Periodic 
Report as specified in Sec. 63.152(c) of this subpart.
    (4) Record and report the following when using a control device 
other than a flare to achieve a 98 weight percent reduction in total 
organic HAP or a total organic HAP concentration of 20 parts per million 
by volume, as specified in Sec. 63.126(b)(1) of this subpart:
    (i) The parameter monitoring results for thermal incinerators, 
catalytic incinerators, boilers or process heaters, absorbers, 
condensers, or carbon adsorbers specified in table 7 of this subpart, 
recorded during the performance test, and averaged over the time period 
of the performance testing.
    (ii) The percent reduction of total organic HAP or TOC achieved by 
the control device determined as specified in Sec. 63.128(a) of this 
subpart, or the concentration of total organic HAP or TOC (parts per 
million by volume, by compound) determined as specified in 
Sec. 63.128(a) of this subpart at the outlet of the control device on a 
dry basis corrected to 3 percent oxygen.
    (iii) The parameters shall be recorded at least every 15 minutes.
    (iv) For a boiler or process heater, a description of the location 
at which the vent stream is introduced into the boiler or process 
heater.
    (5) Record and report the following when using a flare to comply 
with Sec. 63.126(b)(2) of this subpart:
    (i) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (ii) All visible emission readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.128(b) of this subpart; and
    (iii) All periods during the compliance determination when the pilot 
flame is absent.
    (6) Record and report the following when using a scrubber following 
a combustion device to control a halogenated vent stream, as specified 
in Sec. 63.126(d) of this subpart:
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens determined according to the 
procedures in Sec. 63.128(d) of this subpart;
    (ii) The parameter monitoring results for scrubbers specified in 
table 7 of this subpart, and averaged over the time period of the 
performance test; and
    (iii) The parameters shall be recorded at least every 15 minutes.

[[Page 490]]

    (7) Record and report the halogen concentration in the vent stream 
determined according to the procedures as specified in Sec. 63.128(d) of 
this subpart.
    (b) If an owner or operator requests approval to use a control 
device other than those listed in table 7 of this subpart or to monitor 
a parameter other than those specified in table 7 of this subpart, the 
owner or operator shall submit a description of planned reporting and 
recordkeeping procedures as required under Sec. 63.151(f) or 
Sec. 63.152(e) of this subpart. The Administrator will specify 
appropriate reporting and recordkeeping requirements as part of the 
review of the Implementation Plan or permit application.
    (c) For each parameter monitored according to table 7 of this 
subpart or paragraph (b) of this section, the owner or operator shall 
establish a range for the parameter that indicates proper operation of 
the control device. In order to establish the range, the information 
required in Sec. 63.152(b)(2) of this subpart shall be submitted in the 
Notification of Compliance Status or the operating permit application or 
amendment.
    (d) Each owner or operator shall maintain a record describing in 
detail the vent system used to vent each affected transfer vent stream 
to a control device. This document shall list all valves and vent pipes 
that could vent the stream to the atmosphere, thereby by-passing the 
control device; identify which valves are secured by car-seals or lock-
and-key type configurations; and indicate the position (open or closed) 
of those valves which have car-seals. Equipment leaks such as low leg 
drains, high point bleeds, analyzer vents, open-ended valves or lines, 
and pressure relief valves needed for safety purposes are not subject to 
this paragraph.
    (e) An owner or operator meeting the requirements of Sec. 63.128(h) 
of this subpart shall submit, as part of the Implementation Plan 
required by Sec. 63.151(c) of this subpart, the information specified in 
Sec. 63.128(h)(1) of this subpart.
    (f) An owner or operator meeting the requirements of Sec. 63.128(h) 
of this subpart shall submit, as part of the Notification of Compliance 
Status required by Sec. 63.152(b) of this subpart, the operating range 
for each monitoring parameter identified in the Implementation Plan or 
in the operating permit.



Sec. 63.130  Transfer operations provisions--periodic recordkeeping and reporting.

    (a) Each owner or operator using a control device to comply with 
Sec. 63.126(b)(1) or (b)(2) of this subpart shall keep the following up-
to-date, readily accessible records:
    (1) While the transfer vent stream is being vented to the control 
device, continuous records of the equipment operating parameters 
specified to be monitored under Sec. 63.127 of this subpart, and listed 
in table 7 of this subpart or specified by the Administrator in 
accordance with Secs. 63.127(c) and 63.129(b). For flares, the hourly 
records and records of pilot flame outages specified in table 7 shall be 
maintained in place of continuous records.
    (2) Records of the daily average value of each monitored parameter 
for each operating day, except as provided in paragraphs (a)(2)(iv) 
through (a)(2)(vii) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day, 
except as provided in paragraph (a)(2)(ii) of this section. The average 
shall cover periods of loading.
    (ii) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or daily 
averages. Records shall be kept of the times and durations of all such 
periods and any other periods of loading or control device operation.
    (iii) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status. It may be from midnight 
to midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were

[[Page 491]]

within the range rather than calculating and recording a daily average 
for that operating day.
    (v) For flares, records of the times and duration of all periods 
during which the pilot flame is absent shall be kept rather than daily 
averages.
    (vi) If carbon adsorber regeneration stream flow and carbon bed 
regeneration temperature are monitored, the records specified in table 7 
of this subpart shall be kept instead of the daily averages.
    (vii) Records of the duration of all periods when the vent stream is 
diverted through by-pass lines shall be kept rather than daily averages.
    (3) For boilers or process heaters, records of any changes in the 
location at which the vent stream is introduced into the flame zone as 
required under the reduction of total organic HAP emissions in 
Sec. 63.126(b)(1) of this subpart.
    (b) If a vapor collection system containing valves that could divert 
the emission stream away from the control device is used, each owner or 
operator of a Group 1 transfer rack subject to the provisions of 
Sec. 63.127(d) of this subpart shall keep up-to-date, readily accessible 
records of:
    (1) Hourly records of whether the flow indicator specified under 
Sec. 63.127(d)(1) of this subpart was operating and whether flow was 
detected at any time during the hour, as well as records of the times 
durations of all periods when the vent stream is diverted from the 
control device or the monitor is not operating.
    (2) Where a seal mechanism is used to comply with Sec. 63.127(d)(2), 
hourly records of flow are not required. In such cases, the owner or 
operator shall record that the monthly visual inspection of the seals or 
closure mechanisms has been done, and shall record the duration of all 
periods when the seal mechanism is broken, the by-pass line valve 
position has changed, or the key for a lock-and-key type lock has been 
checked out, and records of any car-seal that has broken, as listed in 
table 7 of this subpart.
    (c) Each owner or operator of a Group 1 transfer rack who uses a 
flare to comply with Sec. 63.126(b)(2) of this subpart shall keep up-to-
date, readily accessible records of the flare pilot flame monitoring 
specified under Sec. 63.127(a)(2) of this subpart.
    (d) Each owner or operator of a transfer rack subject to the 
requirements of Sec. 63.126 of this subpart shall submit to the 
Administrator Periodic Reports of the following information according to 
the schedule in Sec. 63.152(c) of this subpart:
    (1) Reports of daily average values of monitored parameters for all 
operating days when the daily average values were outside the range 
established in the Notification of Compliance Status or operating 
permit.
    (2) Reports of the duration of periods when monitoring data are not 
collected for each excursion caused by insufficient monitoring data as 
defined in Sec. 63.152(c)(2)(ii)(A) of this subpart.
    (3) Reports of the times and durations of all periods recorded under 
paragraph (b)(1) of this section when the vent stream was diverted from 
the control device.
    (4) Reports of all times recorded under paragraph (b)(2) of this 
section when maintenance is performed on car-sealed valves, when the 
car-seal is broken, when the by-pass line valve position is changed, or 
the key for a lock-and-key type lock has been checked out.
    (5) Reports of the times and durations of all periods recorded under 
paragraph (a)(2)(v) of this section in which all pilot flames of a flare 
were absent.
    (6) Reports of all carbon bed regeneration cycles during which the 
parameters recorded under paragraph (a)(2)(vi) of this section were 
outside the ranges established in the Notification of Compliance Status 
or operating permit.
    (e) The owner or operator of a Group 1 transfer rack shall record 
that the verification of DOT tank certification or Method 27 testing, 
required in Sec. 63.126(e) of this subpart, has been performed. Various 
methods for the record of verification can be used, such as: A check off 
on a log sheet; a list of DOT serial numbers or Method 27 data; or a 
position description for gate security, showing that the security guard 
will not allow any trucks on site that do

[[Page 492]]

not have the appropriate documentation.
    (f) Each owner or operator of a Group 1 or Group 2 transfer rack 
shall record, update annually, and maintain the information specified in 
paragraphs (f)(1) through (f)(3) of this section in a readily accessible 
location on site:
    (1) An analysis demonstrating the design and actual annual 
throughput of the transfer rack;
    (2) An analysis documenting the weight-percent organic HAP's in the 
liquid loaded. Examples of acceptable documentation include but are not 
limited to analyses of the material and engineering calculations.
    (3) An analysis documenting the annual rack weighted average HAP 
partial pressure of the transfer rack.
    (i) For Group 2 transfer racks that are limited to transfer of 
organic HAP's with partial pressures less than 10.3 kilopascals, 
documentation is required of the organic HAP's (by compound) that are 
transferred. The rack weighted average partial pressure does not need to 
be calculated.
    (ii) For racks transferring one or more organic HAP's with partial 
pressures greater than 10.3 kilopascals, as well as one or more organic 
HAP's with partial pressures less than 10.3 kilopascals, a rack weighted 
partial pressure shall be documented. The rack weighted average HAP 
partial pressure shall be weighted by the annual throughput of each 
chemical transferred.



Sec. 63.131  Process wastewater provisions--flow diagrams and tables.

    (a) The flow diagrams in this subpart are provided as guidance for 
understanding the basic interrelationships of the wastewater provisions 
for process units at new and existing sources. Paragraphs (b) through 
(k) of this section briefly outline the flow diagrams provided.
    (b) Figure 1 of this subpart provides an overview of the HON 
wastewater provisions.
    (c) Figure 2 of this subpart outlines the process for determining 
whether a stream meets the definition of wastewater in Sec. 63.101 of 
subpart F of this part.
    (d) Figure 3 of this subpart summarizes the requirements for 
designating as a Group 1 wastewater stream a wastewater stream or 
mixture of wastewater streams.
    (e) Figure 4 of this subpart summarizes the steps for making Group 1 
and Group 2 determinations for wastewater streams that are generated 
from a process unit at a new source and contain organic HAP's listed in 
table 8 of this subpart.
    (f) Figure 5 of this subpart summarizes the steps for making Group 1 
and Group 2 determinations for wastewater streams that are generated 
from process units at new and existing sources and contain organic HAP's 
listed in table 9 of this subpart.
    (g) Figure 6 of this subpart summarizes compliance options for 
control of wastewater streams containing organic HAP's listed in table 8 
of this subpart.
    (h) Figure 7 of this subpart summarizes compliance options for 
control of wastewater streams containing organic HAP's listed in table 9 
of this subpart.
    (i) Figure 8 of this subpart presents the process unit alternative 
compliance option for control of wastewater streams at existing sources 
containing organic HAP's listed in table 9 of this subpart.
    (j) Figure 9 of this subpart presents the 95-percent biological 
treatment option for control of wastewater streams at new and existing 
sources containing organic HAP's listed in table 9 of this subpart.
    (k) Figure 10 of this subpart outlines compliance options for 
control of residuals.



Sec. 63.132  Process wastewater provisions--general.

    (a) For each process wastewater stream to which this subpart applies 
that is located at a new source, the owner or operator shall comply with 
the requirements in either paragraph (a)(1), (a)(2) or (a)(3) of this 
section no later than the dates specified in Sec. 63.100 of subpart F of 
this part.
    (1) The requirements of paragraphs (c), (e), and (h) of this 
section, or
    (2) The requirements of paragraphs (d) through (i) of this section, 
or
    (3) The requirements of paragraphs (d), (g), and (j) of this 
section.

[[Page 493]]

    (b) For each process wastewater stream to which this subpart applies 
that is located at an existing source, the owner or operator shall 
comply with the requirements in either paragraph (b)(1), (b)(2), or 
(b)(3) of this section no later than the dates specified in Sec. 63.100 
of subpart F of this part.
    (1) The requirements of paragraphs (c) and (h) of this section, or
    (2) The requirements of paragraphs (g), (h), and (i) of this 
section; or
    (3) The requirements of paragraphs (g) and (j) of this section.
    (c) For each process wastewater stream or mixture of wastewater 
streams to which this subpart applies that is located at a new or 
existing source, the owner or operator shall designate such streams as 
Group 1 wastewater streams according to procedures specified in 
Sec. 63.144(d) of this subpart. The requirements of this paragraph are 
illustrated in figure 3 of this subpart.
    (d) For each process wastewater stream to which this subpart applies 
that is located at a new source, the owner or operator shall determine 
the average flow rate and average VOHAP concentration of each organic 
HAP listed in table 8 of this subpart for the point of generation of 
each process wastewater stream generated by the chemical manufacturing 
process unit. Average flow rate shall be determined according to the 
procedures specified in Sec. 63.144(c) of this subpart. Average VOHAP 
concentration of each organic HAP listed in table 8 of this subpart 
shall be determined according to the procedures specified in 
Sec. 63.144(b) of this subpart. The requirements of this paragraph are 
illustrated in figure 4 of this subpart.
    (1) A process wastewater stream shall be a Group 1 wastewater stream 
for organic HAP's listed in table 8 of this subpart if the average flow 
rate is 0.02 liter per minute or greater and the average VOHAP 
concentration of any individual organic HAP listed in table 8 of this 
subpart is 10 parts per million by weight or greater.
    (2) A process wastewater stream shall be a Group 2 wastewater stream 
for organic HAP's listed in table 8 of this subpart if the average flow 
rate is less than 0.02 liter per minute or the average VOHAP 
concentration for each individual organic HAP listed in table 8 of this 
subpart is less than 10 parts per million by weight.
    (e) Except as provided in paragraph (j) of this section, the owner 
or operator of each Group 1 stream for organic HAP's listed in table 8 
of this subpart shall comply with the requirements of paragraphs (e)(1) 
through (e)(4) of this section and with the requirements of either 
paragraph (e)(5) or (e)(6) of this section.
    (1) The requirements for waste management units specified in 
Secs. 63.133 through 63.137 of this subpart.
    (2) The monitoring and inspection requirements of Sec. 63.143 of 
this subpart.
    (3) The reporting and recordkeeping requirements of Secs. 63.146 and 
63.147 of this subpart.
    (4) The requirements in paragraph (g) of this section to determine 
whether each stream is Group 1 or Group 2 for organic HAP's listed in 
table 9 of this subpart.
    (5) The treatment requirements specified in Sec. 63.138(b) of this 
subpart, or
    (6) The 95-percent biological treatment option in Sec. 63.138(e) of 
this subpart.
    (f) The owner or operator of each Group 2 stream for organic HAP's 
listed in table 8 of this subpart shall comply with:
    (1) The recordkeeping and reporting requirements of Secs. 63.146 and 
63.147 of this subpart, and
    (2) The requirements in paragraph (g) of this section to determine 
whether each stream is Group 1 or Group 2 for organic HAP's listed in 
table 9 of this subpart.
    (g) The owner or operator of SOCMI process units at new and existing 
sources shall determine the average flow rate and total VOHAP average 
concentration for HAP's listed in table 9 of this subpart for the point 
of generation of each wastewater stream generated by the process unit. 
Average flow rate shall be determined according to the procedures 
specified in Sec. 63.144(c) of this subpart. Total VOHAP average 
concentration shall be determined according to the procedures specified 
in Sec. 63.144(b) of this subpart. The requirements of this paragraph 
are illustrated in figure 5 of this subpart.

[[Page 494]]

    (1) A process wastewater stream shall be a Group 1 wastewater stream 
for organic HAP's listed in table 9 of this subpart if:
    (i) The total VOHAP average concentration of the wastewater stream 
is greater than or equal to 10,000 parts per million by weight at any 
flow rate, or
    (ii) The total VOHAP average concentration is greater than or equal 
to 1,000 parts per million by weight and the average flow rate is 
greater than or equal to 10 liters per minute.
    (2) A process wastewater stream shall be a Group 2 wastewater stream 
for HAP's listed in table 9 of this subpart if:
    (i) The total VOHAP average concentration is less than 1,000 parts 
per million by weight, or
    (ii) The average flow rate is less than 10 liters per minute and the 
total VOHAP average concentration is less than 10,000 parts per million 
by weight.
    (h) Except as provided in paragraph (j) of this section, the owner 
or operator of each Group 1 stream for HAP's listed in table 9 of this 
subpart shall comply with the requirements of paragraphs (h)(1) through 
(h)(3) of this section and with the requirements of paragraph (h)(4), 
(h)(5), or (h)(6) of this section.
    (1) The requirements for waste management units specified in 
Secs. 63.133 through 63.137 of this subpart.
    (2) The monitoring and inspection requirements of Sec. 63.143 of 
this subpart.
    (3) The reporting and recordkeeping requirements of Secs. 63.146 and 
63.147 of this subpart.
    (4) The treatment requirements specified in Sec. 63.138(c) of this 
subpart, or
    (5) The process unit alternative specified in Sec. 63.138(d) of this 
subpart.
    (6) The 95-percent biological treatment option in Sec. 63.138(e) of 
this subpart.
    (i) The owner or operator of each Group 2 stream for HAP's listed in 
table 9 of this subpart shall comply with the recordkeeping and 
reporting requirements of Secs. 63.146 and 63.147 of this subpart.
    (j) The owner or operator may elect to transfer a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream to an on-
site treatment operation not owned or operated by the owner or operator 
of the source generating the wastewater stream or residual, to an off-
site treatment operation, or to sell it for any other purpose. The owner 
or operator transferring the wastewater stream or residual shall:
    (1) Comply with the provisions specified in Secs. 63.133 through 
63.137 of this subpart for each waste management unit that receives or 
manages a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream prior to and during shipment or transport.
    (2) Ensure that the wastewater stream or residual is ultimately 
treated in accordance with the requirements of:
    (i) Sec. 63.138(b) of this subpart if the stream or residual is 
Group 1 for table 8 compounds and with the requirements of 
Sec. 63.138(c) of this subpart if the stream or residual is Group 1 for 
table 9 compounds, or
    (ii) Sec. 63.102(b) of subpart F or subpart D of this part, if 
alternative emission limitations have been granted in accordance with 
these provisions.
    (3) Include with the shipment or transport of each Group 1 
wastewater stream or residual removed from a Group 1 wastewater stream a 
notice. The notice shall state that the wastewater stream or residual 
contains organic HAP's which are required to be managed and treated in 
accordance with the provisions of this subpart. When the transport is 
continuous (for example, discharge to a publicly-owned treatment works), 
the notice shall be submitted to the treatment operator at least once 
per year.



Sec. 63.133  Process wastewater provisions--wastewater tanks.

    (a) For each wastewater tank that receives, manages, or treats a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of either paragraph (a)(1) or (a)(2) as specified in table 
10 of this subpart.
    (1) The owner or operator shall operate and maintain a fixed roof 
unless the wastewater tank is used for mixing wastewater, heating 
wastewater, or treating with an exothermic reaction.

[[Page 495]]

In which case, the owner or operator shall comply with the requirements 
specified in paragraph (a)(2) of this section.
    (2) The owner or operator shall comply with the requirements in 
paragraphs (b) through (h) of this section and shall operate and 
maintain one of the emission control techniques listed in paragraphs 
(a)(2)(i) through (a)(2)(iv).
    (i) A fixed roof and a closed-vent system that routes the organic 
HAP vapors vented from the wastewater tank to a control device. The 
fixed roof, closed-vent system, and control device shall meet the 
requirements specified in paragraph (b) of this section;
    (ii) A fixed roof and an internal floating roof that meets the 
requirements specified in Sec. 63.119(b) of this subpart;
    (iii) An external floating roof that meets the requirements 
specified in Secs. 63.119(c), 63.120(b)(5), and 63.120(b)(6) of this 
subpart; or
    (iv) An equivalent means of emission limitation. Determination of 
equivalence to the reduction in emissions achieved by the requirements 
of paragraphs (a)(2)(i) through (a)(2)(iii) of this section will be 
evaluated according to Sec. 63.102(b) of subpart F of this part. The 
determination will be based on the application to the Administrator 
which shall include the information specified in either paragraph 
(a)(2)(iv)(A) or (a)(2)(iv)(B) of this section.
    (A) Actual emissions tests that use full-size or scale-model 
wastewater tanks that accurately collect and measure all organic HAP 
emissions from a given control technique, and that accurately simulate 
wind and account for other emission variables such as temperature and 
barometric pressure, or
    (B) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (b) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2)(i) of this section, the fixed roof shall meet the 
requirements of paragraph (b)(1) of this section, the control device 
shall meet the requirements of paragraph (b)(2) of this section, and the 
closed-vent system shall meet the requirements of paragraph (b)(3) of 
this section:
    (1) The fixed-roof shall meet the following requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
fixed roof and all openings (e.g., access hatches, sampling ports, and 
gauge wells) shall be maintained in accordance with the requirements 
specified in Sec. 63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the wastewater tank contains a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream except when it is necessary to 
use the opening for wastewater sampling, removal, or for equipment 
inspection, maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected in 
accordance with the requirements of Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.148 of this subpart.
    (4) For any fixed roof tank and closed-vent system that is operated 
and maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (c) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2)(ii) of this section, the floating roof shall be 
inspected according to the procedures specified in Sec. 63.120(a)(2) and 
(a)(3) of this subpart.
    (d) Except as provided in paragraph (e) of this section, if the 
owner or operator elects to comply with the requirements of (a)(2)(iii) 
of this section, seal gaps shall be measured according to the procedures 
specified in Sec. 63.120(b)(2)(i) through (b)(4) of this subpart and the 
wastewater tank shall be inspected to determine compliance with 
Sec. 63.120(b)(5) and (b)(6) of this subpart.
    (e) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements specified in Sec. 63.120(b)(2)(i) through 
(b)(4) of this

[[Page 496]]

subpart or to inspect the wastewater tank to determine compliance with 
Sec. 63.120(b)(5) and (b)(6) of this subpart because the floating roof 
appears to be structurally unsound and poses an imminent or potential 
danger to inspecting personnel, the owner or operator shall comply with 
the requirements in either paragraph (e)(1) or (e)(2) of this section.
    (1) The owner or operator shall measure the seal gaps or inspect the 
wastewater tank within 30 calendar days of the determination that the 
floating roof is unsafe, or
    (2) The owner or operator shall empty and remove the wastewater tank 
from service within 45 calendar days of determining that the roof is 
unsafe. If the wastewater tank cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include an explanation of why it was unsafe to perform 
the inspection or seal gap measurement, shall document that alternate 
storage capacity is unavailable, and shall specify a schedule of actions 
that will ensure that the wastewater tank will be emptied as soon as 
possible.
    (f) Except as provided in paragraph (e) of this section, each 
wastewater tank shall be inspected initially, and semi-annually 
thereafter, for improper work practices in accordance with Sec. 63.143 
of this subpart. For wastewater tanks, improper work practice includes, 
but is not limited to, leaving open or ungasketed any access door or 
other opening when such door or opening is not in use.
    (g) Except as provided in paragraph (e) of this section, each 
wastewater tank shall be inspected for control equipment failures as 
defined in paragraph (g)(1) of this section according to the schedule in 
paragraphs (g)(2) and (g)(3) of this section.
    (1) Control equipment failures for wastewater tanks include, but are 
not limited to, the conditions specified in paragraphs (g)(1)(i) through 
(g)(1)(ix) of this section.
    (i) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (ii) There is liquid on the floating roof.
    (iii) A rim seal is detached from the floating roof.
    (iv) There are holes, tears, or other openings in the rim seal or 
seal fabric of the floating roof.
    (v) There are visible gaps between the seal of an internal floating 
roof and the wall of the wastewater tank.
    (vi) There are gaps between the metallic shoe seal or the liquid 
mounted primary seal of an external floating roof and the wall of the 
wastewater tank that exceed 212 square centimeters per meter of tank 
diameter or the width of any portion of any gap between the primary seal 
and the tank wall exceeds 3.81 centimeters.
    (vii) There are gaps between the secondary seal of an external 
floating roof and the wall of the wastewater tank that exceed 21.2 
square centimeters per meter of tank diameter or the width of any 
portion of any gap between the secondary seal and the tank wall exceeds 
1.27 centimeters.
    (viii) Where a metallic shoe seal is used on an external floating 
roof, one end of the metallic shoe does not extend into the stored 
liquid or one end of the metallic shoe does not extend a minimum 
vertical distance of 61 centimeters above the surface of the stored 
liquid.
    (ix) A gasket, joint, lid, cover, or door is cracked, gapped, or 
broken.
    (2) The owner or operator shall inspect for the control equipment 
failures in paragraphs (g)(1)(i) through (g)(1)(viii) according to the 
schedule specified in paragraphs (c) and (d) of this section.
    (3) The owner or operator shall inspect for the control equipment 
failures in paragraph (g)(1)(ix) of this section initially, and semi-
annually thereafter.
    (h) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification. If a failure that is detected during 
inspections required by paragraphs (a)(2)(i) or (a)(3)(ii) of this 
section cannot be repaired within 45

[[Page 497]]

calendar days and if the vessel cannot be emptied within 45 calendar 
days, the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each. Documentation of a decision to utilize an 
extension shall include a description of the failure, shall document 
that alternate storage capacity is unavailable, and shall specify a 
schedule of actions that will ensure that the control equipment will be 
repaired or the vessel will be emptied as soon as possible.



Sec. 63.134  Process wastewater provisions--surface impoundments.

    (a) For each surface impoundment that receives, manages, or treats a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (b), (c), and (d) of this section.
    (b) The owner or operator shall operate and maintain on each surface 
impoundment a cover (e.g., air-supported structure or rigid cover) and a 
closed-vent system that routes the organic HAP vapors vented from the 
surface impoundment to a control device.
    (1) The cover and all openings shall meet the following 
requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
cover and all openings (e.g., access hatches, sampling ports, and gauge 
wells) shall be maintained in accordance with the requirements specified 
in Sec. 63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream is in the surface impoundment except when it is 
necessary to use the opening for sampling, removal, or for equipment 
inspection, maintenance, or repair.
    (iii) The cover shall be used at all times that a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream is in the 
surface impoundment except during removal of treatment residuals in 
accordance with 40 CFR 268.4 or closure of the surface impoundment in 
accordance with 40 CFR 264.228.
    (2) The control device shall be designed, operated, and inspected in 
accordance with Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (4) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (c) Each surface impoundment shall be inspected initially, and semi-
annually thereafter, for improper work practices and control equipment 
failures in accordance with Sec. 63.143 of this subpart.
    (1) For surface impoundments, improper work practice includes, but 
is not limited to, leaving open or ungasketed any access hatch or other 
opening when such hatch or opening is not in use.
    (2) For surface impoundments, control equipment failure includes, 
but is not limited to, any time a seal, gasket, joint, lid, cover, or 
door is cracked, gapped, or broken.
    (d) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.



Sec. 63.135  Process wastewater provisions--containers.

    (a) For each container that receives, manages, or treats a Group 1 
wastewater stream or a residual removed from a Group 1 wastewater 
stream, the owner or operator shall comply with the requirements of 
paragraphs (b) through (f) of this section.
    (b) The owner or operator shall operate and maintain a cover on each 
container used to handle, transfer, or store a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream in accordance with 
the following requirements:
    (1) Except as provided in paragraph (d)(4) of this section, if the 
capacity of the container is greater than 0.42 m3, the cover and 
all openings (e.g., bungs,

[[Page 498]]

hatches, sampling ports, and pressure relief devices) shall be 
maintained in accordance with the requirements specified in Sec. 63.148 
of this subpart.
    (2) If the capacity of the container is less than or equal to 0.42 
m3, the owner or operator shall comply with either (b)(2)(i) or 
(b)(2)(ii) of this section.
    (i) The container must meet existing DOT specifications and testing 
requirements under 49 CFR part 178; or
    (ii) Except as provided in paragraph (d)(4) of this section, the 
cover and all openings shall be maintained without leaks as specified in 
Sec. 63.148 of this subpart.
    (3) The cover and all openings shall be maintained in a closed, 
sealed position (e.g., covered by a lid that is gasketed and latched) at 
all times that a Group 1 wastewater stream or residual removed from a 
Group 1 wastewater stream is in the container except when it is 
necessary to use the opening for filling, removal, inspection, sampling, 
or pressure relief events related to safety considerations.
    (c) For containers with a capacity greater than or equal to 0.42 
m3, a submerged fill pipe shall be used when a container is being 
filled by pumping with a Group 1 wastewater stream or residual removed 
from a Group 1 wastewater stream.
    (1) The submerged fill pipe outlet shall extend to no more than 6 
inches or within two fill pipe diameters of the bottom of the container 
while the container is being filled.
    (2) The cover shall remain in place and all openings shall be 
maintained in a closed, sealed position except for those openings 
required for the submerged fill pipe and for venting of the container to 
prevent physical damage or permanent deformation of the container or 
cover.
    (d) During treatment of a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream, including aeration, thermal or 
other treatment, in a container, whenever it is necessary for the 
container to be open, the container shall be located within an enclosure 
with a closed-vent system that routes the organic HAP vapors vented from 
the container to a control device.
    (1) Except as provided in paragraph (d)(4) of this section, the 
enclosure and all openings (e.g., doors, hatches) shall be maintained in 
accordance with the requirements specified in Sec. 63.148 of this 
subpart.
    (2) The control device shall be designed, operated, and inspected in 
accordance with Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (d)(4) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (4) For any enclosure and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (e) Each container shall be inspected initially, and semi-annually 
thereafter, for improper work practices and control equipment failures 
in accordance with Sec. 63.143 of this subpart.
    (1) For containers, improper work practice includes, but is not 
limited to, leaving open or ungasketed any access hatch or other opening 
when such hatch or opening is not in use.
    (2) For containers, control equipment failure includes, but is not 
limited to, any time a seal, gasket, joint, lid, cover, or door is 
cracked, gapped, or broken.
    (f) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.



Sec. 63.136  Process wastewater provisions--individual drain systems.

    (a) For each individual drain system that receives or manages a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (b), (c), and (d) of this section. For each 
junction box or drain that receives or manages a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream, the owner 
or operator shall comply with the requirements in paragraphs (b), (c),

[[Page 499]]

and (d) or with paragraphs (e), (f), and (g) of this section.
    (b) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall operate and maintain on each opening in the 
individual drain system a cover and closed-vent system that routes the 
organic vapors vented from the individual drain system to a control 
device and the owner or operator shall comply with the requirements of 
paragraphs (b)(1) through (b)(5) of this section.
    (1) The cover and all openings shall meet the following 
requirements:
    (i) Except as provided in paragraph (b)(4) of this section, the 
cover and all openings (e.g., access hatches, sampling ports) shall be 
maintained in accordance with the requirements specified in Sec. 63.148 
of this subpart.
    (ii) The cover and all openings shall be maintained in a closed, 
sealed position (e.g., covered by a lid that is gasketed and latched) at 
all times that a Group 1 wastewater stream or residual removed from a 
Group 1 wastewater stream is in the drain system except when it is 
necessary to use the opening for sampling or removal, or for equipment 
inspection, maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected in 
accordance with Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with Sec. 63.148 of 
this subpart.
    (4) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements specified in Sec. 63.148 of 
this subpart.
    (5) The individual drain system shall be designed and operated to 
segregate the vapors within the system from other drain systems and the 
atmosphere through means such as water seals.
    (c) Each individual drain system shall be inspected initially, and 
semi-annually thereafter, for improper work practices and control 
equipment failures, in accordance with Sec. 63.143 of this subpart.
    (1) For individual drain systems, improper work practice includes, 
but is not limited to, leaving open or ungasketed any access hatch or 
other opening when such hatch or opening is not in use.
    (2) For individual drain systems, control equipment failure 
includes, but is not limited to, any time a seal, gasket, joint, lid, 
cover, or door is cracked, gapped, or broken.
    (d) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 15 calendar 
days after identification.
    (e) If the owner or operator elects to comply with this paragraph, 
the owner or operator shall comply with the requirements in paragraphs 
(e)(1) through (e)(3) of this section:
    (1) Each drain shall be equipped with water seal controls, such as a 
p-trap or s-trap, or a tightly sealed cap or plug. The owner or operator 
shall comply with paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
    (i) For each drain using a p-trap or s-trap, the owner or operator 
shall ensure that water is maintained in the p-trap or s-trap. For 
example, a flow-monitoring device indicating positive flow from a main 
to a branch water line supplying a trap or water being continuously 
dripped into the trap by a hose could be used to verify flow of water to 
the trap.
    (ii) If a water seal is used on a drain hub receiving a Group 1 
wastewater, the owner or operator shall either extend the drain pipe 
discharging the wastewater below the liquid surface in the water seal, 
or install a flexible cap (or other enclosure which restricts wind 
motion) that encloses the space between the drain discharging the 
wastewater to the drain hub receiving the wastewater.

    Note: Water seals which are used on hubs receiving Group 2 
wastewater for the purpose of eliminating cross ventilation to drains 
carrying Group 1 wastewater are not required to have a flexible cap or 
extended subsurface drain.

    (2) Each junction box shall be equipped with a cover and, if vented, 
shall have a vent pipe. Any vent pipe shall be at least 90 centimeters 
in

[[Page 500]]

length and shall not exceed 10.2 centimeters in diameter.
    (i) Junction box covers shall have a tight seal around the edge and 
shall be kept in place at all times, except during inspection and 
maintenance.
    (ii) One of the following methods shall be used to control emissions 
from the junction box vent pipe to the atmosphere:
    (A) Equip the junction box with a system to prevent the flow of 
organic HAP vapors from the vent pipe to the atmosphere during normal 
operation. An example of such a system includes use of water seal 
controls on the junction box.
    (B) Connect the vent pipe to a closed-vent system that is inspected 
in accordance with the requirements of Sec. 63.148 of this subpart and 
control device that is designed, operated, and inspected in accordance 
with the requirements of Sec. 63.139 of this subpart.
    (3) Each sewer line shall not be open to the atmosphere and shall be 
covered or enclosed in a manner so as to have no visible gaps or cracks 
in joints, seals, or other emission interfaces.
    (f) Equipment used to comply with paragraphs (e)(1), (e)(2), or 
(e)(3) of this section shall be inspected as follows:
    (1) Each drain using a tightly sealed cap or plug shall be visually 
inspected initially, and semi-annually thereafter, to ensure caps or 
plugs are in place and properly installed.
    (2) Each junction box shall be visually inspected initially, and 
semi-annually thereafter, to ensure that the cover is in place and to 
ensure that the cover has a tight seal around the edge.
    (3) The unburied portion of each sewer line shall be visually 
inspected initially, and semi-annually thereafter, for indication of 
cracks or gaps that could result in air emissions.
    (g) Except as provided in Sec. 63.140 of this subpart, when a gap, 
or cracked or broken seal, joint, or cover is identified, first efforts 
at repair shall be made no later than 5 calendar days after 
identification, and repair shall be completed within 15 calendar days 
after identification.



Sec. 63.137  Process wastewater provisions--oil-water separators.

    (a) For each oil-water separator that receives, manages, or treats a 
Group 1 wastewater stream or a residual removed from a Group 1 
wastewater stream, the owner or operator shall comply with the 
requirements of paragraphs (c) and (d) of this section and shall operate 
and maintain one of the following:
    (1) A fixed roof and a closed vent system that routes the organic 
HAP vapors vented from the oil-water separator to a control device. The 
fixed roof, closed-vent system, and control device shall meet the 
requirements specified in paragraph (b) of this section;
    (2) A floating roof meeting the requirements in 40 CFR part 60 
subpart QQQ Secs. 60.693-2 (a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and 
(a)(4). For portions of the oil-water separator where it is infeasible 
to construct and operate a floating roof, such as over the weir 
mechanism, the owner or operator shall operate and maintain a fixed 
roof, closed vent system, and control device that meet the requirements 
specified in paragraph (b) of this section.
    (3) An equivalent means of emission limitation. Determination of 
equivalence to the reduction in emissions achieved by the requirements 
of paragraphs (a)(1) and (a)(2) of this section will be evaluated 
according to Sec. 63.102(b) of subpart F of this part. The determination 
will be based on the application to the Administrator which shall 
include the information specified in either paragraph (a)(3)(i) or 
(a)(3)(ii) of this section.
    (i) Actual emissions tests that use full-size or scale-model oil-
water separators that accurately collect and measure all organic HAP 
emissions from a given control technique, and that accurately simulate 
wind and account for other emission variables such as temperature and 
barometric pressure, or
    (ii) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.

[[Page 501]]

    (b) If the owner or operator elects to comply with the requirements 
of paragraphs (a)(1) or (a)(2) of this section, the fixed roof shall 
meet the requirements of paragraph (b)(1) of this section, the control 
device shall meet the requirements of paragraph (b)(2) of this section, 
and the closed-vent system shall meet the requirements of (b)(3) of this 
section.
    (1) The fixed-roof shall meet the following requirements:
    (i) Except as provided in (b)(4) of this section, the fixed roof and 
all openings (e.g., access hatches, sampling ports, and gauge wells) 
shall be maintained in accordance with the requirements specified in 
Sec. 63.148 of this subpart.
    (ii) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
the oil-water separator contains a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream except when it is necessary to 
use the opening for sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (2) The control device shall be designed, operated, and inspected in 
accordance with the requirements of Sec. 63.139 of this subpart.
    (3) Except as provided in paragraph (b)(4) of this section, the 
closed-vent system shall be inspected in accordance with the 
requirements of Sec. 63.148 of this subpart.
    (4) For any fixed roof and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements of Sec. 63.148 of this subpart.
    (c) If the owner or operator elects to comply with the requirements 
of paragraph (a)(2) of this section, seal gaps shall be measured 
according to the procedures specified in 40 CFR part 60 subpart QQQ 
Sec. 60.696(d)(1) and the schedule specified in paragraphs (c)(1) and 
(c)(2) of this section.
    (1) Measurement of primary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream and once every 5 years thereafter.
    (2) Measurement of secondary seal gaps shall be performed within 60 
calendar days after installation of the floating roof and introduction 
of a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream and once every year thereafter.
    (d) Each oil-water separator shall be inspected initially, and semi-
annually thereafter, for improper work practices in accordance with 
Sec. 63.143 of this subpart. For oil-water separators, improper work 
practice includes, but is not limited to, leaving open or ungasketed any 
access door or other opening when such door or opening is not in use.
    (e) Each oil-water separator shall be inspected for control 
equipment failures as defined in paragraph (e)(1) of this section 
according to the schedule specified in paragraphs (e)(2) and (e)(3) of 
this section.
    (1) For oil-water separators, control equipment failure includes, 
but is not limited to, the conditions specified in paragraphs (e)(1)(i) 
through (e)(1)(vii) of this section.
    (i) The floating roof is not resting on either the surface of the 
liquid or on the leg supports.
    (ii) There is liquid on the floating roof.
    (iii) A rim seal is detached from the floating roof.
    (iv) There are holes, tears, or other openings in the rim seal or 
seal fabric of the floating roof.
    (v) There are gaps between the primary seal and the separator wall 
that exceed 67 square centimeters per meter of separator wall perimeter 
or the width of any portion of any gap between the primary seal and the 
separator wall exceeds 3.8 centimeters.
    (vi) There are gaps between the secondary seal and the separator 
wall that exceed 6.7 square centimeters per meter of separator wall 
perimeter or the width of any portion of any gap between the secondary 
seal and the separator wall exceeds 1.3 centimeters.
    (vii) A gasket, joint, lid, cover, or door is cracked, gapped, or 
broken.
    (2) The owner or operator shall inspect for the control equipment 
failures in paragraphs (e)(1)(i) through (e)(1)(vi) according to the 
schedule

[[Page 502]]

specified in paragraph (c) of this section.
    (3) The owner or operator shall inspect for control equipment 
failures in paragraph (e)(1)(vii) of this section initially, and semi-
annually thereafter.
    (f) Except as provided in Sec. 63.140 of this subpart, when an 
improper work practice or a control equipment failure is identified, 
first efforts at repair shall be made no later than 5 calendar days 
after identification and repair shall be completed within 45 calendar 
days after identification.



Sec. 63.138  Process wastewater provisions--treatment processes.

    (a) Except as provided in paragraph (m) of this section, the owner 
or operator shall comply with the requirements of this section according 
to paragraph (a)(1) for new sources and paragraph (a)(2) for existing 
sources.
    (1) The owner or operator at a new source shall comply with the 
requirements of paragraphs (f), (g), (h), (i), (j), (k), and (l) of this 
section and the requirements of either paragraphs (b) and (c), or (e) of 
this section.
    (2) The owner or operator at an existing source shall comply with 
the requirements of paragraphs (f), (g), (h), (i), (j), (k), and (l) of 
this section and the requirements of paragraph (c), (d), or (e) of this 
section.
    (b) Except as provided in the 95-percent biological treatment 
alternative in paragraph (e) of this section, the owner or operator of 
new sources shall comply with the following requirements for each 
wastewater stream that is a Group 1 wastewater stream for HAP's listed 
in table 8 of this subpart. The requirements of this paragraph are 
illustrated in figure 6 of this subpart.
    (1) Except as provided in paragraph (b)(5) of this section, the 
Group 1 wastewater stream shall be treated by one of the following 
methods:
    (i) Recycle to a process in accordance with the requirements 
specified in paragraph (f) of this section. Once a wastewater stream is 
returned to the production process, the wastewater stream is no longer 
subject to this section.
    (ii) Treat using a waste management unit or treatment process which 
meets one of the following conditions:
    (A) Reduces, by removal or destruction, the average VOHAP 
concentration of each individual organic HAP listed in table 8 of this 
subpart to less than 10 parts per million by weight as determined by the 
procedures specified in Sec. 63.145(b) of this subpart;
    (B) Meets all design and operation specifications for a steam 
stripper in paragraph (g) of this section; or
    (C) Reduces, by removal or destruction, by 99 percent or more, the 
total HAP mass flow rate of organic HAP's listed in table 8 of this 
subpart for a single stream, or the combined HAP mass flow rate of 
organic HAP's listed in table 8 of this subpart for mixed streams as 
determined by the procedures specified in Sec. 63.145(c) or (d) of this 
subpart.
    (iii) Treat one Group 1 stream or a combination of one or more Group 
1 or Group 2 wastewater streams using a waste management unit or 
treatment process which meets one of the following conditions:
    (A) Reduces, by removal or destruction, by 99 percent or more the 
total HAP mass flow rate of organic HAP's listed in table 8 of this 
subpart for a single stream or the combined HAP mass flow rate of 
organic HAP's listed in table 8 of this subpart for mixed streams as 
determined by the procedures specified in Sec. 63.145(c) or (d) of this 
subpart, or
    (B) Meets all design and operation specifications for a steam 
stripper in paragraph (g) of this section; or
    (C) Achieves the required HAP mass removal of organic HAP's listed 
in table 8 of this subpart determined by the procedure in Sec. 63.145(f) 
of this subpart. The owner or operator shall demonstrate compliance with 
the required HAP mass removal by calculating the actual HAP mass removal 
according to the procedures in Sec. 63.145(h) of this subpart. A series 
of treatment processes may be used to comply with this requirement. All 
wastewater collection and treatment processes and waste management units 
located between any two treatment processes being used to achieve the 
required HAP mass removal shall comply with paragraph (i) of this 
section. For example, if a combination of two steam strippers is used

[[Page 503]]

to achieve the required HAP mass removal, and a surface impoundment is 
located between the two steam strippers, then the surface impoundment 
shall comply with Sec. 63.134 of this subpart.
    (2) For each treatment process or waste management unit used to 
comply with the requirements of this paragraph, the owner or operator 
shall comply with paragraph (i) of this section for control of air 
emissions.
    (3) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall comply with paragraph (h) of this section for 
control of air emissions.
    (4) The intentional or unintentional reduction in the individual 
VOHAP concentration or the total VOHAP average concentration of a 
wastewater stream by dilution of the wastewater stream with other 
wastewaters or materials is not allowed for the purpose of complying 
with the effluent VOHAP concentration requirements specified in 
paragraph (b)(1)(ii)(A) of this section.
    (5) If process changes, not wastewater treatment, result in a Group 
1 wastewater stream for organic HAP's listed in table 8 of this subpart 
meeting the requirements of either paragraph (b)(5)(i) or (b)(5)(ii) of 
this section, the owner or operator need not comply with paragraph 
(b)(1) of this section for that stream.
    (i) If the average flow rate at the point of generation is reduced 
to less than 0.02 liter per minute, or
    (ii) If the average VOHAP concentration at the point of generation 
for each organic HAP listed in table 8 of this subpart is reduced to 
less than 10 parts per million by weight.
    (c) Except as provided in the process unit alternative in paragraph 
(d) of this section and the 95-percent biological treatment alternative 
in paragraph (e) of this section, the owner or operator of new and 
existing sources shall comply with the following requirements for each 
wastewater stream that is a Group 1 wastewater stream for organic HAP's 
listed in table 9 of this subpart. The requirements of this paragraph 
are illustrated in figure 7 of this subpart.
    (1) Except as provided in paragraphs (c)(5) through (c)(7) of this 
section, the Group 1 wastewater stream shall be treated by one of the 
following methods:
    (i) Recycle to a process in accordance with the requirements 
specified in paragraph (f) of this section. Once a wastewater stream is 
returned to the production process, the wastewater stream is no longer 
subject to this section.
    (ii) Treat using a waste management unit which meets one of the 
following conditions:
    (A) Is a steam stripper meeting all of the design and operation 
specifications of paragraph (g) of this section;
    (B) Reduces, by removal or destruction, by 99 percent or more, the 
total HAP mass flow rate of the organic HAP's listed in table 9 of this 
subpart for a single stream or the combined HAP mass flow rate of the 
organic HAP's listed in table 9 for mixed streams as determined by the 
procedures specified in Sec. 63.145(c) or (d) of this subpart;
    (C) Reduces, by removal or destruction, the total VOHAP average 
concentration of the organic HAP's listed in table 9 of this subpart to 
a level less than 50 parts per million by weight as determined by the 
procedures specified in Sec. 63.145(b) of this subpart; or
    (D) Reduces, by removal or destruction, the HAP mass flow rate of 
each organic HAP listed in table 9 of this subpart by at least the 
reduction efficiency percentages specified in table 9 of this subpart, 
as determined by the procedures specified in Sec. 63.145(c) or (d) of 
this subpart.
    (iii) Treat one Group 1 wastewater stream or a combination of Group 
1 and Group 2 wastewater streams that have been aggregated or mixed for 
purposes of facilitating treatment using a waste management unit which 
meets one of the following conditions:
    (A) Is a steam stripper meeting all of the design and operation 
specifications of paragraph (g) of this section; or
    (B) Reduces, by removal or destruction, by 99 percent or more, the 
total HAP mass flow rate of the organic HAP's listed in table 9 of this 
subpart for a single stream or the combined HAP mass flow rate of the 
organic

[[Page 504]]

HAP's listed in table 9 of this subpart for mixed streams as determined 
by the procedures specified in Sec. 63.145(c) or (d) of this subpart; or
    (C) Reduces, by removal or destruction, the HAP mass flow rate of 
each organic HAP listed in table 9 of this subpart by at least the 
reduction efficiency percentages specified in table 9 of this subpart or 
more as determined by the procedures specified in Sec. 63.145(c) or (d) 
of this subpart; or
    (D) Achieves the required HAP mass removal of the HAP mass flow rate 
of the organic HAP's listed in table 9 of this subpart determined by the 
procedures in Sec. 63.145(g) of this subpart. The owner or operator 
shall demonstrate compliance with the required HAP mass removal by 
calculating the actual HAP mass removal according to the procedures in 
Sec. 63.145(h) of this subpart. A series of treatment processes may be 
used to comply with this requirement. All wastewater collection and 
treatment processes and waste management units located between any two 
treatment processes being used to achieve the required HAP mass removal 
shall comply with paragraph (i) of this section. For example, if a 
combination of two steam strippers are used to achieve the required HAP 
mass removal, and a surface impoundment is located between the two steam 
strippers, then the surface impoundment shall comply with Sec. 63.134 of 
this subpart.
    (2) For each treatment process or waste management unit used to 
comply with the requirements of this paragraph, the owner or operator 
shall comply with paragraph (i) of this section for control of air 
emissions.
    (3) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall comply with paragraph (h) of this section for 
control of air emissions.
    (4) The intentional or unintentional reduction in the individual 
VOHAP concentration or total VOHAP average concentration of a wastewater 
stream by dilution of the wastewater stream with other wastewaters or 
materials is prohibited for the purpose of complying with the effluent 
VOHAP concentration requirements specified in paragraph (c)(1)(ii)(C) of 
this section.
    (5) If the sum, for the source, of the VOHAP mass flow rates of 
Group 1 wastewater streams for organic HAP's listed in table 9 of this 
subpart (as determined at each stream's point of generation by the 
procedures in Sec. 63.144(e) of this subpart) is less than 1 megagram 
per year, the owner or operator need not comply with paragraph (c)(1) of 
this section.
    (6) If a Group 1 wastewater stream for organic HAP's listed in table 
9 of this subpart is treated or managed in treatment processes according 
to the requirements in paragraphs (c)(6)(i) and (c)(6)(ii) of this 
section, the owner or operator need not comply with the requirements of 
paragraph (c)(1) of this section.
    (i) The sum, for the source, of the combined VOHAP mass flow rate of 
the organic HAP's listed in table 9 of this subpart of each Group 1 
wastewater stream as determined by the procedures specified in 
Sec. 63.144(f) of this subpart and in paragraphs (c)(6)(i)(A), 
(c)(6)(i)(B), and (c)(6)(i)(C) of this section is reduced to less than 1 
megagram per year.
    (A) The combined VOHAP mass flow rate of the organic HAP's listed in 
table 9 of this subpart in each untreated Group 1 wastewater stream is 
determined for that stream's point of generation.
    (B) The combined VOHAP mass flow rate of the organic HAP's listed in 
table 9 of this subpart in each Group 1 wastewater stream that is 
treated to levels less stringent than those required by paragraph (c) of 
this section is determined at the treatment unit outlet, but before the 
wastewater stream is mixed with other wastewater streams and prior to 
exposure to the atmosphere.
    (C) The combined VOHAP mass flow rate of the organic HAP's listed in 
table 9 of this subpart in each Group 1 wastewater stream treated to the 
levels required by paragraph (c) of this section is not included in the 
calculation of the total source combined VOHAP mass flow rate of the 
organic HAP's listed in table 9 of this subpart.
    (ii) Each waste management unit that receives, manages, or treats 
the wastewater stream prior to or during treatment meets the 
requirements of

[[Page 505]]

Sec. Sec. 63.133 through 63.137 of this subpart, as applicable.
    (7) If process changes result in a Group 1 wastewater stream for 
organic HAP's listed in table 9 of this subpart meeting the requirements 
of either paragraph (c)(7)(i) or (c)(7)(ii) of this section, the owner 
or operator need not comply with paragraph (c)(1) of this section for 
that stream.
    (i) The total VOHAP average concentration of organic HAP's listed in 
table 9 of this subpart at the point of generation is reduced to less 
than 1,000 parts per million by weight, or
    (ii) The flow rate at the point of generation is reduced to less 
than 10 liters per minute and the total VOHAP average concentration of 
organic HAP's listed in table 9 of this subpart at the point of 
generation is reduced to less than 10,000 parts per million by weight.
    (d) As an alternative to the treatment requirements in paragraph (c) 
of this section, an owner or operator may elect to treat all wastewater 
streams generated at an existing source by complying with the 
requirements of paragraphs (d)(1) through (d)(4) of this section. The 
requirements of this Process Unit Alternative are illustrated in figure 
8 of this subpart.
    (1) The owner or operator shall ensure that the total VOHAP average 
concentration of organic HAP's listed in table 9 of this subpart of each 
process wastewater stream exiting the chemical manufacturing process 
unit is less than 10 parts per million by weight as determined by the 
procedures in Sec. 63.145(b) of this subpart.
    (2) If the total VOHAP average concentration of organic HAP's listed 
in table 9 of this subpart for any individual wastewater stream or 
combination of wastewater streams, as determined either at the point of 
generation for an individual wastewater stream or at the point following 
combination with other process wastewater streams prior to exposure to 
the atmosphere, is greater than or equal to 10 parts per million by 
weight, the owner or operator shall comply with the requirements of 
either paragraph (d)(2)(i) or (d)(2)(ii) of this section.
    (i) The wastewater stream shall be treated to achieve a total VOHAP 
average concentration of organic HAP's listed in table 9 of this subpart 
of less than 10 parts per million by weight as determined by the 
procedures in Sec. 63.145(b) of this subpart, or
    (ii) The wastewater stream shall be recycled to the process in 
accordance with paragraphs (f)(1) and (f)(2) of this section. Once a 
wastewater stream is returned to the production process, the wastewater 
stream is no longer subject to this section.
    (3) For each residual removed from a wastewater stream, the owner or 
operator shall comply with paragraph (h) of this section for control of 
air emissions.
    (4) For each treatment process or waste management unit that 
receives, manages, or treats wastewater streams generated within the 
process unit, the owner or operator shall comply with paragraph (i) of 
this section for control of air emissions.
    (e) As an alternative to the treatment requirements in paragraphs 
(b) and (c) of this section, an owner or operator may elect to treat all 
Group 1 and Group 2 wastewater streams in a biological treatment unit by 
complying with the requirements of paragraphs (e)(1) through (e)(4) of 
this section.
    (1) Except as provided in paragraph (e)(4) of this section, the 
owner or operator shall ensure that all wastewater streams entering a 
biological treatment unit are treated to destroy at least 95-percent 
total organic HAP mass of all organic HAP's listed in table 9 of this 
subpart.
    (2) The owner or operator shall demonstrate that 95 percent of the 
mass of the HAP's listed in table 9 is removed from the wastewater 
stream or combination of wastewater streams by the procedure specified 
in Sec. 63.145(i) of this subpart.
    (3) For each treatment process or waste management unit that 
receives, manages, or treats wastewater streams subject to this 
paragraph, the owner or operator shall comply with paragraph (i) of this 
section for control of air emissions from the point of generation to the 
biological treatment unit.
    (4) The owner or operator may combine this compliance option with 
other options provided in either paragraph (b) of this section for new 
sources or (c)

[[Page 506]]

or (d) of this section for new and existing sources. However, if a 
wastewater stream is in compliance with a treatment option provided in 
either paragraph (b), (c), or (d) of this section, and the treated 
wastewater is mixed with untreated wastewater that is destined for the 
biological treatment unit, the owner or operator shall comply with the 
requirements in Sec. 63.133 through Sec. 63.137 of this subpart until 
the wastewater enters the biological treatment unit.
    (f) If an owner or operator elects to comply with the provisions in 
paragraph (b)(1)(i), (c)(1)(i), (d)(2)(ii), or (h)(1) of this section to 
recycle to a production process a Group 1 wastewater stream or residual 
removed from a Group 1 wastewater stream, the owner or operator shall 
comply with the requirements of paragraphs (f)(1) and (f)(2) of this 
section.
    (1) The wastewater stream or residual shall not be exposed to the 
atmosphere during recycle or at the process unit, and
    (2) Each waste management unit that receives, manages, or treats the 
wastewater stream or residual, prior to or during recycle, shall meet 
the requirements of Secs. 63.133 through 63.137 of this subpart, as 
applicable.
    (3) Each waste management unit that receives, manages, or treats the 
wastewater stream or residual, prior to or during recycle, shall meet 
the inspection and monitoring requirements in Sec. 63.143(a) as 
summarized in table 11 of this subpart, as applicable. Recycled 
wastewater streams and recycled residuals are not subject to the 
monitoring requirements for treatment processes in Sec. 63.143(b) as 
summarized in table 12 of this subpart.
    (g) If an owner or operator elects to comply with paragraph 
(b)(1)(ii)(B), (b)(1)(iii)(B), (c)(1)(ii)(A), or (c)(1)(iii)(A) of this 
section, the owner or operator shall operate and maintain a steam 
stripper that meets the requirements of paragraphs (g)(1) through (g)(5) 
of this section.
    (1) Minimum active column height of 5 meters,
    (2) Countercurrent flow configuration with a minimum of 10 actual 
trays,
    (3) Minimum steam flow rate of 0.04 kilograms of steam per liter of 
wastewater feed,
    (4) Minimum wastewater feed temperature to the steam stripper of 95  
deg.C,
    (5) Maximum liquid loading of 67,100 liters per hour per square 
meter, and
    (6) Minimum steam quality of 2,765 kiloJoules per kilogram.
    (h) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall control for air emissions by complying with 
paragraph (i) of this section and by complying with one of the 
provisions in paragraphs (h)(1) through (h)(3) of this section. The 
requirements of this paragraph are illustrated in Figure 10 of this 
subpart.
    (1) Recycle the residual to a production process or sell the 
residual for the purpose of recycling in accordance with the 
requirements specified in paragraph (f) of this section. Once a residual 
is returned to the production process, the residual is no longer subject 
to this section.
    (2) Return the residual to the treatment process.
    (3) Treat the residual to destroy the total combined HAP mass flow 
rate by 99 percent or more, as determined by the procedures specified in 
Sec. 63.145 (c) or (d) of this subpart.
    (i) For each treatment process or waste management unit that 
receives, manages, or treats a Group 1 wastewater stream, or residual 
removed from a Group 1 wastewater stream, prior to and during treatment 
or recycle, the owner or operator shall comply with the requirements of 
paragraph (i)(1), (i)(2), or (i)(3) of this section.
    (1) If the treatment process or waste management unit is a 
wastewater tank, surface impoundment, container, individual drain 
system, or oil-water separator, the owner or operator shall comply with 
the applicable provisions in Secs. 63.133 through 63.137 of this 
subpart.
    (2) If the treatment process or waste management unit is a properly 
operated biological treatment unit which meets the HAP mass removal 
requirements of either paragraph (b)(1)(iii)(C) or (e) of this section 
for new sources, or either paragraph (c)(1)(iii)(D) or (e) of

[[Page 507]]

this section for new and existing sources, as applicable, the biological 
treatment unit need not be covered and vented to a control device as 
required by the applicable provisions in Secs. 63.133 through 63.137 of 
this subpart; or
    (3) If Secs. 63.133 through 63.137 of this subpart are not 
applicable to the treatment process or waste management unit, the owner 
or operator shall comply with the requirements in paragraphs (i)(3)(i) 
through (i)(3)(iv) of this section.
    (i) Each opening from the treatment process or waste management unit 
shall be covered and vented to a closed-vent system that routes the 
organic HAP vapors from the unit to a control device designed and 
operated in accordance with Sec. 63.139 of this subpart;
    (ii) The closed-vent system shall be inspected in accordance with 
Sec. 63.148 of this subpart.
    (iii) Except as provided in paragraph (i)(3)(iv) of this section, 
each cover shall be maintained without leaks as specified in Sec. 63.148 
of this subpart.
    (iv) For any cover and closed-vent system that is operated and 
maintained under negative pressure, the owner or operator is not 
required to comply with the requirements in Sec. 63.148 of this subpart.
    (j) Except as provided in paragraph (m) of this section, the owner 
or operator shall demonstrate by the procedures in either paragraph 
(j)(1) or (j)(2) of this section that each treatment process or waste 
management unit used to comply with paragraph (b)(1), (c)(1), or (d) of 
this section achieves the conditions specified in paragraph (b)(1), 
(c)(1), or (d) of this section, whichever is applicable. If a biological 
treatment unit is used to comply with the HON, the owner or operator 
shall comply with paragraph (j)(3) of this section.
    (1) A design evaluation and supporting documentation that addresses 
the operating characteristics of the treatment process or waste 
management unit and that is based on operation at a representative 
wastewater stream flow rate and a VOHAP concentration under which it 
would be most difficult to demonstrate compliance; or
    (2) Performance tests conducted using test methods and procedures 
that meet the requirements specified in Sec. 63.145 of this subpart.
    (3) The owner or operator shall use the procedures specified in 
appendix C of this part to demonstrate compliance.
    (k) If the treatment process or waste management unit has any 
openings (e.g., access doors, hatches, etc.), all such openings shall be 
sealed (e.g., gasketed, latched, etc.) and kept closed at all times that 
a Group 1 wastewater stream, or residual removed from a Group 1 
wastewater stream, is in the treatment process or waste management unit, 
except during inspection and maintenance, and except as provided in 
paragraph (i)(2) of this section for properly operated biological 
treatment units.
    (1) Each seal, access door, and all other openings shall be checked 
by visual inspections initially, and semi-annually thereafter, to ensure 
that no cracks or gaps occur and that openings are closed and gasketed 
properly.
    (2) When a gap, tear, or broken seal or gasket is identified by a 
visual inspection, first efforts at repair shall be no later than 5 
calendar days after the leak is detected, and repair shall be completed 
within 15 calendar days after identification.
    (l) The owner or operator of a treatment process or waste management 
unit that is used to comply with the provisions of this section shall 
monitor the unit in accordance with the applicable requirements in 
Sec. 63.143 of this subpart.
    (m) A wastewater stream or residual is in compliance with the 
requirements of paragraphs (b), (c), and (h) of this section, as 
applicable, and is exempt from the requirements of paragraph (j) of this 
section provided that the owner or operator complies with the 
requirements of paragraphs (f), (i), (k), and (l) of this section and 
documents that the wastewater stream or residual is in compliance with 
one of the regulatory requirements specified in paragraphs (m)(1) 
through (m)(3) of this section.
     (1) The wastewater stream or residual is discharged to a hazardous 
waste incinerator for which the owner or operator has been issued a 
final permit under 40 CFR part 270 and complies

[[Page 508]]

with the requirements of 40 CFR part 264, subpart O;
    (2) The wastewater stream or residual is discharged to an industrial 
furnace or boiler burning hazardous waste for which the owner or 
operator:
    (i) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H; or
    (ii) Has certified compliance with the interim status requirements 
of 40 CFR part 266, subpart H.
    (3) The wastewater stream or residual is discharged to an 
underground injection well for which the owner or operator has been 
issued a final permit under 40 CFR part 270 or 40 CFR part 144 and 
complies with the requirements of 40 CFR part 122.

    Note: The owner or operator shall comply with all applicable HON 
requirements prior to the point where the wastewater enters the 
underground portion of the injection well.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63627, Dec. 12, 1995]



Sec. 63.139  Process wastewater provisions--control devices.

    (a) For each control device used to comply with the provisions in 
Secs. 63.133 through 63.138 of this subpart, the owner or operator shall 
operate and maintain the control device in accordance with the 
requirements of paragraphs (b) through (f) of this section.
    (b) Whenever organic HAP emissions are vented to a control device 
which is used to comply with the provisions of this subpart, such 
control device shall be operating.
    (c) The control device shall be designed and operated in accordance 
with paragraph (c)(1), (c)(2), (c)(3), (c)(4), or (c)(5) of this 
section.
    (1) An enclosed combustion device (including but not limited to a 
vapor incinerator, boiler, or process heater) shall meet the conditions 
in paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section. If a 
boiler or process heater is used as the control device, then the vent 
stream shall be introduced into the flame zone of the boiler or process 
heater.
    (i) Reduce the total organic compound emissions, less methane and 
ethane, or total organic HAP emissions vented to the control device by 
95 percent by weight or greater;
    (ii) Achieve an outlet total organic compound concentration, less 
methane and ethane, or total organic HAP concentration of 20 parts per 
million by volume on a dry basis corrected to 3 percent oxygen. The 
owner or operator shall use either Method 18 of 40 CFR part 60, appendix 
A, or any other method or data that has been validated according to the 
applicable procedures in Method 301 of appendix A of this part; or
    (iii) Provide a minimum residence time of 0.5 seconds at a minimum 
temperature of 760  deg.C.
     (2) A vapor recovery system (including but not limited to a carbon 
adsorption system or condenser) shall reduce the total organic compound 
emissions, less methane and ethane, or total organic HAP emissions 
vented to the control device of 95 percent by weight or greater.
    (3) A flare shall comply with the requirements of 63.11(b) of 
subpart A of this part.
    (4) A scrubber shall reduce the total organic compound emissions, 
less methane and ethane, or total organic HAP emissions in such a manner 
that 95 weight percent is destroyed by chemical reaction with the 
scrubbing liquid.
    (5) Any other control device used shall reduce the total organic 
compound emissions, less methane and ethane, or total organic HAP 
emissions vented to the control device by 95 percent by weight or 
greater.
    (d) Except as provided in paragraph (d)(4) of this section, an owner 
or operator shall demonstrate that each control device achieves the 
appropriate conditions specified in paragraph (c) of this section by 
using one of the methods specified in paragraphs (d)(1), (d)(2), or 
(d)(3) of this section.
    (1) Performance tests conducted using the test methods and 
procedures specified in Sec. 63.145(e) of this subpart; or
    (2) A design evaluation that addresses the vent stream 
characteristics and control device operating parameters specified in 
paragraphs (d)(2)(i) through (d)(2)(vii) of this section.
    (i) For a thermal vapor incinerator, the design evaluation shall 
consider

[[Page 509]]

the vent stream composition, constituent concentrations, and flow rate 
and shall establish the design minimum and average temperature in the 
combustion zone and the combustion zone residence time.
    (ii) For a catalytic vapor incinerator, the design evaluation shall 
consider the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures across the catalyst bed inlet and outlet.
    (iii) For a boiler or process heater, the design evaluation shall 
consider the vent stream composition, constituent concentrations, and 
flow rate; shall establish the design minimum and average flame zone 
temperatures and combustion zone residence time; and shall describe the 
method and location where the vent stream is introduced into the flame 
zone.
    (iv) For a condenser, the design evaluation shall consider the vent 
stream composition, constituent concentrations, flow rate, relative 
humidity, and temperature and shall establish the design outlet organic 
compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet.
    (v) For a carbon adsorption system that regenerates the carbon bed 
directly on-site in the control device such as a fixed-bed adsorber, the 
design evaluation shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature and shall establish the design exhaust vent stream organic 
compound concentration level, adsorption cycle time, number and capacity 
of carbon beds, type and working capacity of activated carbon used for 
carbon beds, design total regeneration stream flow over the period of 
each complete carbon bed regeneration cycle, design carbon bed 
temperature after regeneration, design carbon bed regeneration time, and 
design service life of carbon.
    (vi) For a carbon adsorption system that does not regenerate the 
carbon bed directly on-site in the control device such as a carbon 
canister, the design evaluation shall consider the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature and shall establish the design exhaust vent stream 
organic compound concentration level, capacity of carbon bed, type and 
working capacity of activated carbon used for carbon bed, and design 
carbon replacement interval based on the total carbon working capacity 
of the control device and source operating schedule.
    (vii) For a scrubber, the design evaluation shall consider the vent 
stream composition; constituent concentrations; liquid-to-vapor ratio; 
scrubbing liquid flow rate and concentration; temperature; and the 
reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent stream organic 
compound concentration level and will include the additional information 
in paragraphs (d)(2)(vii)(A) and (d)(2)(vii)(B) of this section for 
trays and a packed column scrubber.
    (A) Type and total number of theoretical and actual trays;
    (B) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.
    (3) For flares, the compliance determination specified in 
Sec. 63.11(b) of subpart A of this part.
    (4) An owner or operator using any control device specified in 
paragraphs (d)(4)(i) through (d)(4)(iii) of this section is exempt from 
the requirements in paragraphs (d)(1) through (d)(3) of this section and 
from the requirements in Sec. 63.6(f) of subpart A of this part.
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater.
    (ii) A boiler or process heater into which the emission stream is 
introduced with the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator:
    (A) Has been issued a final permit under 40 CFR part 270 and 
complies with the requirements of 40 CFR part 266, subpart H, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266, subpart H.
    (e) The owner or operator of a control device that is used to comply 
with the

[[Page 510]]

provisions of this section shall monitor the control device in 
accordance with Sec. 63.143 of this subpart.
    (f) Except as provided in Sec. 63.140 of this subpart, if visible 
defects in ductwork, piping, and connections to covers and control 
devices are observed during an inspection, a first effort to repair the 
control device shall be made as soon as practicable but no later than 5 
calendar days after identification. Repair shall be completed no later 
than 15 calendar days after identification or the visible defect is 
observed.



Sec. 63.140  Process wastewater provisions--delay of repair.

    Delay of repair of equipment for which an improper work practice or 
a control equipment failure has been identified, is allowed if the 
repair is technically infeasible without a shutdown, as defined in 
Sec. 63.101 of subpart F of this part, or if the owner or operator 
determines that emissions of purged material from immediate repair would 
be greater than the fugitive emissions likely to result from delay of 
repair. Repair of this equipment shall occur by the end of the next 
shutdown.



Sec. 63.141-63.142  [Reserved]



Sec. 63.143  Process wastewater provisions--inspections and monitoring of operations.

    (a) For each wastewater tank, surface impoundment, container, 
individual drain system, and oil-water separator that receives, manages, 
or treats a Group 1 wastewater stream, a residual removed from a Group 1 
wastewater stream, a recycled Group 1 wastewater stream, or a recycled 
residual removed from a Group 1 wastewater stream, the owner or operator 
shall comply with the inspection requirements specified in table 11 of 
this subpart.
     (b) For each design steam stripper and biological treatment unit 
used to comply with Sec. 63.138 of this subpart, the owner or operator 
shall comply with the monitoring requirements specified in table 12 of 
this subpart.
    (c) If the owner or operator elects to comply with Items 1 or 2 in 
table 12 of this subpart, the owner or operator shall request approval 
to monitor appropriate parameters that demonstrate proper operation of 
the biological treatment unit. The request shall be submitted according 
to the procedures specified in Sec. 63.146(a)(3) of this subpart.
    (d) If the owner or operator elects to comply with Item 4 in table 
12 of this subpart, the owner or operator shall request approval to 
monitor appropriate parameters that demonstrate proper operation of the 
selected treatment process. The request shall be submitted according to 
the procedures specified in Sec. 63.146(a)(3) of this subpart, and shall 
include a description of planned reporting and recordkeeping procedures. 
The Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Implementation Plan or permit 
application.
    (e) Except as provided in paragraphs (e)(4) and (e)(5) of this 
section, for each control device used to comply with the requirements of 
Secs. 63.133 through 63.139 of this subpart, the owner or operator shall 
comply with the requirements in Sec. 63.139(d) of this subpart, and with 
the requirements specified in paragraph (e)(1), (e)(2), or (e)(3) of 
this section.
    (1) The owner or operator shall comply with the monitoring 
requirements specified in table 13 of this subpart; or
    (2) The owner or operator shall use an organic monitoring device 
installed at the outlet of the control device and equipped with a 
continuous recorder. Continuous recorder is defined in Sec. 63.111 of 
this subpart; or
    (3) The owner or operator shall request approval to monitor 
parameters other than those specified in paragraphs (e)(1) and (e)(2) of 
this section. The request shall be submitted according to the procedures 
specified in Sec. 63.146(a)(3) of this subpart, and shall include a 
description of planned reporting and recordkeeping procedures. The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the Implementation Plan or permit 
application.
    (4) For a boiler or process heater in which all vent streams are 
introduced with primary fuel, the owner or operator shall comply with 
the requirements in Sec. 63.139(d) of this subpart but the owner or 
operator is exempt from the monitoring requirements specified in

[[Page 511]]

paragraphs (e)(1) through (e)(3) of this section.
    (5) For a boiler or process heater with a design heat input capacity 
of 44 megawatts or greater, the owner or operator shall comply with the 
requirements in Sec. 63.139(d) of this subpart but the owner or operator 
is exempt from the monitoring requirements specified in paragraphs 
(e)(1) through (e)(3) of this section.
    (f) For each parameter monitored in accordance with paragraph (c), 
(d), or (e) of this section, the owner or operator shall establish a 
range that indicates proper operation of the treatment process or 
control device. In order to establish the range, the owner or operator 
shall comply with the requirements specified in Sec. 63.146 
(b)(7)(ii)(A) and (b)(8)(ii) of this subpart.
    (g) Monitoring equipment shall be installed, calibrated, and 
maintained according to the manufacturer's specifications.



Sec. 63.144  Process wastewater provisions--test methods and procedures for determining applicability and Group 1/Group 2 determinations.

    (a) An owner or operator of a wastewater stream shall comply with 
paragraph (a)(1), (a)(2), or (a)(3) of this section. These may be used 
in combination.
    (1) An owner or operator shall determine whether a wastewater stream 
is a Group 1 or Group 2 wastewater stream in accordance with paragraphs 
(b) and (c) of this section.
    (2) An owner or operator shall comply with the requirements for 
designating a wastewater stream to be a Group 1 wastewater stream in 
accordance with paragraph (d) of this section.
    (3) An owner or operator shall demonstrate compliance with the 
source-wide 1 megagram per year option in accordance with either 
paragraph (e) or (f) of this section.
    (b) An owner or operator of a new or existing source who elects to 
comply with the requirements of paragraph (a)(1) of this section shall 
determine the total VOHAP average concentration for HAP's listed on 
table 9 of this subpart; and, for new sources, the owner or operator 
shall determine the average VOHAP concentration of each individually 
speciated organic HAP listed on table 8 of this subpart either at the 
point of generation of each wastewater stream as specified in paragraph 
(b)(1) of this section or downstream of the point(s) of generation for a 
single wastewater stream or a mixture of wastewater streams as specified 
in paragraph (b)(2) of this section.
    (1) An owner or operator who elects to determine the total VOHAP 
average concentration for HAP's listed on table 9 of this subpart or the 
average VOHAP concentration of each individually speciated organic HAP 
listed on table 8 of this subpart at the point of generation shall 
comply with paragraph (b)(3), (b)(4), or (b)(5) of this section.
    (2) An owner or operator who elects to determine the total VOHAP 
average concentration for HAP's listed on table 9 of this subpart or the 
average VOHAP concentration of each individually speciated organic HAP 
listed on table 8 of this subpart downstream of the point of generation 
shall comply with paragraph (b)(3), (b)(4), or (b)(5) of this section 
and with paragraph (b)(6) of this section. An owner or operator shall 
make corrections to account for changes in VOHAP concentration that 
result from air emissions; mixing with other water or wastewater 
streams; and treatment or otherwise handling the wastewater stream to 
remove or destroy HAP's.
    (3) Knowledge of the wastewater. The owner or operator shall provide 
sufficient information to document the total VOHAP average concentration 
for HAP's listed on table 9 of this subpart or average VOHAP 
concentration of each individually speciated organic HAP listed on table 
8 of this subpart for each wastewater stream. Examples of information 
that could constitute knowledge include material balances, records of 
chemical purchases, process stoichiometry, or previous test results 
provided the results are still representative of current operating 
practices at the process unit(s). If test data are used, then the owner 
or operator shall provide documentation describing the testing protocol 
and the means by which sampling variability and analytical variability 
were accounted for in the determination of the total VOHAP

[[Page 512]]

average concentration of HAP's listed on table 9 of this subpart or 
average VOHAP concentration of each individually speciated organic HAP 
listed on table 8 of this subpart for the wastewater stream. The owner 
or operator shall document how process knowledge is used to determine 
the total VOHAP average concentration of HAP's listed on table 9 of this 
subpart or the average VOHAP concentration of each individually 
speciated HAP listed on table 8 of this subpart, if it is determined 
that the wastewater stream is not a Group 1 wastewater stream due to 
VOHAP concentration. If the water concentration of an individual HAP 
present in the wastewater is used to develop a total VOHAP average 
concentration or average VOHAP concentration for that individually 
speciated HAP, it shall be multiplied by the HAP-specific fm factor 
in table 34 of this subpart to obtain the volatile portion of that HAP.
    (4) Bench-scale or pilot-scale test data. The owner or operator 
shall provide sufficient information to demonstrate that the bench-scale 
or pilot-scale test concentration data are representative of the actual 
total VOHAP average concentration of HAP's listed on table 9 of this 
subpart or average VOHAP concentration of each individually speciated 
organic HAP listed on table 8 of this subpart. The owner or operator 
shall also provide documentation describing the testing protocol, and 
the means by which sampling variability and analytical variability were 
accounted for in the determination of total VOHAP average concentration 
or average VOHAP concentration of each individually speciated organic 
HAP for the wastewater stream.
    (5) Measurements made at the point of generation or at a location 
downstream of the point of generation. Each wastewater stream shall be 
analyzed using one of the following test methods for determining the 
total VOHAP average concentration or average VOHAP concentration of each 
individually speciated organic HAP.
    (i) Use procedures specified in Method 305 of 40 CFR part 63, 
appendix A.
    (A) The following equation shall be used to calculate the VOHAP 
concentration of an individually speciated organic HAP listed on table 8 
of this subpart:
[GRAPHIC] [TIFF OMITTED] TR22AP94.219

where:

Ci=VOHAP concentration of the individually-speciated organic HAP in 
the wastewater, parts per million by weight.
CC=Concentration of the organic HAP (i) in the gas stream, as 
measured by Method 305 of appendix A of this part, parts per million by 
volume on a dry basis.
MS=Mass of sample, from Method 305 of appendix A of this part, 
milligrams.
MW=Molecular weight of the organic HAP (i), grams per gram-mole.
24.055=Ideal gas molar volume at 293  deg.Kelvin and 760 
millimeters of mercury, liters per gram-mole.
Pi=Barometric pressure at the time of sample analysis, millimeters 
mercury absolute.
760=Reference or standard pressure, millimeters mercury absolute.
293=Reference or standard temperature,  deg.Kelvin.
Ti=Sample gas temperature at the time of sample analysis, 
 deg.Kelvin.
t=Actual purge time, from Method 305 of appendix A of this part, 
minutes.
L=Actual purge rate, from Method 305 of appendix A of this part, liters 
per minute.
103=Conversion factor, milligrams per gram.

    (B) Total VOHAP concentration (stream) can be determined by summing 
the VOHAP concentrations of all

[[Page 513]]

individually speciated organic HAP in the wastewater.
[GRAPHIC] [TIFF OMITTED] TR12DE95.002

Where:
Cstream = Total VOHAP concentration of wastewater stream.
n = Number of organic HAP in the wastewater stream.
Ci = VOHAP concentration of individual organic HAP (i) calculated 
according to the procedures in paragraph (b)(5)(i)(A) of this section.

    (C) The calculations in paragraph (b)(5)(i)(A), and where 
applicable, (b)(5)(i)(B) of this section shall be performed for a 
minimum of three samples from each wastewater stream which are 
representative of normal flow and concentration conditions. Wastewater 
samples shall be collected using the sampling procedures specified in 
Method 25D of 40 CFR part 60, appendix A. Where feasible, samples shall 
be taken from an enclosed pipe prior to the wastewater being exposed to 
the atmosphere. When sampling from an enclosed pipe is not feasible, a 
minimum of three representative samples shall be collected in a manner 
to minimize exposure of the sample to the atmosphere and loss of organic 
HAP's prior to sampling.
    (D) If the wastewater stream has a steady flow rate throughout the 
year, the total VOHAP average concentration for HAP listed on table 9 of 
this subpart of the wastewater stream shall be calculated by averaging 
the values calculated in paragraph (b)(5)(i)(B) for the individual 
samples:
[GRAPHIC] [TIFF OMITTED] TR12DE95.003

Where:
Cstream,avg = Total VOHAP average concentration for HAP listed on 
table 9 of this subpart of the wastewater stream.
m = Number of samples.
Cstream,j = Total VOHAP concentration of wastewater stream as 
measured in sample j, calculated according to the procedures in 
paragraph (b)(5)(i)(B) of this section.

    (E) The average VOHAP concentration for each individually speciated 
organic HAP (i) listed on table 8 of this subpart shall be calculated by 
averaging the values calculated in paragraph (b)(5)(i)(A) of this 
section for the individual samples:
[GRAPHIC] [TIFF OMITTED] TR12DE95.004

Where:
Ci,avg = Average VOHAP concentration for each individually 
speciated organic HAP i listed on table 8 of this subpart.
m = Number of samples.
Ci,j = VOHAP concentration of an individual organic HAP i as 
measured in sample j.

    (ii) Use Method 25D of part 60, appendix A to measure total VO 
average concentration as a surrogate for total VOHAP average 
concentration;
    (iii) Use a test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated according to section 5.1 or 5.3 of Method 301 of appendix A of 
this part. The specific requirement of Method 305 of appendix A of this 
part to collect the sample into polyethylene glycol would not be 
applicable. The concentrations of the individual organic HAP's measured 
in the water may be corrected to their concentrations had they been 
measured by Method 305 of appendix A of this part, by multiplying each 
concentration by the compound-specific fraction measured factor listed 
in table 34 of this subpart.
    (iv) If the chemical manufacturing process unit equipment has 
variable flow rates (e.g., flexible operation units), the owner or 
operator shall make corrections to account for such changes.
    (6) When the total VOHAP average concentration or the average VOHAP 
concentration of each individual organic HAP is determined downstream of 
the point of generation at a location where two or more wastewater 
streams have been mixed, or one or more

[[Page 514]]

wastewater streams have been treated or organic HAP losses to the 
atmosphere have occurred, the owner or operator shall make corrections 
for such changes in VOHAP concentration when calculating to represent 
the VOHAP concentration at the point of generation. Total VOHAP average 
concentration or average VOHAP concentration of each individual organic 
HAP shall be determined for each individual wastewater stream according 
to the procedure specified in paragraph (b)(3), (b)(4), or (b)(5) of 
this section.
    (c) An owner or operator who elects to comply with paragraph (a)(1) 
of this section shall determine the annual average wastewater flow rate 
either at the point of generation for each wastewater stream, as 
specified in paragraph (c)(1) of this section, or downstream of the 
point(s) of generation for a single wastewater stream or a mixture of 
wastewater streams as specified in paragraph (c)(2) of this section.
    (1) An owner or operator who elects to determine the annual average 
wastewater flow rate at the point of generation shall comply with 
paragraph (c)(3), (c)(4), or (c)(5) of this section.
    (2) An owner or operator who elects to determine the annual average 
wastewater flow rate downstream of the point of generation shall comply 
with paragraph (c)(3), (c)(4), or (c)(5) of this section and with 
paragraph (c)(6) of this section.
    (3) Use the maximum annual average production capacity of the 
process unit, knowledge of the process, and mass balance information to 
either: Estimate directly the annual average wastewater flow rate; or 
estimate the total annual wastewater volume and then divide total volume 
by 525,600 minutes in a year. If knowledge of the process is used to 
determine the annual average flow rate for a wastewater stream and it is 
determined that the wastewater stream is not Group 1, the owner or 
operator shall document how process knowledge is used to determine 
annual average flow rate.
    (4) Select the highest annual average flow rate of wastewater from 
historical records representing the most recent 5 years of operation or, 
if the process unit has been in service for less than 5 years but at 
least 1 year, from historical records representing the total operating 
life of the process unit.
    (5) Measure the flow rate of the wastewater for the point of 
generation during conditions that are representative of average 
wastewater generation rates.
    (6) When the average wastewater flow rate is determined downstream 
of the point of generation at a location where two or more wastewater 
streams have been mixed, or one or more wastewater streams have been 
treated or organic HAP losses to the atmosphere have occurred, the owner 
or operator shall make corrections for such changes in average 
wastewater flow rate when calculating to represent the average 
wastewater flow rate at the point of generation. The annual average flow 
rate shall be determined for each individual wastewater stream according 
to the procedures specified in paragraph (c)(1), (c)(2), or (c)(3) of 
this section.
    (d) An owner or operator who elects to comply with paragraph (a)(2) 
of this section shall designate as a Group 1 wastewater stream a single 
wastewater stream or a mixture of wastewater streams and shall comply 
with the requirements in paragraphs (d)(1) through (d)(3) of this 
section.
    (1) From the point of generation for each wastewater stream that is 
included in the Group 1 designation to the location where the owner or 
operator elects to designate such wastewater stream(s) as Group 1 
wastewater, the owner or operator must comply with all applicable 
emission suppression requirements specified in Secs. 63.133 through 
63.137.
    (2) From the location where the owner or operator designates a 
wastewater stream or mixture of wastewater streams to be Group 1 
wastewater, such Group 1 wastewater streams shall be managed in 
accordance with all applicable emission suppression requirements 
specified in Secs. 63.133 through 63.137 and with the treatment 
requirements in Sec. 63.138 of this part.
    (3) An owner or operator who complies with paragraph (d) of this 
section is not required to determine the VOHAP concentration or flow 
rate for

[[Page 515]]

each wastewater stream at its point of generation. However, an owner or 
operator who elects to designate as a Group 1 wastewater stream a single 
wastewater stream or a mixture of wastewater streams shall determine the 
following characteristics for the location where Group 1 designation is 
made

Note: Characteristics must be known to ensure compliance with treatment 
requirements]:
    (i) The total VOHAP average concentration for HAP's listed on table 
9 of this subpart or the VOHAP average concentration for each 
individually speciated organic HAP listed on table 8 of this subpart 
using the methods specified in paragraph (b)(3), (b)(4), or (b)(5)(i) 
through (b)(5)(iv) of this section, and
    (ii) The average wastewater flow rate using methods specified in 
paragraph (c)(1) or (c)(2), or by measuring the flow rate of the 
wastewater during conditions that are representative of average 
wastewater generation rates.
    (e) To demonstrate that the total source VOHAP mass flow rate from 
untreated Group 1 wastewater streams in new and existing SOCMI units is 
less than 1 megagram per year as specified in Sec. 63.138(c)(5) of this 
subpart, an owner or operator who elects to comply with paragraph (a)(3) 
of this section shall determine for the source the total VOHAP mass flow 
rate from all Group 1 wastewater streams identified in Sec. 63.132(g)(1) 
of this subpart at their points of generation by the following 
procedure:
    (1) Determine the total VOHAP average concentration for each 
wastewater stream using the procedures specified in paragraph (b) of 
this section.
    (2) Calculate the annual total VOHAP mass flow rate in each 
wastewater stream by multiplying the annual average flow rate of the 
wastewater stream, as determined by procedures specified in paragraph 
(c) of this section, times the total VOHAP average concentration, as 
determined by procedures specified in paragraph (b) of this section.
    (3) Calculate the total source VOHAP mass flow rate from all Group 1 
wastewater streams by adding together the annual total VOHAP mass flow 
rate from each Group 1 wastewater stream.
    (f) An owner or operator who elects to comply with paragraph (a)(3) 
of this section and to reduce the total source VOHAP mass flow rate to 
less than 1 megagram per year in accordance with Sec. 63.138(c)(6) of 
this subpart shall determine the total source VOHAP mass flow rate from 
Group 1 wastewater streams identified in Sec. 63.132(g)(1) of this 
subpart by the following procedures:
    (1) The annual total VOHAP mass flow rate of each Group 1 wastewater 
stream treated to the level of the provisions of Sec. 63.138(c) of this 
subpart shall not be included in the total source VOHAP mass flow rate 
calculation.
    (2) For each untreated Group 1 wastewater stream, annual total VOHAP 
mass flow rate shall be determined by the procedures in paragraph (e) of 
this section.
    (3) For each Group 1 wastewater stream treated to levels less than 
required by the provisions of Sec. 63.138(c) of this subpart, the annual 
total VOHAP mass flow rate shall be determined as follows:
    (i) Measurement or sampling shall occur at the point of discharge of 
the treatment process or series of treatment processes. The point of 
discharge is defined as the point where the treated wastewater exits the 
treatment process but before it is mixed with other wastewater streams, 
and prior to exposure to the atmosphere.
    (ii) Determine the total VOHAP average concentration for each 
wastewater stream at the point of discharge using the procedures 
specified in paragraph (b) of this section.
    (iii) Calculate the annual total VOHAP mass flow rate of each 
wastewater stream by multiplying the annual average flow rate of the 
wastewater stream times the total VOHAP average concentration.
    (4) The total source VOHAP mass flow rate shall be calculated by 
summing the annual total VOHAP mass flow rate from all wastewater 
streams as determined in paragraphs (f)(2) and (f)(3) of this section.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63627, Dec. 12, 1995]

[[Page 516]]



Sec. 63.145  Process wastewater provisions--test methods and procedures to determine compliance.

    (a) This paragraph applies to the use of all performance tests to 
demonstrate compliance of a treatment process or waste management unit.
    (1) The test shall be conducted when the treatment process or waste 
management unit is operating at a representative inlet wastewater stream 
flow rate and VOHAP concentration under which it would be most difficult 
to demonstrate compliance.
    (2) Operations during periods of start-up, shutdown, or malfunction 
shall not constitute representative conditions for the purpose of a 
test.
    (3) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (4) The owner or operator shall record all process information as is 
necessary to document operating conditions during the test.
    (b) This paragraph applies to the use of performance tests to 
demonstrate compliance of a treatment process with the parts per million 
by weight wastewater stream concentration limits at the outlet of the 
treatment process.
    (1) The total VOHAP average concentration shall be measured for 
compliance with the concentration alternatives specified in 
Sec. 63.138(c)(1)(ii)(C), (d)(1), and (d)(2)(i) of this subpart; or the 
average concentration of each HAP shall be measured for compliance with 
the concentration alternatives specified in Sec. 63.138(b)(1)(ii)(A) of 
this subpart.
    (2) A minimum of three representative samples of the wastewater 
stream exiting the treatment process shall be collected and analyzed 
using the procedures in Sec. 63.144(b)(5) of this subpart.
    (c) This paragraph applies to the use of performance tests to 
demonstrate compliance of a noncombustion treatment process with the 
percent reduction limits. Refer to paragraph (c)(1) of this section to 
demonstrate compliance with the percent reduction limits for total HAP 
mass flow rate. Refer to paragraph (c)(2) of this section to demonstrate 
compliance with the percent reduction limits for each individually 
speciated HAP.
    (1) The percent reduction of total HAP mass flow rate shall be 
measured for compliance with Sec. 63.138(b)(1)(ii)(C), (b)(1)(iii)(A), 
(c)(1)(ii)(B), or (c)(1)(iii)(B) of this subpart by the procedures in 
paragraphs (c)(1)(i) through (c)(1)(iii) of this section.
    (i) The same test method shall be used to analyze the wastewater 
samples from both the inlet and outlet of the treatment process.
    (ii) The total HAP mass flow rate entering the treatment process 
(Eb) and exiting the treatment process (Ea) shall be 
determined by computing the product of the average flow rate of the 
wastewater stream entering or exiting the treatment process, and the 
total average HAP concentration of the entering or exiting wastewater 
streams, respectively.
    (A) The flow rate of the entering and exiting wastewater streams 
shall be determined using the inlet and outlet flow meters, 
respectively. Where the outlet flow is not greater than the inlet flow, 
a flow meter shall be used at either the inlet or outlet.
    (B) The total HAP average concentrations of the entering and exiting 
wastewater streams shall be determined according to the procedures 
specified in either paragraph (c)(1)(ii)(B)(1) or (c)(1)(ii)(B)(2) of 
this section.
    (1) Calculated according to the procedures specified in paragraphs 
(j) and (k) of this section; or
    (2) By direct measurement using the method specified in 
Sec. 63.144(b)(5)(iii) of this subpart and no correction to the 
concentrations is required.
    (C) Three grab samples of the entering wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-hour 
period constitutes a run, and the performance test shall consist of a 
minimum of 3 runs.
    (D) Three grab samples of the exiting wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-hour 
period constitutes a run, and the performance test shall consist of a 
minimum of 3 runs conducted over the same 3-hour period at which the 
total HAP mass flow rate entering the treatment process is determined.

[[Page 517]]

    (E) The total HAP mass flow rates entering and exiting the treatment 
process are calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.223

[GRAPHIC] [TIFF OMITTED] TR22AP94.224

where:

Eb=Total HAP mass flow rate entering the treatment process, 
kilograms per hour.
Ea=Total HAP mass flow rate exiting the treatment process, 
kilograms per hour.
K=Density of the wastewater stream, kilograms per cubic meter.
Vbp=Average volumetric flow rate of wastewater entering the 
treatment process during each run p, cubic meters per hour.
Vap=Average volumetric flow rate of wastewater exiting the 
treatment process during each run p, cubic meters per hour.
Cbp,avg=Total HAP average concentration in the wastewater stream 
entering the treatment process during each run p, parts per million by 
weight. This shall be determined using the procedure in paragraph (k) of 
this section.
Cap,avg=Total HAP average concentration in the wastewater stream 
exiting the treatment process during each run p, parts per million by 
weight. This shall be determined using the procedure in paragraph (k) of 
this section.
p=Run
n=Number of runs.
    (iii) The percent reduction across the treatment process shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.225

where:

R=HAP control efficiency of the treatment process, percent.
Eb=Total HAP mass flow rate entering the treatment process, 
kilograms per hour.
Ea=Total HAP mass flow rate exiting the treatment process, 
kilograms per hour.

    (2) The percent reduction of the mass flow rate of each individually 
speciated HAP shall be measured for compliance with 
Sec. 63.138(c)(1)(ii)(D) or (c)(1)(iii)(C) of this subpart by the 
procedures in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.
    (i) The same test method shall be used to analyze the wastewater 
samples from both the inlet and outlet of the treatment process.
    (ii) The HAP mass flow rate of each individually speciated HAP 
compound entering the treatment process (Eb) and exiting the 
treatment process (Ea) shall be determined by computing the product 
of the flow rate of the wastewater stream entering or exiting the 
treatment process, and the average HAP concentration of each individual 
HAP compound of the entering or exiting wastewater streams, 
respectively.
    (A) The flow rate of the entering and exiting wastewater streams 
shall be determined using the inlet and outlet flow meters, 
respectively.
    (B) The average HAP concentration of each individual HAP of the 
entering and exiting wastewater streams shall be determined according to 
the procedures specified in either paragraph (c)(2)(ii)(B)(1) or 
(c)(2)(ii)(B)(2) of this section.
    (1) Calculated according to the procedures specified in paragraph 
(j) of this section; or
    (2) By direct measurement using the method specified in 
Sec. 63.144(b)(5)(iii) and no correction to the concentrations is 
required.
    (C) Three grab samples of the entering wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-hour 
period constitutes a run, and the performance test shall consist of a 
minimum of 3 runs.
    (D) Three grab samples of the exiting wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-hour 
period constitutes a run, and the performance test shall consist of a 
minimum of 3

[[Page 518]]

runs conducted over the same 3-hour period at which the total HAP mass 
flow rate entering the treatment process is determined.
    (E) The HAP mass flow rates of each individual HAP compound entering 
and exiting the treatment process are calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR12DE95.005

Where:

Eb = HAP mass flow rate of an individually speciated HAP compound 
entering the treatment process, kilograms per hour.
Ea = HAP mass flow rate of an individually speciated HAP compound 
exiting the treatment process, kilograms per hour.
K = Density of the wastewater stream, kilograms per cubic meter.
n = Number of runs.
Vbp = Average volumetric flow rate of wastewater entering the 
treatment process during each run p, cubic meters per hour.
Vap = Average volumetric flow rate of wastewater exiting the 
treatment process during each run p, cubic meters per hour.
Cbp = Average HAP concentration of an individually speciated HAP in 
the wastewater stream entering the treatment process during each run p, 
parts per million by weight.
Cap = Average HAP concentration of an individually speciated HAP in 
the wastewater stream exiting the treatment process during each run p, 
parts per million by weight.

    (iii) The percent reduction across the treatment process for each 
individually speciated HAP compound shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.228

where:

R=Control efficiency for an individually speciated HAP compound of the 
treatment process, percent.
Eb=HAP mass flow rate of an individually speciated HAP compound 
entering the treatment process, kilograms per hour.
Ea=HAP mass flow rate of an individually speciated HAP compound 
exiting the treatment process, kilograms per hour.

    (d) This paragraph applies to the use of a performance test to 
demonstrate compliance of a combustion treatment process with the 
percent reduction limits for total HAP mass flow rate.
    (1) The percent reduction of total HAP mass flow rate shall be 
measured for compliance with Sec. 63.138(b)(1)(ii)(C), (b)(1)(iii)(A), 
(c)(1)(ii)(B) or (c)(1)(iii)(B) of this subpart by the procedures in 
paragraphs (d)(1)(i) through (d)(1)(vi) of this section.
    (i) The total HAP mass flow rate entering the combustion unit 
(Eb) shall be determined by computing the product of the average 
flow rate of the wastewater stream entering the combustion unit, as 
determined by the inlet flow meter, and the total HAP average 
concentration in the waste stream entering the combustion device, as 
determined according to the procedures specified in paragraph 
(c)(1)(ii)(B) of this section.
    (ii) Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of 3 runs conducted over at least a 3-hour 
period.
    (iii) If grab sampling techniques are used, then these grab samples 
shall be taken at a minimum of three equally spaced time intervals 
during the run.
    (iv) The total HAP mass flow rate entering the combustion unit 
(Eb) is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.229

where:

Eb=Total HAP mass flow rate entering the combustion unit, kilograms 
per hour.
K=Density of the wastewater stream, kilograms per cubic meter.
Vp=Average volumetric flow rate of waste entering the combustion 
unit

[[Page 519]]

during each run p, cubic meters per hour.
Cp=Total HAP average concentration in the wastewater stream 
entering the combustion unit during each run p, parts per million by 
weight. This shall be determined using the procedure in paragraph (k) of 
this section.
p=Runs.
n=Number of runs.

    (v) The total HAP mass flow rate exiting the combustion unit exhaust 
stack (Ea) shall be determined as follows:
    (A) The time period for the test shall not be less than 3 hours 
during which at least three 1-hour runs are conducted and be the same 
time period at which the total HAP mass flow rate entering the treatment 
process is determined. Each run shall represent a time-integrated 
composite sample corresponding to the periods when the waste feed is 
sampled.
    (B) A run shall consist of a 1-hour period during the test. For each 
run:
    (1) The volume exhausted shall be determined using Method 2, 2A, 2C, 
or 2D of 40 CFR part 60, appendix A, as appropriate.
    (2) The total HAP average concentration in the exhaust downstream of 
the combustion unit shall be determined using Method 18 of 40 CFR part 
60, appendix A. Alternatively, any other test method validated according 
to the procedures in Method 301 of appendix A of this part.
    (C) The total HAP mass emitted during each run shall be calculated 
as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.230

where:

Mp=Total HAP mass emitted during run p, kilograms.
V=Volume of air-vapor mixture exhausted at standard conditions, cubic 
meters.
Cj=HAP concentration of compound j measured in the exhaust, parts 
per million by volume.
MWj=Molecular weight of compound j in exhaust stream, kilograms per 
kilogram-mole.
p=Run.
m=Number of organic HAP's in total.
0.0416=Conversion factor for molar volume, kilogram-mole per cubic meter 
at 293  deg.Kelvin and 760 millimeters mercury absolute.

    (D) The total HAP mass emission rate in the exhaust shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.231

where:

Ea=Total HAP mass flow rate emitted, kilograms per hour.
Mp=Total mass of total or strippability group VOHAP emitted during 
run p, kilograms.
T=Total time of all runs, hours.
n=Number of runs.

    (vi) The total HAP destruction efficiency for the combustion unit 
shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.232

where:

R=HAP destruction efficiency for the combustion unit, percent.
Eb=Total HAP mass flow rate entering the combustion unit, kilograms 
per hour.
Ea=Total HAP mass flow rate exiting the combustion unit, kilograms 
per hour.

    (2) The percent reduction of the mass flow rate of each individual 
HAP shall be measured for compliance with Sec. 63.138(c)(1)(ii)(D) or 
(c)(1)(iii)(C) of this subpart by the procedures in paragraphs (d)(2)(i) 
through (d)(2)(vi) of this section.
    (i) The mass flow rate of each individual HAP entering the 
combustion unit (Eb) shall be determined by computing the product 
of the average flow rate of the wastewater stream entering the 
combustion unit, as determined by the inlet flow meter, and the average 
HAP concentration of each individual HAP in the waste stream entering 
the combustion device as determined according to the procedures 
specified in paragraph (c)(2)(ii)(B) of this section.

[[Page 520]]

    (ii) Each 1-hour period constitutes a run, and the performance test 
shall consist of a minimum of 3 runs conducted over at least a 3-hour 
period.
    (iii) If grab sampling techniques are used, then these grab samples 
shall be taken at a minimum of three equally spaced time intervals 
during the run.
    (iv) The total HAP mass flow rate of each individual HAP entering 
the combustion unit is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.233

where:

Eb=HAP mass flow rate of an individually speciated HAP compound 
entering the combustion unit, kilograms per hour.
K=Density of the waste stream, kilograms per cubic meter.
Vp=Average volumetric flow rate of waste entering the combustion 
unit during each run p, cubic meters per hour.
Cp=Average HAP concentration of an individually speciated HAP 
compound in the waste stream entering the combustion unit during each 
run p, parts per million by weight.
p=Run.
n=Number of runs.

    (v) The mass flow rate of each individually speciated HAP exiting 
the combustion unit exhaust stack (Ea) shall be determined as 
follows:
    (A) The time period for the test shall not be less than 3 hours 
during which at least three 1-hour runs are conducted and be the same 
time period at which the mass flow rate of each individually speciated 
HAP entering the treatment process is determined. Each run shall 
represent a time-integrated composite sample corresponding to the 
periods when the waste feed is sampled.
    (B) A run shall consist of a 1-hour period during the test. For each 
run:
    (1) The volume exhausted shall be determined using Method 2, 2A, 2C, 
or 2D from appendix A of 40 CFR part 60, as appropriate.
    (2) The average concentration of each individually speciated HAP in 
the exhaust downstream of the combustion unit shall be determined using 
Method 18 of appendix A of 40 CFR part 60. Alternatively, any other test 
method validated according to the procedures in Method 301 of appendix A 
of this part.
    (C) The mass of each individually speciated HAP emitted during each 
run shall be calculated as follows: 
[GRAPHIC] [TIFF OMITTED] TR22AP94.234

where:

Mp=Mass of an individual HAP emitted during run p, kilograms.
V=Volume of air-vapor mixture exhausted at standard conditions, cubic 
meters.
Cj=VOHAP concentration of compound j measured in the exhaust, parts 
per million by volume.
MWj=Molecular weight of compound j in exhaust stream, kilograms per 
kilogram-mole.
0.0416=Conversion factor for molar volume, kilogram-mole per cubic meter 
at 293  deg.Kelvin and 760 millimeters mercury absolute.

    (D) The mass emission rate in the exhaust of each individual HAP 
shall be calculated as follows: 
[GRAPHIC] [TIFF OMITTED] TR22AP94.235

where:

Ea=Mass flow rate of each individual HAP, kilograms per hour.
Mp=Mass of each individual HAP emitted during run p, kilograms.
T=Total time of all runs, hours.
p=Run.
n=Number of runs.

    (vi) The destruction efficiency of each individual HAP for the 
combustion unit shall be calculated as follows: 
[GRAPHIC] [TIFF OMITTED] TR22AP94.236

where:

R=HAP destruction efficiency of an individual HAP for the combustion 
unit, percent.
Eb=Mass flow rate of an individual HAP entering the combustion 
unit, kilograms per hour.

[[Page 521]]

Ea=Mass flow rate of an individual HAP exiting the combustion unit, 
kilograms per hour.

    (e) A performance test to demonstrate compliance of a vent stream 
control device with the organic compound reduction efficiency 
requirement specified under Sec. 63.139(d)(1) of this subpart shall use 
the following procedures:
    (1) Sampling sites shall be selected using Method 1 or 1A of 40 CFR 
part 60, appendix A, as appropriate.
    (2) The mass flow rate of organic compounds entering and exiting the 
control device shall be determined as follows:
    (i) The time period for the test shall not be less than 3 hours 
during which at least three runs are conducted.
    (ii) A run shall consist of a 1-hour period during the test. For 
each run:
    (A) The volume exhausted shall be determined using Method 2, 2A, 2C, 
or 2D of 40 CFR part 60, appendix A, as appropriate;
    (B) The organic concentration in the vent stream entering and 
exiting the control device shall be determined using Method 18 of 40 CFR 
part 60, appendix A. Alternatively, any other test method validated 
according to the procedures in Method 301 of appendix A of this part may 
be used.
     (iii) The mass flow rate of organic compounds entering and exiting 
the control device during each run shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.237

[GRAPHIC] [TIFF OMITTED] TR22AP94.238

where:

Ea=Mass flow rate of organic compounds exiting the control device, 
kilograms per hour.
Eb=Mass flow rate of organic compounds entering the control device, 
kilograms per hour.
Vap=Average volumetric flow rate of vent stream exiting the control 
device during run p at standards conditions, cubic meters per hour.
Vbp=Average volumetric flow rate of vent stream entering the 
control device during run p at standards conditions, cubic meters per 
hour.
p=Run.
m=Number of runs.
Caip=Concentration of organic compound i measured in the vent 
stream exiting the control device during run p as determined by Method 
18 of 40 CFR part 60, appendix A, parts per million by volume on a dry 
basis.
Cbip=Concentration of organic compound i measured in the vent 
stream entering the control device during run p as determined by Method 
18 of 40 CFR part 60, appendix A, parts per million by volume on a dry 
basis.
MWi = Molecular weight of organic compound i in the vent stream, 
kilograms per kilogram-mole.
n = Number of organic compounds in the vent stream.
0.0416 = Conversion factor for molar volume, kilograms-mole per cubic 
meter at 293 deg. Kelvin and 760 millimeters mercury absolute.

(3) The organic reduction efficiency for the control device shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.239

where:

R = Total organic reduction efficiency for the control device, percent.
Eb = Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Ea = Mass flow rate of organic compounds exiting the control 
device, kilograms per hour.

    (f) A performance test to demonstrate compliance with the mass 
removal provision for new sources in Sec. 63.138(b)(1)(iii)(C) shall 
consist of a determination of mass removal required to be achieved, and 
a determination of mass removal actually achieved. Actual mass removal 
and compliance shall be determined by the procedure in paragraph (h) of 
this section. The required mass removal for each Group 1

[[Page 522]]

wastewater stream prior to combination of the streams for treatment 
shall be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TR12DE95.006

Where:

RMR = Required mass removal of organic HAP listed in table 8 of this 
subpart in a Group 1 wastewater stream, in kilograms per hour.
K = Density of the Group 1 wastewater stream, kilograms per liter.
V = Annual average wastewater flow rate of the Group 1 wastewater 
stream, liters per minute.
n = Number of organic HAP listed in table 8 of this subpart in stream.
Cj,avg = Average HAP concentration of each organic HAP j listed in 
table 8 of this subpart in the Group 1 wastewater stream at the point of 
generation, parts per million by weight.
0.99 = Required fraction removed of organic HAP listed in table 8 of 
this subpart.

    (1) The annual average wastewater flow rate for each Group 1 
wastewater stream to be combined for treatment (V), shall be determined 
using the procedures specified in Sec. 63.144(c) of this subpart.
    (2) The average HAP concentration of each HAP (Cj,avg) listed in 
table 8 of this subpart in each Group 1 wastewater stream to be combined 
for treatment shall be determined according to the procedures specified 
in either paragraph (f)(2)(i) or (f)(2)(ii) of this section.
    (i) Calculated according to the procedures specified in paragraph 
(j) of this section; or
    (ii) By direct measurement using the method specified in 
Sec. 63.144(b)(5)(iii) of this subpart and no correction to the 
concentrations is required.
    (3) The total required mass removal is calculated by adding the 
required mass removal for each individual Group 1 stream to be combined 
for treatment.
    (g) A performance test to demonstrate compliance with the mass 
removal provisions for new and existing sources in 
Sec. 63.138(c)(1)(iii)(D) shall consist of a determination of mass 
removal required to be achieved, and a determination of mass removal 
actually achieved. Actual mass removal and compliance shall be 
determined by the procedure in paragraph (h) of this section. The 
required mass removal for each Group 1 wastewater stream prior to 
combination of the streams for treatment shall be determined using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR12DE95.007

Where:

RMR = Required mass removal of table 9 of this subpart organic HAP in a 
Group 1 wastewater stream, prior to combination with other Group 1 
wastewater streams, kilograms per hour.
K = Density of the Group 1 wastewater stream, kilograms per liter.
V = Annual average wastewater flow rate of the Group 1 wastewater 
stream, liters per minute.
n = Number of table 9 of this subpart organic HAP compounds in stream.
Cj,avg = Average HAP concentration of each organic HAP j listed in 
table 9 of this subpart in the Group 1 wastewater stream at the point of 
generation, parts per million by weight.
Fr = Required fraction removed of each compound j (target removal 
efficiency from table 9 of this subpart).

    (1) The annual average wastewater flow rate for each Group 1 
wastewater stream to be combined for treatment (V), shall be determined 
using the procedures specified in Sec. 63.144(c) of this subpart.

    (2) The average HAP concentration of each table 9 organic HAP 
compound (Cj,avg) in each Group 1 wastewater stream to be combined for 
treatment shall be determined according to the procedures specified in 
either paragraph (g)(2)(i) or (g)(2)(ii) of this section.
    (i) Calculated according to the procedures specified in paragraph 
(j) of this section; or
    (ii) By direct measurement using the method specified in 
Sec. 63.144(b)(5)(iii) of

[[Page 523]]

this subpart and no correction to the concentrations is required.
    (3) The total required mass removal is calculated by adding together 
the required mass removal for each individual Group 1 wastewater stream 
to be combined for treatment.
    (h) For a performance test to demonstrate compliance of a treatment 
process with the mass removal standards, the actual total HAP mass 
removal of organic HAP's listed in table 9 of this subpart (for 
compliance with Sec. 63.138(c)(1)(iii)(D) of this subpart] or of organic 
HAP's listed in table 8 of this subpart [for compliance with 
Sec. 63.138(b)(1)(iii)(C) of this subpart) in the wastewater stream 
shall be determined by the following procedure:
    (1) The actual mass removal of a treatment process, or series of 
treatment processes other than a properly operated biological treatment 
unit shall be determined using the following equation:

            MR=(Eb-Ea)

where:

MR=Actual total HAP mass removal by the treatment process or series of 
treatment processes of organic HAP's listed in table 9 of this subpart 
or of organic HAP's listed in table 8 of this subpart, kilograms per 
hour.
Eb=Total HAP mass flow rate of organic HAP's listed in table 9 of 
this subpart or of organic HAP's listed in table 8 of this subpart 
entering the treatment process, kilograms per hour.
Ea=Total HAP mass flow rate of organic HAP's listed in table 9 of 
this subpart or of organic HAP's listed in table 8 of this subpart 
exiting the treatment process, kilograms per hour.

    (2) The actual mass removal (MR) of a treatment process which is a 
properly operated biological treatment unit is equal to the mass removed 
due to biological destruction. The mass removal should be determined 
using the following equation:

            MR=(Eb-Ea)*Fbio

where:

MR=Actual mass removal by the biological treatment process of total 
organic HAP's listed on table 8 or table 9 of this subpart, kilograms 
per hour.
Eb=Mass flow rate of total organic HAP's listed on table 8 or table 
9 of this subpart entering the biological treatment process, kilograms 
per hour.
Ea=Mass flow rate of total organic HAP's listed on table 8 or table 
9 of this subpart exiting the biological treatment process, kilograms 
per hour.
Fbio=The fraction of organic HAP's listed on table 8 of this 
subpart, or the total organic HAP's listed on table 9 of this subpart, 
biodegraded in a properly operated biological treatment unit. This 
fraction shall be determined using the procedures in appendix C of this 
part.

    (i) The total HAP mass flow rate of organic HAP's listed in table 9 
of this subpart or of organic HAP's listed in table 8 of this subpart 
entering the treatment process (Eb) shall be determined using the 
procedures specified in paragraph (d)(2)(iv) of this section for 
combustion and paragraph (c)(1)(ii)(E) of this section for 
noncombustion.
    (ii) The total HAP mass flow rate of organic HAP's listed in table 9 
of this subpart or of organic HAP's listed in table 8 of this subpart 
exiting the treatment process (Ea) shall be determined using the 
procedures specified in paragraph (d)(2)(v) of this section for 
combustion and paragraph (c)(1)(ii)(E) of this section for 
noncombustion.
    (3) Compliance with the mass removal provisions in 
Sec. 63.138(b)(1)(iii)(C) or Sec. 63.138(c)(1)(iii)(D) of this subpart 
is achieved when the actual mass removal of the treatment process (MR) 
is demonstrated to meet or exceed the total required mass removal (RMR), 
determined using the procedures specified in paragraph (f) or (g) of 
this section.
    (i) This paragraph applies to the use of a performance test to 
demonstrate compliance of a biological treatment process with the 95 
percent HAP mass reduction requirement of Sec. 63.138(e) of this subpart 
for organic HAP's listed on table 8 or table 9 of this subpart. The 
percent HAP mass reduction of a biological treatment unit is equal to 
the mass removed due to biological destruction. The percent VOHAP mass

[[Page 524]]

reduction should be determined using the following equation: 
[GRAPHIC] [TIFF OMITTED] TR22AP94.242

where:

R=Control efficiency of the biological treatment process, percent.
Eb=Mass flow rate of total organic HAP's entering the treatment 
process, kilograms per hour.
Ea=Mass flow rate of total organic HAP's exiting the treatment 
process, kilograms per hour.
Fbio=The fraction of HAP biodegraded in a properly operated 
biological treatment unit. This fraction shall be determined using the 
procedures in appendix C of this part.

    (1) The total HAP mass flow rate entering the biological treatment 
process (Eb) shall be determined using the procedures specified in 
paragraph (d)(2)(iv) of this section for combustion and paragraph 
(c)(1)(ii)(E) of this section for noncombustion.
    (2) The total HAP mass flow rate exiting the biological treatment 
process (Ea) shall be determined using the procedures specified in 
paragraph (d)(2)(v) of this section for combustion and paragraph 
(c)(1)(ii)(E) of this section for noncombustion.
    (3) For new sources that start up within nine months of 
promulgation, an owner or operator may determine K1, which is 
needed when determining Fbio, by using the average of results from 
several test methods.
    (j) The owner or operator shall convert the average VOHAP 
concentration of each individually speciated HAP, i, to the average HAP 
concentration of each individually speciated HAP using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.243

where:

C(b or a),i=Average HAP concentration of each individually 
speciated HAP, i, in the wastewater stream entering (b) or exiting (a) 
the treatment process, parts per million by weight.
Ci,avg=VOHAP concentration of the individually speciated organic 
HAP calculated according to the procedures specified in 
Sec. 63.144(b)(5)(i)(E).
Fmi=Fraction measured of each individually speciated organic HAP in 
wastewater as listed in table 34 of this subpart.

    (k) The owner or operator shall calculate the total VOHAP average 
concentration using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.244

where:

C(b or a),avg=Total VOHAP average concentration in the wastewater 
stream entering (b) or exiting (a) the treatment process, parts per 
million by weight.
C (b or a),i = Average HAP concentration of each individually 
speciated HAP, i, in the wastewater stream entering (b) or exiting (a) 
the treatment process, calculated according to the procedures specified 
in paragraph (j) of this section, parts per million by weight.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63627, Dec. 12, 1995]



Sec. 63.146  Process wastewater provisions--reporting.

    (a) The owner or operator shall submit the information specified in 
paragraphs (a)(1) through (a)(3) of this section as part of the 
Implementation Plan required by Sec. 63.151(c), (d), or (e) of this 
subpart.
    (1) For each new source, the owner or operator shall submit the 
information specified in table 14a of this subpart for

[[Page 525]]

organic HAP's listed on table 8 of this subpart.
    (2) For each new and existing source, the owner or operator shall 
submit the information specified in table 14b of this subpart for 
organic HAP's listed on table 9 of this subpart. For each new source, 
the owner or operator is not required to submit information on table 14b 
of this subpart for any organic HAP's that have been documented in table 
14a of this subpart. If applicable, the owner or operator must comply 
with paragraph (a)(2)(i) or (a)(2)(ii) of this section.
    (i) The owner or operator who elects to comply with 
Sec. 63.138(c)(5) of this subpart, must submit in table 14b of this 
subpart the annual total VOHAP mass flow rate of each Group 1 stream at 
the point of generation in megagrams per year.
    (ii) If the sum, for the source, of the total VOHAP mass flow rate 
of those Group 1 wastewater streams not treated to levels required in 
Sec. 63.138(c)(1) of this subpart has been reduced to less than 1 
megagram per year, the owner or operator shall enter the following on 
table 14b of this subpart:
    (A) The VOHAP mass flow rate at the point of generation for each 
untreated Group 1 wastewater stream;
    (B) The VOHAP mass flow rate at the outlet of the treatment process 
for each Group 1 wastewater stream treated less stringently than 
required in Sec. 63.138(c)(1) of this subpart;
    (C) Zero for each Group 2 wastewater stream and for each Group 1 
wastewater stream treated to the level required in Sec. 63.138(b)(1) of 
this subpart; and
    (D) The sum of the VOHAP mass flow rates in paragraphs 
(a)(2)(ii)(A), (a)(2)(ii)(B), and (a)(2)(ii)(C) of this section to 
demonstrate that annual total VOHAP mass flow rate for the source has 
been reduced below 1 megagram per year.
    (3) For each waste management unit, treatment process, or control 
device used to comply with Sec. 63.138(b)(1), (c)(1), (d), (e), or 
Sec. 63.139 of this subpart for which the owner or operator seeks to 
monitor a parameter other than those specified in table 11, table 12, or 
table 13 of this subpart, the owner or operator shall submit a request 
for approval to monitor alternative parameters according to the 
procedures specified in Sec. 63.151(g) or Sec. 63.152(e) of this 
subpart.
    (b) The owner or operator shall submit the information specified in 
paragraphs (b)(1) through (b)(9) of this section as part of the 
Notification of Compliance Status required by Sec. 63.152(b) of this 
subpart.
    (1) For each new source, the owner or operator shall submit the 
information specified in table 15a of this subpart for organic HAP's 
listed on table 8 of this subpart.
    (2) For each new and existing source, the owner or operator shall 
submit the information specified in table 15b of this subpart for 
organic HAP's listed on table 9 of this subpart. For each new source, 
the owner or operator is not required to submit information on table 15b 
of this subpart for any organic HAP's that have been documented in table 
15a of this subpart.
    (3) For each existing source for which the owner or operator elects 
to comply with the Process Unit Alternative specified in Sec. 63.138(d) 
of this subpart, the owner or operator shall submit the information 
specified in table 16 of this subpart. If table 16 of this subpart is 
completed for the Notification of Compliance Status, then table 15b of 
this subpart need not be completed.
    (4) For each treatment process identified in table 15a, 15b, or 16 
of this subpart that receives, manages, or treats a Group 1 wastewater 
stream or residual removed from a Group 1 wastewater stream, the owner 
or operator shall submit the information specified in table 17 of this 
subpart.
    (5) For each waste management unit identified in table 15a, 15b, or 
16 of this subpart that receives or manages a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream, the owner or 
operator shall submit the information specified in table 18 of this 
subpart.
    (6) For each residual removed from a Group 1 wastewater stream, the 
owner or operator shall submit the information specified in table 19 of 
this subpart.
    (7) For each control device used to comply with Secs. 63.133 through 
63.139 of this subpart, the owner or operator shall submit the 
information specified

[[Page 526]]

in paragraphs (b)(7)(i) and (b)(7)(ii) of this section.
    (i) For each flare, the owner or operator shall submit the 
information specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C) of 
this section.
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted);
    (B) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.139(c)(3) of this subpart; 
and
    (C) Reports of the times and durations of all periods during the 
compliance determination when the pilot flame is absent or the monitor 
is not operating.
    (ii) For each control device other than a flare, the owner or 
operator shall submit the information specified in paragraph 
(b)(7)(ii)(A) of this section and in either paragraph (b)(7)(ii)(B) or 
(b)(7)(ii)(C) of this section.
    (A) The information on parameter ranges specified in 
Sec. 63.152(b)(2) of this subpart for the applicable parameters 
specified in table 13 of this subpart, unless the parameter range has 
already been established in the operating permit; and either
    (B) The design evaluation specified in Sec. 63.139(d)(2) of this 
subpart; or
    (C) Results of the performance test specified in Sec. 63.139(d)(1) 
of this subpart. Performance test results shall include operating ranges 
of key process and control parameters during the performance test; the 
value, averaged over the period of the performance test, of each 
parameter identified in the Implementation Plan or operating permit as 
being monitored in accordance with Sec. 63.143 of this subpart; and 
applicable supporting calculations.
    (8) For each treatment process used to comply with 
Sec. 63.138(b)(1)(iii)(C), (c)(1)(iii)(D), (d), or (e) of this subpart, 
the owner or operator shall submit the information specified in 
paragraphs (b)(8)(i) and (b)(8)(ii) of this section.
    (i) For Items 1 and 2 in table 12 of this subpart, the owner or 
operator shall submit the information specified in paragraphs 
(b)(8)(ii)(A) and (b)(8)(ii)(B) of this section.
    (A) The information on parameter ranges specified in 
Sec. 63.152(b)(2) of this subpart for the parameters approved by the 
Administrator, unless the parameter range has already been established 
in the operating permit.
    (B) Results of the initial measurements of the parameters approved 
by the Administrator and any applicable supporting calculations.
    (ii) For Item 3 in table 12 of this subpart, the owner or operator 
shall submit the information on parameter ranges specified in 
Sec. 63.152(b)(2) of this subpart for the parameters specified in Item 3 
of table 12 of this subpart, unless the parameter range has already been 
established in the operating permit.
    (9) Except as provided in paragraph (b)(9)(iii) of this section, for 
each waste management unit or treatment process used to comply with 
Sec. 63.138(b)(1), (c)(1), (d), (e), or (h)(3) of this subpart, the 
owner or operator shall submit the information specified in either 
paragraph (b)(9)(i) or (b)(9)(ii) of this section.
    (i) The design evaluation and supporting documentation specified in 
Sec. 63.138(j)(1) of this subpart.
    (ii) Results of the performance test specified in Sec. 63.138(j)(2) 
of this subpart. Performance test results shall include operating ranges 
of key process and control parameters during the performance test; the 
value, averaged over the period of the performance test, of each 
parameter identified in the Implementation Plan or operating permit as 
being monitored in accordance with Sec. 63.143 of this subpart; and 
applicable supporting calculations.
    (iii) If the owner or operator elects to use one of the technologies 
specified in Sec. 63.138(m) of this subpart, the owner or operator is 
exempt from the requirements specified in paragraphs (b)(9)(i) and 
(b)(9)(ii) of this section.
    (c) For each waste management unit that receives, manages, or treats 
a Group 1 wastewater stream or residual removed from a Group 1 
wastewater stream, the owner or operator shall submit as part of the 
next Periodic Report required by Sec. 63.152(c) of this subpart the 
results of each inspection required by Sec. 63.143(a) of this subpart in 
which a control equipment failure was identified. Control equipment 
failure is defined for each waste management unit in Secs. 63.133 
through 63.137 of this

[[Page 527]]

subpart. Each Periodic Report shall include the date of the inspection, 
identification of each waste management unit in which a control 
equipment failure was detected, description of the failure, and 
description of the nature of and date the repair was made.
    (d) Except as provided in paragraph (f) of this section, for each 
treatment process used to comply with Sec. 63.138(b)(1), (c)(1), (d), or 
(e) of this subpart, the owner or operator shall submit as part of the 
next Periodic Report required by Sec. 63.152(c) the information 
specified in paragraphs (d)(1) and (d)(2) of this section for the 
monitoring required by Sec. 63.143(b) of this subpart.
    (1) For Items 1 and 2 in table 12, the owner or operator shall 
submit the information specified in either paragraph (d)(1)(i) or 
(d)(1)(ii) of this section.
    (i) For each parameter approved by the Administrator and required by 
the Administrator to be monitored continuously, the owner or operator 
shall submit the monitoring results for each operating day during which 
the daily average value of the monitored parameter is outside the range 
established in the Notification of Compliance Status or operating 
permit.
    (ii) For each parameter approved by the Administrator for which 
monitoring is not required by the Administrator to be continuous, the 
owner or operator shall submit the results of measurements that indicate 
that the biological treatment unit failed to meet the requirements 
specified in the applicable paragraphs cited in column 1 of table 12 of 
this subpart.
    (2) For Item 3 in table 12 of this subpart, the owner or operator 
shall submit the monitoring results for each operating day during which 
the daily average value of any monitored parameter specified in Item 3 
of table 12 of this subpart was outside the range established in the 
Notification of Compliance Status or operating permit.
    (e) Except as provided in paragraph (f) of this section, for each 
control device used to comply with Secs. 63.133 through 63.139 of this 
subpart, the owner or operator shall submit as part of the next Periodic 
Report required by Sec. 63.152(c) of this subpart the information 
specified in either paragraph (e)(1) or (e)(2) of this section.
    (1) The information specified in table 20 of this subpart, or
    (2) If the owner or operator elects to comply with Sec. 63.143(e)(2) 
of this subpart, i.e., an organic monitoring device installed at the 
outlet of the control device, the owner or operator shall submit the 
monitoring results for each operating day during which the daily average 
concentration level or reading is outside the range established in the 
Notification of Compliance Status or operating permit.
    (f) Where the owner or operator obtains approval to use a treatment 
process or control device other than one for which monitoring 
requirements are specified in Sec. 63.143 of this subpart, or to monitor 
parameters other than those specified in table 12 or 13 of this subpart, 
the Administrator will specify appropriate reporting requirements.
    (g) If the owner or operator requests an extension for emptying a 
wastewater tank in accordance with Sec. 63.133(e)(2) of this subpart, 
the request shall include the information specified in Sec. 63.133(e)(2) 
of this subpart.



Sec. 63.147  Process wastewater provisions--recordkeeping.

    (a) The owner or operator shall keep a record of all reports 
submitted in accordance with Sec. 63.146 of this subpart, including the 
Implementation Plan, Notification of Compliance Status, and Periodic 
Reports.
    (b) The owner or operator transferring a Group 1 wastewater stream 
or residual removed from a Group 1 wastewater stream in accordance with 
Sec. 63.132(j) shall keep a record of the notice sent to the treatment 
operator stating that the wastewater stream or residual contains organic 
HAP that are required to be managed and treated in accordance with the 
provisions of this subpart.
    (c) The owner or operator shall keep in a readily accessible 
location the records specified in paragraphs (c)(1) through (c)(6) of 
this section.
    (1) A record that each waste management unit inspection required by 
Secs. 63.133 through 63.137 of this subpart was performed.
    (2) A record that each inspection for control devices required by 
Sec. 63.139 of this subpart was performed.

[[Page 528]]

    (3) A record of the results of each seal gap measurement required by 
Secs. 63.133(d) and 63.137(c) of this subpart. The records shall include 
the date of the measurement, the raw data obtained in the measurement, 
and the calculations described in Sec. 63.120(b) (2), (3), and (4) of 
this subpart.
    (4) For Item 1 and Item 2 of table 12 of this subpart, the owner or 
operator shall keep the records approved by the Administrator.
    (5) Except as provided in paragraphs (e) and (g) of this section, 
continuous records of the monitored parameters specified in Item 3 of 
table 12 and table 13 of this subpart, and in Sec. 63.143(e)(2) of this 
subpart.
    (6) Documentation of a decision to use an extension, as specified in 
Sec. 63.133(e)(2) or (h) of this subpart, which shall include a 
description of the failure, documentation that alternate storage 
capacity is unavailable, and specification of a schedule of actions that 
will ensure that the control equipment will be repaired or the vessel 
will be emptied as soon as possible.
    (d) For each boiler or process heater used to comply with 
Secs. 63.133 through 63.139 of this subpart, the owner or operator shall 
keep a record of any changes in the location at which the vent stream is 
introduced into the flame zone as required in Sec. 63.139(c)(1) of this 
subpart.
    (e) The owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day, 
except as provided in paragraphs (e)(3) and (e)(4) of this section.
    (1) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day, 
except as provided in paragraph (e)(2) of this section. The average 
shall cover a 24-hour period if operation is continuous, or the number 
of hours of operation per operating day if operation is not continuous.
    (2) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the hourly or daily 
averages. Records shall be kept of the times and durations of all such 
periods and any other periods of process or control device operation 
when monitors are not operating.
    (3) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status. It may be from midnight 
to midnight or another daily period.
    (4) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were within the range rather than calculating and 
recording a daily average for that operating day.
    (5) For flares, records of the times and duration of all periods 
during which the pilot flame is absent shall be kept rather than daily 
averages.
    (6) For carbon adsorbers, the owner or operator shall keep the 
records specified in paragraphs (e)(6)(i) and (e)(6)(ii) of this section 
instead of daily averages.
    (i) Records of the total regeneration stream mass flow for each 
carbon bed regeneration cycle.
    (ii) Records of the temperature of the carbon bed after each 
regeneration cycle.
    (f) Where the owner or operator obtains approval to use a control 
device other than one for which monitoring requirements are specified in 
Sec. 63.143 of this subpart, or to monitor parameters other than those 
specified in table 12 or table 13 of this subpart, the Administrator 
will specify appropriate recordkeeping requirements.
    (g) If the owner or operator uses process knowledge to determine the 
VOHAP concentration of a wastewater stream as specified in 
Sec. 63.144(b)(1) of this subpart and/or uses process knowledge to 
determine the annual average flow rate as specified in Sec. 63.144(e)(1) 
of this subpart, and determines that the wastewater stream is not a 
Group 1 wastewater stream, the owner or operator shall keep in a readily 
accessible location the documentation of how process knowledge was used 
to determine the VOHAP concentration and/or the annual average flow rate 
of the wastewater stream.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995]

[[Page 529]]



Sec. 63.148  Leak inspection provisions.

    (a) Except as provided in paragraph (k) of this section, for each 
vapor collection system, closed-vent system, fixed roof, cover, or 
enclosure required to comply with this section, the owner or operator 
shall comply with the requirements of paragraphs (b) through (j) of this 
section.
    (b) Except as provided in paragraphs (g) and (h) of this section, 
each vapor collection system and closed-vent system shall be inspected 
according to the procedures and schedule specified in paragraphs (b)(1) 
and (b)(2) of this section and each fixed roof, cover, and enclosure 
shall be inspected according to the procedures and schedule specified in 
paragraph (b)(3) of this section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section, and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section, and
    (ii) Conduct annual inspections according to the procedures in 
paragraph (c) of this section.
    (iii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (3) For each fixed roof, cover, and enclosure, the owner or operator 
shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section, and
    (ii) Conduct semi-annual visual inspections for visible, audible, or 
olfactory indications of leaks as specified in Sec. 63.133 through 
Sec. 63.137 of this subpart.
    (c) Each vapor collection system, closed vent system, fixed roof, 
cover, and enclosure shall be inspected according to the procedures 
specified in paragraphs (c)(1) through (c)(5) of this section.
    (1) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A.
    (2) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the process fluid not each individual VOC in the 
stream.
    (3) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (4) Calibration gases shall be as follows:
    (i) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (ii) A mixture of methane in air at a concentration less than 10,000 
parts per million.
    (5) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (6) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (d) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (e) of 
this section.
    (1) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected, except as provided in paragraph (d)(3) of this 
section.
    (3) For leaks found in vapor collection systems used for transfer 
operations, repairs shall be completed no later than 15 calendar days 
after the leak is detected or at the beginning of the next transfer 
loading operation, whichever is later.
    (e) Delay of repair of a vapor collection system, closed vent 
system, fixed roof, cover, or enclosure for which leaks have been 
detected is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec. 63.101 of subpart F of this part, or if the 
owner or operator determines that

[[Page 530]]

emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next shutdown.
    (f) For each vapor collection system or closed vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall comply 
with the provisions of either paragraph (f)(1) or (f)(2) of this 
section, except as provided in paragraph (f)(3) of this section.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether vent stream flow is present at least once every 15 
minutes. Records shall be generated as specified in Sec. 63.118(a)(3) of 
this subpart. The flow indicator shall be installed at the entrance to 
any bypass line; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure the valve is maintained in the closed position and the vent 
stream is not diverted through the bypass line.
    (3) Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, and pressure relief valves needed for 
safety purposes are not subject to this paragraph.
    (g) Any parts of the vapor collection system, closed vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (i)(1) of this section, as unsafe to inspect are exempt from 
the inspection requirements of paragraphs (b)(1), (b)(2), and (b)(3)(i) 
of this section if:
    (1) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs (b)(1), 
(b)(2), or (b)(3)(i) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (h) Any parts of the vapor collection system, closed vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (i)(2) of this section, as difficult to inspect are exempt 
from the inspection requirements of paragraphs (b)(1), (b)(2), and 
(b)(3)(i) of this section if:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (i) The owner or operator shall record the information specified in 
paragraphs (i)(1) through (i)(5) of this section.
    (1) Identification of all parts of the vapor collection system, 
closed vent system, fixed roof, cover, or enclosure that are designated 
as unsafe to inspect, an explanation of why the equipment is unsafe to 
inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the vapor collection system, 
closed vent system, fixed roof, cover, or enclosure that are designated 
as difficult to inspect, an explanation of why the equipment is 
difficult to inspect, and the plan for inspecting the equipment.
    (3) For each vapor collection system or closed vent system that 
contains bypass lines that could divert a vent stream away from the 
control device and to the atmosphere, the owner or operator shall keep a 
record of the information specified in either paragraph (i)(3)(i) or 
(i)(3)(ii) of this section.
    (i) Hourly records of whether the flow indicator specified under 
paragraph (f)(1) of this section was operating and whether flow was 
detected at any time during the hour, as well as records of the times 
and durations of all periods when the vent stream is diverted from the 
control device or the monitor is not operating.
    (ii) Where a seal mechanism is used to comply with paragraph (f)(2) 
of this section, hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanisms has been done, and shall record the 
duration of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type lock

[[Page 531]]

has been checked out, and records of any car-seal that has broken.
    (4) For each inspection during which a leak is detected, a record of 
the information specified in paragraphs (i)(4)(i) through (i)(4)(viii) 
of this section.
    (i) The instrument identification numbers; operator name or 
initials; and identification of the equipment.
    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) Maximum instrument reading measured by the method specified in 
paragraph (d) of this section after the leak is successfully repaired or 
determined to be nonrepairable.
    (iv) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak.
    (v) The name, initials, or other form of identification of the owner 
or operator (or designee) whose decision it was that repair could not be 
effected without a shutdown.
    (vi) The expected date of successful repair of the leak if a leak is 
not repaired within 15 calendar days.
    (vii) Dates of shutdowns that occur while the equipment is 
unrepaired.
    (viii) The date of successful repair of the leak.
    (5) For each inspection conducted in accordance with paragraph (c) 
of this section during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (6) For each visual inspection conducted in accordance with 
paragraph (b)(1)(ii) or (b)(3)(ii) of this section during which no leaks 
are detected, a record that the inspection was performed, the date of 
the inspection, and a statement that no leaks were detected.
    (j) The owner or operator shall submit with the reports required by 
Sec. 63.182(b) of subpart H of this part or with the reports required by 
Sec. 63.152(c) of this subpart, the information specified in paragraphs 
(j)(1) through (j)(3) of this section.
    (1) The information specified in paragraph (i)(4) of this section;
    (2) Reports of the times and durations of all periods recorded under 
paragraph (i)(3)(i) of this section when the vent stream is diverted 
from the control device through a bypass line; and
    (3) Reports of all periods recorded under paragraph (i)(3)(ii) of 
this section in which the seal mechanism is broken, the bypass line 
valve position has changed, or the key to unlock the bypass line valve 
was checked out.
    (k) If a closed-vent system subject to this section is also subject 
to Sec. 63.172 of subpart H of this part, the owner or operator shall 
comply with the provisions of Sec. 63.172 of subpart H of this part and 
is exempt from the requirements of this section.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995]
Sec. 63.149  [Reserved]



Sec. 63.150  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec. 63.112(a) of this 
subpart by using emissions averaging according to Sec. 63.112(f) of this 
subpart rather than following the provisions of Secs. 63.113 through 
63.148 of this subpart.
    (b) Unless an operating permit application has been submitted, the 
owner or operator shall develop and submit for approval an 
Implementation Plan containing all of the information required in 
Sec. 63.151(d) of this subpart for all points to be included in an 
emissions average. The Implementation Plan or operating permit 
application shall identify all emission points to be included in the 
emissions average. This must include any Group 1 emission points to 
which the reference control technology (defined in Sec. 63.111 of this 
subpart) is not applied and all other emission points being controlled 
as part of the average.
    (c) The following emission points can be used to generate emissions 
averaging credits, if control was applied after November 15, 1990 and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point:
    (1) Group 2 emission points.
    (2) Group 1 emission points that are controlled by a technology that 
the

[[Page 532]]

Administrator or permitting authority agrees has a higher nominal 
efficiency than the reference control technology. Information on the 
nominal efficiencies for such technologies must be submitted and 
approved as provided in paragraph (i) of this section.
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percent reductions for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the reference control technology been applied to the emission 
point instead of the pollution prevention measure except as provided in 
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 emission point, the pollution prevention 
measure alone does not have to reduce emissions more than the reference 
control technology, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than the reference 
control technology would have had it been applied instead.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990, unless the level of control is increased after November 15, 1990, 
in which case credit will be allowed only for the increase in control 
after November 15, 1990.
    (2) Group 1 emission points that are controlled by a reference 
control technology, unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned according to the procedures in paragraph (i) of this 
section. For example, it is not allowable to claim that an internal 
floating roof meeting the specifications of Sec. 63.119(b) of this 
subpart applied to a storage vessel is achieving greater than 95 percent 
control.
    (3) Emission points on shut-down process units. Process units that 
are shut down cannot be used to generate credits or debits.
    (4) Wastewater that is not process wastewater or wastewater streams 
treated in biological treatment units. These two types of wastewater 
cannot be used to generate credits or debits. For the purposes of this 
section, the terms wastewater and wastewater stream are used to mean 
process wastewater.
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart, unless the level of control has been 
increased after November 15, 1990 above what is required by the other 
State or Federal rule. Only the control above what is required by the 
other State or Federal rule will be credited. However, if an emission 
point has been used to generate emissions averaging credit in an 
approved emissions average, and the point is subsequently made subject 
to a State or Federal rule other than this subpart, the point can 
continue to generate emissions averaging credit for the purpose of 
complying with the previously approved average.
    (e) For all points included in an emissions average, the owner or 
operator shall:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology for those emission points. Equations in paragraph (g) 
of this section shall be used to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 or Group 2 
emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit calculation, 
whereas those described in paragraph (d) of this section shall not be 
included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h) of this section are greater than or equal to debits 
calculated for the same annual compliance period according to paragraph 
(g) of this section.

[[Page 533]]

    (i) The owner or operator may choose to include more than the 
required number of credit-generating emission points in an average in 
order to increase the likelihood of being in compliance.
    (ii) The initial demonstration in the Implementation Plan or 
operating permit application that credit-generating emission points will 
be capable of generating sufficient credits to offset the debits from 
the debit-generating emission points must be made under representative 
operating conditions. After the compliance date, actual operating data 
will be used for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 1.30 
times the credits for the same period calculated according to paragraph 
(h) of this section. Compliance for the quarter shall be determined 
based on the ratio of credits and debits from that quarter, with 30 
percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in the 
Periodic Reports as specified in Sec. 63.152(c) of this subpart. Every 
fourth Periodic Report shall include a certification of compliance with 
the emissions averaging provisions as required by 
Sec. 63.152(c)(5)(iv)(B) of this subpart.
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions from the 
following:
    (1) More than 20 individual Group 1 or Group 2 emission points. 
Where pollution prevention measures (as specified in paragraph (j)(1) of 
this section) are used to control emission points to be included in an 
emissions average, no more than 25 emission points may be included in 
the average. For example, if two emission points to be included in an 
emissions average are controlled by pollution prevention measures, the 
average may include up to 22 emission points.
    (2) Periods of start-up, shutdown, and malfunction as described in 
the source's start-up, shutdown, and malfunction plan required by 
Sec. 63.6(e)(3) of subpart A of this part.
    (3) Periods of monitoring excursions as defined in 
Sec. 63.152(c)(2)(ii)(A) of this subpart. For these periods, the 
calculation of monthly credits and debits shall be adjusted as specified 
in paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
     (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may demonstrate to the Administrator 
that full or partial credits or debits should be assigned using the 
procedures in paragraph (l) of this section.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level less stringent than the reference control 
technology, and the emissions allowed for the Group 1 emission point. 
Debits shall be calculated as follows:
    (1) The overall equation for calculating source-wide debits is:
    [GRAPHIC] [TIFF OMITTED] TR22AP94.245
    

[[Page 534]]


where:

    Debits and all terms of the equation are in units of megagrams per 
month, and

 EPViACTUAL=Emissions from each Group 1 process vent i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(2) of this section.
(0.02) EPViu=Emissions from each Group 1 vent i if the reference 
control technology had been applied to the uncontrolled emissions, 
calculated according to paragraph (g)(2) of this section.
ESiACTUAL=Emissions from each Group 1 storage vessel i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(3) of this section.
(0.05) ESiu=Emissions from each Group 1 storage vessel i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (g)(3) of this section.
ETRiACTUAL=Emissions from each Group 1 transfer rack i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(4) of this section.
(0.02) ETRiu=Emissions from each Group 1 transfer rack i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (g)(4) of this section.
EWWiACTUAL=Emissions from each Group 1 wastewater stream i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(5) of this section.
EWWic=Emissions from each Group 1 wastewater stream i if the 
reference control technology had been applied to the uncontrolled 
emissions. This is calculated according to paragraph (g)(5) of this 
section.
n=The number of emission points being included in the emissions average. 
The value of n is not necessarily the same for process vents, storage 
vessels, transfer racks, and wastewater.

    (2) Emissions from process vents shall be calculated as follows:
    (i) For purposes of determining process vent stream flow rate, 
organic HAP concentrations, and temperature, the sampling site shall be 
after the final product recovery device, if any recovery devices are 
present; before any control device (for process vents, recovery devices 
shall not be considered control devices); and before discharge to the 
atmosphere. Method 1 or 1A of part 60, appendix A, shall be used for 
selection of the sampling site.
    (ii) The following equation shall be used for each process vent i to 
calculate EPViu:
[GRAPHIC] [TIFF OMITTED] TR22AP94.246

where:

EPViu=Uncontrolled process vent emission rate from process vent i, 
megagrams per month.
Q=Vent stream flow rate, dry standard cubic meters per minute, measured 
using Method 2, 2A, 2C, or 2D of part 60, appendix A, as appropriate.
h=Monthly hours of operation during which positive flow is present in 
the vent, hours per month.
Cj=Concentration, parts per million by volume, dry basis, of organic HAP 
j as measured by Method 18 of part 60, appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP's.
    (A) The values of Q, Cj, and Mj shall be determined during 
a performance test conducted under representative operating conditions. 
The values of Q, Cj, and Mj shall be established in the 
Notification of Compliance Status and must be updated as provided in 
paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q, Cj, and Mj are no

[[Page 535]]

longer representative, a new performance test shall be conducted to 
determine new representative values of Q, Cj, and Mj. These 
new values shall be used to calculate debits and credits from the time 
of the change forward, and the new values shall be reported in the next 
Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where EPViu is 
calculated according to the procedures in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.247

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 of this subpart if a combustion control device 
is used. For a flare meeting the criteria in Sec. 63.116(a) of this 
subpart, or a boiler or process heater meeting the criteria in 
Sec. 63.116(b) of this subpart, the percent reduction shall be 98 
percent. If a non-combustion control device is used, percent reduction 
shall be demonstrated by a performance test at the inlet and outlet of 
the device, or, if testing is not feasible, by a control design 
evaluation and documented engineering calculations.
    (2) For determining debits from Group 1 process vents, product 
recovery devices shall not be considered control devices and cannot be 
assigned a percent reduction in calculating EPViACTUAL. The 
sampling site for measurement of uncontrolled emissions is after the 
final product recovery device. However, as provided in Sec. 63.113(a)(3) 
of this subpart, a Group 1 process vent may add sufficient product 
recovery to raise the TRE index value above 1.0, thereby becoming a 
Group 2 process vent.
    (3) Procedures for calculating the percent reduction of pollution 
prevention measures are specified in paragraph (j) of this section.
    (3) Emissions from storage vessels shall be calculated as follows:
    (i) The following equation shall be used for each storage vessel i 
to calculate ESiu:

[GRAPHIC] [TIFF OMITTED] TR22AP94.248

where:

ESiu=Uncontrolled emissions, defined as emissions from a fixed roof 
vessel having identical dimensions and vessel color as vessel i, 
megagrams per month.
LB=Breathing loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(i)(A) of this section.
LW=Working loss emissions, megagrams per year, calculated according 
to paragraph (g)(3)(i)(B) of this section.
12=Constant, months per year.

    (A) Breathing loss emissions shall be calculated using the following 
equation:

[GRAPHIC] [TIFF OMITTED] TR22AP94.249


[[Page 536]]


where:

Mv=Molecular weight of vapor in storage vessel, pound per pound-
mole.
PA=Average atmospheric pressure, pounds per square inch absolute.
P=True vapor pressure of the HAP at liquid storage temperature, pounds 
per square inch absolute. See table 21 of this subpart.
D = Tank diameter, feet.
H=Average vapor space height, feet. Use vessel-specific values or an 
assumed value of one-half the height.
T=Average ambient diurnal temperature change,  deg.F. A typical 
value of 20  deg.F may be used.
Fp=Paint factor, dimensionless, from table 22 of this subpart; use 
Fp=1 for vessels located indoors.
C=Adjustment factor for small diameter tanks, dimensionless; use C=1 for 
diameter 30 feet; use C = 0.0771D - 0.0013D2 - 0.1334 
for diameter <30 feet.
KC=Product factor, dimensionless. Use 1.0 for organic HAP's.

    (B) Working losses shall be calculated using the following equation:

LW=1.089  x  10-8 Mv (P)(V)(N) (KN) (KC)
where:

V=Tank capacity, gallon.
N=Number of turnovers per year.
KN=Turnover factor, dimensionless, and 
[GRAPHIC] [TIFF OMITTED] TR22AP94.250

Mv, P, and KC as defined in paragraph (g)(3)(i)(A) of this 
section.
    (C) The owner or operator may elect to calculate ESiu in 
accordance with the methods described in American Petroleum Institute 
Publication 2518, Evaporative Loss from Fixed-Roof Tanks (incorporated 
by reference as specified in Sec. 63.14 of this part).
    (1) The owner or operator who elects to use these alternative 
methods must use them for all storage vessels included in the emissions 
average as debit or credit generating points.
    (2) The equations of paragraphs (g)(3)(i)(A) and (g)(3)(i)(B) of 
this section shall not be used in conjunction with the alternative 
methods provided under paragraph (g)(3)(i)(C) of this section.
    (ii) The following procedures and equations shall be used for each 
fixed roof storage vessel i that is not controlled with a floating roof 
to calculate ESiACTUAL:
    (A) If the vessel is not controlled, ESiACTUAL = ESiu, 
where ESiu is calculated according to the procedures in paragraph 
(g)(3)(i) of this section.
    (B) Except as provided in paragraph (g)(3)(ii)(C) of this section, 
if the vessel is controlled using a control device or pollution 
prevention measure achieving less than 95-percent reduction, 
[GRAPHIC] [TIFF OMITTED] TR22AP94.251

    (1) The percent reduction for a control device shall be determined 
through a design evaluation according to the procedures specified in 
Sec. 63.120(d) of this subpart.
    (2) Procedures for calculating the percent reduction for pollution 
prevention measures are specified in paragraph (j) of this section.
    (C) If the vessel is controlled according to the provisions of 
Sec. 63.119(e)(2) of this section whereby the control device is only 
required to achieve at least 90-percent reduction, the vessel shall not 
be considered to be generating debits.
    (iii) The following equation shall be used for each internal 
floating roof vessel i that does not meet the specifications of 
Sec. 63.119(b) or (d) of this subpart to calculate ESiACTUAL:


[[Page 537]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.252


where:

LW=Withdrawal loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iii)(A) of this section.
LR=Rim seal loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iii)(B) of this section.
LF=Fitting loss emissions, megagrams per year, calculated according 
to paragraph (g)(3)(iii)(C) of this section.
LD=Deck seam loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iii)(D) of this section.
12=Constant, months per year.

    (A) Withdrawal loss emissions shall be calculated using the 
following equation:

[GRAPHIC] [TIFF OMITTED] TR22AP94.253

where:

Q=Throughput, gallon per year; (gallon/turnover) * (turnovers per year).
C=Shell clingage factor, barrel per 1,000 square foot, see table 23 of 
this subpart.
WL=Average liquid density, pound per gallon.
D=Tank diameter, feet.
Nc=Number of columns, dimensionless, see table 24 of this subpart.
Fc=Effective column diameter, feet [column perimeter 
(feet)3.1416], see table 25 of this subpart.

    (B) Rim seal loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.254

where:

Mv=Molecular weight of vapor in storage vessel, pound per pound-
mole.
D=Tank diameter, feet.
Kc=Product factor, dimensionless; use 1.0 for organic HAP's.
Ks=Seal factor, pound-mole per [foot (miles per hour)n year], 
see table 26 of this subpart.
V=Average wind speed at the source, miles per hour. A value of 10 miles 
per hour may be assumed if source-specific data are not available.
n=Seal related wind speed exponent, dimensionless, see table 26 of this 
subpart.
2,205=Constant, pounds per megagram.
P*=Vapor pressure function, dimensionless, and
[GRAPHIC] [TIFF OMITTED] TR22AP94.255

where:

PA=Average atmospheric pressure, pounds per square inch absolute.
P=True vapor pressure at liquid storage temperature, pounds per square 
inch absolute.

    (C) Fitting loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.256

where:

Ff=The total deck fitting loss factor, pound-mole per year, and

where:

[GRAPHIC] [TIFF OMITTED] TR22AP94.257


[[Page 538]]


NFi=Number of fittings of a particular type, dimensionless. 
NFi is determined for the specific tank or estimated from tables 24 
and 27 of this subpart.
KFi=Deck fitting loss factor for a particular type fitting, pound-
mole per year. KFi is determined for each fitting type from table 
27 of this subpart.
n=Number of different types of fittings, dimensionless.

P*, Mv, Kc, and 2,205 as defined in paragraph (g)(3)(iii)(B) 
of this section.
    (D) Deck seam loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.258

where:

KD=Deck seam loss factor, pound-mole per foot per year, and
KD=0.34 for non-welded decks.
KD=0 for welded decks.
SD=Deck seam length factor, feet per square foot, see table 28 of 
this subpart.
D, P*, Mv, Kc, and 2,205 as defined in paragraph 
(g)(3)(iii)(B) of this section.
    (iv) The following equation shall be used for each external floating 
roof vessel i that does not meet the specifications of Sec. 63.119(c) of 
this subpart to calculate ESiACTUAL:
[GRAPHIC] [TIFF OMITTED] TR22AP94.259

where:

LW=Withdrawal loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iv)(A) of this section.
LR=Rim seal loss emissions, megagrams per year, calculated 
according to paragraph (g)(3)(iv)(B) of this section.
LF=Fitting loss emissions, megagrams per year, calculated according 
to paragraph (g)(3)(iv)(C) of this section.
12=Constant, months per year.

    (A) Withdrawal loss emissions shall be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.260

where:

Q=Throughput, gallons per year.
C=Shell clingage factor, barrel per 1,000 square foot, see table 23 of 
this subpart.
WL=Average liquid density, pound per gallon.
D=Vessel diameter, feet.

    (B) Rim seal loss emissions shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.261

where:

Ks=Seal factor, pound-mole per [foot (miles per hour)N year], 
see table 29 of this subpart.
V=Average wind speed, miles per hour, at the source. A value of 10 miles 
per hour may be assumed if source-specific data are not available.
N=Seal wind speed exponent, dimensionless, see table 29 of this subpart.
P*=Vapor pressure function, dimensionless, as defined in paragraph 
(g)(3)(iii)(B) of this section.
D=Vessel diameter, feet.
MV=Molecular weight of the HAP, pound per pound-mole.
Kc=Product factor, dimensionless; use 1.0 for organic HAP's.
2,205=Constant, pounds per megagram.

    (C) Fitting loss emissions shall be calculated using the following 
equation:

[GRAPHIC] [TIFF OMITTED] TR22AP94.262

where:

FF=The total deck fitting loss factor, pound-mole per year, and


[[Page 539]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.263


where:

NFi=Number of fittings of a particular type, dimensionless. 
NFi is determined for the specific tank or estimated from tables 30 
through 32 of this subpart.
KFi=Deck fitting loss factor for a particular type fitting, pound-
mole per year, and
KFi=KFai+KFbi Vmi, pound-mole per year, see table 30 
of this subpart for the appropriate values of KFa, KFb, and m 
for each fitting type.

V, P*, Mv, Kc, and 2,205 as defined in paragraph (g)(3)(iv)(B) 
of this section.
    (4) Emissions from transfer racks shall be calculated as follows:
    (i) The following equation shall be used for each transfer rack i to 
calculate ETRiu:

[GRAPHIC] [TIFF OMITTED] TR22AP94.264

where:

ETRiu=Uncontrolled transfer HAP emission rate from transfer rack i, 
megagrams per month.
S=Saturation factor, dimensionless (see table 33 of this subpart).
P=Weighted average rack partial pressure of organic HAP's transferred at 
the rack during the month, kilopascals.
M = Weighted average molecular weight of organic HAP's transferred at 
the transfer rack during the month, gram per gram-mole.
G = Monthly volume of organic HAP's transferred, liters per month.
T = Weighted rack bulk liquid loading temperature during the month, 
Kelvin ( deg.C + 273).

    (ii) The following equation shall be used for each transfer rack i 
to calculate the weighted average rack partial pressure:

[GRAPHIC] [TIFF OMITTED] TR22AP94.265

where:

Pj = Maximum true vapor pressure of individual organic HAP 
transferred at the rack, kilopascals.
G = Monthly volume of organic HAP transferred, liters per month, and

[GRAPHIC] [TIFF OMITTED] TR22AP94.266

Gj = Monthly volume of individual organic HAP transferred at the 
transfer rack, liters per month.
n = Number of organic HAP's transferred at the transfer rack.

    (iii) The following equation shall be used for each transfer rack i 
to calculate the weighted average rack molecular weight:

[GRAPHIC] [TIFF OMITTED] TR22AP94.267

where:

Mj = Molecular weight of individual organic HAP transferred at the 
rack, gram per gram-mole.

G, Gj, and n as defined in paragraph (g)(4)(ii) of this section.

[[Page 540]]

    (iv) The following equation shall be used for each transfer rack i 
to calculate the monthly weighted rack bulk liquid loading temperature:

[GRAPHIC] [TIFF OMITTED] TR22AP94.268

where:

Tj = Average annual bulk temperature of individual organic HAP 
loaded at the transfer rack, Kelvin ( deg.C + 273).

G, Gj, and n as defined in paragraph (g)(4)(ii) of this section.
    (v) The following procedures and equations shall be used to 
calculate ETRiACTUAL:
    (A) If the transfer rack is not controlled, ETRiACTUAL = 
ETRiu, where ETRiu is calculated using the equations specified 
in paragraphs (g)(4)(i) through (g)(4)(iv) of this section.
    (B) If the transfer rack is controlled using a control device or a 
pollution prevention measure achieving less than the 98-percent 
reduction,

[GRAPHIC] [TIFF OMITTED] TR22AP94.269

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec. 63.128(a) 
of this subpart. For a flare meeting the criteria in Sec. 63.128(b) of 
this subpart or a boiler or process heater meeting the criteria in 
Sec. 63.128(c) of this subpart, the percent reduction shall be 98 
percent. If testing is not feasible, percent reduction shall be 
determined through a design evaluation according to the procedures 
specified in Sec. 63.128(h) of this subpart.
    (2) Procedures for calculating the percent reduction for pollution 
prevention measures are specified in paragraph (j) of this section.
    (5) Emissions from wastewater shall be calculated as follows:
    (i) The following equation shall be used for each wastewater stream 
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR12DE95.008

Where:

EWWic = Monthly wastewater stream emission rate if wastewater 
stream i is controlled by the reference control technology, megagrams 
per month.
Qi = Average flow rate for wastewater stream i, as determined by 
the procedure in Sec. 63.144(c)(3), liters per minute.
Hi = Number of hours during the month that wastewater stream i was 
generated, hours per month.
s = Total number of organic HAP in wastewater stream i.
Frm = Fraction removed of organic HAP m in wastewater, from table 9 
of this subpart, dimensionless.
Fem = Fraction emitted of organic HAP m in wastewater, from table 
34 of this subpart, dimensionless.

[[Page 541]]

HAPim = Average concentration of organic HAP m in wastewater stream 
i, parts per million by weight.

    (A) HAPim shall be determined for the point of generation or at 
a location downstream of the point of generation using the sampling 
procedure in Sec. 63.144(b)(5)(i)(C) of this subpart. The samples 
collected may be analyzed by either of the following procedures:
    (1) A test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated pursuant to section 5.1 or 5.3 of Method 301 of appendix A of 
this part may be used; or
    (2) Method 305 of appendix A of this part may be used to determine 
Cim, the average VOHAP concentration of organic HAP m in wastewater 
stream i, and then HAPim may be calculated using the following 
equation:

HAPim = Cim/Fmm,

where Fmm for organic HAP m is obtained from table 34 of this 
subpart.
    (B) Values for Qi, HAPim, and Cim shall be determined 
during a performance test conducted under representative conditions. The 
average value obtained from three test runs shall be used. The values of 
Qi, HAPim, and Cim shall be established in the 
Notification of Compliance Status and must be updated as provided in 
paragraph (g)(5)(i)(C) of this section.
    (C) If there is a change to the process or operation such that the 
previously measured values of Qi, HAPim, and Cim are no 
longer representative, a new performance test shall be conducted to 
determine new representative values of Qi, HAPim, and 
Cim. These new values shall be used to calculate debits and credits 
from the time of the change forward, and the new values shall be 
reported in the next Periodic Report.
    (ii) The following equation shall be used to calculate 
EWWiACTUAL for each wastewater stream i that is not managed 
according to the provisions for waste management units of Secs. 63.133 
through 63.137 or Sec. 63.138(i)(3) of this subpart, as applicable, 
which specify equipment and work practices for suppressing and 
controlling vapors.

[GRAPHIC] [TIFF OMITTED] TR22AP94.271

where:

EWWiACTUAL=Monthly wastewater stream emission rate if wastewater 
stream i is uncontrolled or is controlled to a level less stringent than 
the reference control technology, megagrams per month.

Qi, Hi, s, Fem, and HAPim are as defined and 
determined according to paragraph (g)(5)(i) of this section.
    (iii) The following equation shall be used to calculate 
EWWiACTUAL for each wastewater stream i that is managed according 
to the requirements of Secs. 63.133 through 63.137 or Sec. 63.138(i)(3) 
of this subpart, as applicable, and wastewater stream i is uncontrolled 
or is controlled to a level less stringent than the reference control 
technology (for the purposes of the wastewater emissions averaging 
provisions, the term control is used to mean treatment):

[GRAPHIC] [TIFF OMITTED] TR22AP94.272


[[Page 542]]


where:

EWWiACTUAL=Monthly wastewater stream emission rate if wastewater 
stream i is uncontrolled or is controlled to a level less stringent than 
the reference control technology, megagrams per month.
PRim=The efficiency of the treatment process, or series of 
treatment processes, which treat wastewater stream i, in reducing the 
emission potential of organic HAP m in wastewater, dimensionless, as 
calculated by:

[GRAPHIC] [TIFF OMITTED] TR22AP94.273

where:

HAPim-in=Average concentration of organic HAP m, parts per million 
by weight, as defined and determined according to paragraph (g)(5)(i) of 
this section, in the wastewater entering the first treatment process in 
the series.
HAPim-out=Average concentration of organic HAP m, parts per million 
by weight, as defined and determined according to paragraph (g)(5)(i) of 
this section, in the wastewater exiting the last treatment process in 
the series.
Ri=Reduction efficiency of the device used to control any vapor 
streams emitted and collected from wastewater stream i during treatment, 
dimensionless, as determined according to the procedures in 
Sec. 63.145(e) of this subpart.

Qi, Hi, s, Fem, and HAPim are as defined and 
determined according to paragraph (g)(5)(i) of this section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating source-wide credits is:

    [GRAPHIC] [TIFF OMITTED] TR22AP94.550
    

where: Credits and all terms of the equation are in units of megagrams 
per month, the baseline date is November 15, 1990, and:

D=Discount factor=0.9 for all credit generating emission points except 
those controlled by a pollution prevention measure, which will not be 
discounted.
EPV1iACTUAL=Emissions for each Group 1 process vent i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(2) of this section.
(0.02) EPV1iu=Emissions from each Group 1 process vent i if the 
reference control technology had been

[[Page 543]]

applied to the uncontrolled emissions. EPV1iu is calculated 
according to paragraph (h)(2) of this section.
EPV2iACTUAL=Emissions from each Group 2 process vent i that is 
controlled, calculated according to paragraph (h)(2) of this section.
EPV2iBASE=Emissions from each Group 2 process vent i at the 
baseline date, as calculated in paragraph (h)(2) of this section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(3) of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if the 
reference control technology had been applied to the uncontrolled 
emissions. ES1iu is calculated according to paragraph (h)(3) of 
this section.
ES2iACTUAL=Emissions from each Group 2 storage vessel i that is 
controlled, calculated according to paragraph (h)(3) of this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the 
baseline date, as calculated in paragraph (h)(3) of this section.
ETR1iACTUAL=Emissions from each Group 1 transfer rack i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(4) of this section.
(0.02) ETR1iu=Emissions from each Group 1 transfer rack i if the 
reference control technology had been applied to the uncontrolled 
emissions. ETR1iu is calculated according to paragraph (h)(4) of 
this section.
ETR2iACTUAL=Emissions from each Group 2 transfer rack i that are 
controlled, calculated according to paragraph (h)(4) of this section.
ETR2iBASE=Emissions from each Group 2 transfer rack i at the 
baseline date, as calculated in paragraph (h)(4) of this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream i that 
is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(5) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (h)(5) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i that 
is controlled, calculated according to paragraph (h)(5) of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i at the 
baseline date, calculated according to paragraph (h)(5) of this section.
n = Number of Group 1 emission points included in the emissions average. 
The value of n is not necessarily the same for process vents, storage 
vessels, transfer racks, and wastewater.
m = Number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for process vents, storage 
vessels, transfer racks, and wastewater.

    (i) For an emission point controlled using a reference control 
technology, the percent reduction for calculating credits shall be no 
greater than the nominal efficiency associated with the reference 
control technology, unless a higher nominal efficiency is assigned as 
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be as 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 process vents, EPV1iu, 
shall be calculated according to the procedures and equation for 
EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this section.

[[Page 544]]

    (ii) Actual emissions from Group 1 process vents controlled using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than 98 percent 
emission reduction, EPV1iACTUAL, shall be calculated according to 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.275

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 process vents, EPV2iACTUAL:
    (A) For a Group 2 process vent controlled by a control device, a 
recovery device applied as a pollution prevention project, or a 
pollution prevention measure, if the control achieves a percent 
reduction less than or equal to 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.276

    (1) EPV2iu shall be calculated according to the equations and 
procedures for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this 
section, except as provided in paragraph (h)(2)(iii)(A)(3) of this 
section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section, except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution prevention 
project, EPV2iu shall be calculated prior to that recovery device. 
The equation for EPViu in paragraph (g)(2)(ii) of this section 
shall be used to calculate EPV2iu; however, the sampling site for 
measurement of vent stream flow rate and organic HAP concentration shall 
be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution prevention 
project, the percent reduction shall be demonstrated by conducting a 
performance test at the inlet and outlet of that recovery device.
    (B) For a Group 2 process vent controlled using a technology with an 
approved nominal efficiency greater than 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.277

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE=EPV2iu and shall be cal- 
culated according to the procedures and equation for EPViu in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,

[[Page 545]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.278


where EPV2iu is calculated according to the procedures and equation 
for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this section. 
The percent reduction shall be calculated according to the procedures 
specified in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section.
    (C) If a recovery device was added to a process vent as part of a 
pollution prevention project initiated after November 15, 1990, 
EPV2iBASE=EPV2iu, where EPV2iu is calculated according to 
paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 storage vessels, ES1iu, 
shall be calculated according to the equations and procedures for 
ESiu in paragraph (g)(3)(i) of this section.
    (ii) Actual emissions from Group 1 storage vessels controlled using 
a technology with an approved nominal efficiency greater than 95 percent 
or a pollution prevention measure achieving greater than 95 percent 
emission reduction, ES1iACTUAL, shall be calculated according to 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.279

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 storage vessels, ES2iACTUAL:
    (A) For a Group 2 storage vessel controlled using a control device 
or a pollution prevention measure (other than an internal or external 
floating roof) achieving a percent reduction less than or equal to 95-
percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.280

    (1) ES2iu is calculated according to the equations and 
procedures for ESiu in paragraph (g)(3)(i) of this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraphs (g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this 
section.
    (3) If an internal or external floating roof meeting the 
specifications of Sec. 63.119 (b), (c), or (d) of this subpart is used 
to control the vessel, the percent reduction shall be 95 percent.
    (B) If a Group 2 storage vessel is controlled with an internal or 
external floating roof not meeting the specifications of Sec. 63.119 
(b), (c), or (d) of this subpart, ES2iACTUAL shall be calculated as 
specified for ESiACTUAL in paragraph (g)(3)(iii) or (g)(3)(iv) of 
this section.
    (C) For a Group 2 storage vessel controlled using a technology with 
an approved nominal efficiency greater than 95 percent or a pollution 
prevention measure achieving greater than 95 percent reduction,

[[Page 546]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.281


    (iv) Emissions from Group 2 storage vessels at baseline, 
ES2iBASE, shall be calculated as follows:
    (A) If the fixed-roof vessel was uncontrolled on November 15, 1990, 
ES2iBASE=ES2iu and shall be calculated according to the 
procedures and equations for ESiu in paragraph (g)(3)(i) of this 
section.
    (B) If the storage vessel was controlled on November 15, 1990:
    (1) The equations for ESiACTUAL in paragraph (g)(3)(iii) of 
this section shall be used to calculate ES2iBASE for vessels 
controlled with an internal floating roof that does not meet the 
specifications of Sec. 63.119 (b) or (d) of this subpart.
    (2) The equations for ESiACTUAL in paragraph (g)(3)(iv) of this 
section shall be used to calculate ES2iBASE for vessels controlled 
with an external floating roof that does not meet the specifications of 
Sec. 63.119(c) of this subpart.
    (3) The following equations shall be used to calculate ES2iBASE 
for vessels controlled with a control device,
[GRAPHIC] [TIFF OMITTED] TR22AP94.282

where ES2iu shall be calculated according to the equations for 
ESiu in paragraph (g)(3)(i) of this section. The percent reduction 
shall be calculated according to the procedures in paragraphs 
(g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this section.
    (4) Emissions from transfer racks shall be determined as follows:
    (i) Uncontrolled emissions from Group 1 transfer racks, ETR1iu, 
shall be calculated according to the procedures and equations for 
ETRiu as described in paragraphs (g)(4)(i) through (g)(4)(iv) of 
this section.
    (ii) Actual emissions from Group 1 transfer racks controlled using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than 98 percent 
emission reduction, ETRiACTUAL, shall be calculated according to 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.283

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 transfer racks, ETR2iACTUAL:
    (A) For a Group 2 transfer rack controlled by a control device or a 
pollution prevention measure achieving a percent reduction less than or 
equal to 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.284


[[Page 547]]


    (1) ETR2iu shall be calculated according to the equations and 
procedures for ETRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of 
this section.
    (2) The percent reduction shall be calculated according to the 
procedures in paragraph (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this 
section.
    (B) For a Group 2 transfer rack controlled using a technology with 
an approved nominal efficiency greater than 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR22AP94.285

    (iv) Emissions from Group 2 transfer racks at baseline, 
ETR2iBASE, shall be calculated as follows:
    (A) If the transfer rack was uncontrolled on November 15, 1990, 
ETR2iBASE=ETR2iu and shall be calculated according to the 
procedures and equations for ETRiu in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section.
    (B) If the transfer rack was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR22AP94.286
    
where ETR2iu is calculated according to the procedures and 
equations for ETRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of 
this section. Percent reduction shall be calculated according to the 
procedures in paragraphs (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this 
section.
    (5) Emissions from wastewater shall be determined as follows:
    (i) EWW1ic shall be calculated according to the equation for 
EWWic in paragraph (g)(5)(i) of this section.
    (ii) EWW2iBASE shall be calculated according to the equation 
for EWWiACTUAL in paragraph (g)(5)(ii) of this section for each 
Group 2 wastewater stream i, which, on November 15, 1990, was not 
managed according to the requirements of Secs. 63.133 through 63.137 or 
Sec. 63.138(i)(3) of this subpart, as applicable.
    (iii) EWW2iBASE shall be calculated according to the equation 
for EWWiACTUAL in paragraph (g)(5)(iii) of this section for each 
Group 2 wastewater stream i, which, on November 15, 1990, was managed 
according to the requirements of Secs. 63.133 through 63.137 or 
Sec. 63.138(i)(3) of this subpart, as applicable, and was uncontrolled 
or controlled to a level less stringent than the reference control 
technology.
    (iv) For Group 2 wastewater streams that are managed according to 
the requirements of Secs. 63.133 through 63.137 or Sec. 63.138(i)(3) of 
this subpart, as applicable, EWW2iACTUAL shall be calculated as 
follows:
    (A) EWW2iACTUAL shall be calculated according to the equation 
for EWWiACTUAL in paragraph (g)(5)(iii) of this section for each 
Group 2 wastewater stream i that is controlled to a level less stringent 
than, or equivalent to, the reference control technology.
    (B) EWW2iACTUAL shall be calculated according to the procedures 
for calculating EWW1iACTUAL in paragraph (h)(5)(v) of this section 
for each Group 2 wastewater stream that is controlled to a level more 
stringent than the reference control technology.
    (v) The following equations for EWW1iACTUAL shall be used to 
calculate emissions from each Group 1 wastewater stream i that is 
managed according to the requirements of

[[Page 548]]

Sec. Sec. 63.133 through 63.137 or Sec. 63.138(i)(3) of this subpart, as 
applicable, and is controlled to a level more stringent than the 
reference control technology.
    (A) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency in the total VOHAP concentration of stream 
i greater than that of the design steam stripper specified in 
Sec. 63.138(g) of this subpart, and the control device used to reduce 
organic HAP emissions from the vapor stream(s) vented from the treatment 
process(es) achieves a percent reduction equal to 95 percent, the 
following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR22AP94.288

where all terms are as defined and determined in paragraph (g)(5) of 
this section.
    (B) If the Group 1 wastewater stream i is not controlled using a 
treatment process or series of treatment processes with a nominal 
reduction efficiency in the total VOHAP concentration greater than that 
of the design steam stripper specified in Sec. 63.138(g) of this 
subpart, but the vapor stream(s) vented from the treatment process(es) 
are controlled using a device with an approved nominal efficiency 
greater than 95 percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR22AP94.287

where all terms other than nominal efficiency are as defined and 
determined in paragraph (g)(5) of this section.
    (C) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency in the total VOHAP concentration greater 
than that of the design steam stripper specified in Sec. 63.138(g) of 
this subpart, and the vapor stream(s) vented from the treatment process 
are controlled using a device with an approved nominal efficiency 
greater than 95 percent, the following equation shall be used:

[[Page 549]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.289


where all terms other than nominal efficiency are as defined and 
determined in paragraph (g)(5) of this section.
    (i) The following procedures shall be followed to establish nominal 
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this 
section shall be followed for control technologies that are different in 
use or design from the reference control technologies and achieve 
greater percent reductions than the percent efficiencies assigned to the 
reference control technologies in Sec. 63.111 of this subpart.
    (1) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology, and the different 
control technology will be used in more than three applications at a 
single plant-site, the owner or operator shall submit the information 
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to 
the Director of the EPA Office of Air Quality Planning and Standards in 
writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance.
    (ii) Description of the control technology including design 
specifications.
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA method 
or any other method validated according to Method 301 of appendix A of 
this part. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented.
    (iv) A description of the parameter or parameters to be monitored to 
ensure that the control technology will be operated in conformance with 
its design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall have 
a nominal efficiency and the level of that nominal efficiency. If, in 
the Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
    (4) The Administrator may condition permission to take emission 
credits for use of the control technology on requirements that may be 
necessary to ensure operation and maintenance to achieve the specified 
nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology and the different 
control technology will be used in no more than three applications at a 
single plant site, the information listed in paragraphs (i)(1)(i) 
through (i)(1)(iv) can be submitted to the permitting authority for the 
source

[[Page 550]]

for approval instead of the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology can be approved by the permitting authority as part of an 
operating permit application or modification. The permitting authority 
shall follow the procedures specified in paragraphs (i)(2) through 
(i)(4) of this section except that, in these instances, a Federal 
Register notice is not required to establish the nominal efficiency for 
the different technology.
    (ii) If, in reviewing the application, the permitting authority 
believes the control technology has broad applicability for use by other 
sources, the permitting authority shall submit the information provided 
in the application to the Director of the EPA Office of Air Quality 
Planning and Standards. The Administrator shall review the technology 
for broad applicability and may publish a Federal Register notice; 
however, this review shall not affect the permitting authority's 
approval of the nominal efficiency of the control technology for the 
specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines the 
control technology is not different in use or design from the reference 
control technology, the Administrator or permitting authority shall deny 
the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percent reduction) of pollution prevention measures:
    (1) A pollution prevention measure is any practice which meets the 
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a 
lesser quantity of organic HAP emissions per unit of product released to 
the atmosphere prior to out-of-process recycling, treatment, or control 
of emissions, while the same product is produced.
    (ii) Pollution prevention measures may include: substitution of 
feedstocks that reduce HAP emissions; alterations to the production 
process to reduce the volume of materials released to the environment; 
equipment modifications; housekeeping measures; and in-process recycling 
that returns waste materials directly to production as raw materials. 
Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990, can be used in calculating 
the actual emissions from an emission point in the debit and credit 
equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percent reduction used in 
the equations in paragraphs (g)(2) through (g)(5) of this section and 
paragraphs (h)(2) through (h)(5) of this section is the percent 
difference between the monthly organic HAP emissions for each emission 
point after the pollution prevention measure for the most recent month 
versus monthly emissions from the same emission point before the 
pollution prevention measure, adjusted by the volume of product produced 
during the two monthly periods.
    (ii) The following equation shall be used to calculate the percent 
reduction of a pollution prevention measure for each emission point.
[GRAPHIC] [TIFF OMITTED] TR22AP94.290

where:

Percent reduction=Efficiency of pollution prevention measure (percent 
organic HAP reduction).

[[Page 551]]

EB=Monthly emissions before the pollution prevention measure, 
megagrams per month, determined as specified in paragraphs 
(j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of this section.
Epp=Monthly emissions after the pollution prevention measure, 
megagrams per month, as determined for the most recent month, determined 
as specified in paragraphs (j)(2)(ii)(D) or (j)(2)(ii)(E) of this 
section.
PB=Monthly production before the pollution prevention measure, 
megagrams per month, during the same period over which EB is 
calculated.
Ppp=Monthly production after the pollution prevention measure, 
megagrams per month, as determined for the most recent month.

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the equations 
and procedures in paragraphs (g)(2), (g)(3), and (g)(4) of this section 
for process vents, storage vessels, and transfer operations.
    (B) For wastewater, EB shall be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR22AP94.291
    
where:

n=Number of wastewater streams.
QBi=Average flow rate for wastewater stream i before the pollution 
prevention measure, defined and determined according to paragraph 
(g)(5)(i) of this section, liters per minute, before implementation of 
the pollution prevention measure.
HBi=Number of hours per month that wastewater stream i was 
discharged before the pollution prevention measure, hours per month.
s=Total number of organic HAP's in wastewater stream i.
Fem=Fraction emitted of organic HAP m in wastewater from table 9 of 
this subpart, dimensionless.
HAPBim=Average concentration of organic HAP m in wastewater stream 
i, defined and determined according to paragraph (g)(5)(i) of this 
section, before the pollution prevention measure, parts per million by 
weight, as measured before the implementation of the pollution measure.

    (C) If the pollution prevention measure was implemented prior to 
April 22, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a design 
evaluation and documented engineering calculations. Once an emissions-
to-production ratio has been established, the ratio can be used to 
estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.292

where n, Qppi, Hppi, s, Fem, and HAPppim are defined 
and determined as described in paragraph (j)(2)(ii)(B) of this section 
except that Qppi, Hppi, and HAPppim shall be determined 
after the pollution prevention measure has been implemented.

[[Page 552]]

    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percent reduction achieved 
by a pollution prevention measure for each emission point shall be fully 
documented.
    (iv) The same pollution prevention measure may reduce emissions from 
multiple emission points. In such cases, the percent reduction in 
emissions for each emission point must be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(5) of this section, used to calculate credits for emission points 
controlled more stringently than the reference control technology, the 
nominal efficiency of a pollution prevention measure is equivalent to 
the percent reduction of the pollution prevention measure. When a 
pollution prevention measure is used, the owner or operator of a source 
is not required to apply to the Administrator for a nominal efficiency 
and is not subject to paragraph (i) of this section.
    (k) The owner or operator must demonstrate that the emissions from 
the emission points proposed to be included in the average will not 
result in greater hazard or, at the option of the operating permit 
authority, greater risk to human health or the environment than if the 
emission points were controlled according to the provisions in 
Secs. 63.113 through 63.148.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the operating permit authority.
    (i) The Administrator may require owners and operators to use 
specific methodologies and procedures for making a hazard or risk 
determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
shall be made according to any guidance that the Administrator makes 
available for use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their operating permit application or in their Implementation Plan if an 
operating permit application has not yet been submitted.
    (3) An emissions averaging plan that does not demonstrate hazard or 
risk equivalency to the satisfaction of the Administrator shall not be 
approved. The Administrator may require such adjustments to the 
emissions averaging plan as are necessary in order to ensure that the 
average will not result in greater hazard or risk to human health or the 
environment than would result if the emission points were controlled 
according to Secs. 63.113 through 63.148 of this subpart.
    (4) A hazard or risk equivalency demonstration must:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the Administrator for such 
demonstrations.
    (l) For periods of excursions, an owner or operator may request that 
the provisions of paragraphs (l)(1) through (l)(4) of this section be 
followed instead of the procedures in paragraphs (f)(3)(i) and 
(f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of 
excursions in the Periodic Reports as required in Sec. 63.152 of this 
subpart.
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to establish 
that the control device for the emission point was operating in such a 
fashion to warrant assigning full or partial credits and debits. This 
demonstration shall be made to the Administrator's satisfaction, and the 
Administrator may establish procedures of demonstrating compliance that 
are acceptable.
    (3) The owner or operator shall provide documentation of the 
excursion and the other type of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning full 
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.
    (m) For each Group 1 or Group 2 emission point included in an 
emissions average, the owner or operator

[[Page 553]]

shall perform testing, monitoring, recordkeeping, and reporting 
equivalent to that required for Group 1 emission points complying with 
Secs. 63.113 through 63.148 of this subpart. The specific requirements 
for process vents, storage vessels, transfer racks, and wastewater are 
identified in paragraphs (m)(1) through (m)(6) of this section.
    (1) The source shall implement the following testing, monitoring, 
recordkeeping, and reporting procedures for each process vent equipped 
with a flare, incinerator, boiler, or process heater.
    (i) Determine whether the process vent is Group 1 or Group 2 
according to the procedures in Sec. 63.115 of this subpart.
    (ii) Conduct initial performance tests to determine percent 
reduction as specified in Sec. 63.116 of this subpart;
    (iii) Monitor the operating parameters, keep records, and submit 
reports specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118 (a), 
(f), and (g) of this subpart, as appropriate for the specific control 
device.
    (2) The source shall implement the following procedures for each 
process vent equipped with a carbon adsorber, absorber, or condenser but 
not equipped with a control device:
    (i) Determine the flow rate, organic HAP concentration, and TRE 
index value using the methods specified in Sec. 63.115 of this subpart;
    (ii) Monitor the operating parameters, keep records, and submit 
reports specified in Sec. 63.114, Sec. 63.117(a), and Sec. 63.118(b), 
(f), and (g) of this subpart, as appropriate for the specific recovery 
device.
    (3) The source shall implement the following procedures for each 
storage vessel controlled with an internal floating roof, external roof, 
or a closed vent system with a control device, as appropriate to the 
control technique:
    (i) Perform the monitoring or inspection procedures in Sec. 63.120 
of this subpart,
    (ii) Perform the reporting and recordkeeping procedures in 
Secs. 63.122 and 63.123 of this subpart, and
    (iii) For closed vent systems with control devices, conduct an 
initial design evaluation and submit an operating plan as specified in 
Sec. 63.120(d) and Sec. 63.122(a)(2) and (b) of this subpart.
    (4) The source shall implement the following procedures for each 
transfer rack controlled with a vapor balancing system, or a vapor 
collection system and an incinerator, flare, boiler, process heater, 
adsorber, condenser, or absorber, as appropriate to the control 
technique:
    (i) The monitoring and inspection procedures in Sec. 63.127 of this 
subpart,
    (ii) The testing and compliance procedures in Sec. 63.128 of this 
subpart, and
    (iii) The reporting and recordkeeping procedures in Sec. 63.129 and 
Sec. 63.130 of this subpart.
    (5) The source shall implement the following procedures for 
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec. 63.138(i) and (j) of this subpart.
    (ii) Conduct inspections and monitoring as specified in Sec. 63.143 
of this subpart.
    (iii) A recordkeeping program as specified in Sec. 63.147 of this 
subpart.
    (iv) A reporting program as specified in Sec. 63.146 of this 
subpart.
    (6) If an emission point in an emissions average is controlled using 
a pollution prevention measure or a device or technique for which no 
monitoring parameters or inspection procedures are specified in 
Sec. 63.114, Sec. 63.120, Sec. 63.127, or Sec. 63.143 of this subpart, 
the owner or operator shall submit the information specified in 
Sec. 63.151(f) of this subpart in the Implementation Plan or operating 
permit application.
    (n) Records of all information required to calculate emission debits 
and credits shall be retained for five years.
    (o) Initial Notifications, Implementation Plans, Notifications of 
Compliance Status, Periodic Reports, and other reports shall be 
submitted as required by Sec. 63.151 and Sec. 63.152 of this subpart.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995]



Sec. 63.151  Initial notification and implementation plan.

    (a) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (a)(1) through (a)(5) of this 
section.

[[Page 554]]

Owners or operators requesting an extension of compliance shall also 
submit the report listed in paragraph (a)(6) of this section.
    (1) An Initial Notification described in paragraph (b) of this 
section, and
    (2) An Implementation Plan, unless an operating permit application 
has been submitted prior to the date the Implementation Plan is due and 
the owner or operator has elected to include the information specified 
in Sec. 63.152(e) in that application.
    (i) The submittal date and contents of the Implementation Plan for 
emission points to be included in an emissions average are specified in 
paragraphs (c) and (d) of this section.
    (ii) The submittal date and contents of the Implementation Plan for 
emission points that will not be included in an emissions average are 
specified in paragraph (c) and (e) of this section,
    (3) A Notification of Compliance Status described in Sec. 63.152 of 
this subpart,
    (4) Periodic Reports described in Sec. 63.152 of this subpart, and
    (5) Other reports described in Sec. 63.152 of this subpart.
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing the existing source up to 1 
additional year to comply with section 112(d) standards.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted to the operating permit authority as part of the operating 
permit application. If the State in which the source is located does not 
have an approved operating permit program, a request for an extension 
shall be submitted to the Administrator as part of the Initial 
Notification or as a separate submittal. Requests for extensions shall 
be submitted no later than the date the Implementation Plan is required 
to be submitted. The dates specified in Sec. 63.6(i) of subpart A for 
submittal of requests for extensions shall not apply to sources subject 
to subpart G.
    (ii) A request for an extension of compliance must include the data 
described in Sec. 63.6(i)(6)(i) (A), (B), and (D) of subpart A of this 
part.
    (iii) The requirements in Sec. 63.6(i)(8) through (i)(14) of subpart 
A will govern the review and approval of requests for extensions of 
compliance with this subpart.
    (b) Each owner or operator of an existing or new source subject to 
subpart G shall submit a written Initial Notification to the 
Administrator, containing the information described in paragraph (b)(1) 
of this section, according to the schedule in paragraph (b)(2) of this 
section. The Initial Notification provisions in Sec. 63.9(b)(2), (b)(3), 
and (b)(6) of subpart A shall not apply to owners or operators of 
sources subject to subpart G.
    (1) The Initial Notification shall include the following 
information:
    (i) The name and address of the owner or operator;
    (ii) The address (physical location) of the affected source;
    (iii) An identification of the kinds of emission points within the 
chemical manufacturing process units that are subject to subpart G;
    (iv) An identification of the chemical manufacturing processes 
subject to subpart G; and
    (v) A statement of whether the source can achieve compliance by the 
relevant compliance date specified in Sec. 63.100 of subpart F.
    (2) The Initial Notification shall be submitted according to the 
schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this 
section, as applicable.
    (i) For an existing source, the Initial Notification shall be 
submitted within 120 calendar days after the date of promulgation.
    (ii) For a new source that has an initial start-up 90 calendar days 
after the date of promulgation of this subpart or later, the application 
for approval of construction or reconstruction required by Sec. 63.5(d) 
of subpart A shall be submitted in lieu of the Initial Notification. The 
application shall be submitted as soon as practicable before 
construction or reconstruction is planned to commence (but it need not 
be sooner than 90 calendar days after the date of promulgation of this 
subpart).
    (iii) For a new source that has an initial start-up prior to 90 
calendar days after the date of promulgation, the Initial Notification 
shall be submitted within 90 calendar days after the date of 
promulgation of this subpart. The

[[Page 555]]

application for approval of construction or reconstruction described in 
Sec. 63.5(d) of subpart A is not required for these sources.
    (c) Each owner or operator of an existing or new source subject to 
this subpart must submit an Implementation Plan to the Administrator by 
the dates specified in paragraphs (c)(1) and (c)(2) of this section 
unless an operating permit application accompanied by the information 
specified in Sec. 63.152(e) has been submitted. The Implementation Plan 
for emissions averaging is subject to Administrator approval.
    (1) For existing sources, an Implementation Plan shall be submitted 
as specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
    (i) Each owner or operator of an existing source subject to this 
subpart who elects to comply with Sec. 63.112 by using emissions 
averaging for any emission points, and who has not submitted an 
operating permit application accompanied by the information specified in 
Sec. 63.152(e) at least 18 months prior to the compliance dates 
specified in Sec. 63.100 of subpart F of this part, shall develop an 
Implementation Plan for emissions averaging. For existing sources, the 
Implementation Plan for those emission points to be included in an 
emissions average shall be submitted no later than 18 months prior to 
the compliance dates in Sec. 63.100 of subpart F.
    (ii) Each owner or operator of an existing source subject to this 
subpart who elects to comply with Sec. 63.112 of this subpart by 
complying with the provisions of Secs. 63.113 to 63.148 of this subpart, 
rather than emissions averaging, for any emission points, and who has 
not submitted an operating permit application accompanied by the 
information specified in Sec. 63.152(e) by December 31,1996, shall 
develop an Implementation Plan. For an existing source, the 
Implementation Plan for those emission points that are not to be 
included in an emissions average shall be submitted to the Administrator 
no later than December 31, 1996.
    (2) Each owner or operator of a new source shall submit an 
Implementation Plan by the date specified in paragraphs (c)(2)(i) or 
(c)(2)(ii) of this section, as applicable, unless an operating permit 
application containing the information in paragraph (e) of this section 
has been submitted by that date.
    (i) For a new source that has an initial start-up 90 calendar days 
after the date of promulgation of this subpart or later, the 
Implementation Plan shall be submitted with the application for approval 
of construction or reconstruction by the date specified in paragraph 
(b)(2)(ii) of this section.
    (ii) For a new source that has an initial start-up prior to 90 
calendar days after the date of promulgation, the Implementation Plan 
shall be submitted within 90 calendar days after the date of 
promulgation of this subpart.
    (3) The Administrator shall determine within 120 calendar days 
whether the Implementation Plan submitted by sources using emissions 
averaging presents sufficient information. The Administrator shall 
either approve the Implementation Plan, request changes, or request that 
the owner or operator submit additional information. Once the 
Administrator receives sufficient information, the Administrator shall 
approve, disapprove, or request changes to the plan within 120 calendar 
days.
    (d) Each owner or operator required to submit an Implementation Plan 
for emissions averaging shall include in the plan, for all emission 
points included in the emissions average, the information listed in 
paragraphs (d)(1) through (d)(8) of this section.
    (1) The identification of all emission points in the planned 
emissions average and notation of whether each point is a Group 1 or 
Group 2 emission point as defined in Sec. 63.111 of this subpart.
    (2) The projected emission debits and credits for each emission 
point and the sum for the emission points involved in the average 
calculated according to Sec. 63.150 of this subpart. The projected 
credits must be greater than the projected debits, as required under 
Sec. 63.150(e)(3) of this subpart.
    (3) The specific control technology or pollution prevention measure 
that will be used for each emission point included in the average and 
date of application or expected date of application.
    (4) The specific identification of each emission point affected by a 
pollution prevention measure. To be considered a

[[Page 556]]

pollution prevention measure, the criteria in Sec. 63.150(j)(1) of this 
subpart must be met. If the same pollution prevention measure reduces or 
eliminates emissions from multiple emission points in the average, the 
owner or operator must identify each of these emission points.
    (5) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in Sec. 63.150(m), 
(n), and (o) of this subpart that are applicable to each emission point 
in the emissions average will be implemented beginning on the date of 
compliance.
    (6) Documentation of the information listed in paragraph (d)(6)(i) 
through (d)(6)(v) of this section for each process vent, storage vessel, 
or transfer rack included in the average.
    (i) The values of the parameters used to determine whether the 
emission point is Group 1 or Group 2. Where TRE index value is used for 
process vent group determination, the estimated or measured values of 
the parameters used in the TRE equation in Sec. 63.115(d) of this 
subpart (flow rate, organic HAP emission rate, TOC emission rate, and 
net heating value) and the resulting TRE index value shall be submitted.
    (ii) The estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec. 63.150 (g) and (h) of 
this subpart. These parameter values, or as appropriate, limited ranges 
for the parameter values, shall be specified in the source's 
Implementation Plan (or operating permit) as enforceable operating 
conditions. Changes to these parameters must be reported as required by 
paragraph (i)(2)(ii) of this section.
    (iii) The estimated percent reduction if a control technology 
achieving a lower percent reduction than the efficiency of the reference 
control technology, as defined in Sec. 63.111 of this subpart, is or 
will be applied to the emission point.
    (iv) The anticipated nominal efficiency if a control technology 
achieving a greater percent emission reduction than the efficiency of 
the reference control technology is or will be applied to the emission 
point. The procedures in Sec. 63.150(i) of this subpart shall be 
followed to apply for a nominal efficiency.
    (v) The operating plan required in Sec. 63.122(a)(2) and (b) of this 
subpart for each storage vessel controlled with a closed-vent system 
with a control device other than a flare.
    (7) The information specified in Sec. 63.151(f) of this subpart 
shall be included in the Implementation Plan for:
    (i) Each process vent or transfer rack controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in Sec. 63.114, 
Sec. 63.126(b)(3), or Sec. 63.127 of this subpart, and
    (ii) Each storage vessel controlled by pollution prevention or a 
control technique other than an internal or external floating roof or a 
closed vent system with a control device.
    (8) Documentation of the information listed in paragraph (d)(8)(i) 
through (d)(8)(iv) for each process wastewater stream included in the 
average.
    (i) The information used to determine whether the wastewater stream 
is a Group 1 or Group 2 wastewater stream. This shall include the 
information specified in table 14a for wastewater streams at new sources 
and in table 14b for wastewater streams at new and existing sources.
    (ii) The estimated values of all parameters needed for input to the 
wastewater emission credit and debit calculations in Sec. 63.150 (g)(5) 
and (h)(5) of this subpart.
    (iii) The estimated percent reduction if:
    (A) A control technology that achieves an emission reduction less 
than or equal to the emission reduction achieved by the design steam 
stripper, as specified in Sec. 63.138(g) of this subpart, is or will be 
applied to the wastewater stream, or
    (B) A control technology achieving less than or equal to 95 percent 
emission reduction is or will be applied to the vapor stream(s) vented 
and collected from the treatment processes, or
    (C) A pollution prevention measure is or will be applied.
    (iv) The anticipated nominal efficiency if the owner or operator 
plans to apply for a nominal efficiency under

[[Page 557]]

Sec. 63.150(i) of this subpart. A nominal efficiency shall be applied 
for if:
    (A) A control technology is or will be applied to the wastewater 
stream and achieves an emission reduction greater than the emission 
reduction achieved by the design steam stripper as specified in 
Sec. 63.138(g) of this subpart, or
    (B) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (v) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP's from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.143 of this subpart, the information 
specified in Sec. 63.151(f) of this subpart shall be included in the 
Implementation Plan.
    (e) An owner or operator required to submit an Implementation Plan 
shall include in the Implementation Plan the information listed in 
paragraphs (e)(1) through (e)(5) of this section for emission points 
that are not included in an emissions average.
    (1) A list designating each emission point complying with 
Secs. 63.113 through 63.148 of this subpart.
    (i) Whether each emission point is Group 1 or Group 2, as defined in 
Sec. 63.111 of this subpart.
    (ii) For process wastewater, the information specified in table 14a 
for wastewater streams at new sources and in table 14b for wastewater 
streams at new and existing sources.
    (2) The control technology or method of compliance that will be 
applied to each Group 1 emission point.
    (3) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in Secs. 63.113 
through 63.148 of this subpart that are applicable to each emission 
point will be implemented beginning on the date of compliance.
    (4) The operating plan required in Sec. 63.122(a)(2) and (b) of this 
subpart for each storage vessel controlled with a closed vent system 
with a control device other than a flare.
    (5) The monitoring information in Sec. 63.151(f) of this subpart if, 
for any emission point, the owner or operator of a source seeks to 
comply through use of a control technique other than those for which 
monitoring parameters are specified in Sec. 63.114 for process vents, 
Sec. 63.127 for transfer, and Sec. 63.143 for process wastewater.
    (f) The owner or operator who has been directed by any section of 
this subpart to set unique monitoring parameters or who requests 
approval to monitor a different parameter than those listed in 
Sec. 63.114 for process vents, Sec. 63.127 for transfer, or Sec. 63.143 
for process wastewater shall submit the information specified in 
paragraphs (f)(1), (f)(2), and (f)(3) of this section with the 
Implementation Plan required in paragraphs (c), (d), and (e) of this 
section. An owner or operator who submits an operating permit 
application instead of an Implementation Plan shall submit the 
information specified in Sec. 63.152(e) with the operating permit 
application.
    (1) A description of the parameter(s) to be monitored to ensure the 
control technology or pollution prevention measure is operated in 
conformance with its design and achieves the specified emission limit, 
percent reduction, or nominal efficiency, and an explanation of the 
criteria used to select the parameter(s).
    (2) A description of the methods and procedures that will be used to 
demonstrate that the parameter indicates proper operation of the control 
device, the schedule for this demonstration, and a statement that the 
owner or operator will establish a range for the monitored parameter as 
part of the Notification of Compliance Status report required in 
Sec. 63.152(b) of this subpart, unless this information has already been 
included in the operating permit application.
    (3) The frequency and content of monitoring, recording, and 
reporting if monitoring and recording is not continuous, or if reports 
of daily average values when the monitored parameter value is outside 
the range established in the operating permit or Notification of 
Compliance Status will not be included in Periodic Reports required 
under Sec. 63.152(c) of this subpart. The rationale for the proposed 
monitoring, recording, and reporting system shall be included.

[[Page 558]]

    (g) An owner or operator may request approval to use alternatives to 
the continuous operating parameter monitoring and recordkeeping 
provisions listed in Secs. 63.114, 63.117, and 63.118 for process vents, 
Secs. 63.127, 63.129, and 63.130 for transfer operations, and 
Secs. 63.143, 63.146, and 63.147 for wastewater.
    (1) Requests shall be submitted in the Implementation Plan, if not 
already included in the operating permit application, and shall contain 
the information specified in paragraphs (g)(3) through (g)(5) of this 
section, as applicable.
    (2) The provisions in Sec. 63.8(f)(5)(i) of subpart A shall govern 
the review and approval of requests.
    (3) An owner or operator of a source that does not have an automated 
monitoring and recording system capable of measuring parameter values at 
least once every 15 minutes and generating continuous records may 
request approval to use a non-automated system with less frequent 
monitoring.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently than 
once per hour. Daily average values shall be calculated from these 
hourly values and recorded.
    (ii) The request shall contain:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the source does not have an automated 
monitoring and recording system;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control device 
operating conditions considering typical variability of the specific 
process and control device operating parameter being monitored.
    (4) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example once every 15 
minutes) but records all values that meet set criteria for variation 
from previously recorded values.
    (i) The requested system shall be designed to:
    (A) Measure the operating parameter value at least once every 15 
minutes.
    (B) Record at least four values each hour during periods of 
operation.
    (C) Record the date and time when monitors are turned off or on.
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (E) Compute daily average values of the monitored operating 
parameter based on recorded data.
    (F) If the daily average is not an excursion, as defined in 
Sec. 63.152(c)(2)(ii), the data for that operating day may be converted 
to hourly average values and the four or more individual records for 
each hour in the operating day may be discarded.
    (ii) The request shall contain a description of the monitoring 
system and data compression recording system, including the criteria 
used to determine which monitored values are recorded and retained, the 
method for calculating daily averages, and a demonstration that the 
system meets all criteria in paragraph (g)(4)(i) of this section.
    (5) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f) of subpart A of this part.
    (h) The owner or operator required to prepare an Implementation Plan 
under paragraph (c), (d), or (e) of this section shall also prepare a 
supplement to the Implementation Plan for any alternative controls or 
operating scenarios that may be used to achieve compliance.
    (i) The owner or operator of a source required to submit an 
Implementation Plan for emissions averaging under paragraphs (c) and (d) 
of this section shall also submit written updates of the Implementation 
Plan to the Administrator for approval under the circumstances described 
in paragraphs (i)(1) and (i)(2) of this section unless the relevant 
information has been included and submitted in an operating permit 
application or amendment.
    (1) The owner or operator who plans to make a change listed in 
paragraph (i)(1)(i) or (i)(1)(ii) of this section shall

[[Page 559]]

submit an Implementation Plan update at least 120 calendar days prior to 
making the change.
    (i) Whenever an owner or operator elects to achieve compliance with 
the emissions averaging provisions in Sec. 63.150 of this subpart by 
using a control technique other than that specified in the 
Implementation Plan or plans to monitor a different parameter or operate 
a control device in a manner other than that specified in the 
Implementation Plan.
    (ii) Whenever an emission point or a chemical manufacturing process 
unit is added to an existing source and is planned to be included in an 
emissions average, or whenever an emission point not included in the 
emissions average described in the Implementation Plan is to be added to 
an emissions average. The information in paragraph (d) of this section 
shall be updated to include the additional emission point.
    (2) The owner or operator who has made a change listed in paragraph 
(i)(2)(i) or (i)(2)(ii) of this section shall submit an Implementation 
Plan update within 90 calendar days after the information regarding the 
change is known to the source. The update may be submitted in the next 
quarterly Periodic Report if the change is made after the date the 
Notification of Compliance status is due.
    (i) Whenever a process change is made such that the group status of 
any emission point in an emissions average changes.
    (ii) Whenever a value of a parameter in the emission credit or debit 
equations in Sec. 63.150(g) or (h) changes such that it is outside the 
range specified in the Implementation Plan and causes a decrease in the 
projected credits or an increase in the projected debits.
    (3) The Administrator shall approve or request changes to the 
Implementation Plan update within 120 calendar days of receipt of 
sufficient information regarding the change for emission points included 
in emissions averages.
    (j) The owner or operator of a source required to submit an 
Implementation Plan under paragraphs (c) and (e) of this section, for 
emission points that are not included in an emissions average, shall 
also submit written updates of the Implementation Plan to the 
Administrator under the circumstances described in paragraphs (j)(1), 
(j)(2), and (j)(3) of this section unless the relevant information has 
been included and submitted in an operating permit application or 
amendment. The information shall be submitted within 180 calendar days 
after the change is made or the information regarding the change is 
known to the source. The update may be submitted in the next Periodic 
Report if the change is made after the date the Notification of 
Compliance status is due.
    (1) Whenever a process change is made such that the group status of 
any emission point changes. The information submitted shall include a 
compliance schedule as specified in Sec. 63.100 of subpart F if the 
emission point becomes Group 1.
    (2) Whenever an owner or operator elects to achieve compliance with 
this subpart by using a control technique other than that specified in 
the Implementation Plan or plans to monitor a different parameter or 
operate a control device in a manner other than that specified in the 
Implementation Plan.
    (3) Whenever an emission point or a chemical manufacturing process 
unit is added to a source, a written addendum to the Implementation Plan 
containing information in paragraph (e) of this section on the new 
emission point shall be submitted.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 
61 FR 7718, Feb. 29, 1996]



Sec. 63.152  General reporting and continuous records.

    (a) The owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (a)(1) through (a)(5) of this 
section and keep continuous records of monitored parameters as specified 
in paragraph (f) of this section. Owners or operators requesting an 
extension of compliance shall also submit the report described in 
Sec. 63.151(a)(6) of this subpart.
    (1) An Initial Notification described in Sec. 63.151(b) of this 
subpart.
    (2) An Implementation Plan described in Sec. 63.151 (c), (d), and 
(e) of this subpart, unless an operating permit application has been 
submitted prior to

[[Page 560]]

the date the Implementation Plan is due.
    (3) A Notification of Compliance Status described in paragraph (b) 
of this section.
     (4) Periodic Reports described in paragraph (c) of this section.
    (5) Other reports described in paragraphs (d) and (e) of this 
section.
    (b) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status within 150 calendar days 
after the compliance dates specified in Sec. 63.100 of subpart F of this 
part.
    (1) The notification shall include the results of any emission point 
group determinations, performance tests, inspections, continuous 
monitoring system performance evaluations, values of monitored 
parameters established during performance tests, and any other 
information used to demonstrate compliance or required to be included in 
the Notification of Compliance Status under Sec. 63.117 for process 
vents, Sec. 63.122 for storage vessels, Sec. 63.129 for transfer 
operations, Sec. 63.146 for process wastewater, and Sec. 63.150 for 
emission points included in an emissions average.
    (i) For performance tests and group determinations that are based on 
measurements, the Notification of Compliance Status shall include one 
complete test report for each test method used for a particular kind of 
emission point. For additional tests performed for the same kind of 
emission point using the same method, the results and any other 
information required in Sec. 63.117 for process vents, Sec. 63.129 for 
transfer, and Sec. 63.146 for process wastewater shall be submitted, but 
a complete test report is not required.
    (ii) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and laboratory 
analyses, documentation of calculations, and any other information 
required by the test method.
    (2) For each monitored parameter for which a range is required to be 
established under Sec. 63.114 for process vents, Sec. 63.120(d) for 
storage, Sec. 63.127 for transfer, Sec. 63.143 for process wastewater, 
Sec. 63.150(m) for emission points in emissions averages, or 
Sec. 63.151(f), or Sec. 63.152(e) of this subpart, the Notification of 
Compliance Status shall include the information in paragraphs (b)(2)(i), 
(b)(2)(ii), and (b)(2)(iii) of this section, unless the range and the 
operating day definition have been established in the operating permit.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to develop 
the range and a description of why the range indicates proper operation 
of the control device.
    (A) If a performance test is required by this subpart for a control 
device, the range shall be based on the parameter values measured during 
the performance test supplemented by engineering assessments and 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of permitted parameter values.
    (B) If a performance test is not required by this subpart for a 
control device, the range may be based solely on engineering assessments 
and manufacturer's recommendations.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (3) For emission points included in an emissions average, the 
Notification of Compliance Status shall include the values of all 
parameters needed for input to the emission credit and debit equations 
in Sec. 63.150 (g) and (h), calculated or measured according to the 
procedures in Sec. 63.150 (g) and (h) of this subpart, and the resulting 
calculation of credits and debits for the first quarter of the year. The 
first quarter begins on the compliance date specified in Sec. 63.100 of 
subpart F.

[[Page 561]]

    (4) If any emission point is subject to this subpart and to other 
standards as specified in Sec. 63.110 of this subpart and if the 
provisions of Sec. 63.110 of this subpart allow the owner or operator to 
choose which testing, monitoring, reporting, and recordkeeping 
provisions will be followed, then the Notification of Compliance Status 
shall indicate which rule's requirements will be followed for testing, 
monitoring, reporting, and recordkeeping.
    (c) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports.
    (1) Except as specified under paragraphs (c)(5) and (c)(6) of this 
section, a report containing the information in paragraphs (c)(2), 
(c)(3), and (c)(4) of this section shall be submitted semiannually no 
later than 60 calendar days after the end of each 6-month period. The 
first report shall be submitted no later than 8 months after the date 
the Notification of Compliance Status is due and shall cover the 6-month 
period beginning on the date the Notification of Compliance Status is 
due.
    (2) For an owner or operator of a source complying with the 
provisions of Secs. 63.113 through 63.147 of this subpart for any 
emission points, Periodic Reports shall include all information 
specified in Secs. 63.117 and 63.118 for process vents, Sec. 63.122 for 
storage vessels, Secs. 63.129 and 63.130 for transfer operations, and 
Sec. 63.146 for process wastewater, including reports of periods when 
monitored parameters are outside their established ranges.
    (i) For each parameter or parameters required to be monitored for a 
control device, the owner or operator shall establish a range of 
parameter values to ensure that the device is being applied, operated 
and maintained properly. As specified in paragraph (b)(2) of this 
section, these parameter values and the definition of an operating day 
shall be approved as part of and incorporated into the source's 
Notification of Compliance Status or operating permit, as appropriate.
    (ii) The parameter monitoring data for Group 1 emission points and 
emission points included in emissions averages that are required to 
perform continuous monitoring shall be used to determine compliance with 
the required operating conditions for the monitored control devices. For 
each excursion, except for excused excursions, the owner or operator 
shall be deemed to have failed to have applied the control in a manner 
that achieves the required operating conditions.
    (A) An excursion means any of the three cases listed in paragraphs 
(c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of this section. 
For a control device where multiple parameters are monitored, if one or 
more of the parameters meets the excursion criteria in paragraphs 
(c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3), this is 
considered a single excursion for the control device.
    (1) When the daily average value of one or more monitored parameters 
is outside the permitted range.
    (2) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data for at least 75 percent of the operating 
hours.
    (3) When the period of control device operation is less than 4 hours 
in an operating day and more than one of the hours during the period of 
operation does not constitute a valid hour of data due to insufficient 
monitoring data.
    (4) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (c)(2)(ii)(A)(2) and (c)(2)(ii)(A)(3) of 
this section, if measured values are unavailable for any of the 15-
minute periods within the hour. For data compression systems approved 
under Sec. 63.151(g)(4), monitoring data are insufficient to calculate a 
valid hour of data if there are less than 4 data values recorded during 
the hour.
    (B) The number of excused excursions for each control device for 
each semiannual period is specified in paragraphs (c)(2)(ii)(B)(1) 
through (c)(2)(ii)(B)(6) of this section. This paragraph applies to 
sources required to submit Periodic Reports semiannually or quarterly. 
The first semiannual period is the 6-month period starting the date the 
Notification of Compliance Status is due.
    (1) For the first semiannual period--six excused excursions.
    (2) For the second semiannual period--five excused excursions.

[[Page 562]]

    (3) For the third semiannual period--four excused excursions.
    (4) For the fourth semiannual period--three excused excursions.
    (5) For the fifth semiannual period--two excused excursions.
    (6) For the sixth and all subsequent semiannual periods--one excused 
excursion.
    (C) If a monitored parameter is outside its established range or 
monitoring data are not collected during start-up, shutdown, or 
malfunction, and the source is operated during such periods in 
accordance with the source's start-up, shutdown, and malfunction plan as 
required by Sec. 63.6(e)(3) of subpart A, then the monitoring parameter 
excursion does not count toward the number of excused excursions for 
determining compliance and is not a violation.
    (D) Nothing in paragraph (c)(2)(ii) of this section shall be 
construed to allow or excuse a monitoring parameter excursion caused by 
any activity that violates other applicable provisions of subpart A, F, 
or G of this part.
    (E) Paragraph (c)(2)(ii) of this section shall apply only to 
emission points and control devices for which continuous monitoring is 
required by Secs. 63.113 through 63.150 of this subpart.
    (iii) Periodic Reports shall include the daily average values of 
monitored parameters for both excused and unexcused excursions, as 
defined in paragraph (c)(2)(ii)(A) of this section. For excursions 
caused by lack of monitoring data, the duration of periods when 
monitoring data were not collected shall be specified.
    (3) If any performance tests are reported in a Periodic Report, the 
following information shall be included:
    (i) One complete test report shall be submitted for each test method 
used for a particular kind of emission point tested. A complete test 
report shall contain the information specified in paragraph (b)(1)(ii) 
of this section.
    (ii) For additional tests performed for the same kind of emission 
point using the same method, results and any other information required 
in Sec. 63.117 for process vents, Sec. 63.129 for transfer, and 
Sec. 63.146 for process wastewater shall be submitted, but a complete 
test report is not required.
    (4) Periodic Reports shall include the information in paragraphs 
(c)(4)(i) through (c)(4)(iii) of this section, as applicable:
    (i) For process vents, reports of process changes as required under 
Sec. 63.118 (g), (h), (i), and (j) of this subpart,
    (ii) Any supplements to the Implementation Plan required under 
Sec. 63.151 (i) and (j) of this subpart,
    (iii) Notification if any Group 2 emission point becomes a Group 1 
emission point, including a compliance schedule as required in 
Sec. 63.100 of subpart F,
    (5) The owner or operator of a source shall submit quarterly reports 
for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status no later than 5 
months after the compliance date specified in Sec. 63.100 of subpart F.
    (ii) The quarterly reports shall include the information specified 
in this paragraph for all emission points included in an emissions 
average.
    (A) The credits and debits calculated each month during the quarter;
    (B) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as required 
under Sec. 63.150(e)(4) of this subpart.
    (C) The values of any inputs to the credit and debit equations in 
Sec. 63.150 (g) and (h) of this subpart that change from month to month 
during the quarter or that have changed since the previous quarter;
    (D) Results of any performance tests conducted during the reporting 
period including one complete report for each test method used for a 
particular kind of emission point as described in paragraph (c)(3) of 
this section;
    (E) Reports of daily average values of monitored parameters for both 
excused and unexcused excursions as defined in paragraph (c)(2)(ii)(A) 
of this section. For excursions caused by lack of monitoring data, the 
duration of periods when monitoring data were not collected shall be 
specified.

[[Page 563]]

    (F) Any other information the source is required to report under the 
operating permit or Implementation Plan for the source.
    (iii) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall 
govern the use of monitoring data to determine compliance for Group 1 
and Group 2 points included in emissions averages.
    (iv) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec. 63.150(e)(3) of this subpart; and
    (B) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.150 of this subpart.
    (6) The owner or operator of a source shall submit reports quarterly 
for particular emission points not included in an emissions average 
under the circumstances described in paragraphs (c)(6)(i) through 
(c)(6)(v) of this section.
    (i) The owner or operator of a source subject to this subpart shall 
submit quarterly reports for a period of one year for an emission point 
that is not included in an emissions average if:
    (A) The emission point has more excursions, as defined in paragraph 
(c)(2)(ii) of this section, than the number of excused excursions 
allowed under paragraph (c)(2)(ii)(B) of this section for a semiannual 
reporting period; and
    (B) The Administrator requests the owner or operator to submit 
quarterly reports for the emission point.
    (ii) The quarterly reports shall include all information in 
paragraphs (c)(2), (c)(3), and (c)(4) of this section applicable to the 
emission point(s) for which quarterly reporting is required under 
paragraph (c)(6)(i) of this section. Information applicable to other 
emission points within the source shall be submitted in the semiannual 
reports required under paragraph (c)(1) of this section.
    (iii) Quarterly reports shall be submitted no later than 60 calendar 
days after the end of each quarter.
    (iv) After quarterly reports have been submitted for an emission 
point for one year, the owner or operator may return to semiannual 
reporting for the emission point unless the Administrator requests the 
owner or operator to continue to submit quarterly reports.
    (v) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall 
govern the use of monitoring data to determine compliance for Group 1 
emission points.
    (d) Other reports shall be submitted as specified in subpart A of 
this part or in Secs. 63.113 through 63.151 of this subpart. These 
reports are:
    (1) Reports of start-up, shutdown, and malfunction required by 
Sec. 63.10(d)(5) of subpart A. The semi-annual start-up, shutdown and 
malfunction reports may be submitted on the same schedule as the 
Periodic Reports required under paragraph (c) of this section instead of 
the schedule specified in Sec. 63.10(d)(5)(i) of subpart A.
    (2) For storage vessels, the notifications of inspections required 
by Sec. 63.122 (h)(1) and (h)(2) of this subpart.
    (3) For owners or operators of sources required to request approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average, the information specified in Sec. 63.150(i) of this 
subpart.
    (e) An owner or operator who submits an operating permit application 
instead of an Implementation Plan shall submit the following information 
with the operating permit application:
    (1) The information specified in Sec. 63.151 (f) or (g) of this 
subpart for any emission points for which the owner or operator requests 
approval to monitor a unique parameter or use an alternative monitoring 
and recording system, and
    (2) The information specified in Sec. 63.151(d) of this subpart for 
points included in an emissions average.
    (3) The information specified in Sec. 63.151(e) of this subpart for 
points not included in an emissions average.
    (4) The information specified in Sec. 63.151(h) as applicable.
    (f) Owners or operators required to keep continuous records by 
Secs. 63.118, 63.130, 63.147, 63.150, or other sections of this subpart 
shall keep records as specified in paragraphs (f)(1) through (f)(7) of 
this section, unless an alternative recordkeeping system has been 
requested and approved under Sec. 63.151 (f) or (g) or Sec. 63.152(e) of 
this subpart or under Sec. 63.8(f) of subpart A of this part.

[[Page 564]]

    (1) The monitoring system shall measure data values at least once 
every 15 minutes.
    (2) The owner or operator shall record either:
    (i) Each measured data value; or
    (ii) Block average values for 15-minute or shorter periods 
calculated from all measured data values during each period.
    (3) If the daily average value of a monitored parameter for a given 
operating day is within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator shall 
either:
    (i) Retain block hourly average values for that operating day for 5 
years and discard, at or after the end of that operating day, the 15-
minute or more frequent average values and readings recorded under 
paragraph (f)(2) of this section; or
    (ii) Retain the data recorded in paragraph (f)(2) of this section 
for 5 years.
    (4) If the daily average value of a monitored parameter for a given 
operating day is outside the range established in the Notification of 
Compliance Status or operating permit, the owner or operator shall 
retain the data recorded that operating day under paragraph (f)(2) of 
this section for 5 years.
    (5) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day, and retained for 5 years, 
except as specified in paragraph (f)(6) of this section.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per operating day if operation is not 
continuous.
    (ii) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status. It may be from midnight 
to midnight or another daily period.
    (6) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status or operating permit, the owner or operator may record 
that all values were within the range and retain this record for 5 years 
rather than calculating and recording a daily average for that operating 
day. For these operating days, the records required in paragraph (f)(3) 
of this section shall also be retained for 5 years.
    (7) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in any average computed under 
this subpart. Records shall be kept of the times and durations of all 
such periods and any other periods during process or control device 
operation when monitors are not operating.

[59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63629, Dec. 12, 1995]

                Appendix to Subpart G--Tables and Figures

[[Page 565]]



         Table 1.--Process Vents--Coefficients for Total Resource Effectiveness for Existing Source Nonhalogenated and Halogenated Vent Streams         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Values of Coefficients                                     
        Type of Stream           Control Device Basis  -------------------------------------------------------------------------------------------------
                                                           a                   b                             c                            d             
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonhalogenated...............  Flare..................    1.935  3.660 x 10-1                  -7.687 x 10-3                 -7.333 x 10-4              
                               Thermal Incinerator 0      1.492  6.267 x 10-2                  3.177 x 10-2                  -1.159 x 10-3              
                                Percent Heat Recovery.                                                                                                  
                               Thermal Incinerator 70     2.519  1.183 x 10-2                  1.300 x 10-2                  4.790 x 10-2               
                                Percent Heat Recovery.                                                                                                  
Halogenated..................  Thermal Incinerator and    3.995  5.200 x 10-2                  -1.769 x 10-3                 9.700 x 10-4               
                                Scrubber.                                                                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------



            Table 2.--Process Vents--Coefficients for Total Resource Effectiveness for New Source Nonhalogenated and Halogenated Vent Streams           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Values of Coefficients                                     
        Type of stream           Control device basis  -------------------------------------------------------------------------------------------------
                                                           a                   b                             c                            d             
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonhalogenated...............  Flare..................   0.5276  0.0998                        -2.096 x 10-3                 -2.000 x 10-4              
                               Thermal Incinerator 0     0.4068  0.0171                        8.664 x 10-3                  -3.162 x 10-4              
                                Percent Heat Recovery.                                                                                                  
                               Thermal Incinerator 70    0.6868  3.209 x 10-3                  3.546 x 10-3                  1.306 x 10-2               
                                Percent Heat Recovery.                                                                                                  
Halogenated..................  Thermal Incinerator and   1.0895  1.417 x 10-2                  -4.822 x 10-4                 2.645 x 10-4               
                                Scrubber.                                                                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[Page 566]]


  Table 3.--Process Vents--Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98 Weight-  
          Percent Reduction of Total Organic HAP Emissions or a Limit of 20 Parts per Million by Volume         
----------------------------------------------------------------------------------------------------------------
                                          Parameters to be  monitored   Recordkeeping and reporting requirements
             Control device                            a                        for monitored parameters        
----------------------------------------------------------------------------------------------------------------
Thermal Incinerator.....................  Firebox temperature b        1. Continuous records c.                 
                                           [63.114(a)(1)(i)].          2. Record and report the firebox         
                                                                        temperature averaged over the full      
                                                                        period of the performance test NCS d.   
                                                                       3. Record the daily average firebox      
                                                                        temperature for each operating day e.   
                                                                       4. Report all daily average temperatures 
                                                                        that are outside the range established  
                                                                        in the NCS or operating permit and all  
                                                                        operating days when insufficient        
                                                                        monitoring data are collected f--PR g.  
Catalytic Incinerator...................  Temperature upstream and     1. Continuous records                    
                                           downstream of the catalyst  2. Record and report the upstream and    
                                           bed [63.114(a)(1)(ii)].      downstream temperatures and the         
                                                                        temperature difference across the       
                                                                        catalyst bed averaged over the full     
                                                                        period of the performance test--NCS.    
                                                                       3. Record the daily average upstream     
                                                                        temperature and temperature difference  
                                                                        across catalyst bed for each operating  
                                                                        day e.                                  
                                                                       4. Report all daily average upstream     
                                                                        temperatures that are outside the range 
                                                                        established in the NCS or operating     
                                                                        permit--PR.                             
                                                                       5. Report all daily average temperature  
                                                                        differences across the catalyst bed that
                                                                        are outside the range established in the
                                                                        NCS or operating permit--PR.            
                                                                       6. Report all operating days when        
                                                                        insufficient monitoring data are        
                                                                        collected f.                            
Boiler or Process Heater with a design    Firebox temperature b.       1. Continuous records.                   
 heat input capacity less than 44          [63.114(a)(3)].             2. Record and report the firebox         
 megawatts and Vent Stream is not                                       temperature averaged over the full      
 introduced with or as the primary fuel.                                period of the performance test--NCS     
                                                                       3. Record the daily average firebox      
                                                                        temperature for each operating day e.   
                                                                       4. Report all daily average firebox      
                                                                        temperatures that are outside the range 
                                                                        established in the NCS or operating     
                                                                        permit and all operating days when      
                                                                        insufficient monitoring data are        
                                                                        collected f--PR.                        
                                                                                                                
Flare...................................  Presence of a flame at the   1. Hourly records of whether the monitor 
                                           pilot light [63.114(a)(2)].  was continuously operating and whether  
                                                                        the pilot flame was continuously present
                                                                        during each hour.                       
                                                                       2. Record and report the presence of a   
                                                                        flame at the pilot light over the full  
                                                                        period of the compliance determination--
                                                                        NCS.                                    
                                                                       3. Record the times and durations of all 
                                                                        periods when a pilot flame is absent or 
                                                                        the monitor is not operating.           
                                                                       4. Report the times and durations of all 
                                                                        periods when all pilot flames of a flare
                                                                        are absent--PR                          
Scrubber for Halogenated Vent Streams     pH of scrubber effluent      1. Continuous records.                   
 (Note: Controlled by a combustion         [63.114(a)(4)(i)], and.     2. Record and report the pH of the       
 device other than a flare).                                            scrubber effluent averaged over the full
                                                                        period of the performance test--NCS.    
                                                                       3. Record the daily average pH of the    
                                                                        scrubber effluent for each operating day
                                                                        e.                                      
                                                                       4. Report all daily average pH values of 
                                                                        the scrubber effluent that are outside  
                                                                        the range established in the NCS or     
                                                                        operating permit and all operating days 
                                                                        when insufficient monitoring data are   
                                                                        collected f--PR.                        
Scrubber for Halogenated Vent Streams     Scrubber liquid and gas      1. Continuous records.                   
 (Note: Controlled by a combustion         flow rates                  2. Record and report the scrubber liquid/
 device other than a flare) (Continued).   [63.114(a)(4)(ii)].          gas ratio averaged over the full period 
                                                                        of the performance test--NCS.           
                                                                       3. Record the daily average scrubber     
                                                                        liquid/gas ratio for each operating day 
                                                                        e.                                      
                                                                       4. Report all daily average scrubber     
                                                                        liquid/gas ratios that are outside the  
                                                                        range established in the NCS or         
                                                                        operating permit and all operating days 
                                                                        when insufficient monitoring data are   
                                                                        collected f--PR.                        
                                                                       .........................................
                                                                                                                
All Control Devices.....................  Presence of flow diverted    1. Hourly records of whether the flow    
                                           to the atmosphere from the   indicator was operating and whether flow
                                           control device               was detected at any time during each    
                                           [63.114(d)(1)] or.           hour.                                   
                                                                       2. Record and report the times and       
                                                                        durations of all periods when the vent  
                                                                        stream is diverted through a bypass line
                                                                        or the monitor is not operating--PR.    

[[Page 567]]

                                                                                                                
                                          Monthly inspections of       1. Records that monthly inspections were 
                                           sealed valves                performed.                              
                                           [63.114(d)(2)].             2. Record and report all monthly         
                                                                        inspections that show the valves are not
                                                                        closed or the seal has been changed--PR.
                                                                                                                
----------------------------------------------------------------------------------------------------------------
a Regulatory citations are listed in brackets.                                                                  
b Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any   
  substantial heat exchange is  encountered.                                                                    
c ``Continuous records'' is defined in Sec.  63.111 of this subpart.                                            
dNCS=Notification of Compliance Status described in Sec.  63.152 of this subpart.                               
e The daily average is the average of all recorded parameter values for the operating day. If all recorded      
  values during an operating day are within the range established in the NCS or operating permit, a statement to
  this effect can be recorded instead of the daily average.                                                     
f The periodic reports shall include the duration of periods when monitoring data is not collected for each     
  excursion as defined in Sec.  63.152(c)(2)(ii)(A) of this subpart.                                            
g PR=Periodic Reports described in Sec.  63.152 of this subpart.                                                


[[Page 568]]


   Table 4.--Process Vents--Monitoring, Recordkeeping, and Reporting Requirements for Maintaining a  TRE Index  
                                               Value >1.0 and 4.0                                               
----------------------------------------------------------------------------------------------------------------
                                                                                 Recordkeeping and reporting    
       Final recovery device              Parameters to be monitored a           requirements for monitored     
                                                                                         parameters             
----------------------------------------------------------------------------------------------------------------
Absorber b.........................  Exit temperature of the absorbing      1. Continuous records.c             
                                      liquid [63.114(b)(1)], and.           2. Record and report the exit       
                                                                             temperature of the absorbing liquid
                                                                             averaged over the full period of   
                                                                             the TRE  determination--NCS.d      
                                                                            3. Record the daily average exit    
                                                                             temperature of the absorbing liquid
                                                                             for each operating day.e           
                                                                            4. Report all the daily average exit
                                                                             temperatures of the absorbing      
                                                                             liquid that are outside the range  
                                                                             established in the NCS or operating
                                                                             permit--PR.f                       
                                     Exit specific gravity [63.114(b)(1)].  1. Continuous records.              
                                                                            2. Record and report the exit       
                                                                             specific gravity averaged over the 
                                                                             full period of the TRE             
                                                                             determination--NCS.                
                                                                            3. Record the daily average exit    
                                                                             specific gravity for each operating
                                                                             day.e                              
                                                                            4. Report all daily average exit    
                                                                             specific gravity values that are   
                                                                             outside the range established in   
                                                                             the NCS or operating permit--PR.   
Condenser d........................  Exit (product side) temperature        1. Continuous records.              
                                      [63.114(b)(2)].                       2. Record and report the exit       
                                                                             temperature averaged over the full 
                                                                             period of the TRE determination--  
                                                                             NCS.                               
                                                                            3. Record the daily average exit    
                                                                             temperature for each operating     
                                                                             day.e                              
                                                                            4. Report all daily average exit    
                                                                             temperatures that are outside the  
                                                                             range established in the NCS or    
                                                                             operating permit--PR.              
Carbon Adsorber d..................  Total regeneration stream mass flow    1. Record of total regeneration     
                                      during carbon bed regeneration         stream mass flow for each carbon   
                                      cycle(s) [63.114(b)(3)], and           bed regeneration cycle.            
                                                                            2. Record and report the total      
                                                                             regeneration stream mass flow      
                                                                             during each carbon bed regeneration
                                                                             cycle during the period of the TRE 
                                                                             determination--NCS.                
                                                                            3. Report all carbon bed            
                                                                             regeneration cycles when the total 
                                                                             regeneration stream mass flow is   
                                                                             outside the range established in   
                                                                             the NCS or operating permit--PR.   
                                     Temperature of the carbon bed after    1. Records of the temperature of the
                                      regeneration [and within 15 minutes    carbon bed after each regeneration.
                                      of completing any cooling cycle(s)]   2. Record and report the temperature
                                      [63.114(b)(3)].                        of the carbon bed after each       
                                                                             regeneration during the period of  
                                                                             the TRE determination--NCS.        
                                                                            3. Report all carbon bed            
                                                                             regeneration cycles during which   
                                                                             temperature of the carbon bed after
                                                                             regeneration is outside the range  
                                                                             established in the NCS or operating
                                                                             permit--PR.                        
All Recovery Devices (as an          Concentration level or reading         1. Continuous records.              
 alternative to the above)..          indicated by an organic monitoring    2. Record and report the            
                                      device at the outlet of the recovery   concentration level or reading     
                                      device.                                averaged over the full period of   
                                                                             the TRE determination--NCS.        
                                                                            3. Record the daily average         
                                                                             concentration level or reading for 
                                                                             each operating day.e               
                                                                            4. Report all daily average         
                                                                             concentration levels or readings   
                                                                             that are outside the range         
                                                                             established in the NCS or operating
                                                                             permit--PR.                        
----------------------------------------------------------------------------------------------------------------
a Regulatory citations are listed in brackets.                                                                  
b Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of    
  this table under ``All Recovery Devices.''                                                                    
c ``Continuous records'' is defined in Sec.  63.111 of this subpart.                                            
d NCS=Notification of Compliance Status described in Sec.  63.152 of this subpart.                              

[[Page 569]]

                                                                                                                
e The daily average is the average of all values recorded during the operating day. If all recorded values      
  during an operating day are within the range established in the NCS or operating permit, a statement to this  
  effect can be recorded instead of the daily average.                                                          
f PR=Periodic Reports described in Sec.  63.152 of this subpart.                                                


[[Page 570]]


          Table 5.--Group 1 Storage Vessels at Existing Sources         
------------------------------------------------------------------------
                                                               Vapor    
              Vessel capacity (cubic meters)                Pressure \1\
                                                           (kilopascals)
------------------------------------------------------------------------
75  capacity <151.............................  13
                                                                    .1  
151  capacity.................................  5.
                                                                    2   
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at storage         
  temperature.                                                          


            Table 6.--Group 1 Storage Vessels at New Sources            
------------------------------------------------------------------------
                                                    Vapor pressure a    
       Vessel capacity  (cubic meters)               (kilopascals)      
------------------------------------------------------------------------
38  capacity<151..................  13.1          
151  capacity.....................  0.7           
------------------------------------------------------------------------
a Maximum true vapor pressure of total organic HAP at storage           
  temperature.                                                          


   Table 7.--Transfer Operations--Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98   
      Weight-Percent Reduction of Total Organic HAP Emissions or a Limit of 20 Parts per Million by Volume      
----------------------------------------------------------------------------------------------------------------
                                           Parameters to be monitored   Recordkeeping and reporting requirements
             Control device                            a                        for monitored parameters        
----------------------------------------------------------------------------------------------------------------
Thermal Incinerator.....................  Firebox temperature b        1. Continuous records c during loading.  
                                           [63.127(a)(1)(i)].          2. Record and report the firebox         
                                                                        temperature averaged over the full      
                                                                        period of the performance test--NCS.d   
                                                                       3. Record the daily average firebox      
                                                                        temperature for each operating day.e    
                                                                       4. Report daily average temperatures that
                                                                        are outside the range established in the
                                                                        NCS or operating permit and all         
                                                                        operating days when insufficient        
                                                                        monitoring data are collected f--PR.g   
Catalytic Incinerator...................  Temperature upstream and     1. Continuous records during loading.    
                                           downstream of the catalyst  2. Record and report the upstream and    
                                           bed [63.127(a)(1)(ii)].      downstream temperatures and the         
                                                                        temperature difference across the       
                                                                        catalyst bed averaged over the full     
                                                                        period of the performance test--NCS.    
                                                                       3. Record the daily average upstream     
                                                                        temperature and temperature difference  
                                                                        across catalyst bed for each operating  
                                                                        day.e                                   
                                                                       4. Report all daily average upstream     
                                                                        temperatures that are outside the range 
                                                                        established in the NCS or operating     
                                                                        permit--PR.                             
                                                                       5. Report all daily average temperature  
                                                                        differences across the catalyst bed that
                                                                        are outside the range established in the
                                                                        NCS or operating permit--PR.            
                                                                       6. Report all operating days when        
                                                                        insufficient monitoring data are        
                                                                        collected.f                             
Boiler or Process Heater with a design    Firebox temperature b        1. Continuous records during loading.    
 heat input capacity less than 44          [63.127(a)(3)].             2. Record and report the firebox         
 megawatts and vent stream is not                                       temperature averaged over the full      
 introduced with or as the primary fuel.                                period of the performance test--NCS.    
                                                                       3. Record the daily average firebox      
                                                                        temperature for each operating day.e    
                                                                       4. Report all daily average firebox      
                                                                        temperatures that are outside the range 
                                                                        established in the NCS or operating     
                                                                        permit and all operating days when      
                                                                        insufficient data are collected f--PR.  
Flare...................................  Presence of a flame at the   1. Hourly records of whether the monitor 
                                           pilot light                  was continuously operating and whether  
                                           [63.127(a)(2)]..             the pilot flame was continuously present
                                                                        during each hour.                       
                                                                       2. Record and report the presence of a   
                                                                        flame at the pilot light over the full  
                                                                        period of the compliance determination--
                                                                        NCS.                                    
                                                                       3. Record the times and durations of all 
                                                                        periods when a pilot flame is absent or 
                                                                        the monitor is not operating.           
                                                                       4. Report the duration of all periods    
                                                                        when all pilot flames of a flare are    
                                                                        absent--PR.                             

[[Page 571]]

                                                                                                                
Scrubber for Halogenated Vent Streams     pH of scrubber effluent      1. Continuous records during loading.    
 (Note: Controlled by a combustion         [63.127(a)(4)(i)], and.     2. Record and report the pH of the       
 device other than a flare).                                            scrubber effluent averaged over the full
                                                                        period of the performance test--NCS.    
                                                                       3. Record the daily average pH of the    
                                                                        scrubber effluent for each operating    
                                                                        day.e                                   
                                                                       4. Report all daily average pH values of 
                                                                        the scrubber effluent that are outside  
                                                                        the range established in the NCS or     
                                                                        operating permit and all operating days 
                                                                        when insufficient monitoring data are   
                                                                        collected f--PR.                        
Scrubber for Halogenated Vent Streams     Scrubber liquid and gas      1. Continuous records during loading.    
 (Note: Controlled by a combustion         flow rates                  2. Record and report the scrubber liquid/
 device other than a flare) (Continued).   [63.127(a)(4)(ii)].          gas ratio averaged over the full period 
                                                                        of the performance test--NCS.           
                                                                       3. Record the daily average scrubber     
                                                                        liquid/gas ratio for each operating     
                                                                        day.e                                   
                                                                       4. Report all daily average scrubber     
                                                                        liquid/gas ratios that are outside the  
                                                                        range established in the NCS or         
                                                                        operating permit and all operating days 
                                                                        when insufficient monitoring data are   
                                                                        collected f-PR.                         
Absorber h..............................  Exit temperature of the      1. Continuous records during loading.    
                                           absorbing liquid            2. Record and report the exit temperature
                                           [63.127(b)(1)], and          of the absorbing liquid averaged over   
                                                                        the full period of the performance test--
                                                                        NCS.                                    
                                                                       3. Record the daily average exit         
                                                                        temperature of the absorbing liquid for 
                                                                        each operating day.e                    
                                                                       4. Report all daily average exit         
                                                                        temperatures of the absorbing liquid    
                                                                        that are outside the range established  
                                                                        in the NCS or operating permit and all  
                                                                        operating days when insufficient        
                                                                        monitoring data are collected f--PR.    
                                          Exit specific gravity        1. Continuous records during loading.    
                                           [63.127(b)(1)].             2. Record and report the exit specific   
                                                                        gravity averaged over the full period of
                                                                        the performance test--NCS.              
                                                                       3. Record the daily average exit specific
                                                                        gravity for each operating day.e        
Absorber h (Continued)..................  Exit specific gravity                                                 
                                           [63.127(b)(1)] (continued).                                          
                                                                       4. Report all daily average exit specific
                                                                        gravity values that are outside the     
                                                                        range established in the NCS or         
                                                                        operating permit and all operating days 
                                                                        when insufficient monitoring data are   
                                                                        collected f--PR.                        
Condenser h.............................  Exit (product side)          1. Continuous records during loading.    
                                           temperature [63.127(b)(2)]. 2. Record and report the exit temperature
                                                                        averaged over the full period of the    
                                                                        performance test--NCS.                  
                                                                       3. Record the daily average exit         
                                                                        temperature for each operating day.e    
                                                                       4. Report all daily average exit         
                                                                        temperatures that are outside the range 
                                                                        established in the NCS or operating     
                                                                        permit and all operating days when      
                                                                        insufficient monitoring data are        
                                                                        collected f--PR.                        
Carbon Adsorber h.......................  Total regeneration stream    1. Record of total regeneration stream   
                                           mass flow during carbon      mass flow for each carbon bed           
                                           bed regeneration cycle(s)    regeneration cycle.                     
                                           [63.127(b)(3)], and         2. Record and report the total           
                                                                        regeneration stream mass flow during    
                                                                        each carbon bed regeneration cycle      
                                                                        during the period of the performance    
                                                                        test--NCS.                              
                                                                       3. Report all carbon bed regeneration    
                                                                        cycles when the total regeneration      
                                                                        stream mass flow is outside the range   
                                                                        established in the NCS or operating     
                                                                        permit and all operating days when      
                                                                        insufficient monitoring data are        
                                                                        collected f--PR.                        
Carbon Adsorber h (Continued)...........  Temperature of the carbon    1. Records of the temperature of the     
                                           bed after regeneration       carbon bed after each regeneration.     
                                           (and within 15 minutes of   2. Record and report the temperature of  
                                           completing any  cooling      the carbon bed after each regeneration  
                                           cycle(s)) [63.127(b)(3)].    during the period of the performance    
                                                                        test--NCS.                              
                                                                       3. Report all the carbon bed regeneration
                                                                        cycles during which the temperature of  
                                                                        the carbon bed after regeneration is    
                                                                        outside the range established in the NCS
                                                                        or operating permit and all operating   
                                                                        days when insufficient monitoring data  
                                                                        are collected f--PR.                    

[[Page 572]]

                                                                                                                
All Recovery Devices (as an alternative   Concentration level or       1. Continuous records during loading.    
 to the above).                            reading indicated by an     2. Record and report the concentration   
                                           organic monitoring device    level or reading averaged over the full 
                                           at the outlet of the         period of the performance test--NCS.    
                                           recovery device             3. Record the daily average concentration
                                           [63.127(b)].                 level or reading for each operating     
                                                                        day.d                                   
                                                                       4. Report all daily average concentration
                                                                        levels or readings that are outside the 
                                                                        range established in the NCS or         
                                                                        operating permit and all operating days 
                                                                        when insufficient monitoring data are   
                                                                        collected f--PR.                        
All Control Devices and Vapor Balancing   Presence of flow diverted    1. Hourly records of whether the flow    
 Systems.                                  to the atmosphere from the   indicator was operating and whether flow
                                           control device               was detected at any time during each    
                                           [63.127(d)(1)] or            hour.                                   
                                                                       2. Record and report the duration of all 
                                                                        periods when the vent stream is diverted
                                                                        through a bypass line or the monitor is 
                                                                        not operating--PR.                      
All Control Devices and Vapor Balancing   Monthly inspections of       1. Records that monthly inspections were 
 Systems (Continued).                      sealed valves                performed.                              
                                           [63.127(d)(2)].             2. Record and report all monthly         
                                                                        inspections that show the valves are not
                                                                        sealed closed or the seal has been      
                                                                        changed.                                
----------------------------------------------------------------------------------------------------------------
a Regulatory citations are listed in brackets.                                                                  
b Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any   
  substantial heat exchange is encountered.                                                                     
c ``Continuous records'' is defined in Sec.  63.111 of this subpart.                                            
d NCS=Notification of Compliance Status described in Sec.  63.152 of this subpart.                              
e The daily average is the average of all recorded parameter values for the operating day. If all recorded      
  values during an operating day are within the range established in the NCS or operating permit, a statement to
  this effect can be recorded instead of the daily average.                                                     
f The periodic reports shall include the duration of periods when monitoring data are not collected for each    
  excursion as defined in Sec.  63.152(c)(2)(ii)(A) of this subpart.                                            
g PR=Periodic Reports described in Sec.  63.152 of this subpart.                                                
h Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of    
  this table under ``All Recovery Devices.''                                                                    


Table 8.--Organic HAP's Subject to the Wastewater Provisions for Process
                          Units at New Sources                          
------------------------------------------------------------------------
                      Chemical name                          CAS No.a   
------------------------------------------------------------------------
Allyl chloride..........................................          107051
Benzene.................................................           71432
Butadiene (1,3-)........................................          106990
Carbon disulfide........................................           75150
Carbon tetrachloride....................................           56235
Cumene..................................................           98828
Ethylbenzene............................................          100414
Ethyl chloride (Chloroethane)...........................           75003
 Ethylidene dichloride                                             75343
  (1,1-Dichloroethane).                                                 
Hexachlorobutadiene.....................................           87683
Hexachloroethane........................................           67721
Hexane..................................................          100543
Methyl bromide (Bromomethane)...........................           74839
Methyl chloride (Chloromethane).........................           74873
Phosgene................................................           75445
Tetrachloroethylene (Perchloroethylene).................          127184
Toluene.................................................          108883
Trichloroethane (1,1,1-) (Methyl chloroform)............           71556
Trichloroethylene.......................................           79016
Trimethylpentane (2,2,4-)...............................          540841
Vinyl chloride (chloroethylene).........................           75014
 Vinylidene chloride                                               75354
  (1,1-Dichloroethylene).                                               
Xylene (m-).............................................          108383
Xylene (p-).............................................         106423 
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number   
  assigned to specific compounds, isomers, or mixtures of compounds.    
Note.--The list of organic HAP's on table 8 is a subset of the list of  
  organic HAP's on table 9 of this subpart.                             


Table 9.--Organic HAP's Subject to the Wastewater Provisions for Process
  Units at New and Existing Sources and Corresponding Fraction Removed  
                               (Fr) Values                              
------------------------------------------------------------------------
                    Chemical name                      CAS No.a     Fr  
------------------------------------------------------------------------
Acetaldehyde........................................      75070     0.95
Acetonitrile........................................      75058     0.62
Acetophenone........................................      98862     0.72
Acrolein............................................     107028     0.96
Acrylonitrile.......................................     107131     0.96
Allyl chloride......................................     107051     0.99
Benzene.............................................      71432     0.99
Benzyl chloride.....................................     100447     0.99

[[Page 573]]

                                                                        
Biphenyl............................................      92524     0.99
Bromoform...........................................      75252     0.99
Butadiene (1,3-)....................................     106990     0.99
Carbon disulfide....................................      75150     0.99
Carbon tetrachloride................................      56235     0.99
Chlorobenzene.......................................     108907     0.99
Chloroform..........................................      67663     0.99
Chloroprene (2-Chloro-1,3-butadiene)................     126998     0.99
Cumene..............................................      98828     0.99
Dichlorobenzene (p-)................................     106467     0.99
Dichloroethane (1,2-) (Ethylene dichloride).........     107062     0.99
Dichloroethyl ether (Bis(2-chloroethyl)ether).......     111444     0.87
Dichloropropene (1,3-)..............................     542756     0.99
Diethyl sulfate.....................................      64675     0.90
Dimethyl sulfate....................................      77781     0.53
Dimethylaniline (N,N-)..............................     121697     0.99
Dimethylhydrazine (1,1-)............................      57147     0.57
Dinitrophenol (2,4-)................................      51285     0.99
Dinitrotoluene (2,4-)...............................     121142     0.38
Dioxane (1,4-) (1,4-Diethyleneoxide)................     123911     0.37
Epichlorohydrin(1-Chloro-2,3-epoxypropane)..........     106898     0.91
Ethyl acrylate......................................     140885     0.99
Ethylbenzene........................................     100414     0.99
Ethyl chloride (Chloroethane).......................      75003     0.99
Ethylene dibromide (Dibromomethane).................     106934     0.99
Ethylene glycol dimethyl ether......................     110714     0.90
Ethylene glycol monobutyl ether acetate.............     112072     0.76
Ethylene glycol monomethyl ether acetate............     110496     0.28
Ethylene oxide......................................      75218     0.98
Ethylidene dichloride (1,1-Dichloroethane)..........      75343     0.99
Hexachlorobenzene...................................     118741     0.99
Hexachlorobutadiene.................................      87683     0.99
Hexachloroethane....................................      67721     0.99
Hexane..............................................     110543     0.99
Isophorone..........................................      78591     0.60
Methanol............................................      67561     0.31
Methyl bromide (Bromomethane).......................      74839     0.99
Methyl chloride (Chloromethane).....................      74873     0.99
Methyl ethyl ketone (2-Butanone)....................      78933     0.95
Methyl isobutyl ketone (Hexone).....................     108101     0.99
Methyl methacrylate.................................      80626     0.98
Methyl tert-butyl ether.............................    1634044     0.99
Methylene chloride (Dichloromethane)................      75092     0.99
Naphthalene.........................................      91203     0.99
Nitrobenzene........................................      98953     0.80
Nitropropane (2-)...................................      79469     0.98
Phosgene............................................      75445     0.99
Propionaldehyde.....................................     123386     0.99
Propylene dichloride (1,2-Dichloropropane)..........      78875     0.99
Propylene oxide.....................................      75569     0.99
Styrene.............................................     100425     0.99
Tetrachloroethane (1,1,2,2-)........................      79345     0.99
Tetrachloroethylene (Perchloroethylene).............     127184     0.99
Toluene.............................................     108883     0.99
Toluidine (o-)......................................      95534     0.44
Trichlorobenzene (1,2,4-)...........................     120821     0.99
Trichloroethane (1,1,1-) (Methyl chloroform)........      71556     0.99
Trichloroethane (1,1,2-) (Vinyl trichloride)........      79005     0.99
Trichloroethylene...................................      79016     0.99
Trichlorophenol (2,4,5-)............................      95954     0.96
Triethylamine.......................................     121448     0.99
Trimethylpentane (2,2,4-)...........................     540841     0.99
Vinyl acetate.......................................     108054     0.99
Vinyl chloride (Chloroethylene).....................      75014     0.99
Vinylidene chloride (1,1-Dichloroethylene)..........      75354     0.99
Xylene (m-).........................................     108383     0.99
Xylene (o-).........................................      95476     0.99
Xylene (p-).........................................     106423     0.99
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number   
  assigned to specific compounds, isomers, or mixtures of compounds.    


[[Page 574]]


     Table 10.--Wastewater--Compliance Options for Wastewater Tanks     
------------------------------------------------------------------------
                                 Maximum                                
                                   true                                 
        Capacity (m\3\)           vapor         Control requirements    
                                 pressure                               
                                  (kPa)                                 
------------------------------------------------------------------------
<75...........................  .........  Sec.  63.133(a)(1)           
``75 and <151.................      <13.1  Sec.  63.133(a)(1)           
                                   ''13.1  Sec.  63.133(a)(2)           
``151.........................       <5.2  Sec.  63.133(a)(1)           
                                    ''5.2  Sec.  63.133(a)(2)           
------------------------------------------------------------------------


[[Page 575]]


            Table 11.--Wastewater--Inspection and Monitoring Requirements for Waste Management Units            
----------------------------------------------------------------------------------------------------------------
                                       Inspection or monitoring                                                 
           To comply with                    requirement                 Frequency                Method        
----------------------------------------------------------------------------------------------------------------
Tanks:                                                                                                          
    63.133(b)(1)...................  Inspect fixed roof and all   Initially.............  Method 21b            
                                      openings for leaks a.       Semi-annually.........  Visual.               
    63.133(c)......................  Inspect floating roof in     See Sec.  63.120(a)(2)  Visual.               
                                      accordance with Secs.        and (a)(3).                                  
                                      63.120 (a)(2) and (a)(3).                                                 
    63.133(d)......................  Measure floating roof seal   ......................  See Sec.              
                                      gaps in accordance with                              63.120(b)(2)(i)      
                                      Secs.  63.120(b)(2)(i)                               through (b)(4).      
                                      through (b)(4).                                                           
                                     --Primary seal gaps........  Once every 5 years....                        
                                     --Secondary seal gaps......  Annually..............                        
    63.133(f), 63.133(g)...........  Inspect wastewater tank for  Semi-annually.........  Visual.               
                                      control equipment failures                                                
                                      and improper work                                                         
                                      practices.                                                                
Surface impoundments:                                                                                           
    63.134(b)(1)(i),                 Inspect cover and all        Initially.............  Method 21b            
     63.134(b)(1)(ii).                openings for leaks a.       Semi-annually.........  Visual.               
    63.134(c)......................  Inspect surface impoundment  Semi-annually.........  Visual.               
                                      for control equipment                                                     
                                      failures and improper work                                                
                                      practices.                                                                
Containers:                                                                                                     
    63.135(b)(1), 63.135(b)(2)(ii).  Inspect cover and all        Initially.............  Method 21 b.          
                                      openings for leaks a.                                                     
    63.135(d)(1)...................  Inspect enclosure and all    Initially.............  Method 21 b           
                                      openings for leaksa.        Semi-annually.........  Visual.               
    63.135(e)......................  Inspect container for        Semi-annually.........  Visual.               
                                      control equipment failures                                                
                                      and improper work                                                         
                                      practices.                                                                
Individual drain systems c:                                                                                     
    63.136(b)(1)...................  Inspect cover and all        Initially.............  Method 21b            
                                      openings for leaksa.        Semi-annually.........  Visual.               
    63.136(c)......................  Inspect individual drain     Semi-annually.........  Visual.               
                                      system for control                                                        
                                      equipment failures and                                                    
                                      improper work practices.                                                  
    63.136(e)(1)...................  Verify flow of water supply  Semi-annually.........  Visual.               
                                      to all drains using water                                                 
                                      seals to ensure                                                           
                                      appropriate water levels                                                  
                                      and to prevent other                                                      
                                      conditions that reduce                                                    
                                      water seal control                                                        
                                      effectiveness.                                                            
    63.136(f)(1)...................  Inspect all drains using     Semi-annually.........  Visual.               
                                      tightly-sealed caps or                                                    
                                      plugs to ensure caps and                                                  
                                      plugs are in place and                                                    
                                      properly installed.                                                       
    63.136(f)(2)...................  Inspect all junction boxes   Semi-annually.........  Visual.               
                                      to ensure covers are in                                                   
                                      place and have tight seals                                                
                                      around edges.                                                             
    63.136(f)(3)...................  Inspect unburied portion of  Semi-annually.........  Visual.               
                                      all sewer lines for cracks                                                
                                      and gaps.                                                                 
Oil-water separators:                                                                                           
    63.137(b)(1)...................  Inspect fixed roof and all   Initially.............  Method 21b            
                                      openings for leaksa.        Semi-annually.........  Visual.               
    63.137(c)......................  Measure floating roof seal   ......................  See 40 CFR            
                                      gaps in accordance with 40                           60.696(d)(1).        
                                      CFR 60.696(d)(1).                                                         
                                     --Primary seal gaps........  Once every 5 years....                        
    63.137(c)......................  --Secondary seal gaps......  Annually..............                        
    63.137(d)......................  Inspect oil-water separator  Semi-annually.........  Visual.               
                                      for control equipment                                                     
                                      failures and improper work                                                
                                      practices.                                                                
----------------------------------------------------------------------------------------------------------------
a Leaks are detectable emissions of 500 parts per million by volume above background.                           
b Method 21 of 40 CFR part 60, appendix A. The owner or operator shall comply with the requirements of Sec.     
  63.148.                                                                                                       
c As specified in Sec.  63.136(a), the owner or operator shall comply with the requirements of either Sec.      
  63.136(b) or (c).                                                                                             



[[Page 576]]


                     Table 12.--Wastewater--Monitoring Requirements for Treatment Processes                     
----------------------------------------------------------------------------------------------------------------
                                        Parameters to be                                                        
          To comply with                   monitored                  Frequency                  Methods        
----------------------------------------------------------------------------------------------------------------
1. HAP mass removal of each        Appropriate parameters     Continuous..............  Method 304, or any other
 organic HAP compound or total      may be monitored upon                                method which has been  
 organic HAP compounds in a         approval from the                                    approved by EPA during 
 properly operated biological       permitting authority in                              compliance             
 treatment unit.                    accordance with the                                  demonstrations.        
                                    requirements specified                                                      
                                    in Sec.  63.143(c).                                                         
63.138(b)(1)(iii)(C)                                                                                            
63.138(c)(1)(iii)(D)                                                                                            
2. HAP mass removal of 95 percent  Appropriate parameters     Continuous..............  Method 304, or any other
 of total organic HAP compounds     may be monitored upon                                method which has been  
 in a properly operated             approval from the                                    approved by EPA during 
 biological treatment unit.         permitting authority in                              compliance             
                                    accordance with the                                  demonstrations.        
                                    requirements specified                                                      
                                    in Sec.  63.143(c).                                                         
63.138(e)                                                                                                       
3. Design steam stripper.........  Steam flow rate..........  Continuously............  Integrating steam flow  
                                                                                         monitoring device      
                                                                                         equipped with a        
                                                                                         continuous recorder.   
63.138(g) (3), (4), and (5)                                                                                     
                                   Wastewater feed mass flow  Continuously............  Liquid flow meter       
                                    rate.                                                installed at stripper  
                                                                                         influent and equipped  
                                                                                         with a continuous      
                                                                                         recorder.              
                                   Wastewater feed            Continuously............  Liquid temperature      
                                    temperature.                                         monitoring device      
                                                                                         installed at stripper  
                                                                                         influent and equipped  
                                                                                         with a continuous      
                                                                                         recorder.              
4. Alternative monitoring          Other parameters may be                                                      
 parameters.                        monitored upon approval                                                     
                                    from the Administrator                                                      
                                    in accordance with the                                                      
                                    requirements specified                                                      
                                    in Sec.  63.143(d) .                                                        
----------------------------------------------------------------------------------------------------------------
a If method(s) are used to measure organic HAP concentrations in a waste or wastewater stream, rather than      
  measuring VOHAP concentrations in an air stream purged from a waste or wastewater stream, the correction      
  factors listed in table 34 may be used to adjust the results to provide a measure of the volatile portion     
  (i.e., the VOHAP concentration) of the organic HAP compounds.                                                 


                       Table 13.--Wastewater--Monitoring Requirements for Control Devices                       
----------------------------------------------------------------------------------------------------------------
                                 Monitoring equipment                                                           
        Control device                 required            Parameters to be monitored            Frequency      
----------------------------------------------------------------------------------------------------------------
All control devices...........  1. Flow indicator      1. Presence of flow diverted from   Hourly records of    
                                 installed at all       the control device to the           whether the flow    
                                 bypass lines to the    atmosphere or.                      indicator was       
                                 atmosphere and                                             operating and       
                                 equipped with                                              whether the flow was
                                 continuous recorder                                        detected at any time
                                 b or.                                                      during each hour.   
                                2. Valves sealed       2. Monthly inspections of sealed    Monthly.             
                                 closed with car-seal   valves.                                                 
                                 or lock-and-key                                                                
                                 configuration.                                                                 
Thermal Incinerator...........  Temperature            Firebox temperature...............  Continuous.          
                                 monitoring device                                                              
                                 installed in firebox                                                           
                                 or in ductwork                                                                 
                                 immediately                                                                    
                                 downstream of                                                                  
                                 firebox a and                                                                  
                                 equipped with a                                                                
                                 continuous recorder                                                            
                                 b.                                                                             
Catalytic Incinerator.........  Temperature            1. Temperature upstream of          Continuous.          
                                 monitoring device      catalyst bed or.                                        
                                 installed in gas      2. Temperature difference across                         
                                 stream immediately     catalyst bed.                                           
                                 before and after                                                               
                                 catalyst bed and                                                               
                                 equipped with a                                                                
                                 continuous recorderb.                                                          
Flare.........................  Heat sensing device    Presence of a flame at the pilot    Hourly records of    
                                 installed at the       light.                              whether the monitor 
                                 pilot light and                                            was continuously    
                                 equipped with a                                            operating and       
                                 continuous recorder                                        whether the pilot   
                                 b.                                                         flame was           
                                                                                            continuously present
                                                                                            during each hour.   

[[Page 577]]

                                                                                                                
Boiler or process heater <44    Temperature            Combustion temperature............  Continuous.          
 megawatts and vent stream is    monitoring device                                                              
 not mixed with the primary      installed in firebox                                                           
 fuel.                           a and equipped with                                                            
                                 continuous recorder                                                            
                                 b.                                                                             
Condenser.....................  Temperature            Condenser exit (product side)       Continuous.          
                                 monitoring device      temperature.                                            
                                 installed at                                                                   
                                 condenser exit and                                                             
                                 equipped with                                                                  
                                 continuous recorder                                                            
                                 b.                                                                             
Carbon Adsorber (Regenerative)  Integrating            Total regeneration stream mass      For each regeneration
                                 regeneration stream    flow during carbon bed              cycle, record the   
                                 flow monitoring        regeneration cycle(s).              total regeneration  
                                 device having an                                           stream mass flow.   
                                 accuracy of 10 percent,                                                              
                                 and.                                                                           
                                Carbon bed             Temperature of carbon bed after     For each regeneration
                                 temperature            regeneration [and within 15         cycle and within 15 
                                 monitoring device.     minutes of completing any cooling   minutes of          
                                                        cycle(s)].                          completing any      
                                                                                            cooling cycle,      
                                                                                            record the carbon   
                                                                                            bed temperature.    
Carbon Adsorber (Non-           Organic compound       Organic compound concentration of   Daily or at intervals
 regenerative).                  concentration          adsorber exhaust.                   no greater than 20  
                                 monitoring devicec.                                        percent of the      
                                                                                            design carbon       
                                                                                            replacement         
                                                                                            interval, whichever 
                                                                                            is greater.         
Alternative monitoring          Other parameters may                                                            
 parameters.                     be Monitored upon                                                              
                                 approval from the                                                              
                                 Administrator in                                                               
                                 accordance with the                                                            
                                 requirements in Sec.                                                           
                                  63.143(e)(3).                                                                 
----------------------------------------------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any   
  substantial heat exchange is encountered.                                                                     
b ``Continuous recorder'' is defined in Sec.  63.111 of this subpart.                                           
c As an alternative to conducting this monitoring, an owner or operator may replace the carbon in the carbon    
  adsorption system with fresh carbon at a regular predetermined time interval that is less than the carbon     
  replacement interval that is determined by the maximum design flow rate and organic concentration in the gas  
  stream vented to the carbon adsorption system.                                                                


[[Page 578]]


    Table 14a.--Wastewater--Information on Table 8 Organic HAP's To Be Submitted With Implementation Plan for   
                                        Process Units at New Sources a,b                                        
----------------------------------------------------------------------------------------------------------------
                                         VOHAP                                                                  
                                     concentration                           Intend to    Intended     Intended 
   Process unit         Stream        (ppmw) d,e     Flow rate  Group 1 or  control? h    treatment     control 
 identification c   identification ----------------  (lpm) e,f   group 2 g   (Y or N)   technology i    device  
                                        Average                                                                 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it may be submitted in any format. This   
  table presents an example format.                                                                             
b Other requirements for the Implementation Plan are specified in Sec.  63.151 of this Subpart.                 
c Also include a description of the chemical manufacturing process unit (e.g., storage tank).                   
d Except when Sec.  63.132(c) is used, annual average VOHAP concentrations, at point of generation, of each HAP 
  compound listed in table 8 of this subpart that is present in the wastewater stream, parts per million by     
  weight (ppmw).                                                                                                
e If Sec.  63.132(c) is used, include annual average VOHAP concentration and flow rate for the point where Group
  1 streams are designated.                                                                                     
f Except when Sec.  63.132(c) is used, annual average flow rate at point of generation, liters per minute (lpm).
                                                                                                                
g Is the stream Group 1 or Group 2 for table 8 compounds as determined by the procedures specified in Sec.      
  63.132 (c) and (d) of this subpart?                                                                           
h Does the owner or operator intend to control the stream in accordance with the requirements specified in Sec. 
  63.138(b) of this Subpart, yes (Y) or no (N)?                                                                 
i If the owner or operator intends to control the stream, what is the intended treatment technology (e.g., steam
  stripping, biological treatment, etc.)?                                                                       


    Table 14b.--Wastewater--Information on Table 9 Organic HAP's To Be Submitted With Implementation Plan for   
                                  Process Units at New and Existing Sources a,b                                 
----------------------------------------------------------------------------------------------------------------
                                      Total VOHAP                                                               
     Chemical                        concentration                           Intend to    Intended     Intended 
  manufacturing         Stream        (ppmw) d,e     Flow rate  Group 1 or   control h    treatment     control 
   process unit     identification ----------------  (lpm) e,f   group 2 g   (Y or N)   technology i    device  
 identification c                       Average                                                                 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it may be submitted in any format. This   
  table presents an example format.                                                                             
b Other requirements for the Implementation Plan are specified in Sec.  63.151 of this subpart.                 
c Also include a description of the process unit (e.g., storage tank).                                          
d Except when Sec.  63.132(c) is used, annual average total VOHAP concentration in wastewater stream at point of
  generation, parts per million by weight (ppmw).                                                               
e If Sec.  63.132(c) is used, include annual average VOHAP concentration and flow rate for the point where Group
  1 streams are designated.                                                                                     
f Except when Sec.  63.132(c) is used, annual average flow rate at point of generation, liters per minute (lpm).
                                                                                                                
g Is the stream Group 1 or Group 2 for table 9 compounds as determined by the procedures specified in Sec.      
  63.132(c) or (g) of this subpart?                                                                             
h Does the owner or operator intend to control the stream in accordance with the requirements of Sec.  63.138(c)
  or (d) of this Subpart, yes (Y) or no (N)?                                                                    
i If the owner or operator intends to control the stream, what is the intended treatment technology (e.g., steam
  stripping, biological treatment, etc.)?                                                                       


Table 15a.--Wastewater--Information on Table 8 Organic HAP's To Be Submitted With Notification of Compliance Status for Process Units at New Sources a,b
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             VOHAP                                                                                                      
   Process unit           Stream         concentration                                                  Treatment       Waste  management     Intended  
  identification      identification      (ppmw) d,e       Flow rate    Group 1 or     Compliance      process(es)           unit(s)           control  
       codec               code       ------------------   (lpm) e,f     group 2 g     approach h     identification     identification j      device   
                                            Average                                                       code i                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.         
b Other requirements for the Notification of Compliance Status are specified in Sec.  63.152(b) of this subpart.                                        
c Also include a description of the process unit (e.g., storage tank).                                                                                  
d Except when Sec.  63.132(c) is used, annual average VOHAP concentrations, at point of generation, of each HAP compound listed in table 8 of this      
  subpart that is present in the wastewater stream, parts per million by weight (ppmw).                                                                 
e When Sec.  63.132(c) is used, include the annual average VOHAP concentration and flow rate for the point where the Group 1 stream is designated.      

[[Page 579]]

                                                                                                                                                        
f Except when Sec.  63.132(c) is used, annual average flow rate at point of generation, liters per minute (lpm).                                        
g Is the stream Group 1 or Group 2 for table 8 compounds as determined by the procedures specified in Sec.  63.132 (c) or (d) of this subpart?          
h If stream is being controlled in accordance with the requirements of Sec.  63.138(b), identify the subparagraph in Sec.  63.138(b) with which the     
  owner or operator has elected to comply. For example, if the owner or operator elects to recycle the stream to a production process, the appropriate  
  subparagraph is Sec.  63.138(b)(1)(i).                                                                                                                
i If the stream is being treated in accordance with the requirements of Sec.  63.138(b), give identification code of treatment unit(s) treating stream. 
  Identification codes should correspond to entries in table 17 of this subpart.                                                                        
j For each Group 1 wastewater stream, identify the waste management unit(s) receiving or managing the stream. Identification codes should correspond to 
  entries in table 18.                                                                                                                                  


    Table 15b.--Wastewater--Information on Table 9 Organic HAP's To Be Submitted With Notification of Compliance Status for Process Units at New and    
                                                                  Existing Sources a,b                                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Total VOHAP                                                                                                  
                                          concentration                                                                   Waste  management    Intended 
    Process unit           Stream          (PPMW) d,e       Flow rate    Group 1 or     Compliance    Treatment process         unit           control  
  identification c     identification  ------------------   (1pm) e,f     group 2 g     approach h    identification i    identification j      device  
                                             Average                                                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.         
b Other requirements for the Notification of Compliance Status are specified in Sec.  63.152(b) of this subpart.                                        
c Also include a description of the process unit (e.g., storage tank).                                                                                  
d Except when Sec.  63.132(c) is used, annual average total VOHAP concentration in wastewater stream at point of generation, parts per million by weight
  (ppmw).                                                                                                                                               
e When Sec.  63.132(c) is used, include the annual average VOHAP concentration and flow rate for the point where the Group 1 stream is designated.      
f Except when Sec.  63.132(c) is used, annual average flow rate at point of generation, liters per minute (1pm).                                        
g Is the stream Group 1 or Group 2 for table 9 HAP compounds as determined by the procedures specified in Sec.  63.132(c) or (g)?                       
h If the stream is being controlled in accordance with the requirements of Sec.  63.138(c), identify the subparagraph in Sec.  63.138(c) with which the 
  owner or operator has elected to comply. For example, if the owner or operator elects to reduce the total VOHAP mass flow rate of an individual stream
  by 99 percent, the appropriate subparagraph is Sec.  63.138(c)(1)(ii)(B).                                                                             
i If stream is being treated in accordance with Sec.  63.138(c), give identification code of treatment unit(s) treating stream. Identification codes    
  should correspond to entries in table 17 of this subpart.                                                                                             
j For each Group 1 wastewater stream, identify the waste management unit(s) receiving or managing the stream. Identification codes should correspond to 
  entries in table 18.                                                                                                                                  


 Table 16.--Wastewater--Information To Be Submitted With Notification of Compliance Status for Process Units at 
                Existing Sources Complying With Process Unit Alternative in Sec.  63.138(d) a,b,c               
----------------------------------------------------------------------------------------------------------------
                                            Total VOHAP                                                         
                                          concentration e                                      Waste management 
    Process unit           Stream             (ppmw)         Flow f rate   Treatment process         unit       
  identification d     identification  --------------------     (lpm)      identification g    identification h 
                                              Average                                                           
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
a The information specified in this table shall be provided for each wastewater stream generated by the process 
  unit to which this alternative provision is being applied.                                                    
bThe information specified in this table must be submitted; however, it may be submitted in any format. This    
  table presents an example format.                                                                             
c Other requirements for the Notification of Compliance Status are specified in Sec.  63.152(b) of this Subpart.
                                                                                                                
d Also include a description of the process unit (e.g., storage tank).                                          
e Flow-weighted annual average total VOHAP concentration of individual or combined stream before exposure to the
  atmosphere and before combination with streams other than process wastewater from the specific process unit,  
  parts per million by weight (ppmw).                                                                           
f Annual average flow rate of combined or individual wastewater stream, liters per minute (lpm).                
g If stream is being controlled, give identification code(s) of treatment unit(s) treating stream.              
  Identification codes should correspond to entries in Table 17.                                                
h For each wastewater stream generated within the process unit, identify the waste management unit(s) receiving 
  or managing the stream. Identification codes should correspond to entries in Table 18.                        


    Table 17.--Wastewater--Information for Treatment Processes To Be    
          Submitted With Notification of Compliance Status a,b          
------------------------------------------------------------------------
                                         Wastewater                     
Treatment process    Description d        stream(s)        Monitoring   
 identification c                         treated e       parameters f  
------------------------------------------------------------------------
                                                                        

[[Page 580]]

                                                                        
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it
  may be submitted in any format. This table presents an example format.
                                                                        
b Other requirements for the Notification of Compliance Status are      
  specified in Sec.  63.152(b) of this Subpart.                         
c Identification codes should correspond to those listed in Tables 14a  
  through 16.                                                           
d Description of treatment process.                                     
e Stream identification code for each wastewater stream treated by each 
  treatment unit. Identification codes should correspond to entries     
  listed in Tables 14a through 16.                                      
f Parameter(s) to be monitored or measured in accordance with Table 12  
  in Sec.  63.143 of this Subpart.                                      


   Table 18.--Wastewater--Information for Waste Management Units To Be  
          Submitted With Notification of Compliance Status a,b          
------------------------------------------------------------------------
 Waste management unit                             Wastewater stream(s) 
    identification c          Description d        received or managed e
------------------------------------------------------------------------
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it
  may be submitted in any format. This table presents an example format.
                                                                        
b Other requirements for the Notification of Compliance Status are      
  specified in Sec.  63.152(b) of this Subpart.                         
c Identification codes should correspond to those listed in Tables 14a  
  through 16.                                                           
d Description of waste management unit.                                 
e Stream identification code for each wastewater stream received or     
  managed by each waste management unit. Identification codes should    
  correspond to entries listed in Tables 14a through 16.                


                       Table 19.--Wastewater--Information on Residuals To Be Submitted With Notification of Compliance Status a,b                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Control device                                       
       Residual             Residual         Wastewater stream      Treatment        Fate g        identification      Control device    Control device 
   identification c       description d      identification e       process f                           code           description h      efficiency i  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.         
b Other requirements for the Notification of Compliance Status are specified in Sec.  63.152(b) of this subpart.                                        
c Name or identification code of residual removed from Group 1 wastewater stream.                                                                       
d Description of residual (e.g., steam stripper A-13 overhead condensates).                                                                             
e Identification of stream from which residual is removed.                                                                                              
f Treatment process from which residual originates.                                                                                                     
g Indicate whether residual is sold, returned to production process, or returned to waste management unit or treatment process; or whether HAP mass of  
  residual is destroyed by 99 percent.                                                                                                                  
h If the fate of the residual is such that the HAP mass is destroyed by 99 percent, give description of device used for HAP destruction.                
i If the fate of the residual is such that the HAP mass is destroyed by 99 percent, provide an estimate of control device efficiency and attach         
  substantiation in accordance with Sec.  63.146(b)(9) of this subpart.                                                                                 


[[Page 581]]


  Table 20.--Wastewater--Periodic Reporting Requirements for Control Devices Used To Comply With  63.133-63.139 
----------------------------------------------------------------------------------------------------------------
             Control device                                       Reporting requirements                        
----------------------------------------------------------------------------------------------------------------
Thermal incinerator....................  1. Report all daily average a temperatures that are outside the range  
                                          established in the NCS a or operating permit and all operating days   
                                          when insufficient monitoring data are collected c                     
Catalytic incinerator..................  1. Report all daily average a upstream temperatures that are outside   
                                          the range established in the NCS b or operating permit                
                                         2. Report all daily average a temperature differences across the       
                                          catalyst bed that are outside the range established in the NCS b or   
                                          operating permit                                                      
                                         3. Report all operating days when insufficient monitoring data are     
                                          collected c                                                           
Boiler or process heater with a design   1. Report all daily average a firebox temperatures that are outside the
 heat input capacity less than 44         range established in the NCS b or operating permit and all operating  
 megawatts and vent stream is not mixed   days when insufficient monitoring data are collected c                
 with the primary fuel.                                                                                         
Flare..................................  1. Report the duration of all periods when the pilot flame is absent   
Condenser..............................  1. Report all daily average a exit temperatures that are outside the   
                                          range established in the NCS b or operating permit and all operating  
                                          days when insufficient monitoring data are collected c                
Carbon adsorber........................  1. Report all carbon bed regeneration cycles when the total            
                                          regeneration stream mass flow is outside the range established in the 
                                          NCS b or operating permit                                             
                                         2. Report all carbon bed regeneration cycles during which the          
                                          temperature of the carbon bed after regeneration is outside the range 
                                          established in the NCS b or operating permit                          
                                         3. Report all operating days when insufficient monitoring data are     
                                          collected c                                                           
All control devices....................  1. Report the times and durations of all periods when the vent stream  
                                          is diverted through a bypass line or the monitor is not operating, or 
                                         2. Report all monthly inspections that show the valves are not sealed  
                                          closed or the seal has been changed                                   
----------------------------------------------------------------------------------------------------------------
a The daily average is the average of all values recorded during the operating day, as specified in Sec.        
  63.147(e) of this subpart.                                                                                    
b NCS = Notification of Compliance Status described in Sec.  63.152 of this subpart.                            
c The periodic reports shall include the duration of periods when monitoring data are not collected for each    
  excursion as defined in Sec.  63.152(c)(2)(ii)(A) of this subpart.                                            


[[Page 582]]


 Table 21.--Average Storage Temperature (Ts) as a Function of Tank Paint
                                  Color                                 
------------------------------------------------------------------------
                                                               Average  
                                                               Storage  
                         Tank Color                          Temperature
                                                                 (Ts)   
------------------------------------------------------------------------
White......................................................      TAa + 0
Aluminum...................................................     TA + 2.5
Gray.......................................................     TA + 3.5
Black......................................................    TA + 5.0 
------------------------------------------------------------------------
aTA is the average annual ambient temperature in degrees Fahrenheit.    


                                  Table 22.--Paint Factors for Fixed Roof Tanks                                 
----------------------------------------------------------------------------------------------------------------
                                       Tank color                                           Paint factors (Fp)  
-----------------------------------------------------------------------------------------     Paint Condition   
                                                                                         -----------------------
                      Roof                                        Shell                      Good        Poor   
----------------------------------------------------------------------------------------------------------------
White..........................................  White..................................        1.00        1.15
Aluminum (specular)............................  White..................................        1.04        1.18
White..........................................  Aluminum (specular)....................        1.16        1.24
Aluminum (specular)............................  Aluminum (specular)....................        1.20        1.29
White..........................................  Aluminum (diffuse).....................        1.30        1.38
Aluminum (diffuse).............................  Aluminum (diffuse).....................        1.39        1.46
White..........................................  Gray...................................        1.30        1.38
Light gray.....................................  Light gray.............................        1.33        1.44
Medium gray....................................  Medium gray............................        1.40        1.58
----------------------------------------------------------------------------------------------------------------


                Table 23.--Average Clingage Factors (c) a               
------------------------------------------------------------------------
                                                   Shell condition      
                                           -----------------------------
                  Liquid                      Light     Dense    Gunite 
                                             rust b     rust      lined 
------------------------------------------------------------------------
Gasoline..................................    0.0015    0.0075      0.15
Single component stocks...................    0.0015    0.0075      0.15
Crude oil.................................    0.0060     0.030      0.60
------------------------------------------------------------------------
a Units for average clingage factors are barrels per 1,000 square feet. 
b If no specific information is available, these values can be assumed  
  to represent the most common condition of tanks currently in use.     


 Table 24.--Typical Number of Columns as a Function of Tank Diameter for
    Internal Floating Roof Tanks With Column Supported Fixed Roofs a    
------------------------------------------------------------------------
                                                                Typical 
                                                               number of
               Tank diameter range (D in feet)                 columns, 
                                                                 (NC)   
------------------------------------------------------------------------
0 < D  85...................................................           1
85 < D  100.................................................           6
100 < D  120................................................           7
120 < D  135................................................           8
135 < D  150................................................           9
150 < D  170................................................          16
170 < D  190................................................          19
190 < D  220................................................          22
220 < D  235................................................          31
235 < D  270................................................          37
270 < D  275................................................          43
275 < D  290................................................          49
290 < D  330................................................          61
330 < D  360................................................          71
360 < D  400................................................         81 
------------------------------------------------------------------------
a Data in this table should not supersede information on actual tanks.  


                Table 25.--Effective Column Diameter (Fc)               
------------------------------------------------------------------------
                                                                    Fc  
                          Column type                             (feet)
------------------------------------------------------------------------
9-inch by 7-inch built-up columns..............................      1.1
8-inch-diameter pipe columns...................................      0.7
No construction details known..................................      1.0
------------------------------------------------------------------------


   Table 26.--Seal Related Factors for Internal Floating Roof Vessels   
------------------------------------------------------------------------
                         Seal type                            KS     n  
------------------------------------------------------------------------
Liquid mounted resilient seal:                                          
  Primary seal only.......................................    3.0      0
  With rim-mounted secondary seal a.......................    1.6      0
Vapor mounted resilient seal:                                           
  Primary seal only.......................................    6.7      0
  With rim-mounted secondary seal a.......................    2.5     0 
------------------------------------------------------------------------
a If vessel-specific information is not available about the secondary   
  seal, assume only a primary seal is present.                          


[[Page 583]]


 Table 27.--Summary of Internal Floating Deck Fitting Loss Factors (KF) 
                   and Typical Number of Fittings (NF)                  
------------------------------------------------------------------------
                                  Deck fitting                          
        Deck fitting type          loss factor      Typical number of   
                                      (KF)a           fittings (NF)     
------------------------------------------------------------------------
Access hatch....................  ............  1.                      
    Bolted cover, gasketed......           1.6                          
    Unbolted cover, gasketed....            11                          
    Unbolted cover, ungasketed..          b 25                          
Automatic gauge float well......  ............  1.                      
  Bolted cover, gasketed........           5.1                          
  Unbolted cover, gasketed......            15                          
  Unbolted cover, ungasketed....          b 28                          
Column well.....................  ............  (see Table 24).         
    Builtup column-sliding                  33                          
     cover, gasketed.                                                   
    Builtup column-sliding                b 47                          
     cover, ungasketed.                     10                          
    Pipe column-flexible fabric             19                          
     sleeve seal.                                                       
    Pipe column-sliding cover,              32                          
     gasketed.                                                          
    Pipe column-sliding cover,                                          
     ungasketed.                                                        
Ladder well.....................  ............  1.                      
    Sliding cover, gasketed.....            56                          
    Sliding cover, ungasketed...          b 76                          
Roof leg or hanger well.........  ............  (5+D/10+D \2\/600) c.   
    Adjustable..................         b 7.9                          
    Fixed.......................             0                          
Sample pipe or well.............  ............  1.                      
    Slotted pipe-sliding cover,             44                          
     gasketed.                                                          
    Slotted pipe-sliding cover,             57                          
     ungasketed.                                                        
    Sample well-slit fabric               b 12                          
     seal, 10 percent open area.                                        
Stub drain, 1-in diameter d.....           1.2  (D \2\/125) c.          
Vacuum breaker..................  ............  1.                      
    Weighted mechanical                  b 0.7                          
     actuation, gasketed.                                               
    Weighted mechanical                   0.9                           
     actuation, ungasketed.                                             
------------------------------------------------------------------------
a Units for KF are pound-moles per year.                                
b If no specific information is available, this value can be assumed to 
  represent the most common/typical deck fittings currently used.       
c D=Tank diameter (feet).                                               
d Not used on welded contact internal floating decks.                   


  Table 28.--Deck Seam Length Factorsa (SD) for Internal Floating Roof  
                                  Tanks                                 
------------------------------------------------------------------------
                                                            Typical deck
                     Deck construction                       seam length
                                                               factor   
------------------------------------------------------------------------
Continuous sheet construction b:                                        
  5-feet wide sheets......................................          0.2c
  6-feet wide sheets......................................          0.17
  7-feet wide sheets......................................          0.14
Panel construction d:                                                   
  5  x  7.5 feet rectangular..............................          0.33
  5  x  12 feet rectangular...............................          0.28 
------------------------------------------------------------------------
a Deck seam loss applies to bolted decks only. Units for SD are feet per
  square feet.                                                          
bSD=1/W, where W = sheet width (feet).                                  
c If no specific information is available, these factors can be assumed 
  to represent the most common bolted decks currently in use.           
dSD=(L+W)/LW, where W = panel width (feet), and L = panel length (feet).


   Table 29.--Seal Related Factors for External Floating Roof Vessels   
------------------------------------------------------------------------
                                          Welded vessels      Riveted   
                                         ----------------     vessels   
                Seal type                                ---------------
                                            KS       N      KS       N  
------------------------------------------------------------------------
Metallic shoe seal:                                                     
    Primary seal only...................     1.2     1.5     1.3     1.5
    With shoe-mounted secondary seal....     0.8     1.2     1.4     1.2
    With rim-mounted secondary seal.....     0.2     1.0     0.2     1.6
Liquid mounted resilient seal:                                          
    Primary seal only...................     1.1     1.0    a NA      NA
    With weather shield.................     0.8     0.9      NA      NA
    With rim-mounted secondary seal.....     0.7     0.4      NA      NA
Vapor mounted resilient seal:                                           
    Primary seal only...................     1.2     2.3      NA      NA
    With weather shield.................     0.9     2.2      NA      NA

[[Page 584]]

                                                                        
    With rim-mounted secondary seal.....     0.2     2.6      NA      NA
------------------------------------------------------------------------
a NA=Not applicable.                                                    


[[Page 585]]


           Table 30.--Roof Fitting Loss Factors, KFa, KFb, and m,a and Typical Number of Fittings, NT           
----------------------------------------------------------------------------------------------------------------
                                                        Loss factorsb                                           
                                       ----------------------------------------------      Typical number of    
 Fitting type and construction details  KFa (lb-mole/ KFb (lb-mole/         m                fittings, NT       
                                             yr)       [mi/hr]m-yr)  (dimensionless)                            
----------------------------------------------------------------------------------------------------------------
Access hatch (24-in-diameter well)....  ............  .............  ...............  1.                        
    Bolted cover, gasketed............          0             0              c 0                                
    Unbolted cover, ungasketed........          2.7           7.1              1.0                              
    Unbolted cover, gasketed..........          2.9           0.41             1.0                              
Unslotted guide-pole well (8-in-        ............  .............  ...............  1.                        
 diameter unslotted pole, 21-in-                                                                                
 diameter well).                                                                                                
    Ungasketed sliding cover..........          0            67              c 0.98                             
    Gasketed sliding cover............          0             3.0              1.4                              
Slotted guide-pole/sample well (8-in-   ............  .............  ...............  (d).                      
 diameter unslotted pole, 21-in-                                                                                
 diameter well).                                                                                                
    Ungasketed sliding cover, without           0           310                1.2                              
     float.                                                                                                     
    Ungasketed sliding cover, with              0            29                2.0                              
     float.                                                                                                     
    Gasketed sliding cover, without             0           260                1.2                              
     float.                                                                                                     
    Gasketed sliding cover, with float          0             8.5              1.4                              
Gauge-float well (20-inch diameter)...  ............  .............  ...............  1.                        
    Unbolted cover, ungasketed........          2.3           5.9            c 1.0                              
    Unbolted cover, gasketed..........          2.4           0.34             1.0                              
    Bolted cover, gasketed............          0             0                0                                
Gauge-hatch/sample well (8-inch         ............  .............  ...............  1.                        
 diameter).                                                                                                     
    Weighted mechanical actuation,              0.95          0.14           c 1.0                              
     gasketed.                                                                                                  
    Weighted mechanical actuation,              0.91          2.4              1.0                              
     ungasketed.                                                                                                
Vacuum breaker (10-in-diameter well)..  ............  .............  ...............  NF6 (Table 31).           
    Weighted mechanical actuation,              1.2           0.17           c 1.0                              
     gasketed.                                                                                                  
    Weighted mechanical actuation,              1.2           3.0              1.0                              
     ungasketed.                                                                                                
Roof drain (3-in-diameter)............  ............  .............  ...............  NF7 (Table 31).           
    Open..............................          0             7.0            e 1.4    NF8 (Table 32 f).         
    90 percent closed.................          0.51          0.81             1.0                              
Roof leg (3-in-diameter)..............  ............  .............  ...............  NF8 (Table 32 f).         
    Adjustable, pontoon area..........          1.5           0.20           c 1.0    ..........................
    Adjustable, center area...........          0.25          0.067          c 1.0                              
    Adjustable, double-deck roofs.....          0.25          0.067            1.0                              
    Fixed.............................          0             0                0                                
                                                                                                                


[[Page 586]]


      Table 30.--Roof Fitting Loss Factors, KFa, KFb, and m,a and Typical Number of Fittings, NT--Continued     
----------------------------------------------------------------------------------------------------------------
                                                        Loss factorsb                                           
                                       ----------------------------------------------      Typical number of    
 Fitting type and construction details  KFa (lb-mole/ KFb (lb-mole/         m                fittings, NT       
                                             yr)       [mi/hr]m-yr)  (dimensionless)                            
----------------------------------------------------------------------------------------------------------------
Roof leg (2\1/2\-in-diameter).........  ............  .............  ...............  NF8 (Table 32 f).         
    Adjustable, pontoon area..........          1.7           0                0                                
    Adjustable, center area...........          0.41          0                0                                
    Adjustable, double-deck roofs.....          0.41          0                0                                
    Fixed.............................          0             0                0                                
Rim vent (6-in-diameter)..............  ............  .............  ...............  1 g.                      
    Weighted mechanical actuation,              0.71          0.10           c 1.0                              
     gasketed.                                                                                                  
    Weighted mechanical actuation,              0.68          1.8              1.0                              
     ungasketed.                                                                                                
----------------------------------------------------------------------------------------------------------------
a The roof fitting loss factors, KFa, KFb, and m, may only be used for wind speeds from 2 to 15 miles per hour. 
b Unit abbreviations are as follows: lb = pound; mi = miles; hr = hour; yr = year.                              
c If no specific information is available, this value can be assumed to represent the most common or typical    
  roof fittings currently in use.                                                                               
d A slotted guide-pole/sample well is an optional fitting and is not typically used.                            
e Roof drains that drain excess rainwater into the product are not used on pontoon floating roofs. They are,    
  however, used on double-deck floating roofs and are typically left open.                                      
f The most common roof leg diameter is 3 inches. The loss factors for 2\1/2\-inch diameter roof legs are        
  provided for use if this smaller size roof is used on a particular floating roof.                             
g Rim vents are used only with mechanical-shoe primary seals.                                                   


[[Page 587]]


 Table 31.--Typical Number of Vacuum Breakers, NF6 and Roof Drains,a NF7
------------------------------------------------------------------------
                                             No. of vacuum       No. of 
                                             breakers, NF6        roof  
                                        ---------------------- drains, N
        Tank diameter D (feet) b                               F7 double-
                                          Pontoon    Double-   deck roof
                                            roof    deck roof      c    
                                                                        
------------------------------------------------------------------------
50.....................................          1          1          1
100....................................          1          1          1
150....................................          2          2          2
200....................................          3          2          3
250....................................          4          3          5
300....................................          5          3          7
350....................................          6          4          d
400....................................          7          4         d 
------------------------------------------------------------------------
a This table should not supersede information based on actual tank data.
                                                                        
b If the actual diameter is between the diameters listed, the closest   
  diameter listed should be used. If the actual diameter is midway      
  between the diameters listed, the next larger diameter should be used.
                                                                        
c Roof drains that drain excess rainwater into the product are not used 
  on pontoon floating roofs. They are, however, used on double-deck     
  floating roofs, and are typically left open.                          
d For tanks more than 300 feet in diameter, actual tank data or the     
  manufacturer's recommendations may be needed for the number of roof   
  drains.                                                               


              Table 32.--Typical Number of Roof Legs,a NF8              
------------------------------------------------------------------------
                                             Pontoon roof               
                                        ----------------------   No. of 
        Tank diameter D (feet) b           No. of     No. of    legs on 
                                          pontoon     center    double- 
                                            legs       legs    deck roof
------------------------------------------------------------------------
30.....................................          4          2          6
40.....................................          4          4          7
50.....................................          6          6          8
60.....................................          9          7         10
70.....................................         13          9         13
80.....................................         15         10         16
90.....................................         16         12         20
100....................................         17         16         25
110....................................         18         20         29
120....................................         19         24         34
130....................................         20         28         40
140....................................         21         33         46
150....................................         23         38         52
160....................................         26         42         58
170....................................         27         49         66
180....................................         28         56         74
190....................................         29         62         82
200....................................         30         69         90
210....................................         31         77         98
220....................................         32         83        107
230....................................         33         92        115
240....................................         34        101        127
250....................................         34        109        138
260....................................         36        118        149
270....................................         36        128        162
280....................................         37        138        173
290....................................         38        148        186
300....................................         38        156        200
310....................................         39        168        213
320....................................         39        179        226
330....................................         40        190        240
340....................................         41        202        255
350....................................         42        213        270
360....................................         44        226        285
370....................................         45        238        300
380....................................         46        252        315
390....................................         47        266        330
400....................................         48        281        345
------------------------------------------------------------------------
a This table should not supersede information based on actual tank data.
b If the actual diameter is between the diameters listed, the closest   
  diameter listed should be used. If the actual diameter is midway      
  between the diameters listed, the next larger diameter should be used.


                      Table 33.--Saturation Factors                     
------------------------------------------------------------------------
          Cargo carrier                Mode of operation       S factor 
------------------------------------------------------------------------
Tank trucks and rail tank cars...  Submerged loading of a           0.50
                                    clean cargo tank.                   
                                   Submerged loading:               0.60
                                    dedicated normal                    
                                    service.                            
                                   Submerged loading:               1.00
                                    dedicated vapor balance             
                                    service.                            
                                   Splash loading of a              1.45
                                    clean cargo tank.                   
                                   Splash loading:                  1.45
                                    dedicated normal                    
                                    service.                            
                                   Splash loading:                  1.00
                                    dedicated vapor balance             
                                    service.                            
------------------------------------------------------------------------


   Table 34. Fraction Measured (Fm) and Fraction Emitted (Fe) For HAP   
                     Compounds in Wastewater Streams                    
------------------------------------------------------------------------
                                            CAS                         
             Chemical name                Numbera       Fm         Fe   
------------------------------------------------------------------------
Acetaldehyde...........................      75070   1.00       0.48    
Acetonitrile...........................      75058   0.99       0.36    
Acetophenone...........................      98862   0.31       0.14    
Acrolein...............................     107028   1.00       0.43    
Acrylonitrile..........................     107131   1.00       0.43    
Allyl chloride.........................     107051   1.00       0.89    
Benzene................................      71432   1.00       0.80    
Benzyl chloride........................     100447   1.00       0.47    
Biphenyl...............................      92524   0.86       0.45    
Bromoform..............................      75252   1.00       0.49    
Butadiene (1,3-).......................     106990   1.00       0.98    

[[Page 588]]

                                                                        
Carbon disulfide.......................      75150   1.00       0.92    
Carbon tetrachloride...................      56235   1.00       0.94    
Chlorobenzene..........................     108907   0.96       0.73    
Chloroform.............................      67663   1.00       0.78    
Chloroprene (2-Chloro-1,3-butadiene)...     126998   1.00       0.68    
Cumene.................................      98828   1.00       0.88    
Dichlorobenzene (p-)...................     106467   1.00       0.72    
Dichloroethane (1,2-) (Ethylene                                         
 dichloride)...........................     107062   1.00       0.64    
Dichloroethyl ether (Bis(2-Chloroethyl                                  
 ether))...............................     111444   0.76       0.21    
Dichloropropene (1,3-).................     542756   1.00       0.76    
Diethyl sulfate........................      64675   0.0025     0.11    
Dimethyl sulfate.......................      77781   0.086      0.079   
Dimethylaniline (N,N-).................     121697   0.00080    0.34    
Dimethylhydrazine (1,1-)...............      57147   0.38       0.054   
Dinitrophenol (2,4-)...................      51285   0.0077     0.060   
Dinitrotoluene (2,4-)..................     121142   0.085      0.18    
Dioxane (1,4-) (1,4-Diethyleneoxide)...     123911   0.87       0.18    
Epichlorohydrin(1-Chloro-2,3-                                           
 epoxypropane).........................     106898   0.94       0.35    
Ethyl acrylate.........................     140885   1.00       0.48    
Ethylbenzene...........................     100414   1.00       0.83    
Ethyl chloride (Chloroethane)..........      75003   1.00       0.90    
Ethylene dibromide (Dibromomethane)....     106934   1.00       0.57    
Ethylene glycol dimethyl ether.........     110714   0.86       0.32    
Ethylene glycol monobutyl ether acetate     112072   0.043      0.067   
Ethylene glycol monomethyl ether                                        
 acetate...............................     110496   0.093      0.048   
Ethylene oxide.........................      75218   1.00       0.50    
Ethylidene dichloride (1,1-                                             
 Dichloroethane).......................      75343   1.00       0.79    
Hexachlorobenzene......................     118741   0.97       0.64    
Hexachlorobutadiene....................      87683   0.88       0.86    
Hexachloroethane.......................      67721   0.50       0.85    
Hexane.................................     110543   1.00       1.00    
Isophorone.............................      78591   0.47       0.11    
Methanol...............................      67561   0.85       0.17    
Methyl bromide (Bromomethane)..........      74839   1.00       0.85    
Methyl chloride (Chloromethane)........      74873   1.00       0.84    
Methyl ethyl ketone (2-Butanone).......      78933   0.99       0.48    
Methyl isobutyl ketone (Hexone)........     108101   0.98       0.53    
Methyl methacrylate....................      80626   1.00       0.37    
Methyl tert-butyl ether................    1634044   1.00       0.57    
Methylene chloride (Dichloromethane)...      75092   1.00       0.77    
Naphthalene............................      91203   0.99       0.51    
Nitrobenzene...........................      98953   0.39       0.23    
Nitropropane (2-)......................      79469   0.99       0.44    
Phosgene...............................      75445   1.00       0.87    
Propionaldehyde........................     123386   1.00       0.41    
Propylene dichloride (1,2-                                              
 Dichloropropane)......................      78875   1.00       0.72    
Propylene oxide........................      75569   1.00       0.60    
Styrene................................     100425   1.00       0.80    
Tetrachloroethane (1,1,2,2-)...........      79345   1.00       0.46    
Tetrachloroethylene (Perchloroethylene)     127184   1.00       0.92    
Toluene................................     108883   1.00       0.80    
Toluidine (o-).........................      95534   0.15       0.052   
Trichlorobenzene (1,2,4-)..............     120821   1.00       0.64    
Trichloroethane (1,1,1-) (Methyl                                        
 chloroform)...........................      71556   1.00       0.91    
Trichloroethane (1,1,2-) (Vinyl                                         
 Trichloride)..........................      79005   0.98       0.60    
Trichloroethylene......................      79016   1.00       0.87    
Trichlorophenol (2,4,5-)...............      95954   1.00       0.086   
Triethylamine..........................     121448   1.00       0.38    
Trimethylpentane (2,2,4-)..............     540841   1.00       1.00    
Vinyl acetate..........................     108054   1.00       0.59    
Vinyl chloride (Chloroethylene)........      75014   1.00       0.97    
Vinylidene chloride (1,1-                                               
 Dichloroethylene).....................      75354   1.00       0.94    
Xylene (m-)............................     108383   1.00       0.82    
Xylene (o-)............................      95476   1.00       0.79    
Xylene (p-)............................     106423   1.00       0.82    
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number   
  assigned to specific compounds, isomers, or mixtures of compounds.    


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[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 29201, June 6, 1994; 61 
Fr 63629-63630, Dec. 12, 1995]

[[Page 599]]



    Subpart H--National Emission Standards for Organic Hazardous Air 
                     Pollutants for Equipment Leaks

    Source: 59 FR 19568, Apr. 22, 1994, unless otherwise noted.



Sec. 63.160  Applicability and designation of source.

    (a) The provisions of this subpart apply to pumps, compressors, 
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, surge control vessels, 
bottoms receivers, instrumentation systems, and control devices or 
systems required by this subpart that are intended to operate in organic 
hazardous air pollutant service 300 hours or more during the calendar 
year within a source subject to the provisions of a specific subpart in 
40 CFR part 63 that references this subpart.
    (b) After the compliance date for a process unit, equipment to which 
this subpart applies that are also subject to the provisions of:
    (1) 40 CFR part 60 will be required to comply only with the 
provisions of this subpart.
    (2) 40 CFR part 61 will be required to comply only with the 
provisions of this subpart.
    (c) If a process unit subject to the provisions of this subpart has 
equipment to which this subpart does not apply, but which is subject to 
a standard identified in paragraph (c)(1), (c)(2), or (c)(3) of this 
section, the owner or operator may elect to apply this subpart to all 
such equipment in the process unit. If the owner or operator elects this 
method of compliance, all VOC in such equipment shall be considered, for 
purposes of applicability and compliance with this subpart, as if it 
were organic hazardous air pollutant (HAP). Compliance with the 
provisions of this subpart, in the manner described in this paragraph, 
shall be deemed to constitute compliance with the standard identified in 
paragraph (c)(1), (c)(2), or (c)(3) of this section.
    (1) 40 CFR part 60, subpart VV, GGG, or KKK; (2) 40 CFR part 61, 
subpart F or J; or (3) 40 CFR part 264, subpart BB or 40 CFR part 265, 
subpart BB.
    (2) [Reserved]
    (d) The provisions in Sec. 63.1(a)(3) of subpart A of this part do 
not alter the provisions in paragraph (b) of this section.
    (e) Except as provided in any subpart that references this subpart, 
lines and equipment not containing process fluids are not subject to the 
provisions of this subpart. Utilities, and other non-process lines, such 
as heating and cooling systems which do not combine their materials with 
those in the processes they serve, are not considered to be part of a 
process unit.
    (f) The provisions of this subpart do not apply to research and 
development facilities or to bench-scale batch processes, regardless of 
whether the facilities or processes are located at the same plant site 
as a process subject to the provisions of this subpart.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
59 FR 53360, Oct. 24, 1994; 60 FR 18029, Apr. 10, 1995; 61 FR 31439, 
June 20, 1996]



Sec. 63.161  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in this section as follows, except as provided in any 
subpart that references this subpart.
    Batch process means a process in which the equipment is fed 
intermittently or discontinuously. Processing then occurs in this 
equipment after which the equipment is generally emptied. Examples of 
industries that use batch processes include pharmaceutical production 
and pesticide production.
    Batch product-process equipment train means the collection of 
equipment (e.g., connectors, reactors, valves, pumps, etc.) configured 
to produce a specific product or intermediate by a batch process.
    Bench-scale batch process means a batch process (other than a 
research and development facility) that is operated on a small scale, 
such as one capable of being located on a laboratory bench top. This 
bench-scale equipment will typically include reagent feed vessels, a 
small reactor and associated product separator, recovery and holding 
equipment. These processes are only capable of producing small 
quantities of product.

[[Page 600]]

    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    Closed-loop system means an enclosed system that returns process 
fluid to the process and is not vented to the atmosphere except through 
a closed-vent system.
    Closed-purge system means a system or combination of system and 
portable containers, to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    Closed-vent system means a system that is not open to the atmosphere 
and that is composed of hard-piping, ductwork, connections and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device or back into a process.
    Compliance date means the dates specified in Sec. 63.100(k) or 
Sec. 63.100(l)(3) of subpart F of this part for process units subject to 
subpart F of this part; the dates specified in Sec. 63.190(e) of subpart 
I of this part for process units subject to subpart I of this part. For 
sources subject to other subparts in 40 CFR part 63 that reference this 
subpart, compliance date will be defined in those subparts. However, the 
compliance date for Sec. 63.170 shall be no later than 3 years after the 
effective date of those subparts unless otherwise specified in such 
other subparts.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, glass, or glass-lined as described in Sec. 63.174(h) of 
this subpart.
    Control device means any equipment used for recovering or oxidizing 
organic hazardous air pollutant vapors. Such equipment includes, but is 
not limited to, absorbers, carbon adsorbers, condensers, flares, 
boilers, and process heaters.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Equipment means each pump, compressor, agitator, pressure relief 
device, sampling connection system, open-ended valve or line, valve, 
connector, surge control vessel, bottoms receiver, and instrumentation 
system in organic hazardous air pollutant service; and any control 
devices or systems required by this subpart.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere.
    Flow indicator means a device which indicates whether gas flow is, 
or whether the valve position would allow gas flow to be, present in a 
line.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgement and standards, such as ANSI 
B31-3.
    In food/medical service means that a piece of equipment in organic 
hazardous air pollutant service contacts a process stream used to 
manufacture a Food and Drug Administration regulated product where 
leakage of a barrier fluid into the process stream would cause any of 
the following:
    (1) A dilution of product quality so that the product would not meet 
written specifications,
    (2) An exothermic reaction which is a safety hazard,
    (3) The intended reaction to be slowed down or stopped, or
    (4) An undesired side reaction to occur.
    In gas/vapor service means that a piece of equipment in organic 
hazardous air pollutant service contains a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in organic 
hazardous air pollutant service is not in gas/vapor service or in light 
liquid service.

[[Page 601]]

    In light liquid service means that a piece of equipment in organic 
hazardous air pollutant service contains a liquid that meets the 
following conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20  deg.C,
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
deg.C is equal to or greater than 20 percent by weight of the total 
process stream, and
    (3) The fluid is a liquid at operating conditions.

    Note: Vapor pressures may be determined by the methods described in 
40 CFR 60.485(e)(1).

    In liquid service means that a piece of equipment in organic 
hazardous air pollutant service is not in gas/vapor service.
    In organic hazardous air pollutant or in organic HAP service means 
that a piece of equipment either contains or contacts a fluid (liquid or 
gas) that is at least 5 percent by weight of total organic HAP's as 
determined according to the provisions of Sec. 63.180(d) of this 
subpart. The provisions of Sec. 63.180(d) of this subpart also specify 
how to determine that a piece of equipment is not in organic HAP 
service.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals below ambient pressure.
    In volatile organic compound or in VOC service means, for the 
purposes of this subpart, that:
    (1) The piece of equipment contains or contacts a process fluid that 
is at least 10 percent VOC by weight (see 40 CFR 60.2 for the definition 
of VOC, and 40 CFR 60.485(d) to determine whether a piece of equipment 
is not in VOC service); and
    (2) The piece of equipment is not in heavy liquid service as defined 
in 40 CFR 60.481.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    Initial start-up means the first time a new or reconstructed source 
begins production. Initial start-up does not include operation solely 
for testing equipment. Initial start-up does not include subsequent 
start-ups (as defined in this section) of process units following 
malfunctions or process unit shutdowns.
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(e.g., composition, pressure, flow, etc.). Valves and connectors are the 
predominant type of equipment used in instrumentation systems; however, 
other types of equipment may also be included in these systems. Only 
valves nominally 0.5 inches and smaller, and connectors nominally 0.75 
inches and smaller in diameter are considered instrumentation systems 
for the purposes of this subpart. Valves greater than nominally 0.5 
inches and connectors greater than nominally 0.75 inches associated with 
instrumentation systems are not considered part of instrumentation 
systems and must be monitored individually.
    Liquids dripping means any visible leakage from the seal including 
dripping, spraying, misting, clouding, and ice formation. Indications of 
liquid dripping include puddling or new stains that are indicative of an 
existing evaporated drip.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a process 
unit shutdown.
    Open-ended valve or line means any valve, except pressure relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to atmosphere, either directly or through open piping.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Polymerizing monomer means a molecule or compound usually containing 
carbon and of relatively low molecular weight and simple structure 
(e.g., hydrogen cyanide, acrylonitrile, styrene),

[[Page 602]]

which is capable of conversion to polymers, synthetic resins, or 
elastomers by combination with itself due to heat generation caused by a 
pump mechanical seal surface, contamination by a seal fluid (e.g., 
organic peroxides or chemicals that will form organic peroxides), or a 
combination of both with the resultant polymer buildup causing rapid 
mechanical seal failure.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device. This release can be one release or a series of releases 
over a short time period due to a malfunction in the process.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 psig or by a vacuum are not 
pressure relief devices.
    Process unit means a chemical manufacturing process unit as defined 
in subpart F of this part, a process subject to the provisions of 
subpart I of this part, or a process subject to another subpart in 40 
CFR part 63 that references this subpart.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be effected. An unscheduled 
work practice or operational procedure that stops production from a 
process unit or part of a process unit for less than 24 hours is not a 
process unit shutdown. An unscheduled work practice or operational 
procedure that would stop production from a process unit or part of a 
process unit for a shorter period of time than would be required to 
clear the process unit or part of the process unit of materials and 
start up the unit, and would result in greater emissions than delay of 
repair of leaking components until the next scheduled process unit 
shutdown, is not a process unit shutdown. The use of spare equipment and 
technically feasible bypassing of equipment without stopping production 
are not process unit shutdowns.
    Repaired means that equipment is adjusted, or otherwise altered, to 
eliminate a leak as defined in the applicable sections of this subpart.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take non-routine grab 
samples is not considered a sampling connection system.
    Screwed connector means a threaded pipe fitting where the threads 
are cut on the pipe wall and the fitting requires only two pieces to 
make the connection (i.e., the pipe and the fitting).
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Set pressure means the pressure at which a properly operating 
pressure relief device begins to open to relieve atypical process system 
operating pressure.
    Start-up means the setting in operation of a piece of equipment or a 
control device that is subject to this subpart.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit (as defined in the specific subpart that references this subpart) 
when in-process storage, mixing, or management of flow rates or volumes 
is needed to assist in production of a product.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
60 FR 18024, 18029, Apr. 10, 1995; 61 FR 31439, June 20, 1996]



Sec. 63.162  Standards: General.

    (a) Compliance with this subpart will be determined by review of the 
records required by Sec. 63.181 of this subpart and the reports required 
by Sec. 63.182 of this subpart, review of performance test results, and 
by inspections.
    (b)(1) An owner or operator may request a determination of 
alternative means of emission limitation to the requirements of 
Secs. 63.163 through 63.170,

[[Page 603]]

and Secs. 63.172 through 63.174 of this subpart as provided in 
Sec. 63.177.
    (2) If the Administrator makes a determination that a means of 
emission limitation is a permissible alternative to the requirements of 
Secs. 63.163 through 63.170, and Secs. 63.172 through 63.174 of this 
subpart, the owner or operator shall comply with the alternative.
    (c) Each piece of equipment in a process unit to which this subpart 
applies shall be identified such that it can be distinguished readily 
from equipment that is not subject to this subpart. Identification of 
the equipment does not require physical tagging of the equipment. For 
example, the equipment may be identified on a plant site plan, in log 
entries, or by designation of process unit boundaries by some form of 
weatherproof identification.
    (d) Equipment that is in vacuum service is excluded from the 
requirements of this subpart.
    (e) Equipment that is in organic HAP service less than 300 hours per 
calendar year is excluded from the requirements of Secs. 63.163 through 
63.174 of this subpart and Sec. 63.178 of this subpart if it is 
identified as required in Sec. 63.181(j) of this subpart.
    (f) When each leak is detected as specified in Secs. 63.163 and 
63.164; Secs. 63.168 and 63.169; and Secs. 63.172 through 63.174 of this 
subpart, the following requirements apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (2) The identification on a valve or connector may be removed after 
it has been monitored as specified in Sec. 63.168(f)(3), Sec. 63.174(e), 
and Sec. 63.175(e)(7)(i)(D) of this subpart, and no leak has been 
detected during the follow-up monitoring.
    (3) The identification on equipment, except on a valve or connector, 
may be removed after it has been repaired. The identification on a valve 
or connector may be removed after it has been monitored as specified in 
Sec. 63.168(f)(3), Sec. 63.174(e), or Sec. 63.175(e)(7)(i)(D), and no 
leak has been detected during the followup monitoring.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994]



Sec. 63.163  Standards: Pumps in light liquid service.

    (a) The provisions of this section apply to each pump that is in 
light liquid service.
    (1) The provisions are to be implemented on the dates specified in 
the specific subpart in 40 CFR part 63 that references this subpart in 
the phases specified below:
    (i) For each group of existing process units at existing sources 
subject to the provisions of subparts F or I of this part, the phases of 
the standard are:
    (A) Phase I, beginning on the compliance date;
    (B) Phase II, beginning no later than 1 year after the compliance 
date; and
    (C) Phase III, beginning no later than 2\1/2\ years after the 
compliance date.
    (ii) For new sources subject to the provisions of subparts F or I of 
this part, the applicable phases of the standard are:
    (A) After initial start-up, comply with the Phase II requirements; 
and
    (B) Beginning no later than 1 year after initial start-up, comply 
with the Phase III requirements.
    (2) The owner or operator of a source subject to the provisions of 
subparts F or I of this part may elect to meet the requirements of a 
later phase during the time period specified for an earlier phase.
    (3) Sources subject to other subparts in 40 CFR part 63 that 
reference this subpart shall comply on the dates specified in the 
applicable subpart.
    (b)(1) The owner or operator of a process unit subject to this 
subpart shall monitor each pump monthly to detect leaks by the method 
specified in Sec. 63.180(b) of this subpart and shall comply with the 
requirements of paragraphs (a) through (d) of this section, except as 
provided in Sec. 63.162(b) of this subpart and paragraphs (e) through 
(i) of this section.
    (2) The instrument reading, as determined by the method as specified 
in Sec. 63.180(b) of this subpart, that defines a leak in each phase of 
the standard is:
    (i) For Phase I, an instrument reading of 10,000 parts per million 
or greater.
    (ii) For Phase II, an instrument reading of 5,000 parts per million 
or greater.

[[Page 604]]

    (iii) For Phase III, an instrument reading of:
    (A) 5,000 parts per million or greater for pumps handling 
polymerizing monomers;
    (B) 2,000 parts per million or greater for pumps in food/medical 
service; and
    (C) 1,000 parts per million or greater for all other pumps.
    (3) Each pump shall be checked by visual inspection each calendar 
week for indications of liquids dripping from the pump seal. If there 
are indications of liquids dripping from the pump seal, a leak is 
detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in paragraph (c)(3) of this section or Sec. 63.171 of 
this subpart.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected. First attempts at repair include, but 
are not limited to, the following practices where practicable:
    (i) Tightening of packing gland nuts.
    (ii) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (3) For pumps in Phase III to which a 1,000 parts per million leak 
definition applies, repair is not required unless an instrument reading 
of 2,000 parts per million or greater is detected.
    (d)(1) The owner or operator shall decide no later than the first 
monitoring period whether to calculate percent leaking pumps on a 
process unit basis or on a source-wide basis. Once the owner or operator 
has decided, all subsequent percent calculations shall be made on the 
same basis.
    (2) If, in Phase III, calculated on a 6-month rolling average, the 
greater of either 10 percent of the pumps in a process unit or three 
pumps in a process unit leak, the owner or operator shall implement a 
quality improvement program for pumps that complies with the 
requirements of Sec. 63.176 of this subpart.
    (3) The number of pumps at a process unit shall be the sum of all 
the pumps in organic HAP service, except that pumps found leaking in a 
continuous process unit within 1 month after start-up of the pump shall 
not count in the percent leaking pumps calculation for that one 
monitoring period only.
    (4) Percent leaking pumps shall be determined by the following 
equation:

%PL=((PL-PS)/(PT-PS)) x 100

where:

%PL=Percent leaking pumps
PL=Number of pumps found leaking as determined through monthly 
monitoring as required in paragraphs (b)(1) and (b)(2) of this section.
PT=Total pumps in organic HAP service, including those meeting the 
criteria in paragraphs (e) and (f) of this section.
PS=Number of pumps leaking within 1 month of start-up during the 
current monitoring period.
    (e) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraphs (a) through (d) of this section, provided the following 
requirements are met:
    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
connected by a closed-vent system to a control device that complies with 
the requirements of Sec. 63.172 of this subpart; or
    (iii) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (2) The barrier fluid is not in light liquid service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4) Each pump is checked by visual inspection each calendar week for 
indications of liquids dripping from the pump seal.
    (i) If there are indications of liquids dripping from the pump seal 
at the time of the weekly inspection, the pump shall be monitored as 
specified in Sec. 63.180(b) of this subpart to determine if there is a 
leak of organic HAP in the barrier fluid.
    (ii) If an instrument reading of 1,000 parts per million or greater 
is measured, a leak is detected.
    (5) Each sensor as described in paragraph (e)(3) of this section is 
observed

[[Page 605]]

daily or is equipped with an alarm unless the pump is located within the 
boundary of an unmanned plant site.
    (6)(i) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates failure 
of the seal system, the barrier fluid system, or both.
    (ii) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(6)(i) of this section, or if, 
based on the criteria established in paragraph (e)(6)(i) of this 
section, the sensor indicates failure of the seal system, the barrier 
fluid system, or both, a leak is detected.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (iv) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (f) Any pump that is designed with no externally actuated shaft 
penetrating the pump housing is exempt from the requirements of 
paragraphs (a) through (c) of this section.
    (g) Any pump equipped with a closed-vent system capable of capturing 
and transporting any leakage from the seal or seals back to the process 
or to a control device that complies with the requirements of 
Sec. 63.172 of this subpart is exempt from the requirements of 
paragraphs (b) through (e) of this section.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (b)(3) and (e)(4) of this section, and the daily requirements 
of paragraph (e)(5) of this section, provided that each pump is visually 
inspected as often as practicable and at least monthly.
    (i) If more than 90 percent of the pumps at a process unit meet the 
criteria in either paragraph (e) or (f) of this section, the process 
unit is exempt from the requirements of paragraph (d) of this section.
    (j) Any pump that is designated, as described in 
Sec. 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor pump is 
exempt from the requirements of paragraphs (b) through (e) of this 
section if:
    (1) The owner or operator of the pump determines that the pump is 
unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraphs (b) 
through (d) of this section; and
    (2) The owner or operator of the pump has a written plan that 
requires monitoring of the pump as frequently as practical during safe-
to-monitor times, but not more frequently than the periodic monitoring 
schedule otherwise applicable.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
61 FR 31439, June 20, 1996]



Sec. 63.164  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of process 
fluid to the atmosphere, except as provided in Sec. 63.162(b) of this 
subpart and paragraphs (h) and (i) of this section.
    (b) Each compressor seal system as required in paragraph (a) of this 
section shall be:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure; or
    (2) Equipped with a barrier fluid system that is connected by a 
closed-vent system to a control device that complies with the 
requirements of Sec. 63.172 of this subpart; or
    (3) Equipped with a closed-loop system that purges the barrier fluid 
directly into a process stream.
    (c) The barrier fluid shall not be in light liquid service.
    (d) Each barrier fluid system as described in paragraphs (a) through 
(c) of this section shall be equipped with a sensor that will detect 
failure of the seal system, barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be observed daily or shall be equipped with an alarm unless the 
compressor is located within the boundary of an unmanned plant site.
    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.

[[Page 606]]

    (f) If the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined under paragraph 
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
through (f) of this section if it is equipped with a closed-vent system 
capable of capturing and transporting any leakage from the seal back to 
the process or to a control device that complies with the requirements 
of Sec. 63.172 of this subpart.
    (i) Any compressor that is designated, as described in 
Sec. 63.181(b)(2)(ii) of this subpart, to operate with an instrument 
reading of less than 500 parts per million above background, is exempt 
from the requirements of paragraphs (a) through (h) of this section if 
the compressor:
    (1) Is demonstrated to be operating with an instrument reading of 
less than 500 parts per million above background, as measured by the 
method specified in Sec. 63.180(c) of this subpart; and
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994]



Sec. 63.165  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with an instrument reading of less 
than 500 parts per million above background except as provided in 
paragraph (b) of this section, as measured by the method specified in 
Sec. 63.180(c) of this subpart.
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition indicated by an instrument reading of less 
than 500 parts per million above background, as soon as practicable, but 
no later than 5 calendar days after each pressure release, except as 
provided in Sec. 63.171 of this subpart.
    (2) No later than 5 calendar days after the pressure release and 
being returned to organic HAP service, the pressure relief device shall 
be monitored to confirm the condition indicated by an instrument reading 
of less than 500 parts per million above background, as measured by the 
method specified in Sec. 63.180(c) of this subpart.
    (c) Any pressure relief device that is equipped with a closed-vent 
system capable of capturing and transporting leakage from the pressure 
relief device to a control device as described in Sec. 63.172 of this 
subpart is exempt from the requirements of paragraphs (a) and (b) of 
this section.
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a rupture disk shall be installed 
upstream of the pressure relief device as soon as practicable, but no 
later than 5 calendar days after each pressure release, except as 
provided in Sec. 63.171 of this subpart.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994]



Sec. 63.166  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system, except as provided in 
Sec. 63.162(b) of this subpart. Gases displaced during filling of the 
sample container are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall:
    (1) Return the purged process fluid directly to the process line; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport the purged 
process fluid to a control device that complies with the requirements of 
Sec. 63.172 of this subpart; or

[[Page 607]]

    (4) Collect, store, and transport the purged process fluid to a 
system or facility identified in paragraph (b)(4)(i), (ii), or (iii) of 
this section.
    (i) A waste management unit as defined in Sec. 63.111 of subpart G 
of this part, if the waste management unit is subject to, and operated 
in compliance with the provisions of subpart G of this part applicable 
to group 1 wastewater streams. If the purged process fluid does not 
contain any organic HAP listed in Table 9 of subpart G of part 63, the 
waste management unit need not be subject to, and operated in compliance 
with the requirements of 40 CFR part 63, subpart G applicable to group 1 
wastewater streams provided the facility has an NPDES permit or sends 
the wastewater to an NPDES permitted facility.
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261.
    (c) In-situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.

[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31439, June 20, 1996]



Sec. 63.167  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve, except as provided in 
Sec. 63.162(b) of this subpart and paragraphs (d) and (e) of this 
section.
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring process fluid flow 
through the open-ended valve or line, or during maintenance or repair.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (c) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (a) of 
this section at all other times.
    (d) Open-ended valves or lines in an emergency shutdown system which 
are designed to open automatically in the event of a process upset are 
exempt from the requirements of paragraphs (a), (b) and (c) of this 
section.
    (e) Open-ended valves or lines containing materials which would 
autocatalytically polymerize or, would present an explosion, serious 
overpressure, or other safety hazard if capped or equipped with a double 
block and bleed system as specified in paragraphs (a) through (c) of 
this section are exempt from the requirements of paragraph (a) through 
(c) of this section.

[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996]



Sec. 63.168  Standards: Valves in gas/vapor service and in light liquid service.

    (a) The provisions of this section apply to valves that are either 
in gas service or in light liquid service.
    (1) The provisions are to be implemented on the dates set forth in 
the specific subpart in 40 CFR part 63 that references this subpart as 
specified in paragraph (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this 
section.
    (i) For each group of existing process units at existing sources 
subject to the provisions of subpart F or I of this part, the phases of 
the standard are:
    (A) Phase I, beginning on the compliance date;
    (B) Phase II, beginning no later than 1 year after the compliance 
date; and
    (C) Phase III, beginning no later than 2\1/2\ years after the 
compliance date.
    (ii) For new sources subject to the provisions of subpart F or I of 
this part, the applicable phases of the standard are:
    (A) After initial start-up, comply with the Phase II requirements; 
and
    (B) Beginning no later than 1 year after initial start-up, comply 
with the Phase III requirements.
    (iii) Sources subject to other subparts in 40 CFR part 63 that 
reference this subpart shall comply on the dates specified in the 
applicable subpart.
    (2) The owner or operator of a source subject to this subpart may 
elect to

[[Page 608]]

meet the requirements of a later phase during the time period specified 
for an earlier phase.
    (3) The use of monitoring data generated before April 22, 1994 to 
qualify for less frequent monitoring is governed by the provisions of 
Sec. 63.180(b)(6) of this subpart.
    (b) The owner or operator of a source subject to this subpart shall 
monitor all valves, except as provided in Sec. 63.162(b) of this subpart 
and paragraphs (h) and (i) of this section, at the intervals specified 
in paragraphs (c) and (d) of this section and shall comply with all 
other provisions of this section, except as provided in Sec. 63.171, 
Sec. 63.177, Sec. 63.178, and Sec. 63.179 of this subpart.
    (1) The valves shall be monitored to detect leaks by the method 
specified in Sec. 63.180(b) of this subpart.
    (2) The instrument reading that defines a leak in each phase of the 
standard is:
    (i) For Phase I, an instrument reading of 10,000 parts per million 
or greater.
    (ii) For Phase II, an instrument reading of 500 parts per million or 
greater.
    (iii) For Phase III, an instrument reading of 500 parts per million 
or greater.
    (c) In Phases I and II, each valve shall be monitored quarterly.
    (d) In Phase III, the owner or operator shall monitor valves for 
leaks at the intervals specified below:
    (1) At process units with 2 percent or greater leaking valves, 
calculated according to paragraph (e) of this section, the owner or 
operator shall either:
    (i) Monitor each valve once per month; or
    (ii) Within the first year after the onset of Phase III, implement a 
quality improvement program for valves that complies with the 
requirements of Sec. 63.175 (d) or (e) of this subpart and monitor 
quarterly.
    (2) At process units with less than 2 percent leaking valves, the 
owner or operator shall monitor each valve once each quarter, except as 
provided in paragraphs (d)(3) and (d)(4) of this section.
    (3) At process units with less than 1 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 2 quarters.
    (4) At process units with less than 0.5 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 4 quarters.
    (e)(1) Percent leaking valves at a process unit shall be determined 
by the following equation:

%VL=(VL/(VT+VC)) x 100

where:

%VL=Percent leaking valves.
VL=Number of valves found leaking excluding nonrepairables as 
provided in paragraph (e)(3)(i) of this section.
VT=Total valves monitored, in a monitoring period excluding valves 
monitored as required by (f)(3) of this section.
VC=Optional credit for removed valves=0.67  x  net number (i.e., 
total removed-total added) of valves in organic HAP service removed from 
process unit after the date set forth in Sec. 63.100(k) of subpart F for 
existing process units, and after the date of initial start-up for new 
sources. If credits are not taken, then VC=0.

    (2) For use in determining monitoring frequency, as specified in 
paragraph (d) of this section, the percent leaking valves shall be 
calculated as a rolling average of two consecutive monitoring periods 
for monthly, quarterly, or semiannual monitoring programs; and as an 
average of any three out of four consecutive monitoring periods for 
annual monitoring programs.
    (3)(i) Nonrepairable valves shall be included in the calculation of 
percent leaking valves the first time the valve is identified as leaking 
and nonrepairable and as required to comply with paragraph (e)(3)(ii) of 
this section. Otherwise, a number of nonrepairable valves (identified 
and included in the percent leaking calculation in a previous period) up 
to a maximum of 1 percent of the total number of valves in organic HAP 
service at a process unit may be excluded from calculation of percent 
leaking valves for subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total

[[Page 609]]

number of valves in organic HAP service at a process unit, the number of 
nonrepairable valves exceeding 1 percent of the total number of valves 
in organic HAP service shall be included in the calculation of percent 
leaking valves.
    (f)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec. 63.171 of this subpart.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (3) When a leak is repaired, the valve shall be monitored at least 
once within the first 3 months after its repair.
    (g) First attempts at repair include, but are not limited to, the 
following practices where practicable:
    (1) Tightening of bonnet bolts,
    (2) Replacement of bonnet bolts,
    (3) Tightening of packing gland nuts, and
    (4) Injection of lubricant into lubricated packing.
    (h) Any valve that is designated, as described in 
Sec. 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor valve is 
exempt from the requirements of paragraphs (b) through (f) of this 
section if:
    (1) The owner or operator of the valve determines that the valve is 
unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraphs (b) 
through (d) of this section; and
    (2) The owner or operator of the valve has a written plan that 
requires monitoring of the valve as frequently as practicable during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable.
    (i) Any valve that is designated, as described in 
Sec. 63.181(b)(7)(ii) of this subpart, as a difficult-to-monitor valve 
is exempt from the requirements of paragraphs (b) through (d) of this 
section if:
    (1) The owner or operator of the valve determines that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface or it is not accessible at anytime in a 
safe manner;
    (2) The process unit within which the valve is located is an 
existing source or the owner or operator designates less than 3 percent 
of the total number of valves in a new source as difficult-to-monitor; 
and
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.
    (j) Any equipment located at a plant site with fewer than 250 valves 
in organic HAP service is exempt from the requirements for monthly 
monitoring and a quality improvement program specified in paragraph 
(d)(1) of this section. Instead, the owner or operator shall monitor 
each valve in organic HAP service for leaks once each quarter, or comply 
with paragraph (d)(3) or (d)(4) of this section except as provided in 
paragraphs (h) and (i) of this section.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 
61 FR 31440, June 20, 1996]



Sec. 63.169  Standards: Pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid 
          service.

    (a) Pumps, valves, connectors, and agitators in heavy liquid 
service, pressure relief devices in light liquid or heavy liquid 
service, and instrumentation systems shall be monitored within 5 
calendar days by the method specified in Sec. 63.180(b) of this subpart 
if evidence of a potential leak to the atmosphere is found by visual, 
audible, olfactory, or any other detection method. If such a potential 
leak is repaired as required in paragraphs (c) and (d) of this section, 
it is not necessary to monitor the system for leaks by the method 
specified in Sec. 63.180(b) of this subpart.
    (b) If an instrument reading of 10,000 parts per million or greater 
for agitators, 5,000 parts per million or greater for pumps handling 
polymerizing monomers, 2,000 parts per million or greater for pumps in 
food/medical service or pumps subject to Sec. 63.163(b)(iii)(C), or 500 
parts per million or greater for valves, connectors, instrumentation 
systems, and pressure relief devices is measured, a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it

[[Page 610]]

is detected, except as provided in Sec. 63.171 of this subpart.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (3) For equipment identified in paragraph (a) of this section that 
is not monitored by the method specified in Sec. 63.180(b) of this 
subpart, repaired shall mean that the visual, audible, olfactory, or 
other indications of a leak have been eliminated; that no bubbles are 
observed at potential leak sites during a leak check using soap 
solution; or that the system will hold a test pressure.
    (d) First attempts at repair include, but are not limited to, the 
practices described under Secs. 63.163(c)(2) and 63.168(g) of this 
subpart, for pumps and valves, respectively.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
60 FR 18029, Apr. 10, 1995]



Sec. 63.170  Standards: Surge control vessels and bottoms receivers.

    Each surge control vessel or bottoms receiver that is not routed 
back to the process and that meets the conditions specified in table 2 
or table 3 of this subpart shall be equipped with a closed-vent system 
that routes the organic vapors vented from the surge control vessel or 
bottoms receiver back to the process or to a control device that 
complies with the requirements in Sec. 63.172 of this subpart, except as 
provided in Sec. 63.162(b) of this subpart, or comply with the 
requirements of Sec. 63.119(b) or (c) of subpart G of this part.

[60 FR 18024, Apr. 10, 1995]



Sec. 63.171  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
is allowed if the repair is technically infeasible without a process 
unit shutdown. Repair of this equipment shall occur by the end of the 
next process unit shutdown.
    (b) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that does 
not remain in organic HAP service.
    (c) Delay of repair for valves, connectors, and agitators is also 
allowed if:
    (1) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 63.172 of this subpart.
    (d) Delay of repair for pumps is also allowed if:
    (1) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions of 
Sec. 63.176(d) of this subpart will provide better performance or:
    (i) A dual mechanical seal system that meets the requirements of 
Sec. 63.163(e) of this subpart,
    (ii) A pump that meets the requirements of Sec. 63.163(f) of this 
subpart, or
    (iii) A closed-vent system and control device that meets the 
requirements of Sec. 63.163(g) of this subpart; and
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit shutdown, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the second process unit 
shutdown will not be allowed unless the third process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994]



Sec. 63.172  Standards: Closed-vent systems and control devices.

    (a) Owners or operators of closed-vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section, except as provided in Sec. 63.162(b) of this 
subpart.

[[Page 611]]

    (b) Vapor recovery systems (e.g., condensers and adsorbers) shall be 
designed and operated to recover the organic HAP emissions or VOC 
emissions vented to them with an efficiency of 95 percent or greater.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the organic HAP emissions or VOC emissions vented to them with an 
efficiency of 95 percent or greater or to provide a minimum residence 
time of 0.50 seconds at a minimum temperature of 760  deg.C.
    (d) Flares used to comply with this subpart shall comply with the 
requirements of Sec. 63.11(b) of subpart A of this part.
    (e) Owners or operators of control devices that are used to comply 
with the provisions of this subpart shall monitor these control devices 
to ensure that they are operated and maintained in conformance with 
their design.

    Note: The intent of this provision is to ensure proper operation and 
maintenance of the control device.

    (f) Except as provided in paragraphs (k) and (l) of this section, 
each closed-vent system shall be inspected according to the procedures 
and schedule specified in paragraphs (f)(1) and (f)(2) of this section.
    (1) If the closed-vent system is constructed of hard-piping, the 
owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (g) of this section, and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed-vent system is 
constructed of duct work, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
paragraph (g) of this section, and
    (ii) Conduct annual inspections according to the procedures in 
paragraph (g) of this section.
    (g) Each closed-vent system shall be inspected according to the 
procedures in Sec. 63.180(b) of this subpart.
    (h) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (i) of 
this section.
    (1) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (i) Delay of repair of a closed-vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown or if the owner or operator determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next process unit 
shutdown.
    (j) For each closed-vent system that contains bypass lines that 
could divert a vent stream away from the control device and to the 
atmosphere, the owner or operator shall comply with the provisions of 
either paragraph (j)(1) or (j)(2) of this section, except as provided in 
paragraph (j)(3) of this section.
    (1) Install, set or adjust, maintain, and operate a flow indicator 
that takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 63.118(a)(3) of subpart G of this part. 
The flow indicator shall be installed at the entrance to any bypass 
line; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure the valve is maintained in the closed position and the vent 
stream is not diverted through the bypass line.
    (3) Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, and pressure relief valves needed for 
safety purposes are not subject to this paragraph.
    (k) Any parts of the closed-vent system that are designated, as 
described in paragraph 63.181(b)(7)(i), as unsafe to inspect are exempt 
from the inspection requirements of paragraphs (f)(1) and (f)(2) of this 
section if:
    (1) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be

[[Page 612]]

exposed to an imminent or potential danger as a consequence of complying 
with paragraph (f)(1) or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times, but not more frequently than annually.
    (l) Any parts of the closed-vent system that are designated, as 
described in Sec. 63.181 (b)(7)(i) of this subpart, as difficult to 
inspect are exempt from the inspection requirements of paragraphs (f)(1) 
and (f)(2) of this section if:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (m) Whenever organic HAP emissions are vented to a closed-vent 
system or control device used to comply with the provisions of this 
subpart, such system or control device shall be operating.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
61 FR 31440, June 20, 1996]



Sec. 63.173  Standards: Agitators in gas/vapor service and in light liquid service.

    (a)(1) Each agitator shall be monitored monthly to detect leaks by 
the methods specified in Sec. 63.180(b) of this subpart, except as 
provided in Sec. 63.162(b) of this subpart.
    (2) If an instrument reading of 10,000 parts per million or greater 
is measured, a leak is detected.
    (b)(1) Each agitator shall be checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator.
    (2) If there are indications of liquids dripping from the agitator, 
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (d) Each agitator equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the requirements specified in 
paragraphs (d)(1) through (d)(6) of this section are met:
    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the agitator stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
connected by a closed-vent system to a control device that complies with 
the requirements of Sec. 63.172 of this subpart; or
    (iii) Equipped with a closed-loop system that purges the barrier 
fluid into a process stream.
    (2) The barrier fluid is not in light liquid organic HAP service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4) Each agitator is checked by visual inspection each calendar week 
for indications of liquids dripping from the agitator seal.
    (i) If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the agitator shall be 
monitored as specified in Sec. 63.180(b) of this subpart to determine 
the presence of organic HAP in the barrier fluid.
    (ii) If an instrument reading of 10,000 parts per million or greater 
is measured, a leak is detected.
    (5) Each sensor as described in paragraph (d)(3) of this section is 
observed daily or is equipped with an alarm unless the agitator is 
located within the boundary of an unmanned plant site.
    (6)(i) The owner or operator determines, based on design 
considerations and operating experience, criteria applicable to the 
presence and frequency of drips and to the sensor that indicates failure 
of the seal system, the barrier fluid system, or both.
    (ii) If indications of liquids dripping from the agitator seal 
exceed the criteria established in paragraph (d)(6)(i) of this section, 
or if, based on the criteria established in paragraph (d)(6)(i) of this 
section, the sensor indicates

[[Page 613]]

failure of the seal system, the barrier fluid system, or both, a leak is 
detected.
    (iii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 63.171 of this subpart.
    (iv) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (e) Any agitator that is designed with no externally actuated shaft 
penetrating the agitator housing is exempt from paragraphs (a) through 
(c) of this section.
    (f) Any agitator equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals back to 
the process or to a control device that complies with the requirements 
of Sec. 63.172 of this subpart is exempt from the requirements of 
paragraphs (a) through (c) of this section.
    (g) Any agitator that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (b)(1) and (d)(4) of this section, and the daily requirements 
of paragraph (d)(5) of this section, provided that each agitator is 
visually inspected as often as practicable and at least monthly.
    (h) Any agitator that is difficult-to-monitor is exempt from the 
requirements of paragraphs (a) through (d) of this section if:
    (1) The owner or operator determines that the agitator cannot be 
monitored without elevating the monitoring personnel more than two 
meters above a support surface or it is not accessible at anytime in a 
safe manner;
    (2) The process unit within which the agitator is located is an 
existing source or the owner or operator designates less than three 
percent of the total number of agitators in a new source as difficult-
to-monitor; and
    (3) The owner or operator follows a written plan that requires 
monitoring of the agitator at least once per calendar year.
    (i) Any agitator that is obstructed by equipment or piping that 
prevents access to the agitator by a monitor probe is exempt from the 
monitoring requirements of paragraphs (a) through (d) of this section.
    (j) Any agitator that is designated, as described in 
Sec. 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor agitator 
is exempt from the requirements of paragraphs (b) through (d) of this 
section if:
    (1) The owner or operator of the agitator determines that the 
agitator is unsafe to monitor because monitoring personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (a) through (d) of this section; and
    (2) The owner or operator of the agitator has a written plan that 
requires monitoring of the agitator as frequently as practical during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable.

[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996]



Sec. 63.174  Standards: Connectors in gas/vapor service and in light liquid service.

    (a) The owner or operator of a process unit subject to this subpart 
shall monitor all connectors in gas/vapor and light liquid service, 
except as provided in Sec. 63.162(b) of this subpart, and in paragraphs 
(f) through (h) of this section, at the intervals specified in paragraph 
(b) of this section.
    (1) The connectors shall be monitored to detect leaks by the method 
specified in Sec. 63.180(b) of this subpart.
    (2) If an instrument reading greater than or equal to 500 parts per 
million is measured, a leak is detected.
    (b) The owner or operator shall monitor for leaks at the intervals 
specified in either paragraph (b)(1) or (b)(2) of this section and in 
paragraph (b)(3) of this section.
    (1) For each group of existing process units within an existing 
source, by no later than 12 months after the compliance date, the owner 
or operator shall monitor all connectors, except as provided in 
paragraphs (f) through (h) of this section.
    (2) For new sources, within the first 12 months after initial start-
up or by no later than 12 months after the date of promulgation of a 
specific subpart that references this subpart, whichever

[[Page 614]]

is later, the owner or operator shall monitor all connectors, except as 
provided in paragraphs (f) through (h) of this section.
    (3) After conducting the initial survey required in paragraph (b)(1) 
or (b)(2) of this section, the owner or operator shall perform all 
subsequent monitoring of connectors at the frequencies specified in 
paragraphs (b)(3)(i) through (b)(3)(v) of this section, except as 
provided in paragraph (c)(2) of this section:
    (i) Once per year (i.e., 12-month period), if the percent leaking 
connectors in the process unit was 0.5 percent or greater during the 
last required annual or biennial monitoring period.
    (ii) Once every 2 years, if the percent leaking connectors was less 
than 0.5 percent during the last required monitoring period. An owner or 
operator may comply with this paragraph by monitoring at least 40 
percent of the connectors in the first year and the remainder of the 
connectors in the second year. The percent leaking connectors will be 
calculated for the total of all monitoring performed during the 2-year 
period.
    (iii) If the owner or operator of a process unit in a biennial leak 
detection and repair program calculates less than 0.5 percent leaking 
connectors from the 2-year monitoring period, the owner or operator may 
monitor the connectors one time every 4 years. An owner or operator may 
comply with the requirements of this paragraph by monitoring at least 20 
percent of the connectors each year until all connectors have been 
monitored within 4 years.
    (iv) If a process unit complying with the requirements of paragraph 
(b) of this section using a 4-year monitoring interval program has 
greater than or equal to 0.5 percent but less than 1 percent leaking 
connectors, the owner or operator shall increase the monitoring 
frequency to one time every 2 years. An owner or operator may comply 
with the requirements of this paragraph by monitoring at least 40 
percent of the connectors in the first year and the remainder of the 
connectors in the second year. The owner or operator may again elect to 
use the provisions of paragraph (b)(3)(iii) of this section when the 
percent leaking connectors decreases to less than 0.5 percent.
    (v) If a process unit complying with requirements of paragraph 
(b)(3)(iii) of this section using a 4-year monitoring interval program 
has 1 percent or greater leaking connectors, the owner or operator shall 
increase the monitoring frequency to one time per year. The owner or 
operator may again elect to use the provisions of paragraph (b)(3)(iii) 
of this section when the percent leaking connectors decreases to less 
than 0.5 percent.
    (4) The use of monitoring data generated before April 22, 1994 to 
qualify for less frequent monitoring is governed by the provisions of 
Sec. 63.180(b)(6).
    (c)(1)(i) Except as provided in paragraph (c)(1)(ii) of this 
section, each connector that has been opened or has otherwise had the 
seal broken shall be monitored for leaks within the first 3 months after 
being returned to organic HAP service, including those determined to be 
nonrepairable prior to process unit shutdown. If the follow-up 
monitoring detects a leak, it shall be repaired according to the 
provisions of paragraph (d) of this section, unless it is determined to 
be nonrepairable, in which case it is counted as a nonrepairable for the 
purposes of paragraph (i)(2) of this section.
    (ii) As an alternative to the requirements in paragraph (c)(1)(i) of 
this section, an owner or operator may choose to calculate percent 
leaking connectors for the monitoring periods described in paragraph (b) 
of this section, by setting the nonrepairable component, CAN, in 
the equation in paragraph (i)(2) of this section to zero for all 
monitoring periods.
    (iii) An owner or operator may switch alternatives described in 
paragraphs (c)(1) (i) and (ii) of this section at the end of the current 
monitoring period he is in, provided that it is reported as required in 
Sec. 63.182 of this subpart and begin the new alternative in annual 
monitoring. The initial monitoring in the new alternative shall be 
completed no later than 12 months after reporting the switch.

[[Page 615]]

    (2) As an alternative to the requirements of paragraph (b)(3) of 
this section, each screwed connector 5.08 centimeters or less in nominal 
diameter installed in a process unit before December 31, 1992 for 
sources subject to subparts F and I of this part and before proposal of 
a subpart that references this subpart may:
    (i) Comply with the requirements of Sec. 63.169 of this subpart, and
    (ii) Be monitored for leaks within the first 3 months after being 
returned to organic HAP service after having been opened or otherwise 
had the seal broken. If the follow-up monitoring detects a leak, it 
shall be repaired according to the provisions of paragraph (d) of this 
section.
    (d) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in paragraph (g) of this section and in 
Sec. 63.171 of this subpart. A first attempt at repair shall be made no 
later than 5 calendar days after the leak is detected.
    (e) If a leak is detected, the connector shall be monitored for 
leaks within the first 3 months after its repair.
    (f) Any connector that is designated, as described in 
Sec. 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor connector 
is exempt from the requirements of paragraph (a) of this section if:
    (1) The owner or operator determines that the connector is unsafe to 
monitor because personnel would be exposed to an immediate danger as a 
result of complying with paragraphs (a) through (e) of this section; and
    (2) The owner or operator has a written plan that requires 
monitoring of the connector as frequently as practicable during safe to 
monitor periods, but not more frequently than the periodic schedule 
otherwise applicable.
    (g) Any connector that is designated, as described in 
Sec. 63.181(b)(7)(iii) of this subpart, as an unsafe-to-repair connector 
is exempt from the requirements of paragraphs (a), (d), and (e) of this 
section if:
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraph (d) of this section; and
    (2) The connector will be repaired before the end of the next 
scheduled process unit shutdown.
    (h)(1) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined), is exempt from the 
monitoring requirements of paragraphs (a) and (c) of this section and 
from the recordkeeping and reporting requirements of Sec. 63.181 and 
Sec. 63.182 of this subpart. An inaccessible connector is one that is:
    (i) Buried;
    (ii) Insulated in a manner that prevents access to the connector by 
a monitor probe;
    (iii) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (iv) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold which would allow access to connectors up to 7.6 meters 
(25 feet) above the ground;
    (v) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters above a permanent support surface or would 
require the erection of scaffold; or
    (vi) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (2) If any inaccessible or glass or glass-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the leak shall be repaired as soon as practicable, but no later than 15 
calendar days after the leak is detected, except as provided in 
Sec. 63.171 of this subpart and paragraph (g) of this section.
    (3) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (i) For use in determining the monitoring frequency, as specified in 
paragraph (b) of this section, the percent leaking connectors shall be 
calculated

[[Page 616]]

as specified in paragraphs (i)(1) and (i)(2) of this section.
    (1) For the first monitoring period, use the following equation:

%CL=CL/(Ct+CC) x 100

where:

%CL=Percent leaking connectors.
CL=Number of connectors measured at 500 parts per million or 
greater, by the method specified in Sec. 63.180(b) of this subpart.
Ct=Total number of monitored connectors in the process unit.
CC=Optional credit for removed connectors=0.67 x net (i.e., total 
removed-total added) number of connectors in organic HAP service removed 
from the process unit after the compliance date set forth in the 
applicable subpart for existing process units, and after the date of 
initial start-up for new process units. If credits are not taken, then 
CC=0.

    (2) For subsequent monitoring periods, use the following equation:

%CL=[(CL-CAN)/(Ct+CC)] x 100

where:

%CL=Percent leaking connectors.
CL=Number of connectors, including nonrepairables, measured at 500 
parts per million or greater, by the method specified in Sec. 63.180(b) 
of this subpart.
CAN=Number of allowable nonrepairable connectors, as determined by 
monitoring required in paragraphs (b)(3) and (c) of this section, not to 
exceed 2 percent of the total connector population, Ct.
Ct=Total number of monitored connectors, including nonrepairables, 
in the process unit.
CC=Optional credit for removed connectors=0.67 x net number (i.e., 
total removed-total added) of connectors in organic HAP service removed 
from the process unit after the compliance date set forth in the 
applicable subpart for existing process units, and after the date of 
initial start-up for new process units. If credits are not taken, then 
CC=0.

    (j) Optional credit for removed connectors. If an owner or operator 
eliminates a connector subject to monitoring under paragraph (b) of this 
section, the owner or operator may receive credit for elimination of the 
connector, as described in paragraph (i) of this section, provided the 
requirements in paragraphs (j)(1) through (j)(4) are met.
    (1) The connector was welded after the date of proposal of the 
specific subpart that references this subpart.
    (2) The integrity of the weld is demonstrated by monitoring it 
according to the procedures in Sec. 63.180(b) of this subpart or by 
testing using X-ray, acoustic monitoring, hydrotesting, or other 
applicable method.
    (3) Welds created after the date of proposal but before the date of 
promulgation of a specific subpart that references this subpart are 
monitored or tested by 3 months after the compliance date specified in 
the applicable subpart.
    (4) Welds created after promulgation of the subpart that references 
this subpart are monitored or tested within 3 months after being welded.
    (5) If an inadequate weld is found or the connector is not welded 
completely around the circumference, the connector is not considered a 
welded connector and is therefore not exempt from the provisions of this 
subpart.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
61 FR 31440, June 20, 1996]



Sec. 63.175  Quality improvement program for valves.

    (a) In Phase III, an owner or operator may elect to comply with one 
of the alternative quality improvement programs specified in paragraphs 
(d) and (e) of this section. The decision to use one of these 
alternative provisions to comply with the requirements of 
Sec. 63.168(d)(1)(ii) of this subpart must be made during the first year 
of Phase III for existing process units and for new process units.
    (b) An owner or operator of a process unit subject to the 
requirements of paragraph (d) or (e) of this section shall comply with 
those requirements until the process unit has fewer than 2 percent 
leaking valves, calculated as a rolling average of 2 consecutive 
quarters, as specified in Sec. 63.168(e) of this subpart.
    (c) After the process unit has fewer than 2 percent leaking valves, 
the

[[Page 617]]

owner or operator may elect to comply with the requirements in 
Sec. 63.168 of this subpart, to continue to comply with the requirements 
in paragraph (e) (or (d), if appropriate) of this section, or comply 
with both the requirements in Sec. 63.168 and Sec. 63.175.
    (1) If the owner or operator elects to continue the quality 
improvement program, the owner or operator is exempt from the 
requirements for performance trials as specified in paragraph (e)(6) of 
this section, or further progress as specified in paragraph (d)(4) of 
this section, as long as the process unit has fewer than 2 percent 
leaking valves calculated according to Sec. 63.168(e).
    (2) If the owner or operator elects to comply with both paragraph 
(e) of this section and Sec. 63.168 of this subpart, he may also take 
advantage of the lower monitoring frequencies associated with lower leak 
rates in Sec. 63.168 (d)(2), (d)(3), and (d)(4) of this subpart.
    (3) If the owner or operator elects not to continue the quality 
improvement program, the program is no longer an option if the process 
unit again exceeds 2 percent leaking valves, and in such case, monthly 
monitoring will be required.
    (d) The following requirements shall be met if an owner or operator 
elects to use a quality improvement program to demonstrate further 
progress:
    (1) The owner or operator shall continue to comply with the 
requirements in Sec. 63.168 of this subpart except each valve shall be 
monitored quarterly.
    (2) The owner or operator shall collect the following data, and 
maintain records as required in Sec. 63.181(h)(1) of this subpart, for 
each valve in each process unit subject to the quality improvement 
program:
    (i) The maximum instrument reading observed in each monitoring 
observation before repair, the response factor for the stream if 
appropriate, the instrument model number, and date of the observation.
    (ii) Whether the valve is in gas or light liquid service.
    (iii) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (3) The owner or operator shall continue to collect data on the 
valves as long as the process unit remains in the quality improvement 
program.
    (4) The owner or operator must demonstrate progress in reducing the 
percent leaking valves each quarter the process unit is subject to the 
requirements of paragraph (d) of this section, except as provided in 
paragraphs (d)(4)(ii) and (d)(4)(iii) of this section.
    (i) Demonstration of progress shall mean that for each quarter there 
is at least a 10-percent reduction in the percent leaking valves from 
the percent leaking valves determined for the preceding monitoring 
period. The percent leaking valves shall be calculated as a rolling 
average of two consecutive quarters of monitoring data. The percent 
reduction shall be calculated using the rolling average percent leaking 
valves, according to the following:

%LVR = (%LVAVG1 - %LVAVG2 / %LVAVG1  x  100

where:

%LVR=Percent leaking valve reduction.
 %LVAVG1=(%VLi + %VLi+1)/2.
%LVAVG2=(%VLi+1 + %VLi+2)/2.

where:
    %VLi, %VLi+1, %VLi+2

are percent leaking valves calculated for subsequent monitoring periods, 
i, i+1, i+2.
    (ii) An owner or operator who fails for two consecutive rolling 
averages to demonstrate at least a 10-percent reduction per quarter in 
percent leaking valves, and whose overall average percent reduction 
based on two or more rolling averages is less than 10 percent per 
quarter, shall either comply with the requirements in 
Sec. 63.168(d)(1)(i) of this subpart using monthly monitoring or shall 
comply using a quality improvement program for technology review as 
specified in paragraph (e) of this section. If the owner or operator 
elects to comply with the requirements of paragraph (e) of this section, 
the schedule for performance trials and valve replacements remains as 
specified in paragraph (e) of this section.
    (iii) As an alternative to the provisions in paragraph (d)(4)(i), an 
owner or operator may use the procedure specified in paragraphs 
(d)(4)(iii)(A) and

[[Page 618]]

(d)(4)(iii)(B) of this section to demonstrate progress in reducing the 
percent leaking valves.
    (A) The percent reduction that must be achieved each quarter shall 
be calculated as follows:

[GRAPHIC] [TIFF OMITTED] TR22AP94.293

%RR = percent reduction required each quarter, as calculated according 
to Sec. 63.168(e)
%VL = percent leaking valves, calculated according to 
Sec. 63.168(e), at the time elected to use provisions of 
Sec. 63.168(d)(1)(ii)
    (B) The owner or operator shall achieve less than 2 percent leaking 
valves no later than 2 years after electing to use the demonstration of 
progress provisions in Sec. 63.175(d) of this subpart.
    (e) The following requirements shall be met if an owner or operator 
elects to use a quality improvement program of technology review and 
improvement:
    (1) The owner or operator shall comply with the requirements in 
Sec. 63.168 of this subpart except the requirement for monthly 
monitoring in Sec. 63.168(d)(1)(i) of this subpart does not apply.
    (2) The owner or operator shall collect the data specified below, 
and maintain records as required in Sec. 63.181(h)(2), for each valve in 
each process unit subject to the quality improvement program. The data 
may be collected and the records may be maintained on a process unit or 
group of process units basis. The data shall include the following:
    (i) Valve type (e.g., ball, gate, check); valve manufacturer; valve 
design (e.g., external stem or actuating mechanism, flanged body); 
materials of construction; packing material; and year installed.
    (ii) Service characteristics of the stream such as operating 
pressure, temperature, line diameter, and corrosivity.
    (iii) Whether the valve is in gas or light liquid service.
    (iv) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if adjusted, 
instrument model number, and date of the observation.
    (v) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (vi) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units, a description of any maintenance or quality assurance programs 
used in the process unit that are intended to improve emission 
performance.
    (3) The owner or operator shall continue to collect data on the 
valves as long as the process unit remains in the quality improvement 
program.
    (4) The owner or operator shall inspect all valves removed from the 
process unit due to leaks. The inspection shall determine which parts of 
the valve have failed and shall include recommendations, as appropriate, 
for design changes or changes in specifications to reduce leak 
potential.
    (5)(i) The owner or operator shall analyze the data collected to 
comply with the requirements of paragraph (e)(2) of this section to 
determine the services, operating or maintenance practices, and valve 
designs or technologies that have poorer than average emission 
performance and those that have better than average emission 
performance. The analysis shall determine if specific trouble areas can 
be identified on the basis of service, operating conditions or 
maintenance practices, equipment design, or other process specific 
factors.
    (ii) The analysis shall also be used to identify any superior 
performing valve technologies that are applicable to the service(s), 
operating conditions, or valve designs associated with poorer than 
average emission performance. A superior performing valve technology is 
one for which a group of such valves has a leak frequency of less than 2 
percent for specific applications in such a process unit. A candidate 
superior performing valve technology is one demonstrated or reported in 
the available literature or through a group study as having low emission 
performance and as being capable of achieving less than 2 percent 
leaking valves in the process unit.

[[Page 619]]

    (iii) The analysis shall include consideration of:
    (A) The data obtained from the inspections of valves removed from 
the process unit due to leaks,
    (B) Information from the available literature and from the 
experience of other plant sites that will identify valve designs or 
technologies and operating conditions associated with low emission 
performance for specific services, and
    (C) Information on limitations on the service conditions for the 
valve design and operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and 
may be for a single process unit, a company, or a group of process 
units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of Phase III. The first analysis shall be 
performed using a minimum of two quarters of data. An analysis of the 
data shall be done each year the process unit is in the quality 
improvement program.
    (6) A trial evaluation program shall be conducted at each plant site 
for which the data analysis does not identify superior performing valve 
designs or technologies that can be applied to the operating conditions 
and services identified as having poorer than average performance, 
except as provided in paragraph (e)(6)(v) of this section. The trial 
program shall be used to evaluate the feasibility of using in the 
process unit the valve designs or technologies that have been identified 
by others as having low emission performance.
    (i) The trial program shall include on-line trials of valves or 
operating and maintenance practices that have been identified in the 
available literature or in analysis by others as having the ability to 
perform with leak rates below 2 percent in similar services, as having 
low probability of failure, or as having no external actuating mechanism 
in contact with the process fluid. If any of the candidate superior 
performing valve technologies is not included in the performance trials, 
the reasons for rejecting specific technologies from consideration shall 
be documented as required in Sec. 63.181(h)(5)(ii) of this subpart.
    (ii) The number of valves in the trial evaluation program shall be 
the lesser of 1 percent or 20 valves for programs involving single 
process units and the lesser of 1 percent or 50 valves for programs 
involving groups of process units.
    (iii) The trial evaluation program shall specify and include 
documentation of:
    (A) The candidate superior performing valve designs or technologies 
to be evaluated, the stages for evaluating the identified candidate 
valve designs or technologies, including the estimated time period 
necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial valves.
    (iv) The performance trials shall initially be conducted for, at 
least, a 6-month period beginning not later than 18 months after the 
start of Phase III. Not later than 24 months after the start of Phase 
III, the owner or operator shall have identified valve designs or 
technologies that, combined with appropriate process, operating, and 
maintenance practices, operate with low emission performance for 
specific applications in the process unit. The owner or operator shall 
continue to conduct performance trials as long as no superior performing 
design or technology has been identified, except as provided in 
paragraph (e)(6)(vi) of this section. The compilation of candidate and 
demonstrated superior emission performance valve designs or technologies 
shall be amended in the future, as appropriate, as additional 
information and experience is obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 total employees shall be exempt from 
trial evaluations of valves. Plant sites exempt from the trial 
evaluations of valves shall begin

[[Page 620]]

the program at the start of the fourth year of Phase III.
    (vi) An owner or operator who has conducted performance trials on 
all candidate superior emission performance technologies suitable for 
the required applications in the process unit may stop conducting 
performance trials provided that a superior performing design or 
technology has been demonstrated or there are no technically feasible 
candidate superior technologies remaining. The owner or operator shall 
prepare an engineering evaluation documenting the physical, chemical, or 
engineering basis for the judgment that the superior emission 
performance technology is technically infeasible or demonstrating that 
it would not reduce emissions.
    (7) Each owner or operator who elects to use a quality improvement 
program for technology review and improvement shall prepare and 
implement a valve quality assurance program that details purchasing 
specifications and maintenance procedures for all valves in the process 
unit. The quality assurance program may establish any number of 
categories, or classes, of valves as needed to distinguish among 
operating conditions and services associated with poorer than average 
emission performance as well as those associated with better than 
average emission performance. The quality assurance program shall be 
developed considering the findings of the data analysis required under 
paragraph (e)(5) of this section, if applicable, the findings of the 
trial evaluation required in paragraph (e)(6) of this section, and the 
operating conditions in the process unit. The quality assurance program 
shall be reviewed and, as appropriate, updated each year as long as the 
process unit has 2 percent or more leaking valves.
    (i) The quality assurance program shall:
    (A) Establish minimum design standards for each category of valves. 
The design standards shall specify known critical parameters such as 
tolerance, manufacturer, materials of construction, previous usage, or 
other applicable identified critical parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the valve;
    (C) Include a written procedure for bench testing of valves that 
specifies performance criteria for acceptance of valves and specifies 
criteria for the precision and accuracy of the test apparatus. All 
valves repaired off-line after preparation of the quality assurance plan 
shall be bench-tested for leaks. This testing may be conducted by the 
owner or operator of the process unit, by the vendor, or by a designated 
representative. The owner or operator shall install only those valves 
that have been documented through bench-testing to be nonleaking.
    (D) Require that all valves repaired on-line be monitored using the 
method specified in Sec. 63.180(b) of this subpart for leaks for 2 
successive months, after repair.
    (E) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator of the process unit or 
by a designated representative.
    (F) Detail off-line valve maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished valves will meet the design specifications for the valve 
type and will operate such that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of Phase III for plant sites with 400 
or more valves or owned by a corporation with 100 or more employees; and 
no later than the start of the fourth year of Phase III for plant sites 
with less than 400 valves and owned by a corporation with less than 100 
employees.
    (8) Beginning at the start of the third year of Phase III for plant 
sites with 400 or more valves or owned by a corporation with 100 or more 
employees and at the start of the fourth year of Phase III for plant 
sites with less than 400 valves and owned by a corporation with less 
than 100 employees, each valve that is replaced for any reason shall be 
replaced with a new or modified valve that complies with the quality 
assurance standards for the valve category and that is identified as 
superior emission performance technology.

[[Page 621]]

Superior emission performance technology means valves or valve 
technologies identified with emission performance that, combined with 
appropriate process, operating, and maintenance practices, will result 
in less than 2 percent leaking valves for specific applications in a 
large population, except as provided in paragraph (e)(8)(ii) of this 
section.
    (i) The valves shall be maintained as specified in the quality 
assurance program.
    (ii) If a superior emission performance technology cannot be 
identified, then valve replacement shall be with one of (if several) the 
lowest emission performance technologies that has been identified for 
the specific application.

[59 FR 19568, Apr. 22, 1994, as amended at 60 FR 63631, Dec. 12, 1995]



Sec. 63.176  Quality improvement program for pumps.

    (a) In Phase III, if, on a 6-month rolling average, the greater of 
either 10 percent of the pumps in a process unit (or plant site) or 
three pumps in a process unit (or plant site) leak, the owner or 
operator shall comply with the requirements of this section as specified 
below:
    (1) Pumps that are in food/medical service or in polymerizing 
monomer service shall comply with all requirements except for those 
specified in paragraph (d)(8) of this section.
    (2) Pumps that are not in food/medical or polymerizing monomer 
service shall comply with all requirements of this section.
    (b) The owner or operator shall comply with the requirements of this 
section until the number of leaking pumps is less than the greater of 
either 10 percent of the pumps or three pumps, calculated as a 6-month 
rolling average, in the process unit (or plant site). Once the 
performance level is achieved, the owner or operator shall comply with 
the requirements in Sec. 63.163 of this subpart.
    (c) If in a subsequent monitoring period, the process unit (or plant 
site) has greater than 10 percent of the pumps leaking or three pumps 
leaking (calculated as a 6-month rolling average), the owner or operator 
shall resume the quality improvement program starting at performance 
trials.
    (d) The quality improvement program shall include the following:
    (1) The owner or operator shall comply with the requirements in 
Sec. 63.163 of this subpart.
    (2) The owner or operator shall collect the following data, and 
maintain records as required in Sec. 63.181(h)(3), for each pump in each 
process unit (or plant site) subject to the quality improvement program. 
The data may be collected and the records may be maintained on a process 
unit or plant site basis.
    (i) Pump type (e.g., piston, horizontal or vertical centrifugal, 
gear, bellows); pump manufacturer; seal type and manufacturer; pump 
design (e.g., external shaft, flanged body); materials of construction; 
if applicable, barrier fluid or packing material; and year installed.
    (ii) Service characteristics of the stream such as discharge 
pressure, temperature, flow rate, corrosivity, and annual operating 
hours.
    (iii) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if 
appropriate, instrument model number, and date of the observation.
    (iv) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units, a description of any maintenance or quality assurance programs 
used in the process unit that are intended to improve emission 
performance.
    (3) The owner or operator shall continue to collect data on the 
pumps as long as the process unit (or plant site) remains in the quality 
improvement program.
    (4) The owner or operator shall inspect all pumps or pump seals 
which exhibited frequent seal failures and were removed from the process 
unit due to leaks. The inspection shall determine the probable cause of 
the pump seal failure or of the pump leak and shall include 
recommendations, as appropriate, for design changes or

[[Page 622]]

changes in specifications to reduce leak potential.
    (5)(i) The owner or operator shall analyze the data collected to 
comply with the requirements of paragraph (d)(2) of this section to 
determine the services, operating or maintenance practices, and pump or 
pump seal designs or technologies that have poorer than average emission 
performance and those that have better than average emission 
performance. The analysis shall determine if specific trouble areas can 
be identified on the basis of service, operating conditions or 
maintenance practices, equipment design, or other process specific 
factors.
    (ii) The analysis shall also be used to determine if there are 
superior performing pump or pump seal technologies that are applicable 
to the service(s), operating conditions, or pump or pump seal designs 
associated with poorer than average emission performance. A superior 
performing pump or pump seal technology is one with a leak frequency of 
less than 10 percent for specific applications in the process unit or 
plant site. A candidate superior performing pump or pump seal technology 
is one demonstrated or reported in the available literature or through a 
group study as having low emission performance and as being capable of 
achieving less than 10 percent leaking pumps in the process unit (or 
plant site).
    (iii) The analysis shall include consideration of:
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
pump seal technology operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and 
may be for a single process unit, a plant site, a company, or a group of 
process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality improvement program. The first 
analysis shall be performed using a minimum of 6 months of data. An 
analysis of the data shall be done each year the process unit is in the 
quality improvement program.
    (6) A trial evaluation program shall be conducted at each plant site 
for which the data analysis does not identify use of superior performing 
pump seal technology or pumps that can be applied to the areas 
identified as having poorer than average performance, except as provided 
in paragraph (d)(6)(v) of this section. The trial program shall be used 
to evaluate the feasibility of using in the process unit (or plant site) 
the pump designs or seal technologies, and operating and maintenance 
practices that have been identified by others as having low emission 
performance.
    (i) The trial program shall include on-line trials of pump seal 
technologies or pump designs and operating and maintenance practices 
that have been identified in the available literature or in analysis by 
others as having the ability to perform with leak rates below 10 percent 
in similar services, as having low probability of failure, or as having 
no external actuating mechanism in contact with the process fluid. If 
any of the candidate superior performing pump seal technologies or pumps 
is not included in the performance trials, the reasons for rejecting 
specific technologies from consideration shall be documented as required 
in Sec. 63.181(h)(5)(ii).
    (ii) The number of pump seal technologies or pumps in the trial 
evaluation program shall be the lesser of 1 percent or two pumps for 
programs involving single process units and the lesser of 1 percent or 
five pumps for programs involving a plant site or groups of process 
units. The minimum number of pumps or pump seal technologies in a trial 
program shall be one.

[[Page 623]]

    (iii) The trial evaluation program shall specify and include 
documentation of:
    (A) The candidate superior performing pump seal designs or 
technologies to be evaluated, the stages for evaluating the identified 
candidate pump designs or pump seal technologies, including the time 
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial pump seal 
technologies or pumps.
    (iv) The performance trials shall initially be conducted, at least, 
for a 6-month period beginning not later than 18 months after the start 
of the quality improvement program. No later than 24 months after the 
start of the quality improvement program, the owner or operator shall 
have identified pump seal technologies or pump designs that, combined 
with appropriate process, operating, and maintenance practices, operate 
with low emission performance for specific applications in the process 
unit. The owner or operator shall continue to conduct performance trials 
as long as no superior performing design or technology has been 
identified, except as provided in paragraph (d)(6)(vi) of this section. 
The initial list of superior emission performance pump designs or pump 
seal technologies shall be amended in the future, as appropriate, as 
additional information and experience is obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump replacement 
program at the start of the fourth year of the quality improvement 
program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit may stop conducting 
performance trials provided that a superior performing design or 
technology has been demonstrated or there are no technically feasible 
alternative superior technologies remaining. The owner or operator shall 
prepare an engineering evaluation documenting the physical, chemical, or 
engineering basis for the judgment that the superior emission 
performance technology is technically infeasible or demonstrating that 
it would not reduce emissions.
    (7) Each owner or operator shall prepare and implement a pump 
quality assurance program that details purchasing specifications and 
maintenance procedures for all pumps and pump seals in the process unit. 
The quality assurance program may establish any number of categories, or 
classes, of pumps as needed to distinguish among operating conditions 
and services associated with poorer than average emission performance as 
well as those associated with better than average emission performance. 
The quality assurance program shall be developed considering the 
findings of the data analysis required under paragraph (d)(5) of this 
section, if applicable, the findings of the trial evaluation required in 
paragraph (d)(6) of this section, and the operating conditions in the 
process unit. The quality assurance program shall be updated each year 
as long as the process unit has the greater of either 10 percent or more 
leaking pumps or has three leaking pumps.
    (i) The quality assurance program shall:
    (A) Establish minimum design standards for each category of pumps or 
pump seal technology. The design standards shall specify known critical 
parameters such as tolerance, manufacturer, materials of construction, 
previous usage, or other applicable identified critical parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator

[[Page 624]]

of the plant site or process unit or by a designated representative; and
    (D) Detail off-line pump maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished pumps and pump seals will meet the design specifications for 
the pump category and will operate such that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of the quality improvement program for 
plant sites with 400 or more valves or 100 or more employees; and no 
later than the start of the fourth year of the quality improvement 
program for plant sites with less than 400 valves and less than 100 
employees.
    (8) Beginning at the start of the third year of the quality 
improvement program for plant sites with 400 or more valves or 100 or 
more employees and at the start of the fourth year of the quality 
improvement program for plant sites with less than 400 valves and less 
than 100 employees, the owner or operator shall replace, as described in 
paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the pumps or pump 
seals that are not superior emission performance technology with pumps 
or pump seals that have been identified as superior emission performance 
technology and that comply with the quality assurance standards for the 
pump category. Superior emission performance technology is that category 
or design of pumps or pump seals with emission performance which, when 
combined with appropriate process, operating, and maintenance practices, 
will result in less than 10 percent leaking pumps for specific 
applications in the process unit or plant site. Superior emission 
performance technology includes material or design changes to the 
existing pump, pump seal, seal support system, installation of multiple 
mechanical seals or equivalent, or pump replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of pumps in light liquid service. The 
calculated value shall be rounded to the nearest nonzero integer value. 
The minimum number of pumps or pump seals shall be one. Pump replacement 
shall continue until all pumps subject to the requirements of 
Sec. 63.163 of this subpart are pumps determined to be superior 
performance technology.
    (ii) The owner or operator may delay replacement of pump seals or 
pumps with superior technology until the next planned process unit 
shutdown, provided the number of pump seals and pumps replaced is 
equivalent to the 20 percent or greater annual replacement rate.
    (iii) The pumps shall be maintained as specified in the quality 
assurance program.



Sec. 63.177  Alternative means of emission limitation: General.

    (a) Permission to use an alternative means of emission limitation 
under section 112(h)(3) of the Act shall be governed by the following 
procedures in paragraphs (b) through (e) of this section.
    (b) Where the standard is an equipment, design, or operational 
requirement:
    (1) Each owner or operator applying for permission to use an 
alternative means of emission limitation under Sec. 63.6(g) of subpart A 
of this part shall be responsible for collecting and verifying emission 
performance test data for an alternative means of emission limitation.
    (2) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (3) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same emission reduction as the equipment, design, and operational 
requirements.
    (c) Where the standard is a work practice:
    (1) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation.
    (2) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the required work practices shall be 
demonstrated for a minimum period of 12 months.

[[Page 625]]

    (3) For each kind of equipment for which permission is requested, 
the emission reduction achieved by the alternative means of emission 
limitation shall be demonstrated.
    (4) Each owner or operator applying for permission shall commit, in 
writing, for each kind of equipment to work practices that provide for 
emission reductions equal to or greater than the emission reductions 
achieved by the required work practices.
    (5) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the required work practices and will 
consider the commitment in paragraph (c)(4) of this section.
    (6) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same or greater emission reduction as the required work practices of 
this subpart.
    (d) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (e)(1) Manufacturers of equipment used to control equipment leaks of 
an organic HAP may apply to the Administrator for permission for an 
alternative means of emission limitation that achieves a reduction in 
emissions of the organic HAP achieved by the equipment, design, and 
operational requirements of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraphs (b), (c), and (d) of this section.



Sec. 63.178  Alternative means of emission limitation: Batch processes.

    (a) As an alternative to complying with the requirements of 
Secs. 63.163 through 63.171 and Secs. 63.173 through 63.176, an owner or 
operator of a batch process that operates in organic HAP service during 
the calendar year may comply with one of the standards specified in 
paragraphs (b) and (c) of this section, or the owner or operator may 
petition for approval of an alternative standard under the provisions of 
Sec. 63.177 of this subpart. The alternative standards of this section 
provide the options of pressure testing or monitoring the equipment for 
leaks. The owner or operator may switch among the alternatives provided 
the change is documented as specified in Sec. 63.181.
    (b) The following requirements shall be met if an owner or operator 
elects to use pressure testing of batch product-process equipment to 
demonstrate compliance with this subpart. An owner or operator who 
complies with the provisions of this paragraph is exempt from the 
monitoring provisions of Sec. 63.163, Secs. 63.168 and 63.169, and 
Secs. 63.173 through 63.176 of this subpart.
    (1) Each time equipment is reconfigured for production of a 
different product or intermediate, the batch product-process equipment 
train shall be pressure-tested for leaks before organic HAP is first fed 
to the equipment and the equipment is placed in organic HAP service.
    (i) When the batch product-process train is reconfigured to produce 
a different product, pressure testing is required only for the new or 
disturbed equipment.
    (ii) Each batch product process that operates in organic HAP service 
during a calendar year shall be pressure tested at least once during 
that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, such 
as changing hoses or filters, which are not part of the reconfiguration 
to produce a different product or intermediate.
    (2) The batch product process equipment shall be tested either using 
the procedures specified in Sec. 63.180(f) of this subpart for pressure 
or vacuum loss or with a liquid using the procedures specified in 
Sec. 63.180(g) of this subpart.
    (3)(i) For pressure or vacuum tests, a leak is detected if the rate 
of change in pressure is greater than 6.9 kilopascals (1 psig) in 1 hour 
or if there is visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there 
are indications of liquids dripping or if there is other evidence of 
fluid loss.
    (4)(i) If a leak is detected, it shall be repaired and the batch 
product-process equipment shall be retested before start-up of the 
process.

[[Page 626]]

    (ii) If a batch product-process fails the retest or the second of 
two consecutive pressure tests, it shall be repaired as soon as 
practicable, but not later than 30 calendar days after the second 
pressure test, provided the conditions specified in paragraph (d) of 
this section are met.
    (c) The following requirements shall be met if an owner or operator 
elects to monitor the equipment to detect leaks by the method specified 
in Sec. 63.180(b) of this subpart to demonstrate compliance with this 
subpart.
    (1) The owner or operator shall comply with the requirements of 
Secs. 63.163 through 63.170, and Secs. 63.172 through 63.176 of this 
subpart.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec. 63.180(b) of this subpart when the equipment is in 
organic HAP service, in use with an acceptable surrogate volatile 
organic compound which is not an organic HAP, or is in use with any 
other detectable gas or vapor.
    (3) The equipment shall be monitored for leaks as specified below:
    (i) Each time the equipment is reconfigured for the production of a 
new product, the reconfigured equipment shall be monitored for leaks 
within 30 days of start-up of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 63.174 of this subpart.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 of this subpart. The operating time 
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
    (iv) The monitoring frequencies specified in table 1 of this subpart 
are not requirements for monitoring at specific intervals and can be 
adjusted to accommodate process operations. An owner or operator may 
monitor anytime during the specified monitoring period (e.g., month, 
quarter, year), provided the monitoring is conducted at a reasonable 
interval after completion of the last monitoring campaign. For example, 
if the equipment is not operating during the scheduled monitoring 
period, the monitoring can be done during the next period when the 
process is operating.
    (4) If a leak is detected, it shall be repaired as soon as 
practicable but not later than 15 calendar days after it is detected, 
except as provided in paragraph (d) of this section.
    (d) Delay of repair of equipment for which leaks have been detected 
is allowed if the replacement equipment is not available providing the 
following conditions are met:
    (1) Equipment supplies have been depleted and supplies had been 
sufficiently stocked before the supplies were depleted.
    (2) The repair is made no later than 10 calendar days after delivery 
of the replacement equipment.



Sec. 63.179  Alternative means of emission limitation: Enclosed-vented process units.

    Process units enclosed in such a manner that all emissions from 
equipment leaks are vented through a closed-vent system to a control 
device meeting the requirements of Sec. 63.172 of this subpart are 
exempt from the requirements of Sec. 63.163, through 63.171, and 
Secs. 63.173 and 63.174 of this subpart. The enclosure shall be 
maintained under a negative pressure at all times while the process unit 
is in operation to ensure that all emissions are routed to a control 
device.



Sec. 63.180  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) Monitoring, as required under this subpart, shall comply with 
the following requirements:
    (1) Monitoring shall comply with Method 21 of 40 CFR part 60, 
appendix A.
    (2)(i) Except as provided for in paragraph (b)(2)(ii) of this 
section, the detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in Section 3.1.2(a) of Method 21 shall be

[[Page 627]]

for the average composition of the process fluid not each individual VOC 
in the stream. For process streams that contain nitrogen, water, air, or 
other inerts which are not organic HAP's or VOC's, the average stream 
response factor may be calculated on an inert-free basis. The response 
factor may be determined at any concentration for which monitoring for 
leaks will be conducted.
    (ii) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (b)(2)(i) of this section.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Method 21 of 40 CFR part 60, appendix 
A.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 parts per million of hydrocarbon in air); 
and
    (ii) (A) For Phase I, a mixture of methane in air at a concentration 
of approximately, but less than, 10,000 parts per million.
    (B) For Phase II, a mixture of methane and air at a concentration of 
approximately, but less than, 10,000 parts per million for agitators, 
5,000 parts per million for pumps, and 500 parts per million for all 
other equipment, except as provided in paragraph (b)(4)(iii) of this 
section.
    (C) For Phase III, a mixture of methane and air at a concentration 
of approximately, but less than, 10,000 parts per million methane for 
agitators; 2,000 parts per million for pumps in food/medical service; 
5,000 parts per million for pumps in polymerizing monomer service; 1,000 
parts per million for all other pumps; and 500 parts per million for all 
other equipment, except as provided in paragraph (b)(4)(iii) of this 
section.
    (iii) The instrument may be calibrated at a higher methane 
concentration than the concentration specified for that piece of 
equipment. The concentration of the calibration gas may exceed the 
concentration specified as a leak by no more than 2,000 parts per 
million. If the monitoring instrument's design allows for multiple 
calibration scales, then the lower scale shall be calibrated with a 
calibration gas that is no higher than 2,000 parts per million above the 
concentration specified as a leak and the highest scale shall be 
calibrated with a calibration gas that is approximately equal to 10,000 
parts per million. If only one scale on an instrument will be used 
during monitoring, the owner or operator need not calibrate the scales 
that will not be used during that day's monitoring.
    (5) Monitoring shall be performed when the equipment is in organic 
HAP service, in use with an acceptable surrogate volatile organic 
compound which is not an organic HAP, or is in use with any other 
detectable gas or vapor.
    (6) Monitoring data that do not meet the criteria specified in 
paragraphs (b)(1) through (b)(5) of this section may be used to qualify 
for less frequent monitoring under the provisions in Sec. 63.168(d)(2) 
and (d)(3) or Sec. 63.174(b)(3)(ii) or (b)(3)(iii) of this subpart 
provided the data meet the conditions specified in paragraphs (b)(6)(i) 
and (b)(6)(ii) of this section.
    (i) The data were obtained before April 22, 1994.
    (ii) The departures from the criteria specified in paragraphs (b)(1) 
through (b)(5) of this section or from the specified monitoring 
frequency of Sec. 63.168(c) are minor and do not significantly affect 
the quality of the data. Examples of minor departures are monitoring at 
a slightly different frequency (such as every six weeks instead of 
monthly or quarterly), following the performance criteria of section 
3.1.2(a) of Method 21 of appendix A of 40 CFR part 60 instead of 
paragraph (b)(2) of this section, or monitoring at a different leak 
definition if the data would indicate the presence or absence of a leak 
at the concentration specified in this subpart. Failure to use a 
calibrated instrument is not considered a minor departure.
    (c) When equipment is monitored for compliance as required in 
Secs. 63.164(i), 63.165(a), and 63.172(f) of this subpart or when 
equipment subject to a leak definition of 500 ppm is monitored for 
leaks, the monitoring shall comply with the following requirements:

[[Page 628]]

    (1) The requirements of paragraphs (b) (1) through (4) of this 
section shall apply.
    (2) The background level shall be determined, as set forth in Method 
21 of 40 CFR part 60, appendix A.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of 40 CFR part 60, appendix A.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 parts per million for determining compliance.
    (d)(1) Each piece of equipment within a process unit that can 
reasonably be expected to contain equipment in organic HAP service is 
presumed to be in organic HAP service unless an owner or operator 
demonstrates that the piece of equipment is not in organic HAP service. 
For a piece of equipment to be considered not in organic HAP service, it 
must be determined that the percent organic HAP content can be 
reasonably expected not to exceed 5 percent by weight on an annual 
average basis. For purposes of determining the percent organic HAP 
content of the process fluid that is contained in or contacts equipment, 
Method 18 of 40 CFR part 60, appendix A shall be used.
    (2)(i) An owner or operator may use good engineering judgment rather 
than the procedures in paragraph (d)(1) of this section to determine 
that the percent organic HAP content does not exceed 5 percent by 
weight. When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is not in organic HAP service, however, the 
procedures in paragraph (d)(1) of this section shall be used to resolve 
the disagreement.
    (ii) Conversely, the owner or operator may determine that the 
organic HAP content of the process fluid does not exceed 5 percent by 
weight by, for example, accounting for 98 percent of the content and 
showing that organic HAP is less than 3 percent.
    (3) If an owner or operator determines that a piece of equipment is 
in organic HAP service, the determination can be revised after following 
the procedures in paragraph (d)(1) of this section, or by documenting 
that a change in the process or raw materials no longer causes the 
equipment to be in organic HAP service.
    (4) Samples used in determining the percent organic HAP content 
shall be representative of the process fluid that is contained in or 
contacts the equipment.
    (e) When a flare is used to comply with Sec. 63.172(d) of this 
subpart, the compliance determination shall be conducted using Method 22 
of 40 CFR part 60, appendix A to determine visible emissions.
    (f) The following procedures shall be used to pressure test batch 
product-process equipment for pressure or vacuum loss to demonstrate 
compliance with the requirements of Sec. 63.178(b)(3)(i) of this 
subpart.
    (1) The batch product-process equipment train shall be pressurized 
with a gas to a pressure less than the set pressure of any safety relief 
devices or valves or to a pressure slightly above the operating pressure 
of the equipment, or alternatively, the equipment shall be placed under 
a vacuum.
    (2) Once the test pressure is obtained, the gas source or vacuum 
source shall be shut off.
    (3) The test shall continue for not less than 15 minutes unless it 
can be determined in a shorter period of time that the allowable rate of 
pressure drop or of pressure rise was exceeded. The pressure in the 
batch product-process equipment shall be measured after the gas or 
vacuum source is shut off and at the end of the test period. The rate of 
change in pressure in the batch product-process equipment shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.294

where:

P/t=Change in pressure, psig/hr.
Pf=Final pressure, psig.
Pi=Initial pressure, psig.
tf-ti=Elapsed time, hours.

    (4) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) which has a precision of 
2.5 millimeter mercury in the range of test pressure and is 
capable of measuring pressures

[[Page 629]]

up to the relief set pressure of the pressure relief device. If such a 
pressure measurement device is not reasonably available, the owner or 
operator shall use a pressure measurement device with a precision of at 
least +10 percent of the test pressure of the equipment and shall extend 
the duration of the test for the time necessary to detect a pressure 
loss or rise that equals a rate of one psig per hour.
    (5) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting a pressure loss or rise.
    (g) The following procedures shall be used to pressure-test batch 
product-process equipment using a liquid to demonstrate compliance with 
the requirements of Sec. 63.178(b)(3)(ii) of this subpart.
    (1) The batch product-process equipment train, or section of the 
train, shall be filled with the test liquid (e.g., water, alcohol) until 
normal operating pressure is obtained. Once the equipment is filled, the 
liquid source shall be shut off.
    (2) The test shall be conducted for a period of at least 60 minutes, 
unless it can be determined in a shorter period of time that the test is 
a failure.
    (3) Each seal in the equipment being tested shall be inspected for 
indications of liquid dripping or other indications of fluid loss. If 
there are any indications of liquids dripping or of fluid loss, a leak 
is detected.
    (4) An alternative procedure may be used for leak testing the 
equipment, if the owner or operator demonstrates the alternative 
procedure is capable of detecting losses of fluid.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
61 FR 31440, June 20, 1996]



Sec. 63.181  Recordkeeping requirements.

    (a) An owner or operator of more than one process unit subject to 
the provisions of this subpart may comply with the recordkeeping 
requirements for these process units in one recordkeeping system if the 
system identifies each record by process unit and the program being 
implemented (e.g., quarterly monitoring, quality improvement) for each 
type of equipment. All records and information required by this section 
shall be maintained in a manner that can be readily accessed at the 
plant site. This could include physically locating the records at the 
plant site or accessing the records from a central location by computer 
at the plant site.
    (b) Except as provided in paragraph (e) of this section, the 
following information pertaining to all equipment in each process unit 
subject to the requirements in Secs. 63.162 through 63.174 of this 
subpart shall be recorded:
    (1)(i) A list of identification numbers for equipment (except 
connectors exempt from monitoring and recordkeeping identified in 
Sec. 63.174 of this subpart and instrumentation systems) subject to the 
requirements of this subpart. Connectors need not be individually 
identified if all connectors in a designated area or length of pipe 
subject to the provisions of this subpart are identified as a group, and 
the number of connectors subject is indicated. With respect to 
connectors, the list shall be complete no later than the completion of 
the initial survey required by Sec. 63.174 (b)(1) or (b)(2) of this 
subpart.
    (ii) A schedule by process unit for monitoring connectors subject to 
the provisions of Sec. 63.174(a) of this subpart and valves subject to 
the provisions of Sec. 63.168(d) of this subpart.
    (iii) Physical tagging of the equipment to indicate that it is in 
organic HAP service is not required. Equipment subject to the provisions 
of this subpart may be identified on a plant site plan, in log entries, 
or by other appropriate methods.
    (2)(i) A list of identification numbers for equipment that the owner 
or operator elects to equip with a closed-vent system and control 
device, under the provisions of Sec. 63.163(g), Sec. 63.164(h), 
Sec. 63.165(c), or Sec. 63.173(f) of this subpart.
    (ii) A list of identification numbers for compressors that the owner 
or operator elects to designate as operating with an instrument reading 
of less than 500 parts per million above background, under the 
provisions of Sec. 63.164(i) of this subpart.
    (iii) Identification of surge control vessels or bottoms receivers 
subject to the provisions of this subpart that the

[[Page 630]]

owner or operator elects to equip with a closed-vent system and control 
device, under the provisions of Sec. 63.170 of this subpart.
    (3)(i) A list of identification numbers for pressure relief devices 
subject to the provisions in Sec. 63.165(a) of this subpart.
    (ii) A list of identification numbers for pressure relief devices 
equipped with rupture disks, under the provisions of Sec. 63.165(d) of 
this subpart.
    (4) Identification of instrumentation systems subject to the 
provisions of this subpart. Individual components in an instrumentation 
system need not be identified.
    (5) Identification of screwed connectors subject to the requirements 
of Sec. 63.174(c)(2) of this subpart. Identification can be by area or 
grouping as long as the total number within each group or area is 
recorded.
    (6) The following information shall be recorded for each dual 
mechanical seal system:
    (i) Design criteria required in Secs. 63.163(e)(6)(i), 63.164(e)(2), 
and 63.173(d)(6)(i) of this subpart and an explanation of the design 
criteria; and
    (ii) Any changes to these criteria and the reasons for the changes.
    (7) The following information pertaining to all pumps subject to the 
provisions of Sec. 63.163(j), valves subject to the provisions of 
Sec. 63.168(h) and (i) of this subpart, agitators subject to the 
provisions of Sec. 63.173(h) through (j), and connectors subject to the 
provisions of Sec. 63.174(f) through (h) of this subpart shall be 
recorded:
    (i) Identification of equipment designated as unsafe to monitor, 
difficult to monitor, or unsafe to inspect and the plan for monitoring 
or inspecting this equipment.
    (ii) A list of identification numbers for the equipment that is 
designated as difficult to monitor, an explanation of why the equipment 
is difficult to monitor, and the planned schedule for monitoring this 
equipment.
    (iii) A list of identification numbers for connectors that are 
designated as unsafe to repair and an explanation why the connector is 
unsafe to repair.
    (8)(i) A list of valves removed from and added to the process unit, 
as described in Sec. 63.168(e)(1) of this subpart, if the net credits 
for removed valves is expected to be used.
    (ii) A list of connectors removed from and added to the process 
unit, as described in Sec. 63.174(i)(1) of this subpart, and 
documentation of the integrity of the weld for any removed connectors, 
as required in Sec. 63.174(j) of this subpart. This is not required 
unless the net credits for removed connectors is expected to be used.
    (9)(i) For batch process units that the owner or operator elects to 
monitor as provided under Sec. 63.178(c) of this subpart, a list of 
equipment added to batch product process units since the last monitoring 
period required in Sec. 63.178(c)(3)(ii) and (3)(iii) of this subpart.
    (ii) Records demonstrating the proportion of the time during the 
calendar year the equipment is in use in a batch process that is subject 
to the provisions of this subpart. Examples of suitable documentation 
are records of time in use for individual pieces of equipment or average 
time in use for the process unit. These records are not required if the 
owner or operator does not adjust monitoring frequency by the time in 
use, as provided in Sec. 63.178(c)(3)(iii) of this subpart.
    (c) For visual inspections of equipment subject to the provisions of 
this subpart (e.g., Sec. 63.163(b)(3), Sec. 63.163(e)(4)(i)), the owner 
or operator shall document that the inspection was conducted and the 
date of the inspection. The owner or operator shall maintain records as 
specified in paragraph (d) of this section for leaking equipment 
identified in this inspection, except as provided in paragraph (e) of 
this section. These records shall be retained for 2 years.
    (d) When each leak is detected as specified in Secs. 63.163 and 
63.164; Secs. 63.168 and 63.169; and Secs. 63.172 through 63.174 of this 
subpart, the following information shall be recorded and kept for 2 
years:
    (1) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (2) The date the leak was detected and the date of first attempt to 
repair the leak.
    (3) The date of successful repair of the leak.

[[Page 631]]

    (4) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A after it is successfully repaired or determined to be 
nonrepairable.
    (5) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup/shutdown/malfunction 
plan, required by Sec. 63.6(e)(3), for the source or may be part of a 
separate document that is maintained at the plant site. In such cases, 
reasons for delay of repair may be documented by citing the relevant 
sections of the written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (6) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.
    (7)(i) Identification, either by list, location (area or grouping), 
or tagging of connectors disturbed since the last monitoring period 
required in Sec. 63.174(b) of this subpart, as described in 
Sec. 63.174(c)(1) of this subpart.
    (ii) The date and results of follow-up monitoring as required in 
Sec. 63.174(c) of this subpart. If identification of disturbed 
connectors is made by location, then all connectors within the 
designated location shall be monitored.
    (8) The date and results of the monitoring required in 
Sec. 63.178(c)(3)(i) of this subpart for equipment added to a batch 
process unit since the last monitoring period required in Sec. 63.178 
(c)(3)(ii) and (c)(3)(iii) of this subpart. If no leaking equipment is 
found in this monitoring, the owner or operator shall record that the 
inspection was performed. Records of the actual monitoring results are 
not required.
    (9) Copies of the periodic reports as specified in Sec. 63.182(d) of 
this subpart, if records are not maintained on a computerized database 
capable of generating summary reports from the records.
    (e) The owner or operator of a batch product process who elects to 
pressure test the batch product process equipment train to demonstrate 
compliance with this subpart is exempt from the requirements of 
paragraphs (b), (c), (d), and (f) of this section. Instead, the owner or 
operator shall maintain records of the following information:
    (1) The identification of each product, or product code, produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in a batch product process equipment train.
    (2) [Reserved]
    (3) Physical tagging of the equipment to identify that it is in 
organic HAP service and subject to the provisions of this subpart is not 
required. Equipment in a batch product process subject to the provisions 
of this subpart may be identified on a plant site plan, in log entries, 
or by other appropriate methods.
    (4) The dates of each pressure test required in Sec. 63.178(b) of 
this subpart, the test pressure, and the pressure drop observed during 
the test.
    (5) Records of any visible, audible, or olfactory evidence of fluid 
loss.
    (6) When a batch product process equipment train does not pass two 
consecutive pressure tests, the following information shall be recorded 
in a log and kept for 2 years:
    (i) The date of each pressure test and the date of each leak repair 
attempt.
    (ii) Repair methods applied in each attempt to repair the leak.
    (iii) The reason for the delay of repair.
    (iv) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment.
    (v) The date of successful repair.
    (f) The dates and results of each compliance test required for 
compressors subject to the provisions in Sec. 63.164(i) and the dates 
and results of the monitoring following a pressure release for each 
pressure relief device subject to the provisions in Secs. 63.165 (a) and 
(b) of this subpart. The results shall include:
    (1) The background level measured during each compliance test.
    (2) The maximum instrument reading measured at each piece of 
equipment during each compliance test.

[[Page 632]]

    (g) The owner or operator shall maintain records of the information 
specified in paragraphs (g)(1) through (g)(3) of this section for 
closed-vent systems and control devices subject to the provisions of 
Sec. 63.172 of this subpart. The records specified in paragraph (g)(1) 
of this section shall be retained for the life of the equipment. The 
records specified in paragraphs (g)(2) and (g)(3) of this section shall 
be retained for 2 years.
    (1) The design specifications and performance demonstrations 
specified in paragraphs (g)(1)(i) through (g)(1)(iv) of this section.
    (i) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (ii) The dates and descriptions of any changes in the design 
specifications.
    (iii) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted) and the results of the compliance demonstration required by 
Sec. 63.11(b) of subpart A of this part.
    (iv) A description of the parameter or parameters monitored, as 
required in Sec. 63.172(e) of this subpart, to ensure that control 
devices are operated and maintained in conformance with their design and 
an explanation of why that parameter (or parameters) was selected for 
the monitoring.
    (2) Records of operation of closed-vent systems and control devices.
    (i) Dates and durations when the closed-vent systems and control 
devices required in Secs. 63.163 through 63.166, and Sec. 63.170 of this 
subpart are not operated as designed as indicated by the monitored 
parameters, including periods when a flare pilot light system does not 
have a flame.
    (ii) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (iii) Dates and durations of start-ups and shutdowns of control 
devices required in Secs. 63.163 through 63.166, and Sec. 63.170 of this 
subpart.
    (3) Records of inspections of closed-vent systems subject to the 
provisions of Sec. 63.172 of this subpart.
    (i) For each inspection conducted in accordance with the provisions 
of Sec. 63.172(f)(1) or (f)(2) of this subpart during which no leaks 
were detected, a record that the inspection was performed, the date of 
the inspection, and a statement that no leaks were detected.
    (ii) For each inspection conducted in accordance with the provisions 
of Sec. 63.172(f)(1) or (f)(2) of this subpart during which leaks were 
detected, the information specified in paragraph (d) of this section 
shall be recorded.
    (h) Each owner or operator of a process unit subject to the 
requirements of Secs. 63.175 and 63.176 of this subpart shall maintain 
the records specified in paragraphs (h)(1) through (h)(9) of this 
section for the period of the quality improvement program for the 
process unit.
    (1) For owners or operators who elect to use a reasonable further 
progress quality improvement program, as specified in Sec. 63.175(d) of 
this subpart:
    (i) All data required in Sec. 63.175(d)(2) of this subpart.
    (ii) The percent leaking valves observed each quarter and the 
rolling average percent reduction observed in each quarter.
    (iii) The beginning and ending dates while meeting the requirements 
of Sec. 63.175(d) of this subpart.
    (2) For owners or operators who elect to use a quality improvement 
program of technology review and improvement, as specified in 
Sec. 63.175(e) of this subpart:
    (i) All data required in Sec. 63.175(e)(2) of this subpart.
    (ii) The percent leaking valves observed each quarter.
    (iii) Documentation of all inspections conducted under the 
requirements of Sec. 63.175(e)(4) of this subpart, and any 
recommendations for design or specification changes to reduce leak 
frequency.
    (iv) The beginning and ending dates while meeting the requirements 
of Sec. 63.175(e) of this subpart.
    (3) For owners or operators subject to the requirements of the pump 
quality improvement program as specified in Sec. 63.176 of this subpart:
    (i) All data required in Sec. 63.176(d)(2) of this subpart.
    (ii) The rolling average percent leaking pumps.
    (iii) Documentation of all inspections conducted under the 
requirements of Sec. 63.176(d)(4) of this subpart, and any

[[Page 633]]

recommendations for design or specification changes to reduce leak 
frequency.
    (iv) The beginning and ending dates while meeting the requirements 
of Sec. 63.176(d) of this subpart.
    (4) If a leak is not repaired within 15 calendar days after 
discovery of the leak, the reason for the delay and the expected date of 
successful repair.
    (5) Records of all analyses required in Secs. 63.175(e) and 
63.176(d) of this subpart. The records will include the following:
    (i) A list identifying areas associated with poorer than average 
performance and the associated service characteristics of the stream, 
the operating conditions and maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission 
performing valve or pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or 
pump technologies, and documentation of the performance trial program 
items required under Secs. 63.175(e)(6)(iii) and 63.176(d)(6)(iii) of 
this subpart.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.
    (6) All records documenting the quality assurance program for valves 
or pumps as specified in Secs. 63.175(e)(7) and 63.176(d)(7) of this 
subpart.
    (7) Records indicating that all valves or pumps replaced or modified 
during the period of the quality improvement program are in compliance 
with the quality assurance requirements in Sec. 63.175(e)(7) and 
Sec. 63.176(d)(7) of this subpart.
    (8) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in Sec. 63.176(d)(8) of 
this subpart.
    (9) Information and data to show the corporation has fewer than 100 
employees, including employees providing professional and technical 
contracted services.
    (i) Information, data, and analysis used to determine that a piece 
of equipment or process unit is in heavy liquid service shall be 
recorded. Such a determination shall include an analysis or 
demonstration that the process fluids do not meet the criteria of ``in 
light liquid or gas service.'' Examples of information that could 
document this include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, 
engineering calculations, or process knowledge.
    (j) Identification, either by list, location (area or group) of 
equipment in organic HAP service less than 300 hours per year within a 
process unit subject to the provisions of this subpart under Sec. 63.160 
of this subpart.
    (k) Owners and operators choosing to comply with the requirements of 
Sec. 63.179 of this subpart shall maintain the following records:
    (1) Identification of the process unit(s) and the organic HAP's they 
handle.
    (2) A schematic of the process unit, enclosure, and closed-vent 
system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 
60 FR 18030, Apr. 10, 1995; 61 FR 31441, June 20, 1996]



Sec. 63.182  Reporting requirements.

    (a) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (a)(1) through (a)(5) of this 
section. Owners or operators requesting an extension of compliance shall 
also submit the report listed in paragraph (a)(6) of this section.
    (1) An Initial Notification described in paragraph (b) of this 
section, and
    (2) A Notification of Compliance Status described in paragraph (c) 
of this section,
    (3) Periodic Reports described in paragraph (d) of this section, and
    (4)-(5) [Reserved]
    (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or 
operator may request an extension allowing an existing source up to 1 
additional year beyond the compliance date specified in the subpart that 
references this subpart.
    (i) For purposes of this subpart, a request for an extension shall 
be submitted to the operating permit authority as part of the operating 
permit application. If the State in which the source is

[[Page 634]]

located does not have an approved operating permit program, a request 
for an extension shall be submitted to the Administrator as a separate 
submittal. The dates specified in Sec. 63.6(i) of subpart A of this part 
for submittal of requests for extensions shall not apply to sources 
subject to this subpart.
    (ii) A request for an extension of compliance must include the data 
described in Sec. 63.6(i)(6)(i) (A), (B), and (D) of subpart A of this 
part.
    (iii) The requirements in Sec. 63.6(i)(8) through (i)(14) of subpart 
A of this part will govern the review and approval of requests for 
extensions of compliance with this subpart.
    (b) Each owner or operator of an existing or new source subject to 
the provisions of this subpart shall submit a written Initial 
Notification to the Administrator, containing the information described 
in paragraph (b)(1), according to the schedule in paragraph (b)(2) of 
this section. The Initial Notification provisions in Sec. 63.9(b)(1) 
through (b)(3) of subpart A of this part shall not apply to owners or 
operators of sources subject to this subpart.
    (1) The Initial Notification shall include the following 
information:
    (i) The name and address of the owner or operator;
    (ii) The address (physical location) of the affected source;
    (iii) An identification of the chemical manufacturing processes 
subject to this subpart; and
    (iv) A statement of whether the source can achieve compliance by the 
applicable compliance date specified in the subpart in 40 CFR part 63 
that references this subpart.
    (2) The Initial Notification shall be submitted according to the 
schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this 
section, as applicable.
    (i) For an existing source, the Initial Notification shall be 
submitted within 120 days after the date of promulgation of the subpart 
that references this subpart.
    (ii) For a new source that has an initial start-up 90 days after the 
date of promulgation of this subpart or later, the application for 
approval of construction or reconstruction required by Sec. 63.5(d) of 
subpart A of this part shall be submitted in lieu of the Initial 
Notification. The application shall be submitted as soon as practicable 
before the construction or reconstruction is planned to commence (but it 
need not be sooner than 90 days after the date of promulgation of the 
subpart that references this subpart).
    (iii) For a new source that has an initial start-up prior to 90 days 
after the date of promulgation of the applicable subpart, the Initial 
Notification shall be submitted within 90 days after the date of 
promulgation of the subpart that references this subpart.
    (c) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status within 90 days after the 
compliance dates specified in the subpart in 40 CFR part 63 that 
references this subpart, except as provided in paragraph (c)(4) of this 
section.
    (1) The notification shall provide the information listed in 
paragraphs (c)(1)(i) through (c)(1)(iv) of this section for each process 
unit subject to the requirements of Sec. 63.163 through Sec. 63.174 of 
this subpart.
    (i) Process unit identification.
    (ii) Number of each equipment type (e.g., valves, pumps) excluding 
equipment in vacuum service.
    (iii) Method of compliance with the standard (for example, ``monthly 
leak detection and repair'' or ``equipped with dual mechanical seals'').
    (iv) Planned schedule for each phase of the requirements in 
Sec. 63.163 and Sec. 63.168 of this subpart.
    (2) The notification shall provide the information listed in 
paragraphs (c)(2)(i) and (c)(2)(ii) of this section for each process 
unit subject to the requirements of Sec. 63.178(b) of this subpart.
    (i) Batch products or product codes subject to the provisions of 
this subpart, and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the information listed in 
paragraphs (c)(3)(i) and (c)(3)(ii) of this section for each process 
unit subject to the requirements in Sec. 63.179 of this subpart.
    (i) Process unit identification.

[[Page 635]]

    (ii) A description of the system used to create a negative pressure 
in the enclosure and the control device used to comply with the 
requirements of Sec. 63.172 of this subpart.
    (4) For existing sources subject to subpart F of this part, the 
Notification of Compliance Status shall be submitted for the group of 
process units with the earliest compliance date specified in 
Sec. 63.100(k) of subpart F of this part, by no later than 90 days after 
the compliance date for that group. The Notification of Compliance 
Status for each subsequent group shall be submitted as part of the first 
periodic report that is due not less than 90 days after the compliance 
date for that group.
    (d) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports.
    (1) A report containing the information in paragraphs (d)(2), 
(d)(3), and (d)(4) of this section shall be submitted semiannually 
starting 6 months after the Notification of Compliance Status, as 
required in paragraph (c) of this section. The first periodic report 
shall cover the first 6 months after the compliance date specified in 
Sec. 63.100(k)(3) of subpart F. Each subsequent periodic report shall 
cover the 6 month period following the preceding period.
    (2) For each process unit complying with the provisions of 
Sec. 63.163 through Sec. 63.174 of this subpart, the summary information 
listed in paragraphs (i) through (xvi) of this paragraph for each 
monitoring period during the 6-month period.
    (i) The number of valves for which leaks were detected as described 
in Sec. 63.168(b) of this subpart, the percent leakers, and the total 
number of valves monitored;
    (ii) The number of valves for which leaks were not repaired as 
required in Sec. 63.168(f) of this subpart, identifying the number of 
those that are determined nonrepairable;
    (iii) The number of pumps for which leaks were detected as described 
in Sec. 63.163(b) of this subpart, the percent leakers, and the total 
number of pumps monitored;
    (iv) The number of pumps for which leaks were not repaired as 
required in Sec. 63.163(c) of this subpart;
    (v) The number of compressors for which leaks were detected as 
described in Sec. 63.164(f) of this subpart;
    (vi) The number of compressors for which leaks were not repaired as 
required in Sec. 63.164(g) of this subpart;
    (vii) The number of agitators for which leaks were detected as 
described in Sec. 63.173(a) and (b) of this subpart;
    (viii) The number of agitators for which leaks were not repaired as 
required in Sec. 63.173(c) of this subpart;
    (ix) The number of connectors for which leaks were detected as 
described in Sec. 63.174(a) of this subpart, the percent of connectors 
leaking, and the total number of connectors monitored;
    (x) [Reserved]
    (xi) The number of connectors for which leaks were not repaired as 
required in Sec. 63.174(d) of this subpart, identifying the number of 
those that are determined nonrepairable;
    (xii) [Reserved]
    (xiii) The facts that explain any delay of repairs and, where 
appropriate, why a process unit shutdown was technically infeasible.

[59 FR 19568, Apr. 22, 1994, as amended at 60 FR 63631, Dec. 12, 1995]
    (xiv) The results of all monitoring to show compliance with 
Secs. 63.164(i), 63.165(a), and 63.172(f) of this subpart conducted 
within the semiannual reporting period.
    (xv) If applicable, the initiation of a monthly monitoring program 
under Sec. 63.168(d)(1)(i) of this subpart, or a quality improvement 
program under either Secs. 63.175 or 63.176 of this subpart.
    (xvi) If applicable, notification of a change in connector 
monitoring alternatives as described in Sec. 63.174(c)(1) of this 
subpart.
    (3) For owners or operators electing to meet the requirements of 
Sec. 63.178(b) of this subpart, the report shall include the information 
listed in paragraphs (i) through (v) of this paragraph for each process 
unit.
    (i) Batch product process equipment train identification;
    (ii) The number of pressure tests conducted;
    (iii) The number of pressure tests where the equipment train failed 
the pressure test;
    (iv) The facts that explain any delay of repairs; and

[[Page 636]]

    (v) The results of all monitoring to determine compliance with 
Sec. 63.172(f) of this subpart.
    (4) The information listed in paragraph (c) of this section for the 
Notification of Compliance Status for process units with later 
compliance dates. Any revisions to items reported in earlier 
Notification of Compliance Status, if the method of compliance has 
changed since the last report.

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 
60 FR 18030, Apr. 10, 1995]

                                      Table 1 to Subpart H--Batch Processes                                     
                            Monitoring Frequency for Equipment Other than Connectors                            
----------------------------------------------------------------------------------------------------------------
                                          Equivalent continuous process monitoring frequency time in use        
   Operating time (% of year)   --------------------------------------------------------------------------------
                                        Monthly                  Quarterly                   Semiannually       
----------------------------------------------------------------------------------------------------------------
0 to <25.......................  Quarterly............  Annually...................  Annually.                  
25 to <50......................  Quarterly............  Semiannually...............  Annually.                  
50 to <75......................  Bimonthly............  Three times................  Semiannually.              
75 to 100......................  Monthly..............  Quarterly..................  Semiannually.              
----------------------------------------------------------------------------------------------------------------


  Table 2 to Subpart H--Surge Control Vessels and Bottoms Receivers at  
                            Existing Sources                            
------------------------------------------------------------------------
                                                  Vapor pressure\1\     
       Vessel capacity (cubic meters)               (kilopascals)       
------------------------------------------------------------------------
75  capacity < 151..............   13.1           
151  capacity...................   5.2a           
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at operating       
  temperature as defined in subpart G of this part.                     


[60 FR 18025, Apr. 10, 1995]

Table 3 to Subpart H--Surge Control Vessels and Bottoms Receivers at New
                                 Sources                                
------------------------------------------------------------------------
                                                  Vapor pressure\1\     
       Vessel capacity (cubic meters)               (kilopascals)       
------------------------------------------------------------------------
38  capacity < 151..............   13.1           
151  capacity...................   0.7            
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at operating       
  temperature as defined in subpart G of this part.                     


[60 FR 18025, Apr. 10, 1995]



    Subpart I--National Emission Standards for Organic Hazardous Air 
 Pollutants for Certain Processes Subject to the Negotiated Regulation 
                           for Equipment Leaks

    Source: 59 FR 19587, Apr. 22, 1994, unless otherwise noted.



Sec. 63.190  Applicability and designation of source.

    (a) This subpart provides applicability provisions, definitions, and 
other general provisions that are applicable to sources subject to this 
subpart.
    (b) Except as provided in paragraph (b)(7) of this section, the 
provisions of subparts I and H of this part apply to emissions of the 
designated organic HAP from the processes specified in paragraphs (b)(1) 
through (b)(6) of this section that are located at a plant site that is 
a major source as defined in section 112(a) of the Act. The specified 
processes are further defined in Sec. 63.191.
    (1) Styrene-butadiene rubber production (butadiene and styrene 
emissions only).
    (2) Polybutadiene rubber production (butadiene emissions only).
    (3) The processes producing the agricultural chemicals listed in 
paragraphs (b)(3)(i) through (b)(3)(v) of this section (butadiene, 
carbon tetrachloride, methylene chloride, and ethylene dichloride 
emissions only).
    (i) Captafol,
    (ii) Captan,
    (iii) Chlorothalonil,
    (iv) Dacthal, and
    (v) TordonTM acid.
    (4) Processes producing the polymers/resins or other chemical 
products listed in paragraphs (b)(4)(i) through (b)(4)(vi) of this 
section (carbon tetrachloride, methylene chloride, tetrachloroethylene, 
chloroform, and ethylene dichloride emissions only).
    (i) Hypalon,
    (ii) Oxybisphenoxarsine/1,3-diisocyanate (OBPA),
    (iii) Polycarbonates,
    (iv) Polysulfide rubber,

[[Page 637]]

    (v) Chlorinated paraffins, and
    (vi) Symmetrical tetrachloropyridine.
    (5) Pharmaceutical production processes using carbon tetrachloride 
or methylene chloride (carbon tetrachloride and methylene chloride 
emissions only).
    (6) Processes producing the polymers/resins or other chemical 
products listed in paragraphs (b)(6)(i) through (b)(6)(v) of this 
section (butadiene emissions only).
    (i) [Reserved]
    (ii) Methylmethacrylate-butadiene-styrene resins (MBS)
    (iii) Butadiene-furfural cotrimer,
    (iv) Methylmethacrylate-acrylonitrile-butadiene-styrene (MABS) 
resins, and
    (v) Ethylidene norbornene.
    (7) The owner or operator of a plant site at which a process 
specified in paragraphs (b)(1) through (b)(6) of this section is located 
is exempt from all requirements of this subpart I until not later than 
April 22, 1997 if the owner or operator certifies, in a notification to 
the appropriate EPA Regional Office, not later than May 14, 1996, that 
the plant site at which the process is located emits, and will continue 
to emit, during any 12-month period, less than 10 tons per year of any 
individual HAP, and less than 25 tons per year of any combination of 
HAP.
    (i) If such a determination is based on limitations and conditions 
that are not federally enforceable (as defined in subpart A of this 
part), the owner or operator shall document the basis for the 
determination as specified in paragraphs (b)(7)(i)(A) through 
(b)(7)(i)(C).
    (A) The owner or operator shall identify all HAP emission points at 
the plant site, including those emission points subject to and emission 
points not subject to subparts F, G, and H of this part;
    (B) The owner or operator shall calculate the amount of annual HAP 
emissions released from each emission point at the plant site, using 
acceptable measurement or estimating techniques for maximum expected 
operating conditions at the plant site. Examples of estimating 
procedures that are considered acceptable include the calculation 
procedures in Sec. 63.150 of subpart G, the early reduction 
demonstration procedures specified in Secs. 63.74(c)(2), (c)(3), (d)(2), 
(d)(3), and (g), or accepted engineering practices. If the total annual 
HAP emissions for the plant site are annually reported under EPCRA 
section 313, then such reported annual emissions may be used to satisfy 
the requirements of this paragraph.
    (C) The owner or operator shall sum the amount of annual HAP 
emissions from all emission points on the plant site. If the total 
emissions of any one HAP are less than 10 tons per year and the total 
emissions of any combination of HAP are less than 25 tons per year, the 
plant site qualifies for the exemption described in paragraph (b)(7) of 
this section, provided that emissions are kept below these thresholds.
    (ii) If such a determination is based on limitations and conditions 
that are federally enforceable, and the plant site is not a major source 
(as defined in subpart A of this part), the owner or operator is not 
subject to the provisions of paragraph (b)(7) of this section.
    (c) The owner or operator of a process listed in paragraph (b) of 
this section that does not have the designated organic hazardous air 
pollutants present in the process shall comply only with the 
requirements of Sec. 63.192(k) of this subpart. To comply with this 
subpart, such processes shall not be required to comply with the 
provisions of subpart A of this part.
    (d) For the purposes of subparts I and H of this part, the source 
includes pumps, compressors, agitators, pressure relief devices, 
sampling connection systems, open-ended valves or lines, valves, 
connectors, surge control vessels, bottoms receivers, and 
instrumentation systems that are associated with the processes 
identified in paragraph (b) of this section and are intended to operate 
in organic hazardous air pollutant service (as defined in Sec. 63.191 of 
this subpart) for 300 hours or more during the calendar year.
    (e) The owner or operator of a process subject to this subpart is 
required to comply with the provisions of subpart H of this part on or 
before the dates specified in paragraph (e)(1) or (e)(2) of this 
section, unless the owner or operator eliminates the use or production 
of

[[Page 638]]

all HAP's that cause the process to be subject to this rule no later 
than 18 months after April 22, 1994.
    (1) New sources that commence construction or reconstruction after 
December 31, 1992 shall comply upon initial start-up or April 22, 1994.
    (2) Existing sources shall comply no later than October 24, 1994, 
except as provided in paragraphs (e)(3) through (e)(6) of this section 
or unless an extension has been granted by the EPA Regional Office or 
operating permit authority, as provided in Sec. 63.6(i) of subpart A of 
this part.
    (3) Existing process units shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than May 10, 1995, for 
any compressor meeting one or more of the criteria in paragraphs 
(e)(3)(i) through (e)(3)(iv) of this section, if the work can be 
accomplished without a process unit shutdown, as defined in Sec. 63.161.
    (i) The seal system will be replaced;
    (ii) A barrier fluid system will be installed;
    (iii) A new barrier fluid will be utilized which requires changes to 
the existing barrier fluid system; or
    (iv) The compressor must be modified to permit connecting the 
compressor to a closed vent system.
    (4) Existing process units shall be in compliance with the 
requirements of Sec. 63.164 of subpart H no later than January 23, 1996, 
for any compressor meeting the criteria in paragraphs (e)(4)(i) through 
(e)(4)(iv) of this section.
    (i) The compressor meets one or more of the criteria specified in 
paragraphs (e)(3) (i) through (iv) of this section;
    (ii) The work can be accomplished without a process unit shutdown as 
defined in Sec. 63.161;
    (iii) The additional time is actually necessary due to the 
unavailability of parts beyond the control of the owner or operator; and
    (iv) The owner or operator submits a request to the appropriate EPA 
Regional Office at the addresses listed in Sec. 63.13 of subpart A of 
this part no later than May 10, 1995. The request shall include the 
information specified in paragraphs (e)(4)(iv)(A) through (e)(4)(iv)(E) 
of this section. Unless the EPA Regional Office objects to the request 
within 30 days after receipt, the request shall be deemed approved.
    (A) The name and address of the owner or operator and the address of 
the existing source if it differs from the address of the owner or 
operator;
    (B) The name, address, and telephone number of a contact person for 
further information;
    (C) An identification of the process unit, and of the specific 
equipment for which additional compliance time is required;
    (D) The reason compliance cannot reasonably be achieved by May 10, 
1995; and
    (E) The date by which the owner or operator expects to achieve 
compliance.
    (5)(i) If compliance with the compressor provisions of Sec. 63.164 
of subpart H of this part cannot reasonably be achieved without a 
process unit shutdown, as defined in Sec. 63.161 of subpart H, the owner 
or operator shall achieve compliance no later than April 22, 1996, 
except as provided in paragraph (e)(5)(ii) of this section. The owner or 
operator who elects to use this provision shall also comply with the 
requirements of Sec. 63.192(g) of this subpart.
    (ii) If compliance with the compressor provisions of Sec. 63.164 of 
subpart H of this part cannot be achieved without replacing the 
compressor or recasting the distance piece, the owner or operator shall 
achieve compliance no later than April 22, 1997. The owner or operator 
who elects to use this provision shall also comply with the requirements 
of Sec. 63.192(g) of this subpart.
    (6) Existing sources shall be in compliance with the provisions of 
Sec. 63.170 of subpart H no later than April 22, 1997.
    (f) The provisions of subparts I and H of this part do not apply to 
research and development facilities or to bench-scale batch processes, 
regardless of whether the facilities or processes are located at the 
same plant site as a process subject to the provisions of subpart I and 
H of this part.
    (g)(1) If an additional process unit specified in paragraph (b) of 
this section is added to a plant site that is a major source as defined 
in Section 112(a) of the CAA, the addition shall be subject to the 
requirements for a new

[[Page 639]]

source in subparts H and I of this part if:
    (i) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (ii) Such construction commenced after December 31, 1992; and
    (iii) The addition has the potential to emit 10 tons per year or 
more of any HAP or 25 tons per year or more of any combination of HAP's, 
unless the Administrator establishes a lesser quantity.
    (2) If any change is made to a process subject to this subpart, the 
change shall be subject to the requirements for a new source in subparts 
H and I of this part if:
    (i) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part;
    (ii) Such reconstruction commenced after December 31, 1992.
    (3) If an additional process unit is added to a plant site or a 
change is made to a process unit and the addition or change is 
determined to be subject to the new source requirements according to 
paragraphs (g)(1) or (g)(2) of this section:
    (i) The new or reconstructed source shall be in compliance with the 
new source requirements of subparts H and I of this part upon initial 
start-up of the new or reconstructed source or by April 22, 1994, 
whichever is later; and
    (ii) The owner or operator of the new or reconstructed source shall 
comply with the reporting and recordkeeping requirements in subparts H 
and I of this part that are applicable to new sources. The applicable 
reports include, but are not limited to:
    (A) Reports required by Sec. 63.182(b), if not previously submitted, 
Sec. 63.182 (c) and (d) of subpart H of this part; and
    (B) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts H and I of this part, as 
identified in Sec. 63.192(a) of this subpart.
    (4) If an additional process unit is added to a plant site, if a 
surge control vessel or bottoms receiver becomes subject to Sec. 63.170 
of subpart H, or if a compressor becomes subject to Sec. 63.164 of 
subpart H, and if the addition or change is not subject to the new 
source requirements as determined according to paragraphs (g)(1) or 
(g)(2) of this section, the requirements in paragraphs (g)(4)(i) through 
(g)(4)(iii) of this section shall apply. Examples of process changes 
include, but are not limited to, changes in production capacity, 
feedstock type, or catalyst type, or whenever there is replacement, 
removal, or addition of recovery equipment. For purposes of this 
paragraph, process changes do not include: process upsets, unintentional 
temporary process changes, and changes that are within the equipment 
configuration and operating conditions documented in the Notification of 
Compliance Status required by Sec. 63.182(c) of subpart H of this part.
    (i) The added emission point(s) and any emission point(s) within the 
added or changed process unit are subject to the requirements of 
subparts H and I of this part for an existing source;
    (ii) The added emission point(s) and any emission point(s) within 
the added or changed process unit shall be in compliance with subparts H 
and I of this part by the dates specified in paragraphs (g)(4)(ii)(A) or 
(g)(4)(ii)(B) of this section, as applicable.
    (A) If a process unit is added to a plant site or an emission 
point(s) is added to an existing process unit, the added process unit or 
emission point(s) shall be in compliance upon initial start-up of the 
added process unit or emission point(s) or by April 22, 1997, whichever 
is later.
    (B) If a surge control vessel or bottoms receiver becomes subject to 
Sec. 63.170 of subpart H, if a compressor becomes subject to Sec. 63.164 
of subpart H, or if a deliberate operational process change causes 
equipment to become subject to subpart H of this part, the owner or 
operator shall be in compliance upon initial start-up or by April 22, 
1997, whichever is later, unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than making 
the change. The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule. The Administrator shall approve the compliance schedule or 
request

[[Page 640]]

changes within 120 calendar days of receipt of the compliance schedule 
and justification.
    (iii) The owner or operator of a process unit or emission point that 
is added to a plant site and is subject to the requirements for existing 
sources shall comply with the reporting and recordkeeping requirements 
of subparts H and I of this part that are applicable to existing 
sources, including, but not limited to, the reports listed in paragraphs 
(g)(4)(iii)(A) and (g)(4)(iii)(B) of this section.
    (A) Reports required by Sec. 63.182 of subpart H of this part; and
    (B) Reports and notifications required by sections of subpart A of 
this part that are applicable to subparts H and I of this part, as 
identified in Sec. 63.192(a) of this subpart.
    (h) Rules stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart I is stayed from 
October 24, 1994, to April 24, 1995, only as applied to those sources 
for which the owner or operator makes a representation in writing to the 
Administrator that the resolution of the area source definition issues 
could have an effect on the compliance status of the source with respect 
to subpart I.
    (i) Sections stayed for reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of Secs. 63.164 and 63.170 
of subpart H is stayed from October 28, 1994, to April 24, 1995, only as 
applied to those sources subject to Sec. 63.190(e)(2).
    (j) If a change that does not meet the criteria in paragraph (g)(4) 
of this section is made to a process unit subject to subparts H and I of 
this part, and the change causes equipment to become subject to the 
provisions of subpart H of this part, then the owner or operator shall 
comply with the requirements of subpart H of this part for the equipment 
as expeditiously as practical, but in no event later than three years 
after the equipment becomes subject.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.

[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 
59 FR 53360, Oct. 24, 1994; 59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 
27, 1995; 60 FR 18025, Apr. 10, 1995; 61 FR 7718, Feb. 29, 1996; 61 FR 
31441, June 20, 1996]



Sec. 63.191  Definitions.

    (a) The following terms as used in subparts I and H of this part 
shall have the meaning given them in subpart A of this part: Act, 
Administrator, approved permit program, commenced, compliance date, 
construction, effective date, EPA, equivalent emission limitation, 
existing source, Federally enforceable, hazardous air pollutant, lesser 
quantity, major source, malfunction, new source, owner or operator, 
performance evaluation, performance test, permit program, permitting 
authority, reconstruction, relevant standard, responsible official, run, 
standard conditions, State, and stationary source.
    (b) All other terms used in this subpart and in subpart H of this 
part shall have the meaning given them in the Act and in this section. 
If the same term is defined in subpart A or H of this part and in this 
section, it shall have the meaning given in this section for purposes of 
subparts I and H of this part.
    Bench-scale batch process means a batch process (other than a 
research and development facility) that is operated on a small scale, 
such as one capable of being located on a laboratory bench top. This 
bench-scale equipment will typically include reagent feed vessels, a 
small reactor and associated product separator, recovery and holding 
equipment. These processes are only capable of producing small 
quantities of product.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    Butadiene-furfural cotrimer (R-11) means the product of reaction of 
butadiene with excess furfural in a liquid phase reactor. R-11 is 
usually used as an insect repellant and as a delousing agent for cows in 
the dairy industry.

[[Page 641]]

    Captafol means the fungicide Captafol ([cis-N(1,1,2,2-
tetrachloroethyl)-thio]-4-cylcohexene-1,2-dicarboximide). The category 
includes any production process units that store, react, or otherwise 
process 1,3-butadiene in the production of Captafol.
    Captan means the fungicide Captan. The production process 
typically includes, but is not limited to, the reaction of 
tetrahydrophthalimide and perchloromethyl mercaptan with caustic.
    Chlorinated paraffins means dry chlorinated paraffins, which are 
mainly straight-chain, saturated hydrocarbons. The category includes, 
but is not limited to, production of chlorinated paraffins by passing 
gaseous chlorine into a paraffin hydrocarbon or by chlorination by using 
solvents, such as carbon tetrachloride, under reflux.
    Chlorothalonil means the agricultural fungicide, bactericide and 
nematocide Chlorothalonil (Daconil). The category includes any process 
units utilized to dissolve tetrachlorophthalic acid chloride in an 
organic solvent, typically carbon tetrachloride, with the subsequent 
addition of ammonia.
    Dacthal TM means the pre-emergent herbicide DacthalTM, 
also known as DCPA, DAC, and dimethyl ester 2,3,5,6-
tetrachloroterephthalic acid. The category includes, but is not limited 
to, chlorination processes and the following production process units: 
photochlorination reactors, thermal chlorination reactors, and 
condensers.
    Ethylidene Norbornene means the diene with CAS number 16219-75-3. 
Ethylidene norbornene is used in the production of ethylene-propylene 
rubber products.
    HypalonTM (chlorosulfonated polyethylene) means a synthetic 
rubber produced by reacting polyethylene with chloric and sulfur 
dioxide, transforming the thermoplastic polyethylene into a vulcanized 
elastomer. The reaction is conducted in a solvent (carbon tetrachloride) 
reaction medium.
    Initial start-up means the first time a new or reconstructed source 
begins production. Initial start-up does not include operation solely 
for testing equipment. For purposes of subpart H of this part, initial 
start-up does not include subsequent start-ups (as defined in 
Sec. 63.161 of subpart H of this part) of process units (as defined in 
Sec. 63.161 of subpart H of this part) following malfunctions or process 
unit shutdowns.
    In organic hazardous air pollutant service or in organic HAP service 
means that a piece of equipment either contains or contacts a fluid 
(liquid or gas) that is at least 5 percent by weight of the designated 
organic HAP's listed in Sec. 63.190(b) of this subpart.
    Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene (MABS) Resins 
means styrenic polymers containing methyl methacrylate, acrylonitrile, 
1,3-butadiene, and styrene. The MABS copolymers are prepared by 
dissolving or dispersing polybutadiene rubber in a mixture of methyl 
methacrylate- acrylonitrile-styrene and butadiene monomer. The graft 
polymerization is carried out by a bulk or a suspension process.
    Methyl Methacrylate-Butadiene-Styrene (MBS) Resins means styrenic 
polymers containing methyl methacrylate, 1,3-butadiene, and styrene. 
Production of MBS terpolymers is achieved using an emulsion process in 
which methyl methacrylate and styrene are grafted onto a styrene- 
butadiene rubber.
    Oxybisphenoxarsine (OBPA)/1,3-Diisocyanate means the chemical with 
CAS number 58-36-6. The chemical is primarily used for fungicidal and 
bactericidal protection of plastics. The process uses chloroform as a 
solvent.
    Pharmaceutical production process means a process that synthesizes 
one or more pharmaceutical intermediate or final products using carbon 
tetrachloride or methylene chloride as a reactant or process solvent. 
Pharmaceutical production process does not mean process operations 
involving formulation activities, such as tablet coating or spray 
coating of drug particles, or solvent recovery or waste management 
operations.
    Polybutadiene production means a process that produces polybutadiene 
through the polymerization of 1,3-butadiene.
    Polycarbonates means a special class of polyester formed from any

[[Page 642]]

dihydroxy compound and any carbonate diester or by ester interchange. 
Polycarbonates may be produced by solution or emulsion polymerization, 
although other methods may be used. A typical method for the manufacture 
of polycarbonates includes the reaction of bisphenol-A with phosgene in 
the presence of pyridine to form a polycarbonate. Methylene chloride is 
used as a solvent in this polymerization reaction.
    Polysulfide rubber means a synthetic rubber produced by reaction of 
sodium sulfide and p-dichlorobenzene at an elevated temperature in a 
polar solvent. This rubber is resilient and has low temperature 
flexibility.
    Process Unit means the group of equipment items used to process raw 
materials and to manufacture a product. For the purposes of this 
subpart, process unit includes all unit operations and associated 
equipment (e.g., reactors and associated product separators and recovery 
devices), associated unit operations (e.g., extraction columns), any 
feed and product storage vessels, and any transfer racks for 
distribution of final product.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products except in a deminimis manner.
    Source means the collection of equipment listed in Sec. 63.190(d) to 
which this subpart applies as determined by the criteria in Sec. 63.190. 
For purposes of subparts H and I of this part, the term affected source 
as used in subpart A of this part has the same meaning as the term 
source defined here.
    Styrene-butadiene rubber production means a process that produces 
styrene-butadiene copolymers, whether in solid (elastomer) or emulsion 
(latex) form.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit when in-process storage, mixing, or management of flow rates or 
volumes is needed to assist in production of a product.
    Symmetrical tetrachloropyridine means the chemical with CAS number 
2402-79-1.
    Tordon acid TM means the synthetic herbicide 4-amino-3,5,6-
trichloropicolinic acid, picloram. The category includes, but is not 
limited to, chlorination processes utilized in TordonTM acid 
production.

[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 
60 FR 18026, 18030, Apr. 10, 1995; 61 FR 31442, June 20, 1996]



Sec. 63.192  Standard.

    (a)(1) The owner or operator of a source subject to this subpart 
shall comply with the requirements of subpart H of this part for the 
processes and designated organic HAP's listed in Sec. 63.190(b) of this 
subpart.
    (2) The owner or operator of a pharmaceutical production process 
subject to this subpart may define a process unit as a set of 
operations, within a source, producing a product, as all operations 
collocated within a building or structure or as all affected operations 
at the source.
    (b) All provisions in Secs. 63.1 through 63.15 of subpart A of this 
part which apply to owners and operators of sources subject to subparts 
I and H of this part, are:
    (1) The applicability provisions of Sec. 63.1 (a)(1), (a)(2), 
(a)(10), (a)(12) through (a)(14);
    (2) The definitions of Sec. 63.2 unless changed or modified by 
specific entry in Sec. 63.191 or Sec. 63.161;
    (3) The units and abbreviations in Sec. 63.3;
    (4) The prohibited activities and circumvention provisions of 
Sec. 63.4 (a)(1), (a)(2), (a)(3), (a)(5), and (b);
    (5) The construction and reconstruction provisions of Sec. 63.5(a), 
(b)(1), (b)(3), (d) (except the review is limited to the equipment 
subject to the provisions of subpart H), (e), and (f);
    (6)(i) The compliance with standards and maintenance requirements of 
Sec. 63.6(a), (b)(3), (c)(5), (e), (i)(1), (i)(2), (i)(4)(i)(A), 
(i)(6)(i), (i)(8) through (i)(10), (i)(12) through (i)(14), (i)(16), and 
(j);
    (ii) The operational and maintenance requirements of Sec. 63.6(e). 
The startup, shutdown, and malfunction plan requirement of 
Sec. 63.6(e)(3) is limited to

[[Page 643]]

control devices subject to the provisions of subpart H of part 63 and is 
optional for other equipment subject to subpart H. The startup, 
shutdown, and malfunction plan may include written procedures that 
identify conditions that justify a delay of repair.
    (7) With respect to flares, the performance testing requirements of 
Sec. 63.7(a)(3), (d), (e)(1), (e)(2), (e)(4), and (h);
    (8) The notification requirements of Sec. 63.9 (a)(1), (a)(3), 
(a)(4), (b)(1)(i), (b)(4), (b)(5) (except, use the schedule specified in 
subpart H), (c), (d), and (i);
    (9) The recordkeeping and reporting requirements of Sec. 63.10(a) 
and (f);
    (10) The control device requirements of Sec. 63.11(b); and
    (11) The provisions of Sec. 63.12 through Sec. 63.15.
    (c) Initial performance tests and initial compliance determinations 
shall be required only as specified in subpart H of this part.
    (1) Performance tests and compliance determinations shall be 
conducted according to the applicable sections of subpart H.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled to allow the Administrator the opportunity 
to have an observer present during the test.

    Note: This requirement does not apply to equipment subject to 
monitoring using Method 21 of part 60, appendix A.

    (3) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) of subpart A of this part, except that performance tests 
shall be conducted at maximum representative operating conditions for 
the process. During the performance test, an owner or operator may 
operate the control or recovery device at maximum or minimum 
representative operating conditions for monitored control or recovery 
device parameters, whichever results in lower emission reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable subpart, or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (d) An application for approval of construction or reconstruction, 
40 CFR 63.5 of this chapter, will not be required if:
    (1) The new process unit complies with the applicable standards in 
Sec. 63.162 or Sec. 63.178 of subpart H of this part; and
    (2) In the next semiannual report required by Sec. 63.182(d) of 
subpart H of this part, the information in Sec. 63.182(c) of subpart H 
of this part is reported.
    (e) If an owner or operator of a process plans to eliminate the use 
or production of all HAP's that cause the process to be subject to the 
provisions of subparts I and H of this part no later than 18 months 
after April 22, 1994, the owner or operator shall submit to the 
Administrator a brief description of the change, identify the HAP's 
eliminated, and the expected date of cessation of operation of the 
current process, by no later than January 23, 1995.
    (f) Each owner or operator of a source subject to subparts I and H 
of this part shall keep copies of all applicable reports and records 
required by subpart H for at least 2 years, except as otherwise 
specified in subpart H.
    (1) All applicable records shall be maintained in such a manner that 
they can be readily accessed. This could include hard-copy or computer 
records maintained on-site at the source or accessing the records from a 
central location by computer.
    (2) The owner or operator subject to subparts I and H of this part 
shall keep the records specified in this paragraph, as well as records 
specified in subpart H of this part.
    (i) Records of the occurrence and duration of each start-up, 
shutdown, and malfunction of operation of a process subject to this 
subpart as specified in Sec. 63.190(b) of this subpart.
    (ii) Records of the occurrence and duration of each malfunction of 
air pollution control equipment or continuous monitoring systems used to 
comply with subparts I and H of this part.
    (iii) For each start-up, shutdown, and malfunction, records that the 
procedures specified in the source's start-up, shutdown, and malfunction 
plan were followed, and documentation of actions taken that are not 
consistent with the plan.

[[Page 644]]

    (g) All reports required under subpart H shall be sent to the 
Administrator at the addresses listed in Sec. 63.13 of subpart A of this 
part.
    (1) Wherever subpart A specifies ``postmark'' dates, submittals may 
be sent by methods other than the U.S. Mail (e.g., by fax or courier).
    (i) Submittals sent by U.S. Mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (h) If, in the judgment of the Administrator, an alternative means 
of emission limitation will achieve a reduction in organic HAP emissions 
at least equivalent to the reduction in organic HAP emissions from that 
source achieved under any design, equipment, work practice, or 
operational standards in subpart H of this part, the Administrator will 
publish in the Federal Register a notice permitting the use of the 
alternative means for purposes of compliance with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any notice under paragraph (h) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (3) Any person seeking permission to use an alternative means of 
compliance under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions.
    (i) Each owner or operator of a source subject to this subpart shall 
obtain a permit under 40 CFR part 70 or part 71 from the appropriate 
permitting authority.
    (1) If EPA has approved a State operating permit program under 40 
CFR part 70, the permit shall be obtained from the State authority.
    (2) If the State operating permit program has not been approved, the 
source shall apply to the EPA regional office pursuant to 40 CFR part 
71.
    (j) The requirements in subparts I and H of this part are Federally 
enforceable under section 112 of the Act on and after the dates 
specified in Sec. 63.190(d) of this subpart.
    (k) The basis for the determination that a process does not use as a 
reactant or manufacture as a product the designated organic hazardous 
air pollutant shall be documented. Examples of information that could 
document this include, but are not limited to, records of chemicals 
purchased for the process, analyses of process stream composition, 
engineering calculations, or process knowledge.
    (l) To qualify for the exemption specified in Sec. 63.190(b)(7) of 
this subpart, the owner or operator shall maintain the documentation of 
the information required pursuant to Sec. 63.190(b)(7)(i), and 
documentation of any update of this information requested by the EPA 
Regional Office, and shall provide the documentation to the EPA Regional 
Office upon request. The EPA Regional Office will notify the owner or 
operator, after reviewing such documentation, whether, in the EPA 
Regional Office's judgement, the source does not qualify for the 
exemption specified in Sec. 63.190(b)(7) of this subpart. In such cases, 
compliance with this subpart shall be required no later than 90 days 
after the date of such notification by the EPA Regional Office.
    (m) An owner or operator who elects to use the compliance extension 
provisions of Sec. 63.190(e)(5) (i) or (ii) shall submit a compliance 
extension request to the appropriate EPA Regional Office no later than 
May 10, 1995. The request shall contain the information specified in 
Sec. 63.190(e)(4)(iv) and the reason compliance cannot reasonably be 
achieved without a process unit shutdown, as defined in Sec. 63.161 of 
subpart H or replacement of the compressor or recasting of the distance 
piece.

[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 
60 FR 18026, 18030, Apr. 10, 1995; 61 FR 31442, June 20, 1996]



Sec. 63.193  Delegation of authority.

    In delegating implementation and enforcement authority to a State 
under section 112(d) of the Act, the authority for Sec. 63.177 of 
subpart H of this

[[Page 645]]

part shall be retained by the Administrator and not transferred to a 
State.



                        Subparts J-K--[Reserved]



     Subpart L--National Emission Standards for Coke Oven Batteries

    Source: 58 FR 57911, Oct. 27, 1993, unless otherwise noted.



Sec. 63.300   Applicability.

    (a) Unless otherwise specified in Secs. 63.306, 63.307, and 63.311, 
the provisions of this subpart apply to existing by-product coke oven 
batteries at a coke plant and to existing nonrecovery coke oven 
batteries at a coke plant on and after the following dates:
    (1) December 31, 1995, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.302(a)(1) or existing 
nonrecovery coke oven batteries subject to emission limitations in 
Sec. 63.303(a);
    (2) January 1, 2003, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.302(a)(2);
    (3) November 15, 1993, for existing by-product and nonrecovery coke 
oven batteries subject to emission limitations in Sec. 63.304(b)(1) or 
63.304(c);
    (4) January 1, 1998, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.304(b)(2) or 63.304(b)(7); 
and
    (5) January 1, 2010, for existing by-product coke oven batteries 
subject to emission limitations in Sec. 63.304(b)(3) or 63.304(b)(7).
    (b) The provisions for new sources in Secs. 63.302(b), 63.302(c), 
and 63.303(b) apply to each greenfield coke oven battery and to each new 
or reconstructed coke oven battery at an existing coke plant if the coke 
oven battery results in an increase in the design capacity of the coke 
plant as of November 15, 1990, (including any capacity qualifying under 
Sec. 63.304(b)(6), and the capacity of any coke oven battery subject to 
a construction permit on November 15, 1990, which commenced operation 
before October 27, 1993.
    (c) The provisions of this subpart apply to each brownfield coke 
oven battery, each padup rebuild, and each cold-idle coke oven battery 
that is restarted.
    (d) The provisions of Secs. 63.304(b)(2)(i)(A) and 63.304(b)(3)(i) 
apply to each foundry coke producer as follows:
    (1) A coke oven battery subject to Sec. 63.304(b)(2)(i)(A) or 
Sec. 63.304(b)(3)(i) must be a coke oven battery that on January 1, 
1992, was owned or operated by a foundry coke producer; and
    (2)(i) A coke oven battery owned or operated by an integrated steel 
producer on January 1, 1992, and listed in paragraph (d)(2)(ii) of this 
section, that was sold to a foundry coke producer before November 15, 
1993, shall be deemed for the purposes of paragraph (d)(1) of this 
section to be owned or operated by a foundry coke producer on January 1, 
1992.
    (ii) The coke oven batteries that may qualify under this provision 
are the following:
    (A) The coke oven batteries at the Bethlehem Steel Corporation's 
Lackawanna, New York facility; and
    (B) The coke oven batteries at the Rouge Steel Company's Dearborn, 
Michigan facility.
    (e) The emission limitations set forth in this subpart shall apply 
at all times except during a period of startup, shutdown, or 
malfunction. The startup period shall be determined by the Administrator 
and shall not exceed 180 days.
    (f) After October 28, 1992, rules of general applicability 
promulgated under section 112 of the Act, including the General 
Provisions, may apply to coke ovens provided that the topic covered by 
such a rule is not addressed in this subpart.



Sec. 63.301  Definitions.

    Terms used in this subpart are defined in the Act or in this section 
as follows:
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this subpart or its designated agent).
    Brownfield coke oven battery means a new coke oven battery that 
replaces an existing coke oven battery or batteries with no increase in 
the design capacity of the coke plant as of November 15, 1990 (including 
capacity qualifying

[[Page 646]]

under Sec. 63.304(b)(6), and the capacity of any coke oven battery 
subject to a construction permit on November 15, 1990, which commenced 
operation before October 27, 1993.
    Bypass/bleeder stack means a stack, duct, or offtake system that is 
opened to the atmosphere and used to relieve excess pressure by venting 
raw coke oven gas from the collecting main to the atmosphere from a by-
product coke oven battery, usually during emergency conditions.
    By-product coke oven battery means a source consisting of a group of 
ovens connected by common walls, where coal undergoes destructive 
distillation under positive pressure to produce coke and coke oven gas, 
from which by-products are recovered. Coke oven batteries in operation 
as of April 1, 1992, are identified in appendix A to this subpart.
    Certified observer means a visual emission observer, certified under 
(if applicable) Method 303 and Method 9 (if applicable) and employed by 
the Administrator, which includes a delegated enforcement agency or its 
designated agent. For the purpose of notifying an owner or operator of 
the results obtained by a certified observer, the person does not have 
to be certified.
    Charge or charging period means, for a by-product coke oven battery, 
the period of time that commences when coal begins to flow into an oven 
through a topside port and ends when the last charging port is recapped. 
For a nonrecovery coke oven battery, charge or charging period means the 
period of time that commences when coal begins to flow into an oven and 
ends when the push side door is replaced.
    Coke oven battery means either a by-product or nonrecovery coke oven 
battery.
    Coke oven door means each end enclosure on the pusher side and the 
coking side of an oven. The chuck, or leveler-bar, door is part of the 
pusher side door. A coke oven door includes the entire area on the 
vertical face of a coke oven between the bench and the top of the 
battery between two adjacent buckstays.
    Cold-idle coke oven battery means an existing coke oven battery that 
has been shut down, but is not dismantled.
    Collecting main means any apparatus that is connected to one or more 
offtake systems and that provides a passage for conveying gases under 
positive pressure from the by-product coke oven battery to the by-
product recovery system.
    Collecting main repair means any measure to stop a collecting main 
leak on a long-term basis. A repair measure in general is intended to 
restore the integrity of the collecting main by returning the main to 
approximately its design specifications or its condition before the leak 
occurred. A repair measure may include, but is not limited to, replacing 
a section of the collecting main or welding the source of the leak.
    Consecutive charges means charges observed successively, excluding 
any charge during which the observer's view of the charging system or 
topside ports is obscured.
    Design capacity means the original design capacity of a coke oven 
battery, expressed in megagrams per year of furnace coke.
    Foundry coke producer means a coke producer that is not and was not 
on January 1, 1992, owned or operated by an integrated steel producer 
and had on January 1, 1992, an annual design capacity of less than 1.25 
million megagrams per year (not including any capacity satisfying the 
requirements of Sec. 63.300(d)(2) or Sec. 63.304(b)(6)).
    Greenfield coke oven battery means a coke oven battery for which 
construction is commenced at a plant site (where no coke oven batteries 
previously existed) after December 4, 1992.
    Integrated steel producer means a company or corporation that 
produces coke, uses the coke in a blast furnace to make iron, and uses 
the iron to produce steel. These operations may be performed at 
different plant sites within the corporation.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
caused in part by poor maintenance or careless operation are not 
malfunctions.
    New shed means a shed for which construction commenced after 
September

[[Page 647]]

15, 1992. The shed at Bethlehem Steel Corporation's Bethlehem plant on 
Battery A is deemed not to be a new shed.
    Nonrecovery coke oven battery means a source consisting of a group 
of ovens connected by common walls and operated as a unit, where coal 
undergoes destructive distillation under negative pressure to produce 
coke, and which is designed for the combustion of the coke oven gas from 
which by-products are not recovered.
    Offtake system means any individual oven apparatus that is 
stationary and provides a passage for gases from an oven to a coke oven 
battery collecting main or to another oven. Offtake system components 
include the standpipe and standpipe caps, goosenecks, stationary jumper 
pipes, mini-standpipes, and standpipe and gooseneck connections.
    Oven means a chamber in the coke oven battery in which coal 
undergoes destructive distillation to produce coke.
    Padup rebuild means a coke oven battery that is a complete 
reconstruction of an existing coke oven battery on the same site and pad 
without an increase in the design capacity of the coke plant as of 
November 15, 1990 (including any capacity qualifying under 
Sec. 63.304(b)(6), and the capacity of any coke oven battery subject to 
a construction permit on November 15, 1990, which commenced operation 
before October 27, 1993. The Administrator may determine that a project 
is a padup rebuild if it effectively constitutes a replacement of the 
battery above the pad, even if some portion of the brickwork above the 
pad is retained.
    Pushing, for the purposes of Sec. 63.305, means that coke oven 
operation that commences when the pushing ram starts into the oven to 
push out coke that has completed the coking cycle and ends when the 
quench car is clear of the coke side shed.
    Run means the observation of visible emissions from topside port 
lids, offtake systems, coke oven doors, or the charging of a coke oven 
that is made in accordance with and is valid under Methods 303 or 303A 
in appendix A to this part.
    Shed means a structure for capturing coke oven emissions on the coke 
side or pusher side of the coke oven battery, which routes the emissions 
to a control device or system.
    Short coke oven battery means a coke oven battery with ovens less 
than 6 meters in height.
    Shutdown means the operation that commences when pushing has 
occurred on the first oven with the intent of pushing the coke out of 
all of the ovens in a coke oven battery without adding coal, and ends 
when all of the ovens of a coke oven battery are empty of coal or coke.
    Standpipe cap means an apparatus used to cover the opening in the 
gooseneck of an offtake system.
    Startup means that operation that commences when the coal begins to 
be added to the first oven of a coke oven battery that either is being 
started for the first time or that is being restarted and ends when the 
doors have been adjusted for maximum leak reduction and the collecting 
main pressure control has been stabilized. Except for the first startup 
of a coke oven battery, a startup cannot occur unless a shutdown has 
occurred.
    Tall coke oven battery means a coke oven battery with ovens 6 meters 
or more in height.
    Temporary seal means any measure, including but not limited to, 
application of luting or packing material, to stop a collecting main 
leak until the leak is repaired.
    Topside port lid means a cover, removed during charging or 
decarbonizing, that is placed over the opening through which coal can be 
charged into the oven of a by-product coke oven battery.



Sec. 63.302  Standards for by-product coke oven batteries.

    (a) Except as provided in Sec. 63.304 or Sec. 63.305, on and after 
the dates specified in this paragraph, no owner or operator shall cause 
to be discharged or allow to be discharged to the atmosphere, coke oven 
emissions from each affected existing by-product coke oven battery that 
exceed any of the following emission limitations or requirements:
    (1) On and after December 31, 1995;
    (i) For coke oven doors;
    (A) 6.0 percent leaking coke oven doors for each tall by-product 
coke

[[Page 648]]

oven battery, as determined according to the procedures in 
Sec. 63.309(d)(1); and
    (B) 5.5 percent leaking coke oven doors for each short by-product 
coke oven battery, as determined according to the procedures in 
Sec. 63.309(d)(1);
    (ii) 0.6 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iii) 3.0 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (iv) 12 seconds of visible emissions per charge, as determined by 
the procedures in Sec. 63.309(d)(2).
    (2) On and after January 1, 2003, unless the Administrator 
promulgates more stringent limits pursuant to section 112(f) of the Act;
    (i) 5.5 percent leaking coke oven doors for each tall by-product 
coke oven battery, as determined by the procedures in Sec. 63.309(d)(1); 
and
    (ii) 5.0 percent leaking coke oven doors for each short by-product 
coke oven battery, as determined by the procedures in Sec. 63.309(d)(1).
    (b) Except as provided in paragraph (c) of this section, no owner or 
operator shall cause to be discharged or allow to be discharged to the 
atmosphere, coke oven emissions from a by-product coke oven battery 
subject to the applicability requirements in Sec. 63.300(b) that exceed 
any of the following emission limitations:
    (1) 0.0 percent leaking coke oven doors, as determined by the 
procedures in Sec. 63.309(d)(1);
    (2) 0.0 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (3) 0.0 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (4) 34 seconds of visible emissions per charge, as determined by the 
procedures in Sec. 63.309(d)(2).
    (c) The emission limitations in paragraph (b) of this section do not 
apply to the owner or operator of a by-product coke oven battery that 
utilizes a new recovery technology, including but not limited to larger 
size ovens, operation under negative pressure, and processes with 
emission points different from those regulated under this subpart. An 
owner or operator constructing a new by-product coke oven battery or 
reconstructing an existing by-product recovery battery that utilizes a 
new recovery technology shall:
    (1) Notify the Administrator of the intention to do so, as required 
in Sec. 63.311(c); and
    (2) Submit, for the determination under section 112(g)(2)(B) of the 
Act, and as part of the application for permission to construct or 
reconstruct, all information and data requested by the Administrator for 
the determination of applicable emission limitations and requirements 
for that by-product coke oven battery.
    (d) Emission limitations and requirements applied to each coke oven 
battery utilizing a new recovery technology shall be less than the 
following emission limitations or shall result in an overall annual 
emissions rate for coke oven emissions for the battery that is lower 
than that obtained by the following emission limitations:
    (1) 4.0 percent leaking coke oven doors on tall by-product coke oven 
batteries, as determined by the procedures in Sec. 63.309(d)(1);
    (2) 3.3 percent leaking coke oven doors on short by-product coke 
oven batteries, as determined by the procedures in Sec. 63.309(d)(1);
    (3) 2.5 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1);
    (4) 0.4 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1); and
    (5) 12 seconds of visible emissions per charge, as determined by the 
procedures in Sec. 63.309(d)(2).



Sec. 63.303  Standards for nonrecovery coke oven batteries.

    (a) Except as provided in Sec. 63.304, on and after December 31, 
1995, no owner or operator shall cause to be discharged or allow to be 
discharged to the atmosphere coke oven emissions from each affected 
existing nonrecovery coke oven battery that exceed any of the following 
emission limitations or requirements:
    (1) For coke oven doors;
    (i) 0.0 percent leaking coke oven doors, as determined by the 
procedures in Sec. 63.309(d)(1); or
    (ii) The owner or operator shall monitor and record, once per day 
for each

[[Page 649]]

day of operation, the pressure in each oven or in a common battery 
tunnel to ensure that the ovens are operated under a negative pressure.
    (2) For charging operations, the owner or operator shall implement, 
for each day of operation, the work practices specified in 
Sec. 63.306(b)(6) and record the performance of the work practices as 
required in Sec. 63.306(b)(7).
    (b) No owner or operator shall cause to be discharged or allow to be 
discharged to the atmosphere coke oven emissions from each affected new 
nonrecovery coke oven battery subject to the applicability requirements 
in Sec. 63.300(b) that exceed any of the following emission limitations 
or requirements:
    (1) For coke oven doors;
    (i) 0.0 percent leaking coke oven doors, as determined by the 
procedures in Sec. 63.309(d)(1); or
    (ii) The owner or operator shall monitor and record, once per day 
for each day of operation, the pressure in each oven or in a common 
battery tunnel to ensure that the ovens are operated under a negative 
pressure;
    (2) For charging operations, the owner or operator shall install, 
operate, and maintain an emission control system for the capture and 
collection of emissions in a manner consistent with good air pollution 
control practices for minimizing emissions from the charging operation;
    (3) 0.0 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1) (if applicable to the new nonrecovery 
coke oven battery); and
    (4) 0.0 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1) (if applicable to the new nonrecovery 
coke oven battery).



Sec. 63.304  Standards for compliance date extension.

    (a) An owner or operator of an existing coke oven battery (including 
a cold-idle coke oven battery), a padup rebuild, or a brownfield coke 
oven battery, may elect an extension of the compliance date for emission 
limits to be promulgated pursuant to section 112(f) of the Act in 
accordance with section 112(i)(8). To receive an extension of the 
compliance date from January 1, 2003, until January 1, 2020, the owner 
or operator shall notify the Administrator as described in 
Sec. 63.311(c) that the battery will comply with the emission 
limitations and requirements in this section in lieu of the applicable 
emission limitations in Sec. 63.302 or 63.303.
    (b) Except as provided in paragraphs (b)(4), (b)(5), and (b)(7) of 
this section and in Sec. 63.305, on and after the dates specified in 
this paragraph, no owner or operator shall cause to be discharged or 
allow to be discharged to the atmosphere coke oven emissions from a by-
product coke oven battery that exceed any of the following emission 
limitations:
    (1) On and after November 15, 1993;
    (i) 7.0 percent leaking coke oven doors, as determined by the 
procedures in Sec. 63.309(d)(1);
    (ii) 0.83 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iii) 4.2 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (iv) 12 seconds of visible emissions per charge, as determined by 
the procedures in Sec. 63.309(d)(2).
    (2) On and after January 1, 1998;
    (i) For coke oven doors:
    (A) 4.3 percent leaking coke oven doors for each tall by-product 
coke oven battery and for each by-product coke oven battery owned or 
operated by a foundry coke producer, as determined by the procedures in 
Sec. 63.309(d)(1); and
    (B) 3.8 percent leaking coke oven doors on each by-product coke oven 
battery not subject to the emission limitation in paragraph (b)(2)(i)(A) 
of this section, as determined by the procedures in Sec. 63.309(d)(1);
    (ii) 0.4 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iii) 2.5 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (iv) 12 seconds of visible emissions per charge, as determined by 
the procedures in Sec. 63.309(d)(2).
    (3) On and after January 1, 2010, unless the Administrator 
promulgates more stringent limits pursuant to section 112(i)(8)(C) of 
the Act;

[[Page 650]]

    (i) 4.0 percent leaking coke oven doors on each tall by-product coke 
oven battery and for each by-product coke oven battery owned or operated 
by a foundry coke producer, as determined by the procedures in 
Sec. 63.309(d)(1); and
    (ii) 3.3 percent leaking coke oven doors for each by-product coke 
oven battery not subject to the emission limitation in paragraph 
(b)(3)(i) of this section, as determined by the procedures in 
Sec. 63.309(d)(1).
    (4) No owner or operator shall cause to be discharged or allow to be 
discharged to the atmosphere coke oven emissions from a brownfield or 
padup rebuild by-product coke oven battery, other than those specified 
in paragraph (b)(4)(v) of this section, that exceed any of the following 
emission limitations:
    (i) For coke oven doors;
    (A) 4.0 percent leaking coke oven doors for each tall by-product 
coke oven battery, as determined by the procedures in Sec. 63.309(d)(1); 
and
    (B) 3.3 percent leaking coke oven doors on each short by-product 
coke oven battery, as determined by the procedures in Sec. 63.309(d)(1);
    (ii) 0.4 percent leaking topside port lids, as determined by the 
procedures in Sec. 63.309(d)(1);
    (iii) 2.5 percent leaking offtake system(s), as determined by the 
procedures in Sec. 63.309(d)(1); and
    (iv) 12 seconds of visible emissions per charge, as determined by 
the procedures in Sec. 63.309(d)(2).
    (v) The requirements of paragraph (b)(4) of this section shall not 
apply and the requirements of paragraphs (b)(1), (b)(2), and (b)(3) of 
this section do apply to the following brownfield or padup rebuild coke 
oven batteries:
    (A) Bethlehem Steel-Burns Harbor, Battery No. 2;
    (B) National Steel-Great Lakes, Battery No. 4; and
    (C) Koppers-Woodward, Battery No. 3.
    (vi) To retain the exclusion provided in paragraph (b)(4)(v) of this 
section, a coke oven battery specified in paragraph (b)(4)(v) of this 
section shall commence construction not later than July 1, 1996, or 1 
year after obtaining a construction permit, whichever is earlier.
    (5) The owner or operator of a cold-idle coke oven battery that shut 
down on or after November 15, 1990, shall comply with the following 
emission limitations:
    (i) For a brownfield coke oven battery or a padup rebuild coke oven 
battery, coke oven emissions shall not exceed the emission limitations 
in paragraph (b)(4) of this section; and
    (ii) For a cold-idle battery other than a brownfield or padup 
rebuild coke oven battery, coke oven emissions shall not exceed the 
emission limitations in paragraphs (b)(1) through (b)(3) of this 
section.
    (6) The owner or operator of a cold-idle coke oven battery that shut 
down prior to November 15, 1990, shall submit a written request to the 
Administrator to include the battery in the design capacity of a coke 
plant as of November 15, 1990. A copy of the request shall also be sent 
to Director, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711. The 
Administrator will review and approve or disapprove a request according 
to the following procedures:
    (i) Requests will be reviewed for completeness in the order 
received. A complete request shall include:
    (A) Battery identification;
    (B) Design information, including the design capacity and number and 
size of ovens; and
    (C) A brief description of the owner or operator's plans for the 
cold-idle battery, including a statement whether construction of a padup 
rebuild or a brownfield coke oven battery is contemplated.
    (ii) A complete request shall be approved if the design capacity of 
the battery and the design capacity of all previous approvals does not 
exceed the capacity limit in paragraph (b)(6)(iii) of this section.
    (iii) The total nationwide coke capacity of coke oven batteries that 
receive approval under paragraph (b)(6) of this section shall not exceed 
2.7 million Mg/yr.
    (iv) If a construction permit is required, an approval shall lapse 
if a construction permit is not issued within 3 years of the approval 
date, or if the construction permit lapses.

[[Page 651]]

    (v) If a construction permit is not required, an approval will lapse 
if the battery is not restarted within 2 years of the approval date.

The owner or operator of a by-product coke oven battery with fewer than 
30 ovens may elect to comply with an emission limitation of 2 or fewer 
leaking coke oven doors, as determined by the procedures in 
Sec. 63.309(d)(4), as an alternative to the emission limitation for coke 
oven doors in paragraphs (b)(2)(i), (b)(3) (i) through (ii), (b)(4)(i), 
(b)(5), and (b)(6) of this section.

    (c) On and after November 15, 1993, no owner or operator shall cause 
to be discharged or allow to be discharged to the atmosphere coke oven 
emissions from an existing nonrecovery coke oven battery that exceed any 
of the emission limitations or requirements in Sec. 63.303(a).
    (d) Each owner or operator of an existing coke oven battery 
qualifying for a compliance date extension pursuant to this section 
shall make available, no later than January 1, 2000, to the surrounding 
communities the results of any risk assessment performed by the 
Administrator to determine the appropriate level of any emission 
standard established by the Administrator according to section 112(f) of 
the Act.



Sec. 63.305  Alternative standards for coke oven doors equipped with sheds.

    (a) The owner or operator of a new or existing coke oven battery 
equipped with a shed for the capture of coke oven emissions from coke 
oven doors and an emission control device for the collection of the 
emissions may comply with an alternative to the applicable visible 
emission limitations for coke oven doors in Secs. 63.302 and 63.304 
according to the procedures and requirements in this section.
    (b) To qualify for approval of an alternative standard, the owner or 
operator shall submit to the Administrator a test plan for the 
measurement of emissions. A copy of the request shall also be sent to 
the Director, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711. The 
plan shall describe the procedures to be used for the measurement of 
particulate matter; the parameters to be measured that affect the shed 
exhaust rate (e.g., damper settings, fan power) and the procedures for 
measuring such parameters; and if applicable under paragraph (c)(5)(ii) 
of this section, the procedures to be used for the measurement of 
benzene soluble organics, benzene, toluene, and xylene emitted from the 
control device for the shed. The owner or operator shall notify the 
Administrator at least 30 days before any performance test is conducted.
    (c) A complete test plan is deemed approved if no disapproval is 
received within 60 days of the submittal to the Administrator. After 
approval of the test plan, the owner or operator shall;
    (1) Determine the efficiency of the control device for removal of 
particulate matter by conducting measurements at the inlet and the 
outlet of the emission control device using Method 5 in appendix A to 
part 60 of this chapter, with the filter box operated at ambient 
temperature and in a manner to avoid condensation, with a backup filter;
    (2) Measure the visible emissions from coke oven doors that escape 
capture by the shed using Method 22 in appendix A to part 60 of this 
chapter. For the purpose of approval of an alternative standard, no 
visible emissions may escape capture from the shed.
    (i) Visible emission observations shall be taken during conditions 
representative of normal operations, except that pushing shall be 
suspended and pushing emissions shall have cleared the shed; and
    (ii) Method 22 observations shall be performed by an observer 
certified according to the requirements of Method 9 in appendix A to 
part 60 of this chapter. The observer shall allow pushing emissions to 
be evacuated (typically 1 to 2 minutes) before making observations;
    (3) Measure the opacity of emissions from the control device using 
Method 9 in appendix A to part 60 of this chapter during conditions 
representative of normal operations, including pushing; and
    (i) If the control device has multiple stacks, the owner or operator 
shall use an evaluation based on visible emissions and opacity to select 
the stack

[[Page 652]]

with the highest opacity for testing under this section;
    (ii) The highest opacity, expressed as a 6-minute average, shall be 
used as the opacity standard for the control device.
    (4) Thoroughly inspect all compartments of each air cleaning device 
prior to the performance test for proper operation and for changes that 
signal the potential for malfunction, including the presence of tears, 
holes, and abrasions in filter bags; damaged seals; and for dust 
deposits on the clean side of bags; and
    (5) Determine the allowable percent leaking doors under the shed 
using either of the following procedures:
    (i) Calculate the allowable percent leaking doors using the 
following equation:

[GRAPHIC] [TIFF OMITTED] TR27OC93.000

where
    PLD=Allowable percent leaking doors for alternative standard.
    PLDstd=Applicable visible emission limitation of percent 
leaking doors under this subpart that would otherwise apply to the coke 
oven battery, converted to the single-run limit according to Table 1.
    eff=Percent control efficiency for particulate matter for emission 
control device as determined according to paragraph (c)(1) of this 
section.

                 Table 1--Conversion to Single-Run Limit                
------------------------------------------------------------------------
                                                                 Single-
                                                                  pass  
                                                                  limit 
                         30-run limit                              (98  
                                                                 percent
                                                                 level) 
------------------------------------------------------------------------
7.0...........................................................      11.0
6.0...........................................................       9.5
5.5...........................................................       8.7
5.0...........................................................       8.1
4.3...........................................................       7.2
4.0...........................................................       6.7
3.8...........................................................       6.4
3.3...........................................................       5.8
------------------------------------------------------------------------


or;
    (ii) Calculate the allowable percent leaking doors using the 
following procedures:
    (A) Measure the total emission rate of benzene, toluene, and xylene 
exiting the control device using Method 18 in appendix A to part 60 of 
this chapter and the emission rate of benzene soluble organics entering 
the control device as described in the test plan submitted pursuant to 
paragraph (b) of this section; or
    (B) Measure benzene, toluene, xylene, and benzene soluble organics 
in the gas in the collector main as described in the test plan submitted 
pursuant to paragraph (b) of this section; and
    (C) Calculate the ratio (R) of benzene, toluene, and xylene to 
benzene soluble organics for the gas in the collector main, or as the 
sum of the outlet emission rates of benzene, toluene, and xylene, 
divided by the emission rate of benzene soluble organics as measured at 
the inlet to the control device; and
    (D) Calculate the allowable percent leaking doors limit under the 
shed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR27OC93.001

where
    R=Ratio of measured emissions of benzene, toluene, and xylene to 
measured emissions of benzene soluble organics.

    (iii) If the allowable percent leaking coke oven doors is calculated 
to exceed 15 percent leaking coke oven doors under paragraphs (c)(5)(i) 
or (c)(5)(ii) of this section, the owner or operator shall use 15 
percent leaking coke oven doors for the purposes of this section.
    (6) Monitor the parameters that affect the shed exhaust flow rate.
    (7) The owner or operator may request alternative sampling 
procedures to those specified in paragraph (c)(5)(ii) (A) and (B) of 
this section by submitting details on the procedures and the rationale 
for their use to the Administrator. Alternative procedures shall not be 
used without approval from the Administrator.
    (8) The owner or operator shall inform the Administrator of the 
schedule for conducting testing under the approved test plan and give 
the Administrator the opportunity to observe the tests.
    (d) After calculating the alternative standard for allowable percent 
leaking

[[Page 653]]

coke oven doors, the owner or operator shall submit the following 
information to the Administrator:
    (1) Identity of the coke oven battery;
    (2) Visible emission limitation(s) for percent leaking doors 
currently applicable to the coke oven battery under this subpart and 
known future limitations for percent leaking coke oven doors;
    (3) A written report including:
    (i) Appropriate measurements and calculations used to derive the 
allowable percent leaking coke oven doors requested as the alternative 
standard;
    (ii) Appropriate visible emission observations for the shed and 
opacity observations for the control device for the shed, including an 
alternative opacity standard, if applicable, as described in paragraph 
(c)(3) of this section based on the highest 6-minute average; and
    (iii) The parameter or parameters (e.g., fan power, damper position, 
or other) to be monitored and recorded to demonstrate that the exhaust 
flow rate measured during the test required by paragraph (c)(1) of this 
section is maintained, and the monitoring plan for such parameter(s).
    (iv) If the application is for a new shed, one of the following 
demonstrations:
    (A) A demonstration, using modeling procedures acceptable to the 
Administrator, that the expected concentrations of particulate emissions 
(including benzene soluble organics) under the shed at the bench level, 
when the proposed alternative standard was being met, would not exceed 
the expected concentrations of particulate emissions (including benzene 
soluble organics) if the shed were not present, the regulations under 
this subpart were met, and the battery was in compliance with federally 
enforceable limitations on pushing emissions; or
    (B) A demonstration that the shed (including the evacuation system) 
has been designed in accordance with generally accepted engineering 
principles for the effective capture and control of particulate 
emissions (including benzene soluble organics) as measured at the shed's 
perimeter, its control device, and at the bench level.
    (e) The Administrator will review the information and data submitted 
according to paragraph (d) of this section and may request additional 
information and data within 60 days of receipt of a complete request.
    (1) Except for applications subject to paragraph (e)(3) of this 
section, the Administrator shall approve or disapprove an alternative 
standard as expeditiously as practicable. The Administrator shall 
approve an alternative standard, unless the Administrator determines 
that the approved test plan has not been followed, or any required 
calculations are incorrect, or any demonstration required under 
paragraph (d)(3)(iv) of this section does not satisfy the applicable 
criteria under that paragraph. If the alternative standard is 
disapproved, the Administrator will issue a written notification to the 
owner or operator within the 60-day period.
    (2) The owner or operator shall comply with the applicable visible 
emission limitation for coke oven doors and all other requirements in 
this subpart prior to approval of an alternative standard. The owner or 
operator may apply for an alternative standard at any time after 
December 4, 1992.
    (3) An application for an alternative standard to the standard in 
Sec. 63.304(b)(1)(i) for any shed that is not a new shed that is filed 
on or before June 15, 1993, is deemed approved if a notice of 
disapproval has not been received 60 days after submission of a complete 
request. An approval under paragraph (e)(3) of this section shall be 
valid for a period of 1 year.
    (4) Notwithstanding the provisions of paragraph (e) of this section, 
no alternative standard shall be approved that exceeds 15 percent 
leaking coke oven doors (yard equivalent).
    (f) After approval of an alternative standard, the owner or operator 
shall comply with the following requirements:
    (1) The owner or operator shall not discharge or allow to be 
discharged to the atmosphere coke oven emissions from coke oven doors 
under sheds that exceed an approved alternative standard for percent 
leaking coke oven doors under sheds.

[[Page 654]]

    (i) All visible emission observations for compliance determinations 
shall be performed by a certified observer.
    (ii) Compliance with the alternative standard for doors shall be 
determined by a weekly performance test conducted according to the 
procedures and requirements in Sec. 63.309(d)(5) and Method 303 in 
appendix A to this part.
    (iii) If the visible emission limitation is achieved for 12 
consecutive observations, compliance shall be determined by monthly 
rather than weekly performance tests. If any exceedance occurs during a 
performance test, weekly performance tests shall be resumed.
    (iv) Observations taken at times other than those specified in 
paragraphs (f)(1)(ii) and (f)(1)(iii) of this section shall be subject 
to the provisions of Sec. 63.309(f).
    (2) The certified observer shall monitor the visible coke oven 
emissions escaping capture by the shed on a weekly basis. The provision 
in paragraph (f)(6) of this section is applicable if visible coke oven 
emissions are observed during periods when pushing emissions have 
cleared the shed.
    (3) The owner or operator shall not discharge or allow to be 
discharged to the atmosphere any visible emissions from the shed's 
control device exhibiting more than 0 percent opacity unless an 
alternative limit has been approved under paragraph (e) of this section.
    (4) The opacity of emissions from the control device for the shed 
shall be monitored in accordance with the requirements of either 
paragraph (f)(4)(i) or (f)(4)(ii) of this section, at the election of 
the owner or operator.
    (i) The owner or operator shall install, operate, and maintain a 
continuous opacity monitor, and record the output of the system, for the 
measurement of the opacity of emissions discharged from the emission 
control system.
    (A) Each continuous opacity monitoring system shall meet the 
requirements of Performance Specification 1 in appendix B to part 60 of 
this chapter; and
    (B) Each continuous opacity monitoring system shall be operated, 
calibrated, and maintained according to the procedures and requirements 
specified in part 52 of this chapter; or
    (ii) A certified observer shall monitor and record at least once 
each day during daylight hours, opacity observations for the control 
device for the shed using Method 9 in appendix A to part 60 of this 
chapter.
    (5) The owner or operator shall visually inspect the structural 
integrity of the shed at least once a quarter for defects, such as 
deterioration of sheet metal (e.g., holes in the shed), that may allow 
the escape of visible emissions.
    (i) The owner or operator shall record the time and date a defect is 
first observed, the time and date the defect is corrected or repaired, 
and a brief description of repairs or corrective actions taken;
    (ii) The owner or operator shall temporarily repair the defect as 
soon as possible, but no later than 5 days after detection of the 
defect;
    (iii) Unless a major repair is required, the owner or operator shall 
perform a complete repair of the defect within 15 days of detection of 
the defect. If a major repair is required (e.g., replacement of large 
sections of the shed), the owner or operator shall submit a repair 
schedule to the enforcement agency.
    (6) If the no visible emission limit for the shed specified in 
paragraph (f)(2) of this section is exceeded, the Administrator may 
require another test for the shed according to the approved test plan as 
specified in paragraph (c) of this section. If the certified observer 
observes visible coke oven emissions from the shed, except during 
periods of pushing or when pushing emissions have not cleared the shed, 
the owner or operator shall check to ensure that the shed and control 
device are working properly.
    (7) The owner or operator shall monitor the parameter(s) affecting 
shed exhaust flow rate, and record data, in accordance with the approved 
monitoring plan for these parameters.
    (8) The owner or operator shall not operate the exhaust system of 
the shed at an exhaust flow rate lower than that measured during the 
test required under paragraph (c)(1) of this section, as indicated by 
the monitored parameters.
    (g) Each side of a battery subject to an alternative standard for 
doors under

[[Page 655]]

this section shall be treated separately for purposes of Secs. 63.306(c) 
(plan implementation) and 63.306(d) (plan revisions) of this subpart. In 
making determinations under these provisions for the side of the battery 
subject to an alternative standard, the requirement that exceedances be 
independent shall not apply. During any period when work practices for 
doors for both sides of the battery are required to be implemented, 
Sec. 63.306(a)(3) shall apply in the same manner as if the provisions of 
a plan for a single emissions point were required to be implemented. 
Exceedances of the alternative standard for percent leaking doors under 
a shed is the only provision in this section implicating implementation 
of work practice requirements.
    (h) Multiple exceedances of the visible emission limitation for door 
leaks and/or the provisions of an alternative standard under this 
section for door leaks at a battery on a single day shall be considered 
a single violation.



Sec. 63.306  Work practice standards.

    (a) Work practice plan. On or before November 15, 1993, each owner 
or operator shall prepare and submit to the Administrator a written 
emission control work practice plan for each coke oven battery. The plan 
shall be designed to achieve compliance with visible emission 
limitations for coke oven doors, topside port lids, offtake systems, and 
charging operations under this subpart or, for a coke oven battery not 
subject to visible emission limitations under this subpart, other 
federally enforceable visible emission limitations for these emission 
points.
    (1) The work practice plan must address each of the topics specified 
in paragraph (b) of this section in sufficient detail and with 
sufficient specificity to allow the Administrator to evaluate the plan 
for completeness and enforceability.
    (2) The Administrator may require revisions to the initial plan only 
where the Administrator finds either that the plan does not address each 
subject area listed in paragraph (b) of this section for each emission 
point subject to a visible emission standard under this subpart, or that 
the plan is unenforceable because it contains requirements that are 
unclear.
    (3) During any period of time that an owner or operator is required 
to implement the provisions of a plan for a particular emission point, 
the failure to implement one or more obligations under the plan and/or 
any recordkeeping requirement(s) under Sec. 63.311(f)(4) for the 
emission point during a particular day is a single violation.
    (b) Plan components. The owner or operator shall organize the work 
practice plan to indicate clearly which parts of the plan pertain to 
each emission point subject to visible emission standards under this 
subpart. Each of the following provisions, at a minimum, shall be 
addressed in the plan:
    (1) An initial and refresher training program for all coke plant 
operating personnel with responsibilities that impact emissions, 
including contractors, in job requirements related to emission control 
and the requirements of this subpart, including work practice 
requirements. Contractors with responsibilities that impact emission 
control may be trained by the owner or operator or by qualified 
contractor personnel; however, the owner or operator shall ensure that 
the contractor training program complies with the requirements of this 
section. The training program in the plan must include:
    (i) A list, by job title, of all personnel that are required to be 
trained and the emission point(s) associated with each job title;
    (ii) An outline of the subjects to be covered in the initial and 
refresher training for each group of personnel;
    (iii) A description of the training method(s) that will be used 
(e.g., lecture, video tape);
    (iv) A statement of the duration of initial training and the 
duration and frequency of refresher training;
    (v) A description of the methods to be used at the completion of 
initial or refresher training to demonstrate and document successful 
completion of the initial and refresher training; and
    (vi) A description of the procedure to be used to document 
performance of plan requirements pertaining to daily operation of the 
coke oven battery and

[[Page 656]]

its emission control equipment, including a copy of the form to be used, 
if applicable, as required under the plan provisions implementing 
paragraph (b)(7) of this section.
    (2) Procedures for controlling emissions from coke oven doors on by-
product coke oven batteries, including:
    (i) A program for the inspection, adjustment, repair, and 
replacement of coke oven doors and jambs, and any other equipment for 
controlling emissions from coke oven doors, including a defined 
frequency of inspections, the method to be used to evaluate conformance 
with operating specifications for each type of equipment, and the method 
to be used to audit the effectiveness of the inspection and repair 
program for preventing exceedances;
    (ii) Procedures for identifying leaks that indicate a failure of the 
emissions control equipment to function properly, including a clearly 
defined chain of command for communicating information on leaks and 
procedures for corrective action;
    (iii) Procedures for cleaning all sealing surfaces of each door and 
jamb, including identification of the equipment that will be used and a 
specified schedule or frequency for the cleaning of sealing surfaces;
    (iv) For batteries equipped with self-sealing doors, procedures for 
use of supplemental gasketing and luting materials, if the owner or 
operator elects to use such procedures as part of the program to prevent 
exceedances;
    (v) For batteries equipped with hand-luted doors, procedures for 
luting and reluting, as necessary to prevent exceedances;
    (vi) Procedures for maintaining an adequate inventory of the number 
of spare coke oven doors and jambs located onsite; and
    (vii) Procedures for monitoring and controlling collecting main back 
pressure, including corrective action if pressure control problems 
occur.
    (3) Procedures for controlling emissions from charging operations on 
by-product coke oven batteries, including:
    (i) Procedures for equipment inspection, including the frequency of 
inspections, and replacement or repair of equipment for controlling 
emissions from charging, the method to be used to evaluate conformance 
with operating specifications for each type of equipment, and the method 
to be used to audit the effectiveness of the inspection and repair 
program for preventing exceedances;
    (ii) Procedures for ensuring that the larry car hoppers are filled 
properly with coal;
    (iii) Procedures for the alignment of the larry car over the oven to 
be charged;
    (iv) Procedures for filling the oven (e.g., procedures for staged or 
sequential charging);
    (v) Procedures for ensuring that the coal is leveled properly in the 
oven; and
    (vi) Procedures and schedules for inspection and cleaning of offtake 
systems (including standpipes, standpipe caps, goosenecks, dampers, and 
mains), oven roofs, charging holes, topside port lids, the steam supply 
system, and liquor sprays.
    (4) Procedures for controlling emissions from topside port lids on 
by-product coke oven batteries, including:
    (i) Procedures for equipment inspection and replacement or repair of 
topside port lids and port lid mating and sealing surfaces, including 
the frequency of inspections, the method to be used to evaluate 
conformance with operating specifications for each type of equipment, 
and the method to be used to audit the effectiveness of the inspection 
and repair program for preventing exceedances; and
    (ii) Procedures for sealing topside port lids after charging, for 
identifying topside port lids that leak, and procedures for resealing.
    (5) Procedures for controlling emissions from offtake system(s) on 
by-product coke oven batteries, including:
    (i) Procedures for equipment inspection and replacement or repair of 
offtake system components, including the frequency of inspections, the 
method to be used to evaluate conformance with operating specifications 
for each type of equipment, and the method to be used to audit the 
effectiveness of the inspection and repair program for preventing 
exceedances;

[[Page 657]]

    (ii) Procedures for identifying offtake system components that leak 
and procedures for sealing leaks that are detected; and
    (iii) Procedures for dampering off ovens prior to a push.
    (6) Procedures for controlling emissions from nonrecovery coke oven 
batteries including:
    (i) Procedures for charging coal into the oven, including any 
special procedures for minimizing air infiltration during charging, 
maximizing the draft on the oven, and for replacing the door promptly 
after charging;
    (ii) If applicable, procedures for the capture and control of 
charging emissions;
    (iii) Procedures for cleaning coke from the door sill area for both 
sides of the battery after completing the pushing operation and before 
replacing the coke oven door;
    (iv) Procedures for cleaning coal from the door sill area after 
charging and before replacing the push side door;
    (v) Procedures for filling gaps around the door perimeter with 
sealant material, if applicable; and
    (vi) Procedures for detecting and controlling emissions from 
smoldering coal.
    (7) Procedures for maintaining, for each emission point subject to 
visible emission limitations under this subpart, a daily record of the 
performance of plan requirements pertaining to the daily operation of 
the coke oven battery and its emission control equipment, including:
    (i) Procedures for recording the performance of such plan 
requirements; and
    (ii) Procedures for certifying the accuracy of such records by the 
owner or operator.
    (8) Any additional work practices or requirements specified by the 
Administrator according to paragraph (d) of this section.
    (c) Implementation of work practice plans. On and after November 15, 
1993, the owner or operator of a coke oven battery shall implement the 
provisions of the coke oven emission control work practice plan 
according to the following requirements:
    (1) The owner or operator of a coke oven battery subject to visible 
emission limitations under this subpart on and after November 15, 1993, 
shall:
    (i) Implement the provisions of the work practice plan pertaining to 
a particular emission point following the second independent exceedance 
of the visible emission limitation for the emission point in any 
consecutive 6-month period, by no later than 3 days after receipt of 
written notification of the second such exceedance from the certified 
observer. For the purpose of this paragraph (c)(1)(i), the second 
exceedance is ``independent'' if either of the following criteria is 
met:
    (A) The second exceedance occurs 30 days or more after the first 
exceedance;
    (B) In the case of coke oven doors, topside port lids, and offtake 
systems, the 29-run average, calculated by excluding the highest value 
in the 30-day period, exceeds the value of the applicable emission 
limitation; or
    (C) In the case of charging emissions, the 29-day logarithmic 
average, calculated in accordance with Method 303 in appendix A to this 
part by excluding the valid daily set of observations in the 30-day 
period that had the highest arithmetic average, exceeds the value of the 
applicable emission limitation.
    (ii) Continue to implement such plan provisions until the visible 
emission limitation for the emission point is achieved for 90 
consecutive days if work practice requirements are implemented pursuant 
to paragraph (c)(1)(i) of this section. After the visible emission 
limitation for a particular emission point is achieved for 90 
consecutive days, any exceedances prior to the beginning of the 90 days 
are not included in making a determination under paragraph (c)(1)(i) of 
this section.
    (2) The owner or operator of a coke oven battery not subject to 
visible emission limitations under this subpart until December 31, 1995, 
shall:
    (i) Implement the provisions of the work practice plan pertaining to 
a particular emission point following the second exceedance in any 
consecutive 6-month period of a federally enforceable emission 
limitation for that emission point for coke oven doors, topside port 
lids, offtake systems, or charging operations by no later than 3 days 
after

[[Page 658]]

receipt of written notification from the applicable enforcement agency; 
and
    (ii) Continue to implement such plan provisions for 90 consecutive 
days after the most recent written notification from the enforcement 
agency of an exceedance of the visible emission limitation.
    (d) Revisions to plan. Revisions to the work practice emission 
control plan will be governed by the provisions in this paragraph (d) 
and in paragraph (a)(2) of this section.
    (1) The Administrator may request the owner or operator to review 
and revise as needed the work practice emission control plan for a 
particular emission point if there are 2 exceedances of the applicable 
visible emission limitation in the 6-month period that starts 30 days 
after the owner or operator is required to implement work practices 
under paragraph (c) of this section. In the case of a coke oven battery 
subject to visual emission limitations under this subpart, the second 
exceedance must be independent under the criteria in paragraph (c)(1)(i) 
of this section.
    (2) The Administrator may not request the owner or operator to 
review and revise the plan more than twice in any 12 consecutive month 
period for any particular emission point unless the Administrator 
disapproves the plan according to the provisions in paragraph (d)(6) of 
this section.
    (3) If the certified observer calculates that a second exceedance 
(or, if applicable, a second independent exceedance) has occurred, the 
certified observer shall notify the owner or operator. No later than 10 
days after receipt of such a notification, the owner or operator shall 
notify the Administrator of any finding of whether work practices are 
related to the cause or the solution of the problem. This notification 
is subject to review by the Administrator according to the provisions in 
paragraph (d)(6) of this section.
    (4) The owner or operator shall submit a revised work practice plan 
within 60 days of notification from the Administrator under paragraph 
(d)(1) of this section, unless the Administrator grants an extension of 
time to submit the revised plan.
    (5) If the Administrator requires a plan revision, the Administrator 
may require the plan to address a subject area or areas in addition to 
those in paragraph (b) of this section, if the Administrator determines 
that without plan coverage of such an additional subject area, there is 
a reasonable probability of further exceedances of the visible emission 
limitation for the emission point for which a plan revision is required.
    (6) The Administrator may disapprove a plan revision required under 
paragraph (d) of this section if the Administrator determines that the 
revised plan is inadequate to prevent exceedances of the visible 
emission limitation under this subpart for the emission point for which 
a plan revision is required or, in the case of a battery not subject to 
visual emission limitations under this subpart, other federally 
enforceable emission limitations for such emission point. The 
Administrator may also disapprove the finding that may be submitted 
pursuant to paragraph (d)(3) of this section if the Administrator 
determines that a revised plan is needed to prevent exceedances of the 
applicable visible emission limitations.



Sec. 63.307  Standards for bypass/bleeder stacks.

    (a)(1) Except as otherwise provided in this section, on or before 
March 31, 1994, the owner or operator of an existing by-product recovery 
battery for which a notification was not submitted under paragraph 
(e)(1) of this section shall install a bypass/bleeder stack flare system 
that is capable of controlling 120 percent of the normal gas flow 
generated by the battery, which shall thereafter be operated and 
maintained.
    (2) Coke oven emissions shall not be vented to the atmosphere 
through bypass/bleeder stacks, except through the flare system or the 
alternative control device as described in paragraph (d) of this 
section.
    (3) The owner or operator of a brownfield coke oven battery or a 
padup rebuild shall install such a flare system before startup, and 
shall properly operate and maintain the flare system.
    (b) Each flare installed pursuant to this section shall meet the 
following requirements:

[[Page 659]]

    (1) Each flare shall be designed for a net heating value of 8.9 MJ/
scm (240 Btu/scf) if a flare is steam-assisted or air-assisted, or a net 
value of 7.45 MJ/scm (200 Btu/scf) if the flare is non-assisted.
    (2) Each flare shall have either a continuously operable pilot flame 
or an electronic igniter that meets the requirements of paragraphs 
(b)(3) and (b)(4) of this section.
    (3) Each electronic igniter shall meet the following requirements:
    (i) Each flare shall be equipped with at least two igniter plugs 
with redundant igniter transformers;
    (ii) The ignition units shall be designed failsafe with respect to 
flame detection thermocouples (i.e., any flame detection thermocouples 
are used only to indicate the presence of a flame, are not interlocked 
with the ignition unit, and cannot deactivate the ignition system); and
    (iii) Integral battery backup shall be provided to maintain active 
ignition operation for a minimum of 15 minutes during a power failure.
    (iv) Each electronic igniter shall be operated to initiate ignition 
when the bleeder valve is not fully closed as indicated by an ``OPEN'' 
limit switch.
    (4) Each flare installed to meet the requirements of this paragraph 
(b) that does not have an electronic igniter shall be operated with a 
pilot flame present at all times as determined by Sec. 63.309(h)(2).
    (c) Each flare installed to meet the requirements of this section 
shall be operated with no visible emissions, as determined by the 
methods specified in Sec. 63.309(h)(1), except for periods not to exceed 
a total of 5 minutes during any 2 consecutive hours.
    (d) As an alternative to the installation, operation, and 
maintenance of a flare system as required in paragraph (a) of this 
section, the owner or operator may petition the Administrator for 
approval of an alternative control device or system that achieves at 
least 98 percent destruction or control of coke oven emissions vented to 
the alternative control device or system.
    (e) The owner or operator of a by-product coke oven battery is 
exempt from the requirements of this section if the owner or operator:
    (1) Submits to the Administrator, no later than November 10, 1993, a 
formal commitment to close the battery permanently; and
    (2) Closes the battery permanently no later than December 31, 1995. 
In no case may the owner or operator continue to operate a battery for 
which a closure commitment is submitted, past December 31, 1995.
    (f) Any emissions resulting from the installation of flares (or 
other pollution control devices or systems approved pursuant to 
paragraph (d) of this section) shall not be used in making new source 
review determinations under part C and part D of title I of the Act.



Sec. 63.308  Standards for collecting mains.

    (a) On and after November 15, 1993, the owner or operator of a by-
product coke oven battery shall inspect the collecting main for leaks at 
least once daily according to the procedures in Method 303 in appendix A 
to this part.
    (b) The owner or operator shall record the time and date a leak is 
first observed, the time and date the leak is temporarily sealed, and 
the time and date of repair.
    (c) The owner or operator shall temporarily seal any leak in the 
collecting main as soon as possible after detection, but no later than 4 
hours after detection of the leak.
    (d) The owner or operator shall initiate a collecting main repair as 
expeditiously as possible, but no later than 5 calendar days after 
initial detection of the leak. The repair shall be completed within 15 
calendar days after initial detection of the leak unless an alternative 
schedule is approved by the Administrator.



Sec. 63.309  Performance tests and procedures.

    (a) Except as otherwise provided, a daily performance test shall be 
conducted each day, 7 days per week for each new and existing coke oven 
battery, the results of which shall be used in accordance with 
procedures specified in this subpart to determine compliance with each 
of the applicable visible emission limitations for coke oven

[[Page 660]]

doors, topside port lids, offtake systems, and charging operations in 
this subpart. If a facility pushes and charges only at night, then that 
facility must, at its option, change their schedule and charge during 
daylight hours or provide adequate lighting so that visible emission 
inspections can be made at night. ``Adequate lighting'' will be 
determined by the enforcement agency.
    (1) Each performance test is to be conducted according to the 
procedures and requirements in this section and in Method 303 or 303A in 
appendix A to this part or Methods 9 and 22 in appendix A to part 60 of 
this chapter (where applicable).
    (2) Each performance test is to be conducted by a certified 
observer.
    (3) The certified observer shall complete any reasonable safety 
training program offered by the owner or operator prior to conducting 
any performance test at a coke oven battery.
    (4) Except as otherwise provided in paragraph (a)(5) of this 
section, the owner or operator shall pay an inspection fee to the 
enforcement agency each calendar quarter to defray the costs of the 
daily performance tests required under paragraph (a) of this section.
    (i) The inspection fee shall be determined according to the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR27OC93.002

where
    F=Fees to be paid by owner or operator.
    H=Total person hours for inspections: 4 hours for 1 coke oven 
battery, 6.25 hours for 2 coke oven batteries, 8.25 hours for 3 coke 
oven batteries. For more than 3 coke oven batteries, use these hours to 
calculate the appropriate estimate of person hours.
    S=Current average hourly rate for private visible emission 
inspectors in the relevant market.

    (ii) The enforcement agency may revise the value for H in equation 3 
within 3 years after October 27, 1993 to reflect the amount of time 
actually required to conduct the inspections required under paragraph 
(a) of this section.
    (iii) The owner or operator shall not be required to pay an 
inspection fee (or any part thereof) under paragraph (a)(4) of this 
section, for any monitoring or inspection services required by paragraph 
(a) of this section that the owner or operator can demonstrate are 
covered by other fees collected by the enforcement agency.
    (iv) Upon request, the enforcement agency shall provide the owner or 
operator information concerning the inspection services covered by any 
other fees collected by the enforcement agency, and any information 
relied upon under paragraph (a)(4)(ii) of this section.
    (5)(i) The EPA shall be the enforcement agency during any period of 
time that a delegation of enforcement authority is not in effect or a 
withdrawal of enforcement authority under Sec. 63.313 is in effect, and 
the Administrator is responsible for performing the inspections required 
by this section, pursuant to Sec. 63.313(b).
    (ii) Within thirty (30) days of receiving notification from the 
Administrator that the EPA is the enforcement agency for a coke oven 
battery, the owner or operator shall enter into a contract providing for 
the inspections and performance tests required under this section to be 
performed by a Method 303 certified observer. The inspections and 
performance tests will be conducted at the expense of the owner or 
operator, during the period that the EPA is the implementing agency.
    (b) The enforcement agency shall commence daily performance tests on 
the applicable date specified in Sec. 63.300 (a) or (c).
    (c) The certified observer shall conduct each performance test 
according to the requirements in this paragraph:
    (1) The certified observer shall conduct one run each day to observe 
and record visible emissions from each coke oven door (except for doors 
covered by an alternative standard under Sec. 63.305), topside port lid, 
and offtake system on each coke oven battery. The certified observer 
also shall conduct five runs to observe and record the seconds of 
visible emissions per charge for five consecutive charges from each coke 
oven battery. The observer may perform additional runs as needed to

[[Page 661]]

obtain and record a visible emissions value (or set of values) for an 
emission point that is valid under Method 303 or Method 303A in appendix 
A to this part. Observations from fewer than five consecutive charges 
shall constitute a valid set of charging observations only in accordance 
with the procedures and conditions specified in sections 3.8 and 3.9 of 
Method 303 in appendix A to this part.
    (2) If a valid visible emissions value (or set of values) is not 
obtained for a performance test, there is no compliance determination 
for that day. Compliance determinations will resume on the next day that 
a valid visible emissions value (or set of values) is obtained.
    (3) After each performance test for a by-product coke oven battery, 
the certified observer shall check and record the collecting main 
pressure according to the procedures in section 6.3 of Method 303 in 
appendix A to this part.
    (i) The owner or operator shall demonstrate pursuant to Method 303 
in appendix A to this part the accuracy of the pressure measurement 
device upon request of the certified observer;
    (ii) The owner or operator shall not adjust the pressure to a level 
below the range of normal operation during or prior to the inspection;
    (4) The certified observer shall monitor visible emissions from coke 
oven doors subject to an alternative standard under Sec. 63.305 on the 
schedule specified in Sec. 63.305(f).
    (5) If applicable, the certified observer shall monitor the opacity 
of any emissions escaping the control device for a shed covering doors 
subject to an alternative standard under Sec. 63.305 on the schedule 
specified in Sec. 63.305(f).
    (6) In no case shall the owner or operator knowingly block a coke 
oven door, or any portion of a door for the purpose of concealing 
emissions or preventing observations by the certified observer.
    (d) Using the observations obtained from each performance test, the 
enforcement agency shall compute and record, in accordance with the 
procedures and requirements of Method 303 or 303A in appendix A to this 
part, for each day of operations on which a valid emissions value (or 
set of values) is obtained:
    (1) The 30-run rolling average of the percent leaking coke oven 
doors, topside port lids, and offtake systems on each coke oven battery, 
using the equations in sections 4.5.3.2, 5.6.5.2, and 5.6.6.2 of Method 
303 (or section 3.4.3.2 of Method 303A) in appendix A to this part;
    (2) For by-product coke oven battery charging operations, the 
logarithmic 30-day rolling average of the seconds of visible emissions 
per charge for each battery, using the equation in section 3.9 of Method 
303 in appendix A to this part;
    (3) For a battery subject to an alternative emission limitation for 
coke oven doors on by-product coke oven batteries pursuant to 
Sec. 63.305, the 30-run rolling average of the percent leaking coke oven 
doors for any side of the battery not subject to such alternative 
emission limitation;
    (4) For a by-product coke oven battery subject to the small battery 
emission limitation for coke oven doors pursuant to Sec. 63.304(b)(7), 
the 30-run rolling average of the number of leaking coke oven doors;
    (5) For an approved alternative emission limitation for coke oven 
doors according to Sec. 63.305, the weekly or monthly observation of the 
percent leaking coke oven doors using Method 303 in appendix A to this 
part, the percent opacity of visible emissions from the control device 
for the shed using Method 9 in appendix A to part 60 of this chapter, 
and visible emissions from the shed using Method 22 in appendix A to 
part 60 of this chapter;
    (e) The certified observer shall make available to the implementing 
agency as well as to the owner or operator, a copy of the daily 
inspection results by the end of the day and shall make available the 
calculated rolling average for each emission point to the owner or 
operator as soon as practicable following each performance test. The 
information provided by the certified observer is not a compliance 
determination. For the purpose of notifying an owner or operator of the 
results obtained by a certified observer, the person does not have to be 
certified.
    (f) Compliance shall not be determined more often than the schedule

[[Page 662]]

provided for performance tests under this section. If additional valid 
emissions observations are obtained (or in the case of charging, valid 
sets of emission observations), the arithmetic average of all valid 
values (or valid sets of values) obtained during the day shall be used 
in any computations performed to determine compliance under paragraph 
(d) of this section or determinations under Sec. 63.306.
    (g) Compliance with the alternative standards for nonrecovery coke 
oven batteries in Sec. 63.303; shed inspection, maintenance 
requirements, and monitoring requirements for parameters affecting the 
shed exhaust flow rate for batteries subject to alternative standards 
for coke oven doors under Sec. 63.305; work practice emission control 
plan requirements in Sec. 63.306; standards for bypass/bleeder stacks in 
Sec. 63.307; and standards for collecting mains in Sec. 63.308 is to be 
determined by the enforcement agency based on review of records and 
inspections.
    (h) For a flare installed to meet the requirements of 
Sec. 63.307(b):
    (1) Compliance with the provisions in Sec. 63.307(c) (visible 
emissions from flares) shall be determined using Method 22 in appendix A 
to part 60 of this chapter, with an observation period of 2 hours; and
    (2) Compliance with the provisions in Sec. 63.307(b)(4) (flare pilot 
light) shall be determined using a thermocouple or any other equivalent 
device.
    (i) No observations obtained during any program for training or for 
certifying observers under this subpart shall be used to determine 
compliance with the requirements of this subpart or any other federally 
enforceable standard.



Sec. 63.310  Requirements for startups, shutdowns, and malfunctions.

    (a) At all times including periods of startup, shutdown, and 
malfunction, the owner or operator shall operate and maintain the coke 
oven battery and its pollution control equipment required under this 
subpart, in a manner consistent with good air pollution control 
practices for minimizing emissions to the levels required by any 
applicable performance standards under this subpart. Failure to adhere 
to the requirement of this paragraph shall not constitute a separate 
violation if a violation of an applicable performance or work practice 
standard has also occurred.
    (b) Each owner or operator of a coke oven battery shall develop and 
implement according to paragraph (c) of this section, a written startup, 
shutdown, and malfunction plan that describes procedures for operating 
the battery, including associated air pollution control equipment, 
during a period of a startup, shutdown, or malfunction in a manner 
consistent with good air pollution control practices for minimizing 
emissions, and procedures for correcting malfunctioning process and air 
pollution control equipment as quickly as practicable.
    (c) During a period of startup, shutdown, or malfunction:
    (1) The owner or operator of a coke oven battery shall operate the 
battery (including associated air pollution control equipment) in 
accordance with the procedure specified in the startup, shutdown, and 
malfunction plan; and
    (2) Malfunctions shall be corrected as soon as practicable after 
their occurrence, in accordance with the plan.
    (d) In order for the provisions of paragraph (i) of this section to 
apply with respect to the observation (or set of observations) for a 
particular day, notification of a startup, shutdown, or a malfunction 
shall be made by the owner or operator:
    (1) If practicable, to the certified observer if the observer is at 
the facility during the occurrence; or
    (2) To the enforcement agency, in writing, within 24 hours of the 
occurrence first being documented by a company employee, and if the 
notification under paragraph (d)(1) of this section was not made, an 
explanation of why no such notification was made.
    (e) Within 14 days of the notification made under paragraph (d) of 
this section, or after a startup or shutdown, the owner or operator 
shall submit a written report to the applicable permitting authority 
that:
    (1) Describes the time and circumstances of the startup, shutdown, 
or malfunction; and
    (2) Describes actions taken that might be considered inconsistent 
with

[[Page 663]]

the startup, shutdown, or malfunction plan.
    (f) The owner or operator shall maintain a record of internal 
reports which form the basis of each malfunction notification under 
paragraph (d) of this section.
    (g) To satisfy the requirements of this section to develop a 
startup, shutdown, and malfunction plan, the owner or operator may use 
the standard operating procedures manual for the battery, provided the 
manual meets all the requirements for this section and is made available 
for inspection at reasonable times when requested by the Administrator.
    (h) The Administrator may require reasonable revisions to a startup, 
shutdown, and malfunction plan, if the Administrator finds that the 
plan:
    (1) Does not address a startup, shutdown, or malfunction event that 
has occurred;
    (2) Fails to provide for the operation of the source (including 
associated air pollution control equipment) during a startup, shutdown, 
or malfunction event in a manner consistent with good air pollution 
control practices for minimizing emissions; or
    (3) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control equipment as quickly 
as practicable.
    (i) If the owner or operator demonstrates to the satisfaction of the 
Administrator that a startup, shutdown, or malfunction has occurred, 
then an observation occurring during such startup, shutdown, or 
malfunction shall not:
    (1) Constitute a violation of relevant requirements of this subpart;
    (2) Be used in any compliance determination under Sec. 63.309; or
    (3) Be considered for purposes of Sec. 63.306, until the 
Administrator has resolved the claim that a startup, shutdown, or 
malfunction has occurred. If the Administrator determines that a 
startup, shutdown, or malfunction has not occurred, such observations 
may be used for purposes of Sec. 63.306, regardless of whether the owner 
or operator further contests such determination. The owner's or 
operator's receipt of written notification from the Administrator that a 
startup, shutdown, or malfunction has not occurred will serve, where 
applicable under Sec. 63.306, as written notification from the certified 
observer that an exceedance has occurred.



Sec. 63.311  Reporting and recordkeeping requirements.

    (a) After the effective date of an approved permit in a State under 
part 70 of this chapter, the owner or operator shall submit all 
notifications and reports required by this subpart to the State 
permitting authority. Use of information provided by the certified 
observer shall be a sufficient basis for notifications required under 
Sec. 70.5(c)(9) of this chapter and the reasonable inquiry requirement 
of Sec. 70.5(d) of this chapter.
    (b) Initial compliance certification. The owner or operator of an 
existing or new coke oven battery shall provide a written statement(s) 
to certify compliance to the Administrator within 45 days of the 
applicable compliance date for the emission limitations or requirements 
in this subpart. The owner or operator shall include the following 
information in the initial compliance certification:
    (1) Statement, signed by the owner or operator, certifying that a 
bypass/bleeder stack flare system or an approved alternative control 
device or system has been installed as required in Sec. 63.307; and
    (2) Statement, signed by the owner or operator, certifying that a 
written startup, shutdown, and malfunction plan has been prepared as 
required in Sec. 63.310.
    (c) Notifications. The owner or operator shall provide written 
notification(s) to the Administrator of:
    (1) Intention to construct a new coke oven battery (including 
reconstruction of an existing coke oven battery and construction of a 
greenfield coke oven battery), a brownfield coke oven battery, or a 
padup rebuild coke oven battery, including the anticipated date of 
startup; and
    (2) Election to meet emission limitation(s) in this subpart as 
follows:
    (i) Notification of election to meet the emission limitations in 
Sec. 63.304(b)(1) or Sec. 63.304(c) either in lieu of or in addition to 
the applicable emission limitations in Sec. 63.302(a) or Sec. 63.303(a) 
must be received by the Administrator on or before November 15, 1993; or

[[Page 664]]

    (ii) Notification of election to meet the emission limitations in 
Sec. 63.302(a)(1) or Sec. 63.303(a), as applicable, must be received by 
the Administrator on or before December 31, 1995; and
    (iii) Notification of election to meet the emission limitations in 
Sec. 63.304(b) (2) through (4) and Sec. 63.304(c) or election to meet 
residual risk standards to be developed according to section 112(f) of 
the Act in lieu of the emission standards in Sec. 63.304 must be 
received on or before January 1, 1998.
    (d) Semiannual compliance certification. The owner or operator of a 
coke oven battery shall include the following information in the 
semiannual compliance certification:
    (1) Certification, signed by the owner or operator, that no coke 
oven gas was vented, except through the bypass/ bleeder stack flare 
system of a by-product coke oven battery during the reporting period or 
that a venting report has been submitted according to the requirements 
in paragraph (e) of this section;
    (2) Certification, signed by the owner or operator, that a startup, 
shutdown, or malfunction event did not occur for a coke oven battery 
during the reporting period or that a startup, shutdown, and malfunction 
event did occur and a report was submitted according to the requirements 
in Sec. 63.310(e); and
    (3) Certification, signed by the owner or operator, that work 
practices were implemented if applicable under Sec. 63.306.
    (e) Report for the venting of coke oven gas other than through a 
flare system. The owner or operator shall report any venting of coke 
oven gas through a bypass/bleeder stack that was not vented through the 
bypass/bleeder stack flare system to the Administrator as soon as 
practicable but no later than 24 hours after the beginning of the event. 
A written report shall be submitted within 30 days of the event and 
shall include a description of the event and, if applicable, a copy of 
the notification for a hazardous substance release required pursuant to 
Sec. 302.6 of this chapter.
    (f) Recordkeeping. The owner or operator shall maintain files of all 
required information in a permanent form suitable for inspection at an 
onsite location for at least 1 year and must thereafter be accessible 
within 3 working days to the Administrator for the time period specified 
in Sec. 70.6(a)(3)(ii)(B) of this chapter. Copies of the work practice 
plan developed under Sec. 63.306 and the startup, shutdown, and 
malfunction plan developed under Sec. 63.310 shall be kept onsite at all 
times. The owner or operator shall maintain the following information:
    (1) For nonrecovery coke oven batteries,
    (i) Records of daily pressure monitoring, if applicable according to 
Sec. 63.303(a)(1)(ii) or Sec. 63.303(b)(1)(ii);
    (ii) Records demonstrating the performance of work practice 
requirements according to Sec. 63.306(b)(7); and
    (iii) Design characteristics of each emission control system for the 
capture and collection of charging emissions, as required by 
Sec. 63.303(b)(2).
    (2) For an approved alternative emission limitation according to 
Sec. 63.305;
    (i) Monitoring records for parameter(s) that indicate the exhaust 
flow rate is maintained;
    (ii) If applicable under Sec. 63.305(f)(4)(i);
    (A) Records of opacity readings from the continuous opacity monitor 
for the control device for the shed; and
    (B) Records that demonstrate the continuous opacity monitoring 
system meets the requirements of Performance Specification 1 in appendix 
B to part 60 of this chapter and the operation and maintenance 
requirements in part 52 of this chapter; and
    (iii) Records of quarterly visual inspections as specified in 
Sec. 63.305(f)(5), including the time and date a defect is detected and 
repaired.
    (3) A copy of the work practice plan required by Sec. 63.306 and any 
revision to the plan;
    (4) If the owner or operator is required under Sec. 63.306(c) to 
implement the provisions of a work practice plan for a particular 
emission point, the following records regarding the implementation of 
plan requirements for that emission point during the implementation 
period;
    (i) Copies of all written and audiovisual materials used in the 
training, the dates of each class, the names of

[[Page 665]]

the participants in each class, and documentation that all appropriate 
personnel have successfully completed the training required under 
Sec. 63.306(b)(1);
    (ii) The records required to be maintained by the plan provisions 
implementing Sec. 63.306(b)(7);
    (iii) Records resulting from audits of the effectiveness of the work 
practice program for the particular emission point, as required under 
Sec. 63.306(b)(2)(i), 63.306(b)(3)(i), 63.306(b)(4)(i), or 
63.306(b)(5)(i); and
    (iv) If the plan provisions for coke oven doors must be implemented, 
records of the inventory of doors and jambs as required under 
Sec. 63.306(b)(2)(vi); and
    (5) The design drawings and engineering specifications for the 
bypass/bleeder stack flare system or approved alternative control device 
or system as required under Sec. 63.307.
    (6) Records specified in Sec. 63.310(f) regarding the basis of each 
malfunction notification.
    (g) Records required to be maintained and reports required to be 
filed with the Administrator under this subpart shall be made available 
in accordance with the requirements of this paragraph by the owner or 
operator to the authorized collective bargaining representative of the 
employees at a coke oven battery, for inspection and copying.
    (1) Requests under paragraph (g) of this section shall be submitted 
in writing, and shall identify the records or reports that are subject 
to the request with reasonable specificity;
    (2) The owner or operator shall produce the reports for inspection 
and copying within a reasonable period of time, not to exceed 30 days. A 
reasonable fee may be charged for copying (except for the first copy of 
any document), which shall not exceed the copying fee charged by the 
Administrator under part 2 of this chapter;
    (3) Nothing in paragraph (g) of this section shall require the 
production for inspection or copying of any portion of a document that 
contains trade secrets or confidential business information that the 
Administrator would be prohibited from disclosing to the public under 
part 2 of this chapter; and
    (4) The inspection or copying of a document under paragraph (g) of 
this section shall not in any way affect any property right of the owner 
or operator in such document under laws for the protection of 
intellectual property, including the copyright laws.



Sec. 63.312  Existing regulations and requirements.

    (a) The owner or operator shall comply with all applicable State 
implementation plan emission limits and (subject to any expiration date) 
all federally enforceable emission limitations which are contained in an 
order, decree, permit, or settlement agreement for the control of 
emissions from offtake systems, topside port lids, coke oven doors, and 
charging operations in effect on September 15, 1992, or which have been 
modified according to the provisions of paragraph (c) of this section.
    (b) Nothing in this subpart shall affect the enforcement of such 
State implementation plan emission limitations (or, subject to any 
expiration date, such federally enforceable emission limitations 
contained in an order, decree, permit, or settlement agreement) in 
effect on September 15, 1992, or which have been modified according to 
the provisions in paragraph (c) of this section.
    (c) No such State implementation plan emission limitation (or, 
subject to any expiration date, such federally enforceable emission 
limitation contained in an order, decree, permit, or settlement 
agreement) in effect on September 15, 1992, may be modified under the 
Act unless:
    (1) Such modification is consistent with all requirements of section 
110 of the Act; and either
    (i) Such modification ensures that the applicable emission 
limitations and format (e.g., single pass v. multiday average) in effect 
on September 15, 1992, will continue in effect; or
    (ii) Such modification includes a change in the method of monitoring 
(except frequency unless frequency was indicated in the State 
implementation plan, or subject to any expiration date, other federally 
enforceable requirements contained in an order, decree, permit, or 
settlement agreement) that

[[Page 666]]

is more stringent than the method of monitoring in effect on September 
15, 1992, and that ensures coke oven emission reductions greater than 
the emission reductions required on September 15, 1992. The burden of 
proof in demonstrating the stringency of the methods of monitoring is 
borne by the party requesting the modification and must be made to the 
satisfaction of the Administrator; or
    (iii) Such modification makes the emission limitations more 
stringent while holding the format unchanged, makes the format more 
stringent while holding the emission limitations unchanged, or makes 
both more stringent.
    (2) Any industry application to make a State implementation plan 
revision or other adjustment to account for differences between Method 
303 in appendix A to this part and the State's method based on paragraph 
(c)(1)(ii) of this section shall be submitted within 12 months after 
October 27, 1993.
    (d) Except as specified in Sec. 63.307(f), nothing in this subpart 
shall limit or affect any authority or obligation of Federal, State, or 
local agencies to establish emission limitations or other requirements 
more stringent than those specified in this subpart.
    (e) Except as provided in Sec. 63.302(c), section 112(g) of the Act 
shall not apply to sources subject to this subpart.



Sec. 63.313  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authorities contained in 
paragraph (c) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Whenever the Administrator learns that a delegated agency has 
not fully carried out the inspections and performance tests required 
under Sec. 63.309 for each applicable emission point of each battery 
each day, the Administrator shall immediately notify the agency. Unless 
the delegated agency demonstrates to the Administrator's satisfaction 
within 15 days of notification that the agency is consistently carrying 
out the inspections and performance tests required under Sec. 63.309 in 
the manner specified in the preceding sentence, the Administrator shall 
notify the coke oven battery owner or operator that inspections and 
performance tests shall be carried out according to Sec. 63.309(a)(5). 
When the Administrator determines that the delegated agency is prepared 
to consistently perform all required inspections and performance tests 
each day, the Administrator shall give the coke oven battery owner or 
operator at least 15 days notice that implementation will revert back to 
the previously delegated agency.
    (c) Authorities which will not be delegated to States:
    (1) Sec. 63.302(d);
    (2) Sec. 63.304(b)(6);
    (3) Secs. 63.305 (b), (d) and (e);
    (4) Sec. 63.307(d); and
    (5) Section 2 of Method 303 in appendix A to this part.
    (d) The authority to enforce this subpart is delegated to the States 
of: [Reserved]

  Appendix A to Subpart L--Operating Coke Oven Batteries as of April 1, 
                                  1992                                  
------------------------------------------------------------------------
        No.                     Plant                     Battery       
------------------------------------------------------------------------
1.................  ABC Coke, Tarrant, AL.......  A                     
                                                  5                     
                                                  6                     
2.................  Acme Steel, Chicago, IL.....  1                     
                                                  2                     
3.................  Armco, Inc., Middletown, OH.  1                     
                                                  2                     
                                                  3                     
4.................  Armco, Inc., Ashland, KY....  3                     
                                                  4                     
5.................  Bethlehem Steel, Bethlehem,   A                     
                     PA.                                                
                                                  2                     
                                                  3                     
6.................  Bethlehem Steel, Burns        1                     
                     Harbor, IN.                                        
                                                  2                     
7.................  Bethlehem Steel, Lackawanna,  7                     
                     NY.                                                
                                                  8                     
8.................  Citizens Gas, Indianapolis,   E                     
                     IN.                                                
                                                  H                     
                                                  1                     
9.................  Empire Coke, Holt, AL.......  1                     
                                                  2                     
10................  Erie Coke, Erie, PA.........  A                     
                                                  B                     
11................  Geneva Steel, Provo, UT.....  1                     
                                                  2                     
                                                  3                     
                                                  4                     
12................  Gulf States Steel, Gadsden,   2                     
                     AL.                                                
                                                  3                     
13................  Inland Steel, East Chicago,   6                     
                     IN.                                                
                                                  7                     
                                                  9                     
                                                  10                    
                                                  11                    
14................  Jewell Coal and Coke,         2                     
                     Vansant, VA.                                       
                                                  3A                    
                                                  3B                    

[[Page 667]]

                                                                        
                                                  3C                    
15................  Koppers, Woodward, AL.......  1                     
                                                  2A                    
                                                  2B                    
                                                  4A                    
                                                  4B                    
                                                  5                     
16................  LTV Steel, Cleveland, OH....  6                     
                                                  7                     
17................  LTV Steel, Pittsburgh, PA...  P1                    
                                                  P2                    
                                                  P3N                   
                                                  P3S                   
                                                  P4                    
18................  LTV Steel, Chicago, IL......  2                     
19................  LTV Steel, Warren, OH.......  4                     
20................  National Steel, Ecorse, MI..  5                     
21................  National Steel, Granite       A                     
                     City, IL.                                          
                                                  B                     
22................  New Boston Coke, Portsmouth,  1                     
                     OH.                                                
23................  Sharon Steel, Monessen, PA..  1B                    
                                                  2                     
24................  Shenango, Pittsburgh, PA....  1                     
                                                  4                     
25................  Sloss Industries,             3                     
                     Birmingham, AL.                                    
                                                  4                     
                                                  5                     
26................  Toledo Coke, Toledo, OH.....  C                     
27................  Tonawanda Coke, Buffalo, NY.  1                     
28................  USX, Clairton, PA...........  1                     
                                                  2                     
                                                  3                     
                                                  7                     
                                                  8                     
                                                  9                     
                                                  13                    
                                                  14                    
                                                  15                    
                                                  19                    
                                                  20                    
                                                  B                     
29................  USX, Gary, IN...............  2                     
                                                  3                     
                                                  5                     
                                                  7                     
30................  Wheeling-Pittsburgh, E.       1                     
                     Steubenville, WV.            2                     
                                                  3                     
                                                  8                     
------------------------------------------------------------------------


[58 FR 57911, Oct. 27, 1993; 59 FR 1992, Jan. 13, 1994]



  Subpart M--National Perchloroethylene Air Emission Standards for Dry 
                           Cleaning Facilities

    Source: 58 FR 49376, Sept. 22, 1993, unless otherwise noted.



Sec. 63.320  Applicability.

    (a) The provisions of this subpart apply to the owner or operator of 
each dry cleaning facility that uses perchloroethylene.
    (b) Each dry cleaning system that commences construction or 
reconstruction on or after December 9, 1991, shall be in compliance with 
the provisions of this subpart beginning on September 22, 1993 or 
immediately upon startup, whichever is later, except for dry cleaning 
systems complying with section 112(i)(2) of the Clean Air Act.
    (c) Each dry cleaning system that commenced construction or 
reconstruction before December 9, 1991, shall comply with Secs. 63.322 
(c), (d), (i), (j), (k), (l), and (m), 63.323(d), and 63.324(a), (b), 
(d)(1), (d)(2), (d)(3), (d)(4), and (e) beginning on December 20, 1993, 
and shall comply with other provisions of this subpart by September 23, 
1996.
    (d) Each existing dry-to-dry machine and its ancillary equipment 
located in a dry cleaning facility that includes only dry-to-dry 
machines and each existing transfer machine system and its ancillary 
equipment, as well as each existing dry-to-dry machine and its ancillary 
equipment, located in a dry cleaning facility that includes both 
transfer machine system(s) and dry-to-dry machine(s) is exempt from 
Secs. 63.322, 63.323, and 63.324, except Secs. 63.322(c), (d), (i), (j), 
(k), (l), and (m), 63.323(d), and 63.324(a), (b), (d)(1), (d)(2), 
(d)(3), (d)(4), and (e) if the total perchloroethylene consumption of 
the dry cleaning facility is less than 530 liters (140 gallons) per 
year. Consumption is determined according to Sec. 63.323(d).
    (e) Each existing transfer machine system and its ancillary 
equipment located in a dry cleaning facility that includes only transfer 
machine system(s) is exempt from Secs. 63.322, 63.323, and 63.324, 
except Secs. 63.322(c), (d), (i), (j), (k), (l), and (m), 63.323(d), and 
63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the 
perchloroethylene consumption of the dry cleaning facility is less than 
760 liters (200 gallons) per year. Consumption is determined according 
to Sec. 63.323(d).
    (f) If the total yearly perchloroethylene consumption of a dry 
cleaning facility determined according to Sec. 63.323(d) is initially 
less than the amounts specified in paragraph (d) or (e) of this section, 
but

[[Page 668]]

later exceeds those amounts, the existing dry cleaning system(s) in the 
dry cleaning facility must comply with Secs. 63.322, 63.323, and 63.324 
by 180 calendar days from the date that the facility determines it has 
exceeded the amounts specified, or by September 23, 1996, whichever is 
later.
    (g) A dry cleaning facility is a major source if the facility emits 
or has the potential to emit more than 9.1 megagrams per year (10 tons 
per year) of perchloroethylene to the atmosphere. In lieu of measuring a 
facility's potential to emit perchloroethylene emissions or determining 
a facility's potential to emit perchloroethylene emissions, a dry 
cleaning facility is a major source if:
    (1) It includes only dry-to-dry machine(s) and has a total yearly 
perchloroethylene consumption greater than 8,000 liters (2,100 gallons) 
as determined according to Sec. 63.323(d); or
    (2) It includes only transfer machine system(s) or both dry-to-dry 
machine(s) and transfer machine system(s) and has a total yearly 
perchloroethylene consumption greater than 6,800 liters (1,800 gallons) 
as determined according to Sec. 63.323(d).
    (h) A dry cleaning facility is an area source if it does not meet 
the conditions of paragraph (g) of this section.
    (i) If the total yearly perchloroethylene consumption of a dry 
cleaning facility determined according to Sec. 63.323(d) is initially 
less than the amounts specified in paragraph (g) of this section, but 
then exceeds those amounts, the dry cleaning facility becomes a major 
source and all dry cleaning systems located at that dry cleaning 
facility must comply with the appropriate requirements for major sources 
under Secs. 63.322, 63.323, and 63.324 by 180 calendar days from the 
date that the facility determines it has exceeded the amount specified, 
or by September 23, 1996, whichever is later.
    (j) All coin-operated dry cleaning machines are exempt from the 
requirements of this subpart.
    (k) The owner or operator of any source subject to the provisions of 
this subpart M is subject to title V permitting requirements. These 
affected sources, if not major or located at major sources as defined 
under 40 CFR 70.2, may be deferred by the applicable title V permitting 
authority from title V permitting requirements for 5 years after the 
date on which the EPA first approves a part 70 program (i.e., until 
December 9, 1999). All sources receiving deferrals shall submit title V 
permit applications within 12 months of such date (by December 9, 2000). 
All sources receiving deferrals still must meet compliance schedule as 
stated in this Sec. 63.320.

[58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993; 
61 FR 27788, June 3, 1996]



Sec. 63.321  Definitions.

    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this part).
    Ancillary equipment means the equipment used with a dry cleaning 
machine in a dry cleaning system including, but not limited to, emission 
control devices, pumps, filters, muck cookers, stills, solvent tanks, 
solvent containers, water separators, exhaust dampers, diverter valves, 
interconnecting piping, hoses, and ducts.
    Area source means any perchloroethylene dry cleaning facility that 
meets the conditions of Sec. 63.320(h).
    Articles mean clothing, garments, textiles, fabrics, leather goods, 
and the like, that are dry cleaned.
    Biweekly means any 14-day period of time.
    Carbon adsorber means a bed of activated carbon into which an air-
perchloroethylene gas-vapor stream is routed and which adsorbs the 
perchloroethylene on the carbon.
    Coin-operated dry cleaning machine means a dry cleaning machine that 
is operated by the customer (that is, the customer places articles into 
the machine, turns the machine on, and removes articles from the 
machine).
    Colorimetric detector tube means a glass tube (sealed prior to use), 
containing material impregnated with a chemical that is sensitive to 
perchloroethylene and is designed to measure the concentration of 
perchloroethylene in air.

[[Page 669]]

    Construction, for purposes of this subpart, means the fabrication 
(onsite), erection, or installation of a dry cleaning system subject to 
this subpart.
    Desorption means regeneration of a carbon adsorber by removal of the 
perchloroethylene adsorbed on the carbon.
    Diverter valve means a flow control device that prevents room air 
from passing through a refrigerated condenser when the door of the dry 
cleaning machine is open.
    Dry cleaning means the process of cleaning articles using 
perchloroethylene.
    Dry cleaning cycle means the washing and drying of articles in a 
dry-to-dry machine or transfer machine system.
    Dry cleaning facility means an establishment with one or more dry 
cleaning systems.
    Dry cleaning machine means a dry-to-dry machine or each machine of a 
transfer machine system.
    Dry cleaning machine drum means the perforated container inside the 
dry cleaning machine that holds the articles during dry cleaning.
    Dry cleaning system means a dry-to-dry machine and its ancillary 
equipment or a transfer machine system and its ancillary equipment.
    Dryer means a machine used to remove perchloroethylene from articles 
by tumbling them in a heated air stream (see reclaimer).
    Dry-to-dry machine means a one-machine dry cleaning operation in 
which washing and drying are performed in the same machine.
    Exhaust damper means a flow control device that prevents the air-
perchloroethylene gas-vapor stream from exiting the dry cleaning machine 
into a carbon adsorber before room air is drawn into the dry cleaning 
machine.
    Existing means commenced construction or reconstruction before 
December 9, 1991.
    Filter means a porous device through which perchloroethylene is 
passed to remove contaminants in suspension. Examples include, but are 
not limited to, lint filter (button trap), cartridge filter, tubular 
filter, regenerative filter, prefilter, polishing filter, and spin disc 
filter.
    Heating coil means the device used to heat the air stream circulated 
from the dry cleaning machine drum, after perchloroethylene has been 
condensed from the air stream and before the stream reenters the dry 
cleaning machine drum.
    Major source means any dry cleaning facility that meets the 
conditions of Sec. 63.320(g).
    Muck cooker means a device for heating perchloroethylene-laden waste 
material to volatilize and recover perchloroethylene.
    New means commenced construction or reconstruction on or after 
December 9, 1991.
    Perceptible leaks mean any perchloroethylene vapor or liquid leaks 
that are obvious from:
    (1) The odor of perchloroethylene;
    (2) Visual observation, such as pools or droplets of liquid; or
    (3) The detection of gas flow by passing the fingers over the 
surface of equipment.
    Perchloroethylene consumption means the total volume of 
perchloroethylene purchased based upon purchase receipts or other 
reliable measures.
    Reclaimer means a machine used to remove perchloroethylene from 
articles by tumbling them in a heated air stream (see dryer).
    Reconstruction, for purposes of this subpart, means replacement of a 
washer, dryer, or reclaimer; or replacement of any components of a dry 
cleaning system to such an extent that the fixed capital cost of the new 
components exceeds 50 percent of the fixed capital cost that would be 
required to construct a comparable new source.
    Refrigerated condenser means a vapor recovery system into which an 
air-perchloroethylene gas-vapor stream is routed and the 
perchloroethylene is condensed by cooling the gas-vapor stream.
    Refrigerated condenser coil means the coil containing the chilled 
liquid used to cool and condense the perchloroethylene.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice 
president of the corporation in charge of a principal business function, 
or any other

[[Page 670]]

person who performs similar policy or decision-making functions for the 
corporation, or a duly authorized representative of such person if the 
representative is responsible for the overall operation of one or more 
dry cleaning facilities;
    (2) For a partnership: A general partner;
    (3) For a sole proprietorship: The owner; or
    (4) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking official.
    Room enclosure means a stationary structure that encloses a transfer 
machine system, and is vented to a carbon adsorber or an equivalent 
control device during operation of the transfer machine system.
    Source, for purposes of this subpart, means each dry cleaning 
system.
    Still means any device used to volatilize and recover 
perchloroethylene from contaminated perchloroethylene.
    Temperature sensor means a thermometer or thermocouple used to 
measure temperature.
    Transfer machine system means a multiple-machine dry cleaning 
operation in which washing and drying are performed in different 
machines. Examples include, but are not limited to:
    (1) A washer and dryer(s);
    (2) A washer and reclaimer(s); or
    (3) A dry-to-dry machine and reclaimer(s).
    Washer means a machine used to clean articles by immersing them in 
perchloroethylene. This includes a dry-to-dry machine when used with a 
reclaimer.
    Water separator means any device used to recover perchloroethylene 
from a water-perchloroethylene mixture.
    Year or Yearly means any consecutive 12-month period of time.



Sec. 63.322  Standards.

    (a) The owner or operator of each existing dry cleaning system shall 
comply with either paragraph (a)(1) or (a)(2) of this section and shall 
comply with paragraph (a)(3) of this section if applicable.
    (1) Route the air-perchloroethylene gas-vapor stream contained 
within each dry cleaning machine through a refrigerated condenser or an 
equivalent control device.
    (2) Route the air-perchloroethylene gas-vapor stream contained 
within each dry cleaning machine through a carbon adsorber installed on 
the dry cleaning machine prior to September 22, 1993.
    (3) Contain the dry cleaning machine inside a room enclosure if the 
dry cleaning machine is a transfer machine system located at a major 
source. Each room enclosure shall be:
    (i) Constructed of materials impermeable to perchloroethylene; and
    (ii) Designed and operated to maintain a negative pressure at each 
opening at all times that the machine is operating.
    (b) The owner or operator of each new dry cleaning system:
    (1) Shall route the air-perchloroethylene gas-vapor stream contained 
within each dry cleaning machine through a refrigerated condenser or an 
equivalent control device;
    (2) Shall eliminate any emission of perchloroethylene during the 
transfer of articles between the washer and dryer(s); and
    (3) Shall pass the air-perchloroethylene gas-vapor stream from 
inside the dry cleaning machine drum through a carbon adsorber or 
equivalent control device immediately before or as the door of the dry 
cleaning machine is opened if the dry cleaning machine is located at a 
major source.
    (c) The owner or operator shall close the door of each dry cleaning 
machine immediately after transferring articles to or from the machine, 
and shall keep the door closed at all other times.
    (d) The owner or operator of each dry cleaning system shall operate 
and maintain the system according to the manufacturers' specifications 
and recommendations.
    (e) Each refrigerated condenser used for the purposes of complying 
with paragraph (a) or (b) of this section and installed on a dry-to-dry 
machine, dryer, or reclaimer:
    (1) Shall be operated to not vent or release the air-
perchloroethylene gas-vapor stream contained within the dry cleaning 
machine to the atmosphere

[[Page 671]]

while the dry cleaning machine drum is rotating;
    (2) Shall be monitored according to Sec. 63.323(a)(1); and
    (3) Shall be operated with a diverter valve, which prevents air 
drawn into the dry cleaning machine when the door of the machine is open 
from passing through the refrigerated condenser.
    (f) Each refrigerated condenser used for the purpose of complying 
with paragraph (a) of this section and installed on a washer:
    (1) Shall be operated to not vent the air-perchloroethylene gas-
vapor contained within the washer to the atmosphere until the washer 
door is opened;
    (2) Shall be monitored according to Sec. 63.323(a)(2); and
    (3) Shall not use the same refrigerated condenser coil for the 
washer that is used by a dry-to-dry machine, dryer, or reclaimer.
    (g) Each carbon adsorber used for the purposes of complying with 
paragraph (a) or (b) of this section:
    (1) Shall not be bypassed to vent or release any air-
perchloroethylene gas-vapor stream to the atmosphere at any time; and
    (2) Shall be monitored according to the applicable requirements in 
Sec. 63.323 (b) or (c).
    (h) Each room enclosure used for the purposes of complying with 
paragraph (a)(3) of this section:
    (1) Shall be operated to vent all air from the room enclosure 
through a carbon adsorber or an equivalent control device; and
    (2) Shall be equipped with a carbon adsorber that is not the same 
carbon adsorber used to comply with paragraph (a)(2) or (b)(3) of this 
section.
    (i) The owner or operator of an affected facility shall drain all 
cartridge filters in their housing, or other sealed container, for a 
minimum of 24 hours, or shall treat such filters in an equivalent 
manner, before removal from the dry cleaning facility.
    (j) The owner or operator of an affected facility shall store all 
perchloroethylene and wastes that contain perchloroethylene in solvent 
tanks or solvent containers with no perceptible leaks.
    (k) The owner or operator of a dry cleaning system shall inspect the 
following components weekly for perceptible leaks while the dry cleaning 
system is operating:
    (1) Hose and pipe connections, fittings, couplings, and valves;
    (2) Door gaskets and seatings;
    (3) Filter gaskets and seatings;
    (4) Pumps;
    (5) Solvent tanks and containers;
    (6) Water separators;
    (7) Muck cookers;
    (8) Stills;
    (9) Exhaust dampers;
    (10) Diverter valves; and
    (11) Cartridge filter housings.
    (l) The owner or operator of a dry cleaning facility with a total 
facility consumption below the applicable consumption levels of 
Sec. 63.320(d) or (e) shall inspect the components listed in paragraph 
(k) of this section biweekly for perceptible leaks while the dry 
cleaning system is operating.
    (m) The owner or operator of a dry cleaning system shall repair all 
perceptible leaks detected under paragraph (k) of this section within 24 
hours. If repair parts must be ordered, either a written or verbal order 
for those parts shall be initiated within 2 working days of detecting 
such a leak. Such repair parts shall be installed within 5 working days 
after receipt.
    (n) If parameter values monitored under paragraphs (e), (f), or (g) 
of this section do not meet the values specified in Sec. 63.323(a), (b), 
or (c), adjustments or repairs shall be made to the dry cleaning system 
or control device to meet those values. If repair parts must be ordered, 
either a written or verbal order for such parts shall be initiated 
within 2 working days of detecting such a parameter value. Such repair 
parts shall be installed within 5 working days after receipt.



Sec. 63.323  Test methods and monitoring.

    (a) When a refrigerated condenser is used to comply with 
Sec. 63.322(a)(1) or (b)(1):
    (1) The owner or operator shall measure the temperature of the air-
perchloroethylene gas-vapor stream on the outlet side of the 
refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer 
weekly with a temperature sensor to determine if it is equal

[[Page 672]]

to or less than 7.2  deg.C (45  deg.F). The temperature sensor shall be 
used according to the manufacturer's instructions and shall be designed 
to measure a temperature of 7.2  deg.C (45  deg.F) to an accuracy of 
 1.1  deg.C (2  deg.F).
    (2) The owner or operator shall calculate the difference between the 
temperature of the air-perchloroethylene gas-vapor stream entering the 
refrigerated condenser on a washer and the temperature of the air-
perchloroethylene gas-vapor stream exiting the refrigerated condenser on 
the washer weekly to determine that the difference is greater than or 
equal to 11.1  deg.C (20  deg.F).
    (i) Measurements of the inlet and outlet streams shall be made with 
a temperature sensor. Each temperature sensor shall be used according to 
the manufacturer's instructions, and designed to measure at least a 
temperature range from 0  deg.C (32  deg.F) to 48.9  deg.C (120  deg.F) 
to an accuracy of  1.1  deg.C ( 2  deg.F).
    (ii) The difference between the inlet and outlet temperatures shall 
be calculated weekly from the measured values.
    (b) When a carbon adsorber is used to comply with Sec. 63.322(a)(2) 
or exhaust is passed through a carbon adsorber immediately upon machine 
door opening to comply with Sec. 63.322(b)(3), the owner or operator 
shall measure the concentration of perchloroethylene in the exhaust of 
the carbon adsorber weekly with a colorimetric detector tube, while the 
dry cleaning machine is venting to that carbon adsorber at the end of 
the last dry cleaning cycle prior to desorption of that carbon adsorber 
to determine that the perchloroethylene concentration in the exhaust is 
equal to or less than 100 parts per million by volume. The owner or 
operator shall:
    (1) Use a colorimetric detector tube designed to measure a 
concentration of 100 parts per million by volume of perchloroethylene in 
air to an accuracy of  25 parts per million by volume; and
    (2) Use the colorimetric detector tube according to the 
manufacturer's instructions; and
    (3) Provide a sampling port for monitoring within the exhaust outlet 
of the carbon adsorber that is easily accessible and located at least 8 
stack or duct diameters downstream from any flow disturbance such as a 
bend, expansion, contraction, or outlet; downstream from no other inlet; 
and 2 stack or duct diameters upstream from any flow disturbance such as 
a bend, expansion, contraction, inlet, or outlet.
    (c) If the air-perchloroethylene gas-vapor stream is passed through 
a carbon adsorber prior to machine door opening to comply with 
Sec. 63.322(b)(3), the owner or operator of an affected facility shall 
measure the concentration of perchloroethylene in the dry cleaning 
machine drum at the end of the dry cleaning cycle weekly with a 
colorimetric detector tube to determine that the perchloroethylene 
concentration is equal to or less than 300 parts per million by volume. 
The owner or operator shall:
    (1) Use a colorimetric detector tube designed to measure a 
concentration of 300 parts per million by volume of perchloroethylene in 
air to an accuracy of plus-minus75 parts per million by volume; and
    (2) Use the colorimetric detector tube according to the 
manufacturer's instructions; and
    (3) Conduct the weekly monitoring by inserting the colorimetric 
detector tube into the open space above the articles at the rear of the 
dry cleaning machine drum immediately upon opening the dry cleaning 
machine door.
    (d) When calculating yearly perchloroethylene consumption for the 
purpose of demonstrating applicability according to Sec. 63.320, the 
owner or operator shall perform the following calculation on the first 
day of every month:
    (1) Sum the volume of all perchloroethylene purchases made in each 
of the previous 12 months, as recorded in the log described in 
Sec. 63.324(d)(1).
    (2) If no perchloroethylene purchases were made in a given month, 
then the perchloroethylene consumption for that month is zero gallons.
    (3) The total sum calculated in paragraph (d) of this section is the 
yearly perchloroethylene consumption at the facility.

[[Page 673]]



Sec. 63.324  Reporting and recordkeeping requirements.

    (a) Each owner or operator of a dry cleaning facility shall notify 
the Administrator or delegated State authority in writing within 270 
calendar days after September 23, 1993 (i.e., June 18, 1994) and provide 
the following information:
    (1) The name and address of the owner or operator;
    (2) The address (that is, physical location) of the dry cleaning 
facility;
    (3) A brief description of the type of each dry cleaning machine at 
the dry cleaning facility;
    (4) Documentation as described in Sec. 63.323(d) of the yearly 
perchloroethylene consumption at the dry cleaning facility for the 
previous year to demonstrate applicability according to Sec. 63.320; or 
an estimation of perchloroethylene consumption for the previous year to 
estimate applicability with Sec. 63.320; and
    (5) A description of the type of control device(s) that will be used 
to achieve compliance with Sec. 63.322 (a) or (b) and whether the 
control device(s) is currently in use or will be purchased.
    (6) Documentation to demonstrate to the Administrator's satisfaction 
that each room enclosure used to meet the requirements of 
Sec. 63.322(a)(3) meets the requirements of Sec. 63.322(a)(3) (i) and 
(ii).
    (b) Each owner or operator of a dry cleaning facility shall submit 
to the Administrator or delegated State authority by registered mail on 
or before the 30th day following the compliance dates specified in 
Sec. 63.320 (b) or (c) or June 18, 1994, whichever is later, a 
notification of compliance status providing the following information 
and signed by a responsible official who shall certify its accuracy:
    (1) The yearly perchloroethylene solvent consumption limit based 
upon the yearly solvent consumption calculated according to 
Sec. 63.323(d);
    (2) Whether or not they are in compliance with each applicable 
requirement of Sec. 63.322; and
    (3) All information contained in the statement is accurate and true.
    (c) Each owner or operator of an area source dry cleaning facility 
that exceeds the solvent consumption limit reported in paragraph (b) of 
this section shall submit to the Administrator or a delegated State 
authority by registered mail on or before the dates specified in 
Sec. 63.320 (f) or (i), a notification of compliance status providing 
the following information and signed by a responsible official who shall 
certify its accuracy:
    (1) The new yearly perchloroethylene solvent consumption limit based 
upon the yearly solvent consumption calculated according to 
Sec. 63.323(d);
    (2) Whether or not they are in compliance with each applicable 
requirement of Sec. 63.322; and
    (3) All information contained in the statement is accurate and true.
    (d) Each owner or operator of a dry cleaning facility shall keep 
receipts of perchloroethylene purchases and a log of the following 
information and maintain such information on site and show it upon 
request for a period of 5 years:
    (1) The volume of perchloroethylene purchased each month by the dry 
cleaning facility as recorded from perchloroethylene purchases; if no 
perchloroethylene is purchased during a given month then the owner or 
operator would enter zero gallons into the log;
    (2) The calculation and result of the yearly perchloroethylene 
consumption determined on the first day of each month as specified in 
Sec. 63.323(d);
    (3) The dates when the dry cleaning system components are inspected 
for perceptible leaks, as specified in Sec. 63.322(k) or (l), and the 
name or location of dry cleaning system components where perceptible 
leaks are detected;
    (4) The dates of repair and records of written or verbal orders for 
repair parts to demonstrate compliance with Sec. 63.322(m) and (n);
    (5) The date and temperature sensor monitoring results, as specified 
in Sec. 63.323 if a refrigerated condenser is used to comply with 
Sec. 63.322(a) or (b); and
    (6) The date and colorimetric detector tube monitoring results, as 
specified in Sec. 63.323, if a carbon adsorber is used to comply with 
Sec. 63.322(a)(2) or (b)(3).
    (e) Each owner or operator of a dry cleaning facility shall retain 
onsite a copy of the design specifications and

[[Page 674]]

the operating manuals for each dry cleaning system and each emission 
control device located at the dry cleaning facility.

[58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993]



Sec. 63.325  Determination of equivalent emission control technology.

    (a) Any person requesting that the use of certain equipment or 
procedures be considered equivalent to the requirements under 
Sec. 63.322 shall collect, verify, and submit to the Administrator the 
following information to show that the alternative achieves equivalent 
emission reductions:
    (1) Diagrams, as appropriate, illustrating the emission control 
technology, its operation and integration into or function with dry-to-
dry machine(s) or transfer machine system(s) and their ancillary 
equipment during each portion of the normal dry cleaning cycle;
    (2) Information quantifying vented perchloroethylene emissions from 
the dry-to-dry machine(s) or transfer machine system(s) during each 
portion of the dry cleaning cycle with and without the use of the 
candidate emission control technology;
    (3) Information on solvent mileage achieved with and without the 
candidate emission control technology. Solvent mileage is the average 
weight of articles cleaned per volume of perchloroethylene used. Solvent 
mileage data must be of continuous duration for at least 1 year under 
the conditions of a typical dry cleaning operation. This information on 
solvent mileage must be accompanied by information on the design, 
configuration, operation, and maintenance of the specific dry cleaning 
system from which the solvent mileage information was obtained;
    (4) Identification of maintenance requirements and parameters to 
monitor to ensure proper operation and maintenance of the candidate 
emission control technology;
    (5) Explanation of why this information is considered accurate and 
representative of both the short-term and the long-term performance of 
the candidate emission control technology on the specific dry cleaning 
system examined;
    (6) Explanation of why this information can or cannot be 
extrapolated to dry cleaning systems other than the specific system(s) 
examined; and
    (7) Information on the cross-media impacts (to water and solid 
waste) of the candidate emission control technology and demonstration 
that the cross-media impacts are less than or equal to the cross-media 
impacts of a refrigerated condenser.
    (b) For the purpose of determining equivalency to control equipment 
required under Sec. 63.322, the Administrator will evaluate the petition 
to determine whether equivalent control of perchloroethylene emissions 
has been adequately demonstrated.
    (c) Where the Administrator determines that certain equipment and 
procedures may be equivalent, the Administrator will publish a notice in 
the Federal Register proposing to consider this equipment or these 
procedures as equivalent. After notice and opportunity for public 
hearing, the Administrator will publish the final determination of 
equivalency in the Federal Register.



Subpart N--National Emission Standards for Chromium Emissions From Hard 
   and Decorative Chromium Electroplating and Chromium Anodizing Tanks

    Source: 60 FR 4963, Jan. 25, 1995, unless otherwise noted.



Sec. 63.340  Applicability and designation of sources.

    (a) The affected source to which the provisions of this subpart 
apply is each chromium electroplating or chromium anodizing tank at 
facilities performing hard chromium electroplating, decorative chromium 
electroplating, or chromium anodizing.
    (b) Owners or operators of affected sources subject to the 
provisions of this subpart must also comply with the requirements of 
subpart A of this part, according to the applicability of subpart A of 
this part to such sources, as identified in Table 1 of this subpart.

[[Page 675]]

    (c) Process tanks associated with a chromium electroplating or 
chromium anodizing process, but in which neither chromium electroplating 
nor chromium anodizing is taking place, are not subject to the 
provisions of this subpart. Examples of such tanks include, but are not 
limited to, rinse tanks, etching tanks, and cleaning tanks. Likewise, 
tanks that contain a chromium solution, but in which no electrolytic 
process occurs, are not subject to this subpart. An example of such a 
tank is a chrome conversion coating tank where no electrical current is 
applied.
    (d) Affected sources in which research and laboratory operations are 
performed are exempt from the provisions of this subpart when such 
operations are taking place.
    (e)(1) The Administrator has determined, pursuant to the criteria 
under section 502(a) of the Act, that an owner or operator of the 
following types of operations that are not by themselves major sources 
and that are not located at major sources, as defined under 40 CFR 70.2, 
is permanently exempt from title V permitting requirements for that 
operation:
    (i) Any decorative chromium electroplating operation or chromium 
anodizing operation that uses fume suppressants as an emission reduction 
technology; and
    (ii) Any decorative chromium electroplating operation that uses a 
trivalent chromium bath that incorporates a wetting agent as a bath 
ingredient.
    (2) An owner or operator of any other affected source subject to the 
provisions of this subpart is subject to title V permitting 
requirements. These affected sources, if not major or located at major 
sources as defined under 40 CFR 70.2, may be deferred by the applicable 
title V permitting authority from title V permitting requirements for 5 
years after the date on which the EPA first approves a part 70 program 
(i.e., until December 9,1999). All sources receiving deferrals shall 
submit title V permit applications within 12 months of such date (by 
December 9, 2000). All sources receiving deferrals still must meet the 
compliance schedule as stated in Sec. 63.343.

[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996]



Sec. 63.341  Definitions and nomenclature.

    (a) Definitions. Terms used in this subpart are defined in the Act, 
in subpart A of this part, or in this section. For the purposes of 
subpart N of this part, if the same term is defined in subpart A of this 
part and in this section, it shall have the meaning given in this 
section.
    Add-on air pollution control device means equipment installed in the 
ventilation system of chromium electroplating and anodizing tanks for 
the purposes of collecting and containing chromium emissions from the 
tank(s).
    Air pollution control technique means any method, such as an add-on 
air pollution control device or a chemical fume suppressant, that is 
used to reduce chromium emissions from chromium electroplating and 
chromium anodizing tanks.
    Base metal means the metal or metal alloy that comprises the 
workpiece.
    Bath component means the trade or brand name of each component(s) in 
trivalent chromium plating baths. For trivalent chromium baths, the bath 
composition is proprietary in most cases. Therefore, the trade or brand 
name for each component(s) can be used; however, the chemical name of 
the wetting agent contained in that component must be identified.
    Chemical fume suppressant means any chemical agent that reduces or 
suppresses fumes or mists at the surface of an electroplating or 
anodizing bath; another term for fume suppressant is mist suppressant.
    Chromic acid means the common name for chromium anhydride 
(CrO3).
    Chromium anodizing means the electrolytic process by which an oxide 
layer is produced on the surface of a base metal for functional purposes 
(e.g., corrosion resistance or electrical insulation) using a chromic 
acid solution. In chromium anodizing, the part to be anodized acts as 
the anode in the electrical circuit, and the chromic acid solution, with 
a concentration typically ranging from 50 to 100 grams per liter (g/L), 
serves as the electrolyte.

[[Page 676]]

    Chromium electroplating or chromium anodizing tank means the 
receptacle or container in which hard or decorative chromium 
electroplating or chromium anodizing occurs.
    Composite mesh-pad system means an add-on air pollution control 
device typically consisting of several mesh-pad stages. The purpose of 
the first stage is to remove large particles. Smaller particles are 
removed in the second stage, which consists of the composite mesh pad. A 
final stage may remove any reentrained particles not collected by the 
composite mesh pad.
    Decorative chromium electroplating means the process by which a thin 
layer of chromium (typically 0.003 to 2.5 microns) is electrodeposited 
on a base metal, plastic, or undercoating to provide a bright surface 
with wear and tarnish resistance. In this process, the part(s) serves as 
the cathode in the electrolytic cell and the solution serves as the 
electrolyte. Typical current density applied during this process ranges 
from 540 to 2,400 Amperes per square meter (A/m2) for total plating 
times ranging between 0.5 to 5 minutes.
    Electroplating or anodizing bath means the electrolytic solution 
used as the conducting medium in which the flow of current is 
accompanied by movement of metal ions for the purposes of electroplating 
metal out of the solution onto a workpiece or for oxidizing the base 
material.
    Emission limitation means, for the purposes of this subpart, the 
concentration of total chromium allowed to be emitted expressed in 
milligrams per dry standard cubic meter (mg/dscm), or the allowable 
surface tension expressed in dynes per centimeter (dynes/cm).
    Facility means the major or area source at which chromium 
electroplating or chromium anodizing is performed.
    Fiber-bed mist eliminator means an add-on air pollution control 
device that removes contaminants from a gas stream through the 
mechanisms of inertial impaction and Brownian diffusion. These devices 
are typically installed downstream of another control device, which 
serves to prevent plugging, and consist of one or more fiber beds. Each 
bed consists of a hollow cylinder formed from two concentric screens; 
the fiber between the screens may be fabricated from glass, ceramic 
plastic, or metal.
    Foam blanket means the type of chemical fume suppressant that 
generates a layer of foam across the surface of a solution when current 
is applied to that solution.
    Fresh water means water, such as tap water, that has not been 
previously used in a process operation or, if the water has been 
recycled from a process operation, it has been treated and meets the 
effluent guidelines for chromium wastewater.
    Hard chromium electroplating or industrial chromium electroplating 
means a process by which a thick layer of chromium (typically 1.3 to 760 
microns) is electrodeposited on a base material to provide a surface 
with functional properties such as wear resistance, a low coefficient of 
friction, hardness, and corrosion resistance. In this process, the part 
serves as the cathode in the electrolytic cell and the solution serves 
as the electrolyte. Hard chromium electroplating process is performed at 
current densities typically ranging from 1,600 to 6,500 A/m2 for 
total plating times ranging from 20 minutes to 36 hours depending upon 
the desired plate thickness.
    Hexavalent chromium means the form of chromium in a valence state of 
+6.
    Large, hard chromium electroplating facility means a facility that 
performs hard chromium electroplating and has a maximum cumulative 
potential rectifier capacity greater than or equal to 60 million ampere-
hours per year (amp-hr/yr).
    Maximum cumulative potential rectifier capacity means the summation 
of the total installed rectifier capacity associated with the hard 
chromium electroplating tanks at a facility, expressed in amperes, 
multiplied by the maximum potential operating schedule of 8,400 hours 
per year and 0.7, which assumes that electrodes are energized 70 percent 
of the total operating time. The maximum potential operating schedule is 
based on operating 24 hours per day, 7 days per week, 50 weeks per year.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter which, if achieved 
by itself

[[Page 677]]

or in combination with one or more other operating parameter values, 
determines that an owner or operator is in continual compliance with the 
applicable emission limitation or standard.
    Packed-bed scrubber means an add-on air pollution control device 
consisting of a single or double packed bed that contains packing media 
on which the chromic acid droplets impinge. The packed-bed section of 
the scrubber is followed by a mist eliminator to remove any water 
entrained from the packed-bed section.
    Research or laboratory operation means an operation whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and that is not involved in the manufacture of products for 
commercial sale in commerce, except in a de minimis manner.
    Small, hard chromium electroplating facility means a facility that 
performs hard chromium electroplating and has a maximum cumulative 
potential rectifier capacity less than 60 million amp-hr/yr.
    Stalagmometer means a device used to measure the surface tension of 
a solution.
    Surface tension means the property, due to molecular forces, that 
exists in the surface film of all liquids and tends to prevent liquid 
from spreading.
    Tank operation means the time in which current and/or voltage is 
being applied to a chromium electroplating tank or a chromium anodizing 
tank.
    Tensiometer means a device used to measure the surface tension of a 
solution.
    Trivalent chromium means the form of chromium in a valence state of 
+3.
    Trivalent chromium process means the process used for 
electrodeposition of a thin layer of chromium onto a base material using 
a trivalent chromium solution instead of a chromic acid solution.
    Wetting agent means the type of chemical fume suppressant that 
reduces the surface tension of a liquid.
    (b) Nomenclature. The nomenclature used in this subpart has the 
following meaning:
    (1) AMR=the allowable mass emission rate from each type of affected 
source subject to the same emission limitation in milligrams per hour 
(mg/hr).
    (2) AMRsys=the allowable mass emission rate from affected 
sources controlled by an add-on air pollution control device controlling 
emissions from multiple sources in mg/hr.
    (3) EL=the applicable emission limitation from Sec. 63.342 in 
milligrams per dry standard cubic meter (mg/dscm).
    (4) IAtotal=the sum of all inlet duct areas from both affected 
and nonaffected sources in meters squared.
    (5) IDAi=the total inlet area for all ducts associated with 
affected sources in meters squared.
    (6) IDAi,a=the total inlet duct area for all ducts conveying 
chromic acid from each type of affected source performing the same 
operation, or each type of affected source subject to the same emission 
limitation in meters squared.
    (7) VR=the total of ventilation rates for each type of affected 
source subject to the same emission limitation in dry standard cubic 
meters per minute (dscm/min).
    (8) VRinlet=the total ventilation rate from all inlet ducts 
associated with affected sources in dscm/min.
    (9) VRinlet,a=the total ventilation rate from all inlet ducts 
conveying chromic acid from each type of affected source performing the 
same operation, or each type of affected source subject to the same 
emission limitation in dscm/min.
    (10) VRtot=the average total ventilation rate for the three 
test runs as determined at the outlet by means of the Method 306 in 
appendix A of this part testing in dscm/min.



Sec. 63.342  Standards.

    (a) Each owner or operator of an affected source subject to the 
provisions of this subpart shall comply with these requirements on and 
after the compliance dates specified in Sec. 63.343(a). All affected 
sources are regulated by applying maximum achievable control technology.
    (b) Applicability of emission limits. (1) The emission limitations 
in this section apply only during tank operation, and also apply during 
periods of startup and shutdown as these are routine occurrences for 
affected sources subject to this subpart. The emission limitations do 
not apply during periods of

[[Page 678]]

malfunction, but the work practice standards that address operation and 
maintenance and that are required by paragraph (f) of this section must 
be followed during malfunctions.
    (2) If an owner or operator is controlling a group of tanks with a 
common add-on air pollution control device, the emission limitations of 
paragraphs (c), (d), and (e) of this section apply whenever any one 
affected source is operated. The emission limitation that applies to the 
group of affected sources is:
    (i) The emission limitation identified in paragraphs (c), (d), and 
(e) of this section if the affected sources are performing the same type 
of operation (e.g., hard chromium electroplating), are subject to the 
same emission limitation, and are not controlled by an add-on air 
pollution control device also controlling nonaffected sources;
    (ii) The emission limitation calculated according to 
Sec. 63.344(e)(3) if affected sources are performing the same type of 
operation, are subject to the same emission limitation, and are 
controlled with an add-on air pollution control device that is also 
controlling nonaffected sources; and
    (iii) The emission limitation calculated according to 
Sec. 63.344(e)(4) if affected sources are performing different types of 
operations, or affected sources are performing the same operations but 
subject to different emission limitations, and are controlled with an 
add-on air pollution control device that may also be controlling 
emissions from nonaffected sources.
    (c)(1) Standards for hard chromium electroplating tanks. During tank 
operation, each owner or operator of an existing, new, or reconstructed 
affected source shall control chromium emissions discharged to the 
atmosphere from that affected source by not allowing the concentration 
of total chromium in the exhaust gas stream discharged to the atmosphere 
to exceed:
    (i) 0.015 milligrams of total chromium per dry standard cubic meter 
(mg/dscm) of ventilation air (6.6 x 10-6 grains per dry standard 
cubic foot [gr/dscf]); or
    (ii) 0.03 mg/dscm (1.3 x 10-5 gr/dscf) if the hard chromium 
electroplating tank is an existing affected source and is located at a 
small, hard chromium electroplating facility.
    (2)(i) An owner or operator may demonstrate the size of a hard 
chromium electroplating facility through the definitions in 
Sec. 63.341(a). Alternatively, an owner or operator of a facility with a 
maximum cumulative potential rectifier capacity of 60 million amp-hr/yr 
or more may be considered small if the actual cumulative rectifier 
capacity is less than 60 million amp-hr/yr as demonstrated using the 
following procedures:
    (A) If records show that the facility's previous annual actual 
rectifier capacity was less than 60 million amp-hr/yr, by using 
nonresettable ampere-hr meters and keeping monthly records of actual 
ampere-hr usage for each 12-month rolling period following the 
compliance date in accordance with Sec. 63.346(b)(12). The actual 
cumulative rectifier capacity for the previous 12-month rolling period 
shall be tabulated monthly by adding the capacity for the current month 
to the capacities for the previous 11 months; or
    (B) By accepting a Federally-enforceable limit on the maximum 
cumulative potential rectifier capacity of a hard chromium 
electroplating facility and by maintaining monthly records in accordance 
with Sec. 63.346(b)(12) to demonstrate that the limit has not been 
exceeded. The actual cumulative rectifier capacity for the previous 12-
month rolling period shall be tabulated monthly by adding the capacity 
for the current month to the capacities for the previous 11 months.
    (ii) Once the monthly records required to be kept by 
Sec. 63.346(b)(12) and by this paragraph show that the actual cumulative 
rectifier capacity over the previous 12-month rolling period corresponds 
to the large designation, the owner or operator is subject to the 
emission limitation identified in paragraph (c)(1)(i) of this section, 
in accordance with the compliance schedule of Sec. 63.343(a)(5).
    (d) Standards for decorative chromium electroplating tanks using a 
chromic acid bath and chromium anodizing tanks. During tank operation, 
each owner or operator of an existing, new, or reconstructed affected 
source shall control chromium emissions discharged to the

[[Page 679]]

atmosphere from that affected source by either:
    (1) Not allowing the concentration of total chromium in the exhaust 
gas stream discharged to the atmosphere to exceed 0.01 mg/dscm 
(4.4 x 10-6 gr/dscf); or
    (2) If a chemical fume suppressant containing a wetting agent is 
used, by not allowing the surface tension of the electroplating or 
anodizing bath contained within the affected source to exceed 45 dynes 
per centimeter (dynes/cm) (3.1 x 10-3 pound-force per foot 
[lbf/ft]) at any time during operation of the tank.
    (e) Standards for decorative chromium electroplating tanks using a 
trivalent chromium bath. (1) Each owner or operator of an existing, new, 
or reconstructed decorative chromium electroplating tank that uses a 
trivalent chromium bath that incorporates a wetting agent as a bath 
ingredient is subject to the recordkeeping and reporting requirements of 
Secs. 63.346(b)(14) and 63.347(i), but are not subject to the work 
practice requirements of paragraph (f) of this section, or the 
continuous compliance monitoring requirements in Sec. 63.343(c). The 
wetting agent must be an ingredient in the trivalent chromium bath 
components purchased from vendors.
    (2) Each owner or operator of an existing, new, or reconstructed 
decorative chromium electroplating tank that uses a trivalent chromium 
bath that does not incorporate a wetting agent as a bath ingredient is 
subject to the standards of paragraph (d) of this section.
    (3) Each owner or operator of existing, new, or reconstructed 
decorative chromium electroplating tank that had been using a trivalent 
chromium bath that incorporates a wetting agent and ceases using this 
type of bath must fulfill the reporting requirements of 
Sec. 63.347(i)(3) and comply with the applicable emission limitation 
within the timeframe specified in Sec. 63.343(a)(7).
    (f) Work practice standards. The work practice standards of this 
section address operation and maintenance practices. All owners or 
operators subject to the standards in paragraphs (c) and (d) of this 
section are subject to these work practice standards.
    (1)(i) At all times, including periods of startup, shutdown, and 
malfunction, owners or operators shall operate and maintain any affected 
source, including associated air pollution control devices and 
monitoring equipment, in a manner consistent with good air pollution 
control practices, consistent with the operation and maintenance plan 
required by paragraph (f)(3) of this section.
    (ii) Malfunctions shall be corrected as soon as practicable after 
their occurrence in accordance with the operation and maintenance plan 
required by paragraph (f)(3) of this section.
    (iii) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable independent of emissions 
limitations or other requirements in relevant standards.
    (2)(i) Determination of whether acceptable 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 the operation and maintenance plan, procedures, and 
records; and inspection of the source.
    (ii) Based on the results of a determination made under paragraph 
(f)(2)(i) of this section, the Administrator may require that an owner 
or operator of an affected source make changes to the operation and 
maintenance plan required by paragraph (f)(3) of this section for that 
source. Revisions may be required if the Administrator finds that the 
plan:
    (A) Does not address a malfunction that has occurred;
    (B) Fails to provide for the operation of the affected source, the 
air pollution control techniques, or the control system and process 
monitoring equipment during a malfunction in a manner consistent with 
good air pollution control practices; or
    (C) Does not provide adequate procedures for correcting 
malfunctioning process equipment, air pollution control techniques, or 
monitoring equipment as quickly as practicable.
    (3) Operation and maintenance plan. (i) The owner or operator of an 
affected source subject to the work practices of

[[Page 680]]

this paragraph (f) shall prepare an operation and maintenance plan to be 
implemented no later than the compliance date. The plan shall be 
incorporated by reference into the source's title V permit, if and when 
a title V permit is required. The plan shall include the following 
elements:
    (A) The plan shall specify the operation and maintenance criteria 
for the affected source, the add-on air pollution control device (if 
such a device is used to comply with the emission limits), and the 
process and control system monitoring equipment, and shall include a 
standardized checklist to document the operation and maintenance of this 
equipment;
    (B) For sources using an add-on air pollution control device or 
monitoring equipment to comply with this subpart, the plan shall 
incorporate the work practice standards for that device or monitoring 
equipment, as identified in Table 1 of this section, if the specific 
equipment used is identified in Table 1 of this section;
    (C) If the specific equipment used is not identified in Table 1 of 
this section, the plan shall incorporate proposed work practice 
standards. These proposed work practice standards shall be submitted to 
the Administrator for approval as part of the submittal required under 
Sec. 63.343(d);
    (D) The plan shall specify procedures to be followed to ensure that 
equipment or process malfunctions due to poor maintenance or other 
preventable conditions do not occur; and
    (E) The plan shall include a systematic procedure for identifying 
malfunctions of process equipment, add-on air pollution control devices, 
and process and control system monitoring equipment and for implementing 
corrective actions to address such malfunctions.
    (ii) If the operation and maintenance plan fails to address or 
inadequately addresses an event that meets the characteristics of a 
malfunction at the time the plan is initially developed, the owner or 
operator shall revise the operation and maintenance plan within 45 days 
after such an event occurs. The revised plan shall include procedures 
for operating and maintaining the process equipment, add-on air 
pollution control device, or monitoring equipment during similar 
malfunction events, and a program for corrective action for such events.
    (iii) Recordkeeping associated with the operation and maintenance 
plan is identified in Sec. 63.346(b). Reporting associated with the 
operation and maintenance plan is identified in Sec. 63.347 (g) and (h) 
and paragraph (f)(3)(iv) of this section.
    (iv) If actions taken by the owner or operator during periods of 
malfunction are inconsistent with the procedures specified in the 
operation and maintenance plan required by paragraph (f)(3)(i) of this 
section, the owner or operator shall record the actions taken for that 
event and shall report by phone such actions within 2 working days after 
commencing actions inconsistent with the plan. This report shall be 
followed by a letter within 7 working days after the end of the event, 
unless the owner or operator makes alternative reporting arrangements, 
in advance, with the Administrator.
    (v) The owner or operator shall keep the written operation and 
maintenance plan on record after it is developed to be made available 
for inspection, upon request, by the Administrator for the life of the 
affected source or until the source is no longer subject to the 
provisions of this subpart. In addition, if the operation and 
maintenance plan is revised, the owner or operator shall keep previous 
(i.e., superseded) versions of the operation and maintenance plan on 
record to be made available for inspection, upon request, by the 
Administrator for a period of 5 years after each revision to the plan.
    (vi) To satisfy the requirements of paragraph (f)(3) of this 
section, the owner or operator may use applicable standard operating 
procedure (SOP) manuals, Occupational Safety and Health Administration 
(OSHA) plans, or other existing plans, provided the alternative plans 
meet the requirements of this section.
    (g) The standards in this section that apply to chromic acid baths 
shall not be met by using a reducing agent to change the form of 
chromium from hexavalent to trivalent.

[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 61 
FR 27787, June 3, 1996]

[[Page 681]]



                          Table 1 to Sec.  63.342.--Summary of Work Practice Standards                          
----------------------------------------------------------------------------------------------------------------
      Control technique                      Work practice standards                          Frequency         
----------------------------------------------------------------------------------------------------------------
Composite mesh-pad (CMP)       1. Visually inspect device to ensure there is        1. 1/quarter.               
 system.                        proper drainage, no chronic acid buildup on the                                 
                                pads, and no evidence of chemical attack on the                                 
                                structural integrity of the device.                                             
                               2. Visually inspect back portion of the mesh pad     2. 1/quarter.               
                                closest to the fan to ensure there is no                                        
                                breakthrough of chromic acid mist.                                              
                               3. Visually inspect ductwork from tank to the        3. 1/quarter.               
                                control device to ensure there are no leaks.                                    
                               4. Perform washdown of the composite mesh-pads in    4. Per manufacturer.        
                                accordance with manufacturers recommendations.                                  
Packed-bed scrubber (PSB)....  1. Visually inspect device to ensure there is        1. 1/quarter.               
                                proper drainage, no chromic acid buildup on the                                 
                                packed beds, and no evidence of chemical attack on                              
                                the structural integrity of the device.                                         
                               2. Visually inspect back portion of the chevron      2. 1/quarter.               
                                blade mist eliminator to ensure that it is dry and                              
                                there is no breakthrough of chromic acid mist.                                  
                               3. Same as number 3 above..........................  3. 1/quarter.               
                               4. Add fresh makeup water to the top of the packed   4. Whenever makeup is added.
                                bed a, b.                                                                       
PBS/CMP system...............  1. Same as for CMP system..........................  1. 1/quarter.               
                               2. Same as for CMP system..........................  2. 1/quarter.               
                               3. Same as for CMP system..........................  3. 1/quarter.               
                               4. Same as for CMP system..........................  4. Per manufacturer.        
Fiber-bed mist eliminator c..  1. Visually inspect fiber-bed unit and prefiltering  1. 1/quarter.               
                                device to ensure there is proper drainage, no                                   
                                chromic acid buildup in the units, and no evidence                              
                                of chemical attack on the structural integrity of                               
                                the devices.                                                                    
                               2. Visually inspect ductwork from tank or tanks to   2. 1/quarter.               
                                the control device to ensure there are no leaks.                                
                               3. Perform washdown of fiber elements in accordance  3. Per manufacturer.        
                                with manufacturers recommendations.                                             
Air pollution control device   To be proposed by the source for approval by the     To be proposed by the source
 (APCD) not listed in rule.     Administrator.                                       for approval by the        
                                                                                     Administrator.             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                              Monitoring Equipment                                              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Pitot tube...................  Backflush with water, or remove from the duct and    1/quarter.                  
                                rinse with fresh water. Replace in the duct and                                 
                                rotate 180 degrees to ensure that the same zero                                 
                                reading is obtained. Check pitot tube ends for                                  
                                damage. Replace pitot tube if cracked or fatigued.                              
Stalagmometer................  Follow manufacturers recommendations...............  ............................
----------------------------------------------------------------------------------------------------------------
a If greater than 50 percent of the scrubber water is drained (e.g., for maintenance purposes), makeup water may
  be added to the scrubber basin.                                                                               
b For horizontal-flow scrubbers, top is defined as the section of the unit directly above the packing media such
  that the makeup water would flow perpendicular to the air flow through the packing. For vertical-flow units,  
  the top is defined as the area downstream of the packing material such that the makeup water would flow       
  countercurrent to the air flow through the unit.                                                              
c Work practice standards for the control device installed upstream of the fiber-bed mist eliminator to prevent 
  plugging do not apply as long as the work practice standards for the fiber-bed unit are followed.             


[[Page 682]]



Sec. 63.343  Compliance provisions.

    (a) Compliance dates. (1) The owner or operator of an existing 
affected source shall comply with the emission limitations in 
Sec. 63.342 as follows:
    (i) No later than 1 year after January 25, 1995, if the affected 
source is a decorative chromium electroplating tank; and
    (ii) No later than 2 years after January 25, 1995, if the affected 
source is a hard chromium electroplating tank or a chromium anodizing 
tank.
    (2) The owner or operator of a new or reconstructed affected source 
that has an initial startup after January 25, 1995, shall comply 
immediately upon startup of the source. The owner or operator of a new 
or reconstructed affected source that has an initial startup after 
December 16, 1993 but before January 25, 1995, shall follow the 
compliance schedule of Sec. 63.6(b)(1).

[[Page 683]]

    (3) The owner or operator of an existing area source that increases 
actual or potential emissions of hazardous air pollutants such that the 
area source becomes a major source must comply with the provisions for 
existing major sources, including the reporting provisions of 
Sec. 63.347(g), immediately upon becoming a major source.
    (4) The owner or operator of a new area source (i.e., an area source 
for which construction or reconstruction was commenced after December 
16, 1993) that increases actual or potential emissions of hazardous air 
pollutants such that the area source becomes a major source must comply 
with the provisions for new major sources, immediately upon becoming a 
major source.
    (5) An owner or operator of an existing hard chromium electroplating 
tank or tanks located at a small, hard chromium electroplating facility 
that increases its maximum cumulative potential rectifier capacity, or 
its actual cumulative rectifier capacity, such that the facility becomes 
a large, hard chromium electroplating facility must comply with the 
requirements of Sec. 63.342(c)(1)(i) for all hard chromium 
electroplating tanks at the facility no later than 1 year after the 
month in which monthly records required by Secs. 63.342(c)(2) and 
63.346(b)(12) show that the large designation is met, or by the 
compliance date specified in paragraph (a)(1)(ii) of this section, 
whichever is later.
    (6) Request for an extension of compliance. An owner or operator of 
an affected source or sources that requests an extension of compliance 
shall do so in accordance with this paragraph and the applicable 
paragraphs of Sec. 63.6(i). When the owner or operator is requesting the 
extension for more than one affected source located at the facility, 
then only one request may be submitted for all affected sources at the 
facility.
    (i) The owner or operator of an existing affected source who is 
unable to comply with a relevant standard under this subpart may request 
that the Administrator (or a State, when the State has an approved part 
70 permit program and the source is required to obtain a part 70 permit 
under that program, or a State, when the State has been delegated the 
authority to implement and enforce the emission standard for that 
source) grant an extension allowing the owner or operator up to 1 
additional year to comply with the standard for the affected source. The 
owner or operator of an affected source who has requested an extension 
of compliance under this paragraph and is otherwise required to obtain a 
title V permit for the source shall apply for such permit or apply to 
have the title V permit revised to incorporate the conditions of the 
extension of compliance. The conditions of an extension of compliance 
granted under this paragraph will be incorporated into the owner or 
operator's title V permit for the affected source(s) according to the 
provisions of 40 CFR part 70 or 40 CFR part 71, whichever is applicable.
    (ii) Any request under this paragraph for an extension of compliance 
with a relevant standard shall be submitted in writing to the 
appropriate authority not later than 6 months before the affected 
source's compliance date as specified in this section.
    (7) An owner or operator of a decorative chromium electroplating 
tank that uses a trivalent chromium bath that incorporates a wetting 
agent, and that ceases using the trivalent chromium process, must comply 
with the emission limitation now applicable to the tank within 1 year of 
switching bath operation.
    (b) Methods to demonstrate initial compliance. (1) Except as 
provided in paragraphs (b)(2) and (b)(3) of this section, an owner or 
operator of an affected source subject to the requirements of this 
subpart is required to conduct an initial performance test as required 
under Sec. 63.7, using the procedures and test methods listed in 
Sec. 63.7 and Sec. 63.344.
    (2) If the owner or operator of an affected source meets all of the 
following criteria, an initial performance test is not required to be 
conducted under this subpart:
    (i) The affected source is a decorative chromium electroplating tank 
or a chromium anodizing tank; and
    (ii) A wetting agent is used in the plating or anodizing bath to 
inhibit chromium emissions from the affected source; and

[[Page 684]]

    (iii) The owner or operator complies with the applicable surface 
tension limit of Sec. 63.342(d)(2) as demonstrated through the 
continuous compliance monitoring required by paragraph (c)(5)(ii) of 
this section.
    (3) If the affected source is a decorative chromium electroplating 
tank using a trivalent chromium bath, and the owner or operator is 
subject to the provisions of Sec. 63.342(e), an initial performance test 
is not required to be conducted under this subpart.
    (c) Monitoring to demonstrate continuous compliance. The owner or 
operator of an affected source subject to the emission limitations of 
this subpart shall conduct monitoring according to the type of air 
pollution control technique that is used to comply with the emission 
limitation. The monitoring required to demonstrate continuous compliance 
with the emission limitations is identified in this section for the air 
pollution control techniques expected to be used by the owners or 
operators of affected sources.
    (1) Composite mesh-pad systems. (i) During the initial performance 
test, the owner or operator of an affected source, or a group of 
affected sources under common control, complying with the emission 
limitations in Sec. 63.342 through the use of a composite mesh-pad 
system shall determine the outlet chromium concentration using the test 
methods and procedures in Sec. 63.344(c), and shall establish as a site-
specific operating parameter the pressure drop across the system, 
setting the value that corresponds to compliance with the applicable 
emission limitation, using the procedures in Sec. 63.344(d)(5). An owner 
or operator may conduct multiple performance tests to establish a range 
of compliant pressure drop values, or may set as the compliant value the 
average pressure drop measured over the three test runs of one 
performance test and accept 1 inch of water column from this 
value as the compliant range.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source, or group of affected sources under common control, 
shall monitor and record the pressure drop across the composite mesh-pad 
system once each day that any affected source is operating. To be in 
compliance with the standards, the composite mesh-pad system shall be 
operated within 1 inch of water column of the pressure drop 
value established during the initial performance test, or shall be 
operated within the range of compliant values for pressure drop 
established during multiple performance tests.
    (2) Packed-bed scrubber systems. (i) During the initial performance 
test, the owner or operator of an affected source, or group of affected 
sources under common control, complying with the emission limitations in 
Sec. 63.342 through the use of a packed-bed scrubber system shall 
determine the outlet chromium concentration using the procedures in 
Sec. 63.344(c), and shall establish as site-specific operating 
parameters the pressure drop across the system and the velocity pressure 
at the common inlet of the control device, setting the value that 
corresponds to compliance with the applicable emission limitation using 
the procedures in Sec. 63.344(d) (4) and (5). An owner or operator may 
conduct multiple performance tests to establish a range of compliant 
operating parameter values. Alternatively, the owner or operator may set 
as the compliant value the average pressure drop and inlet velocity 
pressure measured over the three test runs of one performance test, and 
accept 1 inch of water column from the pressure drop value 
and 10 percent from the velocity pressure value as the 
compliant range.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source, or group of affected sources under common control, 
shall monitor and record the velocity pressure at the inlet to the 
packed-bed scrubber and the pressure drop across the scrubber system 
once each day that any affected source is operating. To be in compliance 
with the standards, the scrubber system shall be operated within 
10 percent of the velocity pressure value established during 
the initial performance test, and within 1 inch of water 
column of the pressure drop value established during the initial 
performance test, or within

[[Page 685]]

the range of compliant operating parameter values established during 
multiple performance tests.
    (3) Packed-bed scrubber/composite mesh-pad system. The owner or 
operator of an affected source, or group of affected sources under 
common control, that uses a packed-bed scrubber in conjunction with a 
composite mesh-pad system to meet the emission limitations of 
Sec. 63.342 shall comply with the monitoring requirements for composite 
mesh-pad systems as identified in paragraph (c)(1) of this section.
    (4) Fiber-bed mist eliminator. (i) During the initial performance 
test, the owner or operator of an affected source, or group of affected 
sources under common control, complying with the emission limitations in 
Sec. 63.342 through the use of a fiber-bed mist eliminator shall 
determine the outlet chromium concentration using the procedures in 
Sec. 63.344(c), and shall establish as a site-specific operating 
parameter the pressure drop across the fiber-bed mist eliminator and the 
pressure drop across the control device installed upstream of the fiber 
bed to prevent plugging, setting the value that corresponds to 
compliance with the applicable emission limitation using the procedures 
in Sec. 63.344(d)(5). An owner or operator may conduct multiple 
performance tests to establish a range of compliant pressure drop 
values, or may set as the compliant value the average pressure drop 
measured over the three test runs of one performance test and accept 
 1 inch of water column from this value as the compliant 
range.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source, or group of affected sources under common control, 
shall monitor and record the pressure drop across the fiber-bed mist 
eliminator, and the control device installed upstream of the fiber bed 
to prevent plugging, once each day that any affected source is 
operating. To be in compliance with the standards, the fiber-bed mist 
eliminator and the upstream control device shall be operated within 
 1 inch of water column of the pressure drop value 
established during the initial performance test, or shall be operated 
within the range of compliant values for pressure drop established 
during multiple performance tests.
    (5) Wetting agent-type or combination wetting agent-type/foam 
blanket fume suppressants. (i) During the initial performance test, the 
owner or operator of an affected source complying with the emission 
limitations in Sec. 63.342 through the use of a wetting agent in the 
electroplating or anodizing bath shall determine the outlet chromium 
concentration using the procedures in Sec. 63.344(c). The owner or 
operator shall establish as the site-specific operating parameter the 
surface tension of the bath using Method 306B, appendix A of this part, 
setting the maximum value that corresponds to compliance with the 
applicable emission limitation. In lieu of establishing the maximum 
surface tension during the performance test, the owner or operator may 
accept 45 dynes/cm as the maximum surface tension value that corresponds 
to compliance with the applicable emission limitation. However, the 
owner or operator is exempt from conducting a performance test only if 
the criteria of paragraph (b)(2) of this section are met.
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source shall monitor the surface tension of the electroplating 
or anodizing bath. Operation of the affected source at a surface tension 
greater than the value established during the performance test, or 
greater than 45 dynes/cm if the owner or operator is using this value in 
accordance with paragraph (c)(5)(i) of this section, shall constitute 
noncompliance with the standards. The surface tension shall be monitored 
according to the following schedule:
    (A) The surface tension shall be measured once every 4 hours during 
operation of the tank with a stalagmometer or a tensiometer as specified 
in Method 306B, appendix A of this part.
    (B) The time between monitoring can be increased if there have been 
no exceedances. The surface tension shall be measured once every 4 hours 
of tank operation for the first 40 hours of tank operation after the 
compliance date. Once there are no exceedances during 40 hours of tank 
operation, surface tension measurement may be conducted

[[Page 686]]

once every 8 hours of tank operation. Once there are no exceedances 
during 40 hours of tank operation, surface tension measurement may be 
conducted once every 40 hours of tank operation on an ongoing basis, 
until an exceedance occurs. The minimum frequency of monitoring allowed 
by this subpart is once every 40 hours of tank operation.
    (C) Once an exceedance occurs as indicated through surface tension 
monitoring, the original monitoring schedule of once every 4 hours must 
be resumed. A subsequent decrease in frequency shall follow the schedule 
laid out in paragraph (c)(5)(ii)(B) of this section. For example, if an 
owner or operator had been monitoring an affected source once every 40 
hours and an exceedance occurs, subsequent monitoring would take place 
once every 4 hours of tank operation. Once an exceedance does not occur 
for 40 hours of tank operation, monitoring can occur once every 8 hours 
of tank operation. Once an exceedance does not occur for 40 hours of 
tank operation on this schedule, monitoring can occur once every 40 
hours of tank operation.
    (iii) Once a bath solution is drained from the affected tank and a 
new solution added, the original monitoring schedule of once every 4 
hours must be resumed, with a decrease in monitoring frequency allowed 
following the procedures of paragraphs (c)(5)(ii) (B) and (C) of this 
section.
    (6) Foam blanket-type fume suppressants. (i) During the initial 
performance test, the owner or operator of an affected source complying 
with the emission limitations in Sec. 63.342 through the use of a foam 
blanket in the electroplating or anodizing bath shall determine the 
outlet chromium concentration using the procedures in Sec. 63.344(c), 
and shall establish as the site-specific operating parameter the 
thickness of the foam blanket, setting the minimum thickness that 
corresponds to compliance with the applicable emission limitation. In 
lieu of establishing the minimum foam blanket thickness during the 
performance test, the owner or operator may accept 2.54 centimeters (1 
inch) as the minimum foam blanket thickness that corresponds to 
compliance with the applicable emission limitation. All foam blanket 
measurements must be taken in close proximity to the workpiece or 
cathode area in the plating tank(s).
    (ii) On and after the date on which the initial performance test is 
required to be completed under Sec. 63.7, the owner or operator of an 
affected source shall monitor the foam blanket thickness of the 
electroplating or anodizing bath. Operation of the affected source at a 
foam blanket thickness less than the value established during the 
performance test, or less than 2.54 cm (1 inch) if the owner or operator 
is using this value in accordance with paragraph (c)(6)(i) of this 
section, shall constitute noncompliance with the standards. The foam 
blanket thickness shall be measured according to the following schedule:
    (A) The foam blanket thickness shall be measured once every 1 hour 
of tank operation.
    (B) The time between monitoring can be increased if there have been 
no exceedances. The foam blanket thickness shall be measured once every 
hour of tank operation for the first 40 hours of tank operation after 
the compliance date. Once there are no exceedances for 40 hours of tank 
operation, foam blanket thickness measurement may be conducted once 
every 4 hours of tank operation. Once there are no exceedances during 40 
hours of tank operation, foam blanket thickness measurement may be 
conducted once every 8 hours of tank operation on an ongoing basis, 
until an exceedance occurs. The minimum frequency of monitoring allowed 
by this subpart is once per 8 hours of tank operation.
    (C) Once an exceedance occurs as indicated through foam blanket 
thickness monitoring, the original monitoring schedule of once every 
hour must be resumed. A subsequent decrease in frequency shall follow 
the schedule laid out in paragraph (c)(6)(ii)(B) of this section. For 
example, if an owner or operator had been monitoring an affected source 
once every 8 hours and an exceedance occurs, subsequent monitoring would 
take place once every hour of tank operation. Once an exceedance does 
not occur for 40 hours of tank operation, monitoring can

[[Page 687]]

occur once every 4 hours of tank operation. Once an exceedance does not 
occur for 40 hours of tank operation on this schedule, monitoring can 
occur once every 8 hours of tank operation.
    (iii) Once a bath solution is drained from the affected tank and a 
new solution added, the original monitoring schedule of once every hour 
must be resumed, with a decrease in monitoring frequency allowed 
following the procedures of paragraphs (c)(6)(ii) (B) and (C) of this 
section.
    (7) Fume suppressant/add-on control device. (i) If the owner or 
operator of an affected source uses both a fume suppressant and add-on 
control device and both are needed to comply with the applicable 
emission limit, monitoring requirements as identified in paragraphs (c) 
(1) through (6) of this section, and the work practice standards of 
Table 1 of Sec. 63.342, apply for each of the control techniques used.
    (ii) If the owner or operator of an affected source uses both a fume 
suppressant and add-on control device, but only one of these techniques 
is needed to comply with the applicable emission limit, monitoring 
requirements as identified in paragraphs (c) (1) through (6) of this 
section, and work practice standards of Table 1 of Sec. 63.342, apply 
only for the control technique used to achieve compliance.
    (8) Use of an alternative monitoring method. (i) Requests and 
approvals of alternative monitoring methods shall be considered in 
accordance with Sec. 63.8(f)(1), (f)(3), (f)(4), and (f)(5).
    (ii) After receipt and consideration of an application for an 
alternative monitoring method, the Administrator may approve 
alternatives to any monitoring methods or procedures of this subpart 
including, but not limited to, the following:
    (A) Alternative monitoring requirements when installation or use of 
monitoring devices specified in this subpart would not provide accurate 
measurements due to interferences caused by substances within the 
effluent gases; or
    (B) Alternative locations for installing monitoring devices when the 
owner or operator can demonstrate that installation at alternate 
locations will enable accurate and representative measurements.
    (d) An owner or operator who uses an air pollution control device 
not listed in this section shall submit a description of the device, 
test results collected in accordance with Sec. 63.344(c) verifying the 
performance of the device for reducing chromium emissions to the 
atmosphere to the level required by this subpart, a copy of the 
operation and maintenance plan referenced in Sec. 63.342(f) including 
proposed work practice standards, and appropriate operating parameters 
that will be monitored to establish continuous compliance with the 
standards. The monitoring plan submitted identifying the continuous 
compliance monitoring is subject to the Administrator's approval.

[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995]



Sec. 63.344  Performance test requirements and test methods.

    (a) Performance test requirements. Performance tests shall be 
conducted using the test methods and procedures in this section and 
Sec. 63.7. Performance test results shall be documented in complete test 
reports that contain the information required by paragraphs (a)(1) 
through (a)(9) of this section. The test plan to be followed shall be 
made available to the Administrator prior to the testing, if requested.
    (1) A brief process description;
    (2) Sampling location description(s);
    (3) A description of sampling and analytical procedures and any 
modifications to standard procedures;
    (4) Test results;
    (5) Quality assurance procedures and results;
    (6) Records of operating conditions during the test, preparation of 
standards, and calibration procedures;
    (7) Raw data sheets for field sampling and field and laboratory 
analyses;
    (8) Documentation of calculations; and
    (9) Any other information required by the test method.
    (b)(1) If the owner or operator of an affected source conducts 
performance testing at startup to obtain an operating permit in the 
State in which the affected source is located, the results of such 
testing may be used to demonstrate compliance with this subpart if:

[[Page 688]]

    (i) The test methods and procedures identified in paragraph (c) of 
this section were used during the performance test;
    (ii) The performance test was conducted under representative 
operating conditions for the source;
    (iii) The performance test report contains the elements required by 
paragraph (a) of this section; and
    (iv) The owner or operator of the affected source for which the 
performance test was conducted has sufficient data to establish the 
operating parameter value(s) that correspond to compliance with the 
standards, as required for continuous compliance monitoring under 
Sec. 63.343(c).
    (2) The results of tests conducted prior to December 1991 in which 
Method 306A, appendix A of this part, was used to demonstrate the 
performance of a control technique are not acceptable.
    (c) Test methods. Each owner or operator subject to the provisions 
of this subpart and required by Sec. 63.343(b) to conduct an initial 
performance test shall use the test methods identified in this section 
to demonstrate compliance with the standards in Sec. 63.342.
    (1) Method 306 or Method 306A, ``Determination of Chromium Emissions 
From Decorative and Hard Chromium Electroplating and Anodizing 
Operations,'' appendix A of this part shall be used to determine the 
chromium concentration from hard or decorative chromium electroplating 
tanks or chromium anodizing tanks. The sampling time and sample volume 
for each run of Methods 306 and 306A, appendix A of this part shall be 
at least 120 minutes and 1.70 dscm (60 dscf), respectively. Methods 306 
and 306A, appendix A of this part allow the measurement of either total 
chromium or hexavalent chromium emissions. For the purposes of this 
standard, sources using chromic acid baths can demonstrate compliance 
with the emission limits of Sec. 63.342 by measuring either total 
chromium or hexavalent chromium. Hence, the hexavalent chromium 
concentration measured by these methods is equal to the total chromium 
concentration for the affected operations.
    (2) The California Air Resources Board (CARB) Method 425 (which is 
available by contacting the California Air Resources Board, 1102 Q 
Street, Sacramento, California 95814) may be used to determine the 
chromium concentration from hard and decorative chromium electroplating 
tanks and chromium anodizing tanks if the following conditions are met:
    (i) If a colorimetric analysis method is used, the sampling time and 
volume shall be sufficient to result in 33 to 66 micrograms of catch in 
the sampling train.
    (ii) If Atomic Absorption Graphite Furnace (AAGF) or Ion 
Chromatography with a Post-column Reactor (ICPCR) analyses were used, 
the sampling time and volume should be sufficient to result in a sample 
catch that is 5 to 10 times the minimum detection limit of the 
analytical method (i.e., 1.0 microgram per liter of sample for AAGF and 
0.5 microgram per liter of sample for ICPCR).
    (iii) In the case of either paragraph (c)(2) (i) or (ii) of this 
section, a minimum of 3 separate runs must be conducted. The other 
requirements of Sec. 63.7 that apply to affected sources, as indicated 
in Table 1 of this subpart, must also be met.
    (3) Method 306B, ``Surface Tension Measurement and Recordkeeping for 
Tanks Used at Decorative Chromium Electroplating and Anodizing 
Facilities,'' appendix A of this part shall be used to measure the 
surface tension of electroplating and anodizing baths.
    (4) Alternate test methods may also be used if the method has been 
validated using Method 301, appendix A of this part and if approved by 
the Administrator. Procedures for requesting and obtaining approval are 
contained in Sec. 63.7(f).
    (d) Establishing site-specific operating parameter values. (1) Each 
owner or operator required to establish site-specific operating 
parameters shall follow the procedures in this section.
    (2) All monitoring equipment shall be installed such that 
representative measurements of emissions or process parameters from the 
affected source are obtained. For monitoring equipment purchased from a 
vendor, verification of the operational status of the monitoring 
equipment shall include execution of the manufacturer's

[[Page 689]]

written specifications or recommendations for installation, operation, 
and calibration of the system.
    (i) Specifications for differential pressure measurement devices 
used to measure velocity pressure shall be in accordance with section 
2.2 of Method 2 (40 CFR part 60, appendix A).
    (ii) Specification for differential pressure measurement devices 
used to measure pressure drop across a control system shall be in 
accordance with manufacturer's accuracy specifications.
    (3) The surface tension of electroplating and anodizing baths shall 
be measured using Method 306B, ``Surface Tension Measurement and 
Recordkeeping for Tanks used at Decorative Chromium Electroplating and 
Anodizing Facilities,'' appendix A of this part. This method should also 
be followed when wetting agent type or combination wetting agent/foam 
blanket type fume suppressants are used to control chromium emissions 
from a hard chromium electroplating tank and surface tension measurement 
is conducted to demonstrate continuous compliance.
    (4) The owner or operator of a source required to measure the 
velocity pressure at the inlet to an add-on air pollution control device 
in accordance with Sec. 63.343(c)(2), shall establish the site-specific 
velocity pressure as follows:
    (i) Locate a velocity traverse port in a section of straight duct 
that connects the hooding on the plating tank or tanks with the control 
device. The port shall be located as close to the control system as 
possible, and shall be placed a minimum of 2 duct diameters downstream 
and 0.5 diameter upstream of any flow disturbance such as a bend, 
expansion, or contraction (see Method 1, 40 CFR part 60, appendix A). If 
2.5 diameters of straight duct work does not exist, locate the port 0.8 
of the duct diameter downstream and 0.2 of the duct diameter upstream 
from any flow disturbance.
    (ii) A 12-point velocity traverse of the duct to the control device 
shall be conducted along a single axis according to Method 2 (40 CFR 
part 60, appendix A) using an S-type pitot tube; measurement of the 
barometric pressure and duct temperature at each traverse point is not 
required, but is suggested. Mark the S-type pitot tube as specified in 
Method 1 (40 CFR part 60, appendix A) with 12 points. Measure the 
velocity pressure (p) values for the velocity points and 
record. Determine the square root of the individual velocity point 
p values and average. The point with the square root value that 
comes closest to the average square root value is the point of average 
velocity. The p value measured for this point during the 
performance test will be used as the reference for future monitoring.
    (5) The owner or operator of a source required to measure the 
pressure drop across the add-on air pollution control device in 
accordance with Sec. 63.343(c) (1) through (4) may establish the 
pressure drop in accordance with the following guidelines:
    (i) Pressure taps shall be installed at any of the following 
locations:
    (A) At the inlet and outlet of the control system. The inlet tap 
should be installed in the ductwork just prior to the control device and 
the corresponding outlet pressure tap should be installed on the outlet 
side of the control device prior to the blower or on the downstream side 
of the blower;
    (B) On each side of the packed bed within the control system or on 
each side of each mesh pad within the control system; or
    (C) On the front side of the first mesh pad and back side of the 
last mesh pad within the control system.
    (ii) Pressure taps shall be sited at locations that are:
    (A) Free from pluggage as possible and away from any flow 
disturbances such as cyclonic demisters.
    (B) Situated such that no air infiltration at measurement site will 
occur that could bias the measurement.
    (iii) Pressure taps shall be constructed of either polyethylene, 
polybutylene, or other nonreactive materials.
    (iv) Nonreactive plastic tubing shall be used to connect the 
pressure taps to the device used to measure pressure drop.
    (v) Any of the following pressure gauges can be used to monitor 
pressure drop: a magnehelic gauge, an inclined manometer, or a ``U'' 
tube manometer.

[[Page 690]]

    (vi) Prior to connecting any pressure lines to the pressure 
gauge(s), each gauge should be zeroed. No calibration of the pressure 
gauges is required.
    (e) Special compliance provisions for multiple sources controlled by 
a common add-on air pollution control device. (1) This section 
identifies procedures for measuring the outlet chromium concentration 
from an add-on air pollution control device that is used to control 
multiple sources that may or may not include sources not affected by 
this subpart.
    (2) When multiple affected sources performing the same type of 
operation (e.g., all are performing hard chromium electroplating), and 
subject to the same emission limitation, are controlled with an add-on 
air pollution control device that is not controlling emissions from any 
other type of affected operation or from any nonaffected sources, the 
applicable emission limitation identified in Sec. 63.342 must be met at 
the outlet of the add-on air pollution control device.
    (3) When multiple affected sources performing the same type of 
operation and subject to the same emission limitation are controlled 
with a common add-on air pollution control device that is also 
controlling emissions from sources not affected by these standards, the 
following procedures should be followed to determine compliance with the 
applicable emission limitation in Sec. 63.342:
    (i) Calculate the cross-sectional area of each inlet duct (i.e., 
uptakes from each hood) including those not affected by the standard.
    (ii) Determine the total sample time per test run by dividing the 
total inlet area from all tanks connected to the control system by the 
total inlet area for all ducts associated with affected sources, and 
then multiply this number by 2 hours. The calculated time is the minimum 
sample time required per test run.
    (iii) Perform Method 306 testing and calculate an outlet mass 
emission rate.
    (iv) Determine the total ventilation rate from the affected sources 
by using equation 1:
[GRAPHIC] [TIFF OMITTED] TR25JA95.000

where VRtot is the average total ventilation rate in dscm/min for 
the three test runs as determined at the outlet by means of the Method 
306 testing; IDAi is the total inlet area for all ducts associated 
with affected sources; IAtotal is the sum of all inlet duct areas 
from both affected and nonaffected sources; and VRinlet is the 
total ventilation rate from all inlet ducts associated with affected 
sources.
    (v) Establish the allowable mass emission rate of the system 
(AMRsys) in milligrams of total chromium per hour (mg/hr) using 
equation 2:
[GRAPHIC] [TIFF OMITTED] TR25JA95.001

where  VRinlet is the total ventilation rate in dscm/min 
from the affected sources, and EL is the applicable emission limitation 
from Sec. 63.342 in mg/dscm. The allowable mass emission rate 
(AMRsys) calculated from equation 2 should be equal to or more than 
the outlet three-run average mass emission rate determined from Method 
306 testing in order for the source to be in compliance with the 
standard.
    (4) When multiple affected sources performing different types of 
operations (e.g., hard chromium electroplating, decorative chromium 
electroplating, or chromium anodizing) are controlled by a common add-on 
air pollution control device that may or may not also be controlling 
emissions from sources not affected by these standards, or if the 
affected sources controlled by the common add-on air pollution control 
device perform the same operation but are subject to different emission 
limitations (e.g., because one is a new hard chromium plating tank

[[Page 691]]

and one is an existing small, hard chromium plating tank), the following 
procedures should be followed to determine compliance with the 
applicable emission limitation in Sec. 63.342:
    (i) Follow the steps outlined in paragraphs (e)(3)(i) through 
(e)(3)(iii) of this section.
    (ii) Determine the total ventilation rate for each type of affected 
source using equation 3:
[GRAPHIC] [TIFF OMITTED] TR25JA95.002

where VRtot is the average total ventilation rate in dscm/min for 
the three test runs as determined at the outlet by means of the Method 
306 testing; IDAi,a is the total inlet duct area for all ducts 
conveying chromic acid from each type of affected source performing the 
same operation, or each type of affected source subject to the same 
emission limitation; IAtotal is the sum of all duct areas from both 
affected and nonaffected sources; and VRinlet,a is the total 
ventilation rate from all inlet ducts conveying chromic acid from each 
type of affected source performing the same operation, or each type of 
affected source subject to the same emission limitation.
    (iii) Establish the allowable mass emission rate in mg/hr for each 
type of affected source that is controlled by the add-on air pollution 
control device using equation 4, 5, 6, or 7 as appropriate:

VRhc1  x  ELhc1  x  60 minutes/hour = AMRhc1     (4)

VRhc2  x  ELhc2  x  60 minutes/hour = AMRhc2    (5)

 VRdc    x  ELdc    x  60 minutes/hour = AMRdc    (6)

 VRca    x  ELca    x  60 minutes/hour = AMRca    (7)

where ``hc'' applies to the total of ventilation rates for all hard 
chromium electroplating tanks subject to the same emission limitation, 
``dc'' applies to the total of ventilation rates for the decorative 
chromium electroplating tanks, ``ca'' applies to the total of 
ventilation rates for the chromium anodizing tanks, and EL is the 
applicable emission limitation from Sec. 63.342 in mg/dscm. There are 
two equations for hard chromium electroplating tanks because different 
emission limitations may apply (e.g., a new tank versus an existing, 
small tank).
    (iv) Establish the allowable mass emission rate (AMR) in mg/hr for 
the system using equation 8, including each type of affected source as 
appropriate:

 AMRhc1 + AMRhc2 + AMRdc + AMRca = AMRsys    
(8)

The allowable mass emission rate calculated from equation 8 should be 
equal to or more than the outlet three-run average mass emission rate 
determined from Method 306 testing in order for the source to be in 
compliance with the standards.
    (5) Each owner or operator that uses the special compliance 
provisions of this paragraph to demonstrate compliance with the emission 
limitations of Sec. 63.342 shall submit the measurements and 
calculations to support these compliance methods with the notification 
of compliance status required by Sec. 63.347(e).
    (6) Each owner or operator that uses the special compliance 
provisions of this section to demonstrate compliance with the emission 
limitations of Sec. 63.342 shall repeat these procedures if a tank is 
added or removed from the control system regardless of whether that tank 
is a nonaffected source. If the new nonaffected tank replaces an 
existing nonaffected tank of the same size and is connected to the 
control system through the same size inlet duct then this procedure does 
not have to be repeated.

[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996]



Sec. 63.345  Provisions for new and reconstructed sources.

    (a) This section identifies the preconstruction review requirements 
for new and reconstructed affected sources that are subject to, or 
become subject to, this subpart.
    (b) New or reconstructed affected sources. The owner or operator of 
a new or reconstructed affected source is subject to Sec. 63.5(a), 
(b)(1), (b)(5), (b)(6), and (f)(1), as well as the provisions of this 
paragraph.

[[Page 692]]

    (1) After January 25, 1995, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, no person may construct a new affected source or 
reconstruct an affected source subject to this subpart, or reconstruct a 
source such that it becomes an affected source subject to this subpart, 
without submitting a notification of construction or reconstruction to 
the Administrator. The notification shall contain the information 
identified in paragraphs (b) (2) and (3) of this section, as 
appropriate.
    (2) The notification of construction or reconstruction required 
under paragraph (b)(1) of this section shall include:
    (i) The owner or operator's name, title, and address;
    (ii) The address (i.e., physical location) or proposed address of 
the affected source if different from the owner's or operator's;
    (iii) A notification of intention to construct a new affected source 
or make any physical or operational changes to an affected source that 
may meet or has been determined to meet the criteria for a 
reconstruction as defined in Sec. 63.2;
    (iv) An identification of subpart N of this part as the basis for 
the notification;
    (v) The expected commencement and completion dates of the 
construction or reconstruction;
    (vi) The anticipated date of (initial) startup of the affected 
source;
    (vii) The type of process operation to be performed (hard or 
decorative chromium electroplating, or chromium anodizing);
    (viii) A description of the air pollution control technique to be 
used to control emissions from the affected source, such as preliminary 
design drawings and design capacity if an add-on air pollution control 
device is used; and
    (ix) An estimate of emissions from the source based on engineering 
calculations and vendor information on control device efficiency, 
expressed in units consistent with the emission limits of this subpart. 
Calculations of emission estimates should be in sufficient detail to 
permit assessment of the validity of the calculations.
    (3) If a reconstruction is to occur, the notification required under 
paragraph (b)(1) of this section shall include the following in addition 
to the information required in paragraph (b)(2) of this section:
    (i) A brief description of the affected source and the components to 
be replaced;
    (ii) A brief description of the present and proposed emission 
control technique, including the information required by paragraphs 
(b)(2) (viii) and (ix) of this section;
    (iii) An estimate of the fixed capital cost of the replacements and 
of constructing a comparable entirely new source;
    (iv) The estimated life of the affected source after the 
replacements; and
    (v) A discussion of any economic or technical limitations the source 
may have in complying with relevant standards or other requirements 
after the proposed replacements. The discussion shall be sufficiently 
detailed to demonstrate to the Administrator's satisfaction that the 
technical or economic limitations affect the source's ability to comply 
with the relevant standard and how they do so.
    (vi) If in the notification of reconstruction, the owner or operator 
designates the affected source as a reconstructed source and declares 
that there are no economic or technical limitations to prevent the 
source from complying with all relevant standards or requirements, the 
owner or operator need not submit the information required in paragraphs 
(b)(3) (iii) through (v) of this section.
    (4) The owner or operator of a new or reconstructed affected source 
that submits a notification in accordance with paragraphs (b) (1) 
through (3) of this section is not subject to approval by the 
Administrator. Construction or reconstruction is subject only to 
notification and can begin upon submission of a complete notification.
    (5) Submittal timeframes. After January 25, 1995, whether or not an 
approved permit program is effective in the State in which an affected 
source is (or would be) located, an owner or operator of a new or 
reconstructed affected

[[Page 693]]

source shall submit the notification of construction or reconstruction 
required by paragraph (b)(1) of this section according to the following 
schedule:
    (i) If construction or reconstruction commences after January 25, 
1995, the notification shall be submitted as soon as practicable before 
the construction or reconstruction is planned to commence.
    (ii) If the construction or reconstruction had commenced and initial 
startup had not occurred before January 25, 1995, the notification shall 
be submitted as soon as practicable before startup but no later than 60 
days after January 25, 1995.



Sec. 63.346  Recordkeeping requirements.

    (a) The owner or operator of each affected source subject to these 
standards shall fulfill all recordkeeping requirements outlined in this 
section and in the General Provisions to 40 CFR part 63, according to 
the applicability of subpart A of this part as identified in Table 1 of 
this subpart.
    (b) The owner or operator of an affected source subject to the 
provisions of this subpart shall maintain the following records for such 
source:
    (1) Inspection records for the add-on air pollution control device, 
if such a device is used, and monitoring equipment, to document that the 
inspection and maintenance required by the work practice standards of 
Sec. 63.342(f) and Table 1 of Sec. 63.342 have taken place. The record 
can take the form of a checklist and should identify the device 
inspected, the date of inspection, a brief description of the working 
condition of the device during the inspection, and any actions taken to 
correct deficiencies found during the inspection.
    (2) Records of all maintenance performed on the affected source, the 
add-on air pollution control device, and monitoring equipment;
    (3) Records of the occurrence, duration, and cause (if known) of 
each malfunction of process, add-on air pollution control, and 
monitoring equipment;
    (4) Records of actions taken during periods of malfunction when such 
actions are inconsistent with the operation and maintenance plan;
    (5) Other records, which may take the form of checklists, necessary 
to demonstrate consistency with the provisions of the operation and 
maintenance plan required by Sec. 63.342(f)(3);
    (6) Test reports documenting results of all performance tests;
    (7) All measurements as may be necessary to determine the conditions 
of performance tests, including measurements necessary to determine 
compliance with the special compliance procedures of Sec. 63.344(e);
    (8) Records of monitoring data required by Sec. 63.343(c) that are 
used to demonstrate compliance with the standard including the date and 
time the data are collected;
    (9) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions, as 
indicated by monitoring data, that occurs during malfunction of the 
process, add-on air pollution control, or monitoring equipment;
    (10) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions, as 
indicated by monitoring data, that occurs during periods other than 
malfunction of the process, add-on air pollution control, or monitoring 
equipment;
    (11) The total process operating time of the affected source during 
the reporting period;
    (12) Records of the actual cumulative rectifier capacity of hard 
chromium electroplating tanks at a facility expended during each month 
of the reporting period, and the total capacity expended to date for a 
reporting period, if the owner or operator is using the actual 
cumulative rectifier capacity to determine facility size in accordance 
with Sec. 63.342(c)(2);
    (13) For sources using fume suppressants to comply with the 
standards, records of the date and time that fume suppressants are added 
to the electroplating or anodizing bath;
    (14) For sources complying with Sec. 63.342(e), records of the bath 
components purchased, with the wetting agent clearly identified as a 
bath constituent contained in one of the components;

[[Page 694]]

    (15) Any information demonstrating whether a source is meeting the 
requirements for a waiver of recordkeeping or reporting requirements, if 
the source has been granted a waiver under Sec. 63.10(f); and
    (16) All documentation supporting the notifications and reports 
required by Sec. 63.9, Sec. 63.10, and Sec. 63.347.
    (c) All records shall be maintained for a period of 5 years in 
accordance with Sec. 63.10(b)(1).



Sec. 63.347  Reporting requirements.

    (a) The owner or operator of each affected source subject to these 
standards shall fulfill all reporting requirements outlined in this 
section and in the General Provisions to 40 CFR part 63, according to 
the applicability of subpart A as identified in Table 1 of this subpart. 
These reports shall be made to the Administrator at the appropriate 
address as identified in Sec. 63.13 or to the delegated State authority.
    (1) Reports required by subpart A of this part and this section may 
be sent by U.S. mail, fax, or by another courier.
    (i) Submittals sent by U.S. mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of an affected source, reports may be submitted on electronic 
media.
    (b) The reporting requirements of this section apply to the owner or 
operator of an affected source when such source becomes subject to the 
provisions of this subpart.
    (c) Initial notifications. (1) The owner or operator of an affected 
source that has an initial startup before January 25, 1995, shall notify 
the Administrator in writing that the source is subject to this subpart. 
The notification shall be submitted no later than 180 calendar days 
after January 25, 1995, and shall contain the following information:
    (i) The name, title, and address of the owner or operator;
    (ii) The address (i.e., physical location) of each affected source;
    (iii) A statement that subpart N of this part is the basis for this 
notification;
    (iv) Identification of the applicable emission limitation and 
compliance date for each affected source;
    (v) A brief description of each affected source, including the type 
of process operation performed;
    (vi) For sources performing hard chromium electroplating, the 
maximum potential cumulative potential rectifier capacity;
    (vii) For sources performing hard chromium electroplating, a 
statement of whether the affected source(s) is located at a small or a 
large, hard chromium electroplating facility and whether this will be 
demonstrated through actual or maximum potential cumulative rectifier 
capacity;
    (viii) For sources performing hard chromium electroplating tanks, a 
statement of whether the owner or operator of an affected source(s) will 
limit the maximum potential cumulative rectifier capacity in accordance 
with Sec. 63.342(c)(2) such that the hard chromium electroplating 
facility is considered small; and
    (ix) A statement of whether the affected source is located at a 
major source or an area source as defined in Sec. 63.2.
    (2) The owner or operator of a new or reconstructed affected source 
that has an initial startup after January 25, 1995 shall submit an 
initial notification (in addition to the notification of construction or 
reconstruction required by Sec. 63.345(b) as follows:
    (i) A notification of the date when construction or reconstruction 
was commenced, shall be submitted simultaneously with the notification 
of construction or reconstruction, if construction or reconstruction was 
commenced before January 25, 1995;
    (ii) A notification of the date when construction or reconstruction 
was commenced, shall be submitted no later than 30 calendar days after 
such date, if construction or reconstruction was commenced after January 
25, 1995; and
    (iii) A notification of the actual date of startup of the source 
shall be submitted within 30 calendar days after such date.

[[Page 695]]

    (d) Notification of performance test. (1) The owner or operator of 
an affected source shall notify the Administrator in writing of his or 
her intention to conduct a performance test at least 60 calendar days 
before the test is scheduled to begin to allow the Administrator to have 
an observer present during the test. Observation of the performance test 
by the Administrator is optional.
    (2) In the event the owner or operator is unable to conduct the 
performance test as scheduled, the provisions of Sec. 63.7(b)(2) apply.
    (e) Notification of compliance status. (1) A notification of 
compliance status is required each time that an affected source becomes 
subject to the requirements of this subpart.
    (2) If the State in which the source is located has not been 
delegated the authority to implement the rule, each time a notification 
of compliance status is required under this part, the owner or operator 
of an affected source shall submit to the Administrator a notification 
of compliance status, signed by the responsible official (as defined in 
Sec. 63.2) who shall certify its accuracy, attesting to whether the 
affected source has complied with this subpart. If the State has been 
delegated the authority, the notification of compliance status shall be 
submitted to the appropriate authority. The notification shall list for 
each affected source:
    (i) The applicable emission limitation and the methods that were 
used to determine compliance with this limitation;
    (ii) If a performance test is required by this subpart, the test 
report documenting the results of the performance test, which contains 
the elements required by Sec. 63.344(a), including measurements and 
calculations to support the special compliance provisions of 
Sec. 63.344(e) if these are being followed;
    (iii) The type and quantity of hazardous air pollutants emitted by 
the source reported in mg/dscm or mg/hr if the source is using the 
special provisions of Sec. 63.344(e) to comply with the standards. (If 
the owner or operator is subject to the construction and reconstruction 
provisions of Sec. 63.345 and had previously submitted emission 
estimates, the owner or operator shall state that this report corrects 
or verifies the previous estimate.) For sources not required to conduct 
a performance test in accordance with Sec. 63.343(b), the surface 
tension measurement may fulfill this requirement;
    (iv) For each monitored parameter for which a compliant value is to 
be established under Sec. 63.343(c), the specific operating parameter 
value, or range of values, that corresponds to compliance with the 
applicable emission limit;
    (v) The methods that will be used to determine continuous 
compliance, including a description of monitoring and reporting 
requirements, if methods differ from those identified in this subpart;
    (vi) A description of the air pollution control technique for each 
emission point;
    (vii) A statement that the owner or operator has completed and has 
on file the operation and maintenance plan as required by the work 
practice standards in Sec. 63.342(f);
    (viii) If the owner or operator is determining facility size based 
on actual cumulative rectifier capacity in accordance with 
Sec. 63.342(c)(2), records to support that the facility is small. For 
existing sources, records from any 12-month period preceding the 
compliance date shall be used or a description of how operations will 
change to meet a small designation shall be provided. For new sources, 
records of projected rectifier capacity for the first 12-month period of 
tank operation shall be used;
    (ix) A statement by the owner or operator of the affected source as 
to whether the source has complied with the provisions of this subpart.
    (3) For sources required to conduct a performance test by 
Sec. 63.343(b), the notification of compliance status shall be submitted 
to the Administrator no later than 90 calendar days following completion 
of the compliance demonstration required by Sec. 63.7 and 
Sec. 63.343(b).
    (4) For sources that are not required to complete a performance test 
in accordance with Sec. 63.343(b), the notification of compliance status 
shall be submitted to the Administrator no later than 30 days after the 
compliance date specified in Sec. 63.343(a).

[[Page 696]]

    (f) Reports of performance test results. (1) If the State in which 
the source is located has not been delegated the authority to implement 
the rule, the owner or operator of an affected source shall report to 
the Administrator the results of any performance test conducted as 
required by Sec. 63.7 or Sec. 63.343(b). If the State has been delegated 
the authority, the owner or operator of an affected source should report 
performance test results to the appropriate authority.
    (2) Reports of performance test results shall be submitted no later 
than 90 days following the completion of the performance test, and shall 
be submitted as part of the notification of compliance status required 
by paragraph (e) of this section.
    (g) Ongoing compliance status reports for major sources. (1) The 
owner or operator of an affected source that is located at a major 
source site shall submit a summary report to the Administrator to 
document the ongoing compliance status of the affected source. The 
report shall contain the information identified in paragraph (g)(3) of 
this section, and shall be submitted semiannually except when:
    (i) The Administrator determines on a case-by-case basis that more 
frequent reporting is necessary to accurately assess the compliance 
status of the source; or
    (ii) The monitoring data collected by the owner or operator of the 
affected source in accordance with Sec. 63.343(c) show that the emission 
limit has been exceeded, in which case quarterly reports shall be 
submitted. Once an owner or operator of an affected source reports an 
exceedance, ongoing compliance status reports shall be submitted 
quarterly until a request to reduce reporting frequency under paragraph 
(g)(2) of this section is approved.
    (2) Request to reduce frequency of ongoing compliance status 
reports. (i) An owner or operator who is required to submit ongoing 
compliance status reports on a quarterly (or more frequent basis) may 
reduce the frequency of reporting to semiannual if all of the following 
conditions are met:
    (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods), the ongoing compliance status reports demonstrate that the 
affected source is in compliance with the relevant emission limit;
    (B) The owner or operator continues to comply with all applicable 
recordkeeping and monitoring requirements of subpart A of this part and 
this subpart; and
    (C) The Administrator does not object to a reduced reporting 
frequency for the affected source, as provided in paragraphs (g)(2) (ii) 
and (iii) of this section.
    (ii) The frequency of submitting ongoing compliance status reports 
may be reduced only after the owner or operator notifies the 
Administrator in writing of his or her intention to make such a change, 
and the Administrator does not object to the intended change. In 
deciding whether to approve a reduced reporting frequency, the 
Administrator may review information concerning the source's entire 
previous performance history during the 5-year recordkeeping period 
prior to the intended change, or the recordkeeping period since the 
source's compliance date, whichever is shorter. Records subject to 
review may include performance test results, monitoring data, and 
evaluations of an owner or operator's conformance with emission 
limitations and work practice standards. Such information may be used by 
the Administrator to make a judgment about the source's potential for 
noncompliance in the future. If the Administrator disapproves the owner 
or operator's request to reduce reporting frequency, the Administrator 
will notify the owner or operator in writing within 45 days after 
receiving notice of the owner or operator's intention. The notification 
from the Administrator to the owner or operator will specify the grounds 
on which the disapproval is based. In the absence of a notice of 
disapproval within 45 days, approval is automatically granted.
    (iii) As soon as the monitoring data required by Sec. 63.343(c) show 
that the source is not in compliance with the relevant emission limit, 
the frequency of reporting shall revert to quarterly, and the owner 
shall state this exceedance in the ongoing compliance status report for 
the next reporting period. After demonstrating ongoing

[[Page 697]]

compliance with the relevant emission limit for another full year, the 
owner or operator may again request approval from the Administrator to 
reduce the reporting frequency as allowed by paragraph (g)(2) of this 
section.
    (3) Contents of ongoing compliance status reports. The owner or 
operator of an affected source for which compliance monitoring is 
required in accordance with Sec. 63.343(c) shall prepare a summary 
report to document the ongoing compliance status of the source. The 
report must contain the following information:
    (i) The company name and address of the affected source;
    (ii) An identification of the operating parameter that is monitored 
for compliance determination, as required by Sec. 63.343(c);
    (iii) The relevant emission limitation for the affected source, and 
the operating parameter value, or range of values, that correspond to 
compliance with this emission limitation as specified in the 
notification of compliance status required by paragraph (e) of this 
section;
    (iv) The beginning and ending dates of the reporting period;
    (v) A description of the type of process performed in the affected 
source;
    (vi) The total operating time of the affected source during the 
reporting period;
    (vii) If the affected source is a hard chromium electroplating tank 
and the owner or operator is limiting the maximum cumulative rectifier 
capacity in accordance with Sec. 63.342(c)(2), the actual cumulative 
rectifier capacity expended during the reporting period, on a month-by-
month basis;
    (viii) A summary of operating parameter values, including the total 
duration of excess emissions during the reporting period as indicated by 
those values, the total duration of excess emissions expressed as a 
percent of the total source operating time during that reporting period, 
and a breakdown of the total duration of excess emissions during the 
reporting period into those that are due to process upsets, control 
equipment malfunctions, other known causes, and unknown causes;
    (ix) A certification by a responsible official, as defined in 
Sec. 63.2, that the work practice standards in Sec. 63.342(f) were 
followed in accordance with the operation and maintenance plan for the 
source;
    (x) If the operation and maintenance plan required by 
Sec. 63.342(f)(3) was not followed, an explanation of the reasons for 
not following the provisions, an assessment of whether any excess 
emission and/or parameter monitoring exceedances are believed to have 
occurred, and a copy of the report(s) required by Sec. 63.342(f)(3)(iv) 
documenting that the operation and maintenance plan was not followed;
    (xi) A description of any changes in monitoring, processes, or 
controls since the last reporting period;
    (xii) The name, title, and signature of the responsible official who 
is certifying the accuracy of the report; and
    (xiii) The date of the report.
    (4) When more than one monitoring device is used to comply with the 
continuous compliance monitoring required by Sec. 63.343(c), the owner 
or operator shall report the results as required for each monitoring 
device. However, when one monitoring device is used as a backup for the 
primary monitoring device, the owner or operator shall only report the 
results from the monitoring device used to meet the monitoring 
requirements of this subpart. If both devices are used to meet these 
requirements, then the owner or operator shall report the results from 
each monitoring device for the relevant compliance period.
    (h) Ongoing compliance status reports for area sources. The 
requirements of this paragraph do not alleviate affected area sources 
from complying with the requirements of State or Federal operating 
permit programs under 40 CFR part 71.
    (1) The owner or operator of an affected source that is located at 
an area source site shall prepare a summary report to document the 
ongoing compliance status of the affected source. The report shall 
contain the information identified in paragraph (g)(3) of this section, 
shall be completed annually and retained on site, and made available to 
the Administrator upon request. The report shall be completed annually 
except as provided in paragraph (h)(2) of this section.

[[Page 698]]

    (2) Reports of exceedances. (i) If both of the following conditions 
are met, semiannual reports shall be prepared and submitted to the 
Administrator:
    (A) The total duration of excess emissions (as indicated by the 
monitoring data collected by the owner or operator of the affected 
source in accordance with Sec. 63.343(c)) is 1 percent or greater of the 
total operating time for the reporting period; and
    (B) The total duration of malfunctions of the add-on air pollution 
control device and monitoring equipment is 5 percent or greater of the 
total operating time.
    (ii) Once an owner or operator of an affected source reports an 
exceedance as defined in paragraph (h)(2)(i) of this section, ongoing 
compliance status reports shall be submitted semiannually until a 
request to reduce reporting frequency under paragraph (h)(3) of this 
section is approved.
    (iii) The Administrator may determine on a case-by-case basis that 
the summary report shall be completed more frequently and submitted, or 
that the annual report shall be submitted instead of being retained on 
site, if these measures are necessary to accurately assess the 
compliance status of the source.
    (3) Request to reduce frequency of ongoing compliance status 
reports. (i) An owner or operator who is required to submit ongoing 
compliance status reports on a semiannual (or more frequent) basis, or 
is required to submit its annual report instead of retaining it on site, 
may reduce the frequency of reporting to annual and/or be allowed to 
maintain the annual report onsite if all of the following conditions are 
met:
    (A) For 1 full year (e.g., 2 semiannual or 4 quarterly reporting 
periods), the ongoing compliance status reports demonstrate that the 
affected source is in compliance with the relevant emission limit;
    (B) The owner or operator continues to comply with all applicable 
recordkeeping and monitoring requirements of subpart A of this part and 
this subpart; and
    (C) The Administrator does not object to a reduced reporting 
frequency for the affected source, as provided in paragraphs (h)(3) (ii) 
and (iii) of this section.
    (ii) The frequency of submitting ongoing compliance status reports 
may be reduced only after the owner or operator notifies the 
Administrator in writing of his or her intention to make such a change, 
and the Administrator does not object to the intended change. In 
deciding whether to approve a reduced reporting frequency, the 
Administrator may review information concerning the source's previous 
performance history during the 5-year recordkeeping period prior to the 
intended change, or the recordkeeping period since the source's 
compliance date, whichever is shorter. Records subject to review may 
include performance test results, monitoring data, and evaluations of an 
owner or operator's conformance with emission limitations and work 
practice standards. Such information may be used by the Administrator to 
make a judgement about the source's potential for noncompliance in the 
future. If the Administrator disapproves the owner or operator's request 
to reduce reporting frequency, the Administrator will notify the owner 
or operator in writing within 45 days after receiving notice of the 
owner or operator's intention. The notification from the Administrator 
to the owner or operator will specify the grounds on which the 
disapproval is based. In the absence of a notice of disapproval within 
45 days, approval is automatically granted.
    (iii) As soon as the monitoring data required by Sec. 63.343(c) show 
that the source is not in compliance with the relevant emission limit, 
the frequency of reporting shall revert to semiannual, and the owner 
shall state this exceedance in the ongoing compliance status report for 
the next reporting period. After demonstrating ongoing compliance with 
the relevant emission limit for another full year, the owner or operator 
may again request approval from the Administrator to reduce the 
reporting frequency as allowed by paragraph (h)(3) of this section.
    (i) Reports associated with trivalent chromium baths. The 
requirements of this paragraph do not alleviate affected

[[Page 699]]

sources from complying with the requirements of State or Federal 
operating permit programs under title V. Owners or operators complying 
with the provisions of Sec. 63.342(e) are not subject to paragraphs (a) 
through (h) of this section, but must instead submit the following 
reports:
    (1) Within 180 days after January 25, 1995, submit an initial 
notification that includes:
    (i) The same information as is required by paragraphs (c)(1) (i) 
through (v) of this section; and
    (ii) A statement that a trivalent chromium process that incorporates 
a wetting agent will be used to comply with Sec. 63.342(e); and
    (iii) The list of bath components that comprise the trivalent 
chromium bath, with the wetting agent clearly identified; and
    (2) Within 30 days of the compliance date specified in 
Sec. 63.343(a), a notification of compliance status that contains an 
update of the information submitted in accordance with paragraph (i)(1) 
of this section or a statement that the information is still accurate; 
and
    (3) Within 30 days of a change to the trivalent chromium 
electroplating process, a report that includes:
    (i) A description of the manner in which the process has been 
changed and the emission limitation, if any, now applicable to the 
affected source;
    (ii) If a different emission limitation applies, the applicable 
information required by paragraph (c)(1) of this section; and
    (iii) The notification and reporting requirements of paragraphs (d), 
(e), (f), (g), and (h) of this section, which shall be submitted in 
accordance with the schedules identified in those paragraphs.

[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996]

                 Table 1 to Subpart N of Part 63--General Provisions Applicability to Subpart N                 
----------------------------------------------------------------------------------------------------------------
         General provisions  reference               Applies to subpart N                   Comment             
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)....................................  Yes..........................  Additional terms defined in Sec. 
                                                                                63.341; when overlap between    
                                                                                subparts A and N occurs, subpart
                                                                                N takes precedence.             
63.1(a)(2)....................................  Yes                                                             
63.1(a)(3)....................................  Yes                                                             
63.1(a)(4)....................................  Yes..........................  Subpart N clarifies the          
                                                                                applicability of each paragraph 
                                                                                in subpart A to sources subject 
                                                                                to subpart N.                   
63.1(a)(6)....................................  Yes                                                             
63.1(a)(7)....................................  Yes                                                             
63.1(a)(8)....................................  Yes                                                             
63.1(a)(10)...................................  Yes                                                             
63.1(a)(11)...................................  Yes..........................  Sec.  63.347(a) of subpart N also
                                                                                allows report submissions via   
                                                                                fax and on electronic media.    
63.1(a)(12)-(14)..............................  Yes                                                             
63.1(b)(1)....................................  No...........................  Sec.  63.340 of subpart N        
                                                                                specifies applicability.        
63.1(b)(2)....................................  Yes                                                             
63.1(b)(3)....................................  No...........................  This provision in subpart A is   
                                                                                being deleted. Also, all        
                                                                                affected area and major sources 
                                                                                are subject to subpart N; there 
                                                                                are no exemptions.              
63.1(c)(1)....................................  Yes..........................  Subpart N clarifies the          
                                                                                applicability of each paragraph 
                                                                                in subpart A to sources subject 
                                                                                to subpart N.                   
63.1(c)(2)....................................  Yes..........................  Subpart N specifies permit       
                                                                                requirements for area sources.  
63.1(c)(4)....................................  Yes                                                             
63.1(c)(5)....................................  No...........................  Subpart N clarifies that an area 
                                                                                source that becomes a major     
                                                                                source is subject to the        
                                                                                requirements for major sources. 
63.1(e).......................................  Yes                                                             
63.2..........................................  Yes..........................  Additional terms defined in Sec. 
                                                                                63.341; when overlap between    
                                                                                subparts A and N occurs, subpart
                                                                                N takes precedence.             
63.3..........................................  Yes..........................  Other units used in subpart N are
                                                                                defined in that subpart.        
63.4..........................................  Yes                                                             
63.5(a).......................................  Yes..........................  Except replace the term          
                                                                                ``source'' and ``stationary     
                                                                                source'' in Sec.  63.5(a) (1)   
                                                                                and (2) of subpart A with       
                                                                                ``affected sources.''           
63.5(b)(1)....................................  Yes                                                             
63.5(b)(3)....................................  Yes..........................  Applies only to major affected   
                                                                                sources.                        
63.5(b)(4)....................................  No...........................  Subpart N (Sec.  63.345)         
                                                                                specifies requirements for the  
                                                                                notification of construction or 
                                                                                reconstruction for affected     
                                                                                sources that are not major.     
63.5(b)(5)....................................  Yes                                                             
63.5(b)(6)....................................  Yes                                                             

[[Page 700]]

                                                                                                                
63.5(d)(1)(i).................................  No...........................  Sec.  63.345(c)(5) of subpart N  
                                                                                specifies when the application  
                                                                                or notification shall be        
                                                                                submitted.                      
63.5(d)(1)(ii)................................  Yes..........................  Applies to major affected sources
                                                                                that are new or reconstructed.  
63.5(d)(1)(iii)...............................  Yes..........................  Except information should be     
                                                                                submitted with the Notification 
                                                                                of Compliance Status required by
                                                                                Sec.  63.347(e) of subpart N.   
63.5(d)(2)....................................  Yes..........................  Applies to major affected sources
                                                                                that are new or reconstructed   
                                                                                except: (1) replace ``source''  
                                                                                in Sec.  63.5(d)(2) of subpart A
                                                                                with ``affected source''; and   
                                                                                (2) actual control efficiencies 
                                                                                are submitted with the          
                                                                                Notification of Compliance      
                                                                                Status required by Sec.         
                                                                                63.347(e).                      
63.5(d)(3)-(4)................................  Yes..........................  Applies to major affected sources
                                                                                that are new or reconstructed.  
63.5(e).......................................  Yes..........................  Applies to major affected sources
                                                                                that are new or reconstructed.  
63.5(f)(1)....................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                 63.5(f)(1) of subpart A with   
                                                                                ``affected source.''            
63.5(f)(2)....................................  No...........................  New or reconstructed affected    
                                                                                sources shall submit the request
                                                                                for approval of construction or 
                                                                                reconstruction under Sec.       
                                                                                63.5(f) of subpart A by the     
                                                                                deadline specified in Sec.      
                                                                                63.345(c)(5) of subpart N.      
63.6(a).......................................  Yes                                                             
63.6(b)(1)-(2)................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                 63.6(b)(1)-(2) of part A with  
                                                                                ``affected source.''            
63.6(b)(3)-(4)................................  Yes                                                             
63.6(b)(5)....................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                 63.6(b)(5) of subpart A with   
                                                                                ``affected source.''            
63.6(b)(7)....................................  No...........................  Provisions for new area sources  
                                                                                that become major sources are   
                                                                                contained in Sec.  63.343(a)(4) 
                                                                                of subpart N.                   
63.6(c)(1)-(2)................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                 63.6(c)(1)-(2) of subpart A    
                                                                                with ``affected source.''       
63.6(c)(5)....................................  No...........................  Compliance provisions for        
                                                                                existing area sources that      
                                                                                become major sources are        
                                                                                contained in Sec.  63.343(a)(3) 
                                                                                of subpart N.                   
63.6(e).......................................  No...........................  Sec.  63.342(f) of subpart N     
                                                                                contains work practice standards
                                                                                (operation and maintenance      
                                                                                requirements) that override     
                                                                                these provisions.               
63.6(f)(1)....................................  No...........................  Sec.  63.342(b) of subpart N     
                                                                                specifies when the standards    
                                                                                apply.                          
63.6(f)(2)(i)-(ii)............................  Yes                                                             
63.6(f)(2)(iii)...............................  No...........................  Sec.  63.344(b) of subpart N     
                                                                                specifies instances in which    
                                                                                previous performance test       
                                                                                results for existing sources are
                                                                                acceptable.                     
63.6(f)(2)(iv)................................  Yes                                                             
63.6(f)(2)(v).................................  Yes                                                             
63.6(f)(3)....................................  Yes                                                             
63.6(g).......................................  Yes                                                             
63.6(h).......................................  No...........................  Subpart N does not contain any   
                                                                                opacity or visible emission     
                                                                                standards.                      
63.6(i)(1)....................................  Yes                                                             
63.6(i)(2)....................................  Yes..........................  Except replace ``source'' in Sec.
                                                                                 63.6(i)(2)(i) and (ii) of      
                                                                                subpart A with ``affected       
                                                                                source.''                       
63.6(i)(3)....................................  Yes                                                             
63.6(i)(4)(i).................................  No...........................  Sec.  63.343(a)(6) of subpart N  
                                                                                specifies the procedures for    
                                                                                obtaining an extension of       
                                                                                compliance and the date by which
                                                                                such requests must be submitted.
63.6(i)(4)(ii)................................  Yes                                                             
63.6(i)(5)....................................  Yes                                                             
63.6(i)(6)(i).................................  Yes..........................  This paragraph only references   
                                                                                ``paragraph (i)(4) of this      
                                                                                section'' for compliance        
                                                                                extension provisions. But, Sec. 
                                                                                63.343(a)(6) of subpart N also  
                                                                                contains provisions for         
                                                                                requesting a compliance         
                                                                                extension.                      
63.6(i)(6)(ii)................................  Yes                                                             
63.6(i)(7)....................................  Yes                                                             
63.6(i)(8)....................................  Yes..........................  This paragraph only references   
                                                                                ``paragraphs (i)(4) through     
                                                                                (i)(6) of this section'' for    
                                                                                compliance extension provisions.
                                                                                But, Sec.  63.343(a)(6) of      
                                                                                subpart N also contains         
                                                                                provisions for requesting a     
                                                                                compliance extension.           
63.6(i)(9)....................................  Yes..........................  This paragraph only references   
                                                                                ``paragraphs (i)(4) through     
                                                                                (i)(6) of this section'' and    
                                                                                ``paragraphs (i)(4) and (i)(5)  
                                                                                of this section'' for compliance
                                                                                extension provisions. But, Sec. 
                                                                                63.343(a)(6) of subpart N also  
                                                                                contains provisions for         
                                                                                requesting a compliance         
                                                                                extension.                      
63.6(i)(10)(i)-(iv)...........................  Yes                                                             
63.6(i)(10)(v)(A).............................  Yes..........................  This paragraph only references   
                                                                                `'paragraph (i)(4)'' for        
                                                                                compliance extension provisions.
                                                                                But, Sec.  63.343(a)(6) of      
                                                                                subpart N also contains         
                                                                                provisions for requesting a     
                                                                                compliance extension.           
63.6(i)(10)(v)(B).............................  Yes                                                             
63.6(i)(11)...................................  Yes                                                             

[[Page 701]]

                                                                                                                
63.6(i)(12)(i)................................  Yes..........................  This paragraph only references   
                                                                                ``paragraph (i)(4)(i) or (i)(5) 
                                                                                of this section'' for compliance
                                                                                extension provisions. But, Sec. 
                                                                                63.343(a)(6) of subpart N also  
                                                                                contains provisions for         
                                                                                requesting a compliance         
                                                                                extension.                      
63.6(i)(12)(ii)-(iii).........................  Yes                                                             
63.6(i)(13)...................................  Yes                                                             
63.6(i)(14)...................................  Yes                                                             
63.6(i)(16)...................................  Yes                                                             
63.6(j).......................................  Yes                                                             
63.7(a)(1)....................................  Yes                                                             
63.7(a)(2)(i)-(vi)............................  Yes                                                             
63.7(a)(2)(ix)................................  Yes                                                             
63.7(a)(3)....................................  Yes                                                             
63.7(b)(1)....................................  No...........................  Sec.  63.347(d) of subpart N     
                                                                                requires notification prior to  
                                                                                the performance test. Sec.      
                                                                                63.344(a) of subpart N requires 
                                                                                submission of a site-specific   
                                                                                test plan upon request.         
63.7(b)(2)....................................  Yes                                                             
63.7(c).......................................  No...........................  Sec.  63.344(a) of subpart N     
                                                                                specifies what the test plan    
                                                                                should contain, but does not    
                                                                                require test plan approval or   
                                                                                performance audit samples.      
63.7(d).......................................  Yes..........................  Except replace ``source'' in the 
                                                                                first sentence of Sec.  63.7(d) 
                                                                                of subpart A with ``affected    
                                                                                source.''                       
63.7(e).......................................  Yes..........................  Subpart N also contains test     
                                                                                methods specific to affected    
                                                                                sources covered by that subpart.
63.7(f).......................................  Yes..........................  Sec.  63.344(c)(2) of subpart N  
                                                                                identifies CARB Method 425 as   
                                                                                acceptable under certain        
                                                                                conditions.                     
63.7(g)(1)....................................  No...........................  Subpart N identifies the items to
                                                                                be reported in the compliance   
                                                                                test [Sec.  63.344(a)] and the  
                                                                                timeframe for submitting the    
                                                                                results [Sec.  63.347(f)].      
63.7(g)(3)....................................  Yes                                                             
63.7(h)(1)-(2)................................  Yes                                                             
63.7(h)(3)(i).................................  Yes..........................  This paragraph only references   
                                                                                ``Sec.  63.6(i)'' for compliance
                                                                                extension provisions. But, Sec. 
                                                                                63.343(a)(6) of subpart N also  
                                                                                contains provisions for         
                                                                                requesting a compliance         
                                                                                extension.                      
63.7(h)(3)(ii)-(iii)..........................  Yes                                                             
63.7(h)(4)-(5)................................  Yes                                                             
63.8(a)(1)....................................  Yes                                                             
63.8(a)(2)....................................  No...........................  Work practice standards are      
                                                                                contained in Sec.  63.342(f) of 
                                                                                subpart N.                      
63.8(a)(4)....................................  No                                                              
63.8(b)(1)....................................  Yes                                                             
63.8(b)(2)....................................  No...........................  Sec.  63.344(d) of subpart N     
                                                                                specifies the monitoring        
                                                                                location when there are multiple
                                                                                sources.                        
63.8(b)(3)....................................  No...........................  Sec.  63.347(g)(4) of subpart N  
                                                                                identifies reporting            
                                                                                requirements when multiple      
                                                                                monitors are used.              
63.8(c)(1)(i).................................  No...........................  Subpart N requires proper        
                                                                                maintenance of monitoring       
                                                                                devices expected to be used by  
                                                                                sources subject to subpart N.   
63.8(c)(1)(ii)................................  No...........................  Sec.  63.342(f)(3)(iv) of subpart
                                                                                N specifies reporting when the  
                                                                                O&M plan is not followed.       
63.8(c)(1)(iii)...............................  No...........................  Sec.  63.343(f)(2) identifies the
                                                                                criteria for whether O&M        
                                                                                procedures are acceptable.      
63.8(c)(2)-(3)................................  No...........................  Sec.  63.344(d)(2) requires      
                                                                                appropriate use of monitoring   
                                                                                devices.                        
63.8(c)(4)-(7)................................  No                                                              
63.8(d).......................................  No...........................  Maintenance of monitoring devices
                                                                                is required by Secs.  63.342(f) 
                                                                                and 63.344(d)(2) of subpart N.  
63.8(e).......................................  No...........................  There are no performance         
                                                                                evaluation procedures for the   
                                                                                monitoring devices expected to  
                                                                                be used to comply with subpart  
                                                                                N.                              
63.8(f)(1)....................................  Yes                                                             
63.8(f)(2)....................................  No...........................  Instances in which the           
                                                                                Administrator may approve       
                                                                                alternatives to the monitoring  
                                                                                methods and procedures of       
                                                                                subpart N are contained in Sec. 
                                                                                63.343(c)(8) of subpart N.      
63.8(f)(3)....................................  Yes                                                             
63.8(f)(4)....................................  Yes                                                             
63.8(f)(5)....................................  Yes                                                             
63.8(f)(6)....................................  No...........................  Subpart N does not require the   
                                                                                use of CEM's.                   
63.8(g).......................................  No...........................  Monitoring data does not need to 
                                                                                be reduced for reporting        
                                                                                purposes because subpart N      
                                                                                requires measurement once/day.  
63.9(a).......................................  Yes                                                             
63.9(b)(1)(i)-(ii)............................  No...........................  Sec.  63.343(a)(3) of subpart N  
                                                                                requires area sources to comply 
                                                                                with major source provisions if 
                                                                                an increase in HAP emissions    
                                                                                causes them to become major     
                                                                                sources.                        

[[Page 702]]

                                                                                                                
63.9(b)(1)(iii)...............................  No...........................  Sec.  63.347(c)(2) of subpart N  
                                                                                specifies initial notification  
                                                                                requirements for new or         
                                                                                reconstructed affected sources. 
63.9(b)(2)....................................  No...........................  Sec.  63.347(c)(1) of subpart N  
                                                                                specifies the information to be 
                                                                                contained in the initial        
                                                                                notification.                   
63.9(b)(3)....................................  No...........................  Sec.  63.347(c)(2) of subpart N  
                                                                                specifies notification          
                                                                                requirements for new or         
                                                                                reconstructed sources that are  
                                                                                not major affected sources.     
63.9(b)(4)....................................  No                                                              
63.9(b)(5)....................................  No                                                              
63.9(c).......................................  Yes..........................  This paragraph only references   
                                                                                ``Sec.  63.6(i)(4) through Sec. 
                                                                                63.6(i)(6)'' for compliance     
                                                                                extension provisions. But, Sec. 
                                                                                63.343(a)(6) of subpart N also  
                                                                                contains provisions for         
                                                                                requesting a compliance         
                                                                                extension. Subpart N provides a 
                                                                                different timeframe for         
                                                                                submitting the request than Sec.
                                                                                 63.6(i)(4).                    
63.9(d).......................................  Yes..........................  This paragraph only references   
                                                                                ``the notification dates        
                                                                                established in paragraph (g) of 
                                                                                this section.'' But, Sec.       
                                                                                63.347 of subpart N also        
                                                                                contains notification dates.    
63.9(e).......................................  No...........................  Notification of performance test 
                                                                                is required by Sec.  63.347(d)  
                                                                                of subpart N.                   
63.9(f).......................................  No                                                              
63.9(g).......................................  No...........................  Subpart N does not require a     
                                                                                performance evaluation or       
                                                                                relative accuracy test for      
                                                                                monitoring devices.             
63.9(h)(1)-(3)................................  No...........................  Sec.  63.347(e) of subpart N     
                                                                                specifies information to be     
                                                                                contained in the notification of
                                                                                compliance status and the       
                                                                                timeframe for submitting this   
                                                                                information.                    
63.9(h)(5)....................................  No...........................  Similar language has been        
                                                                                incorporated into Sec.          
                                                                                63.347(e)(2)(iii) of subpart N. 
63.9(h)(6)....................................  Yes                                                             
63.9(i).......................................  Yes                                                             
63.9(j).......................................  Yes                                                             
63.10(a)......................................  Yes                                                             
63.10(b)(1)...................................  Yes                                                             
63.10(b)(2)...................................  No...........................  Sec.  63.346(b) of subpart N     
                                                                                specifies the records that must 
                                                                                be maintained.                  
63.10(b)(3)...................................  No...........................  Subpart N applies to major and   
                                                                                area sources.                   
63.10(c)......................................  No...........................  Applicable requirements of Sec.  
                                                                                63.10(c) have been incorporated 
                                                                                into Sec.  63.346(b) of subpart 
                                                                                N.                              
63.10(d)(1)...................................  Yes                                                             
63.10(d)(2)...................................  No...........................  Sec.  63.347(f) of subpart N     
                                                                                specifies the timeframe for     
                                                                                reporting performance test      
                                                                                results.                        
63.10(d)(3)...................................  No...........................  Subpart N does not contain       
                                                                                opacity or visible emissions    
                                                                                standards.                      
63.10(d)(4)...................................  Yes                                                             
63.10(d)(5)...................................  No...........................  Sec.  63.342(f)(3)(iv) and Sec.  
                                                                                63.347(g)(3) of subpart N       
                                                                                specify reporting associated    
                                                                                with malfunctions.              
63.10(e)......................................  No...........................  Sec.  63.347(g) and (h) of       
                                                                                subpart N specify the frequency 
                                                                                of periodic reports of          
                                                                                monitoring data used to         
                                                                                establish compliance. Applicable
                                                                                requirements of Sec.  63.10(e)  
                                                                                have been incorporated into Sec.
                                                                                 63.347(g) and (h).             
63.10(f)......................................  Yes                                                             
63.11.........................................  No...........................  Flares will not be used to comply
                                                                                with the emission limits.       
63.12-63.15...................................  Yes                                                             
----------------------------------------------------------------------------------------------------------------


[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996]



    Subpart O--Ethylene Oxide Emissions Standards for Sterilization 
                               Facilities

    Source: 59 FR 62589, Dec. 6, 1994, unless otherwise noted.



Sec. 63.360  Applicability.

    (a) All sterilization sources using 1 ton (see definition) in 
sterilization or fumigation operations are subject to the emissions 
standards in Sec. 63.362, except as specified in paragraphs (b) through 
(e) of this section. Owners or operators of sources using 1 ton (see 
definition) subject to the provisions of this subpart must comply with 
the requirements of subpart A, of this part

[[Page 703]]

according to the applicability of subpart A of this part to such sources 
in Table 1 of this section.

                    Table 1 of Section 63.360-- General Provisions Applicability to Subpart O                   
----------------------------------------------------------------------------------------------------------------
                                           Applies to sources     Applies to sources                            
               Reference                    using 10 tons in    using 1 to 10 tons in           Comment         
                                              subpart O a            subpart O a                                
----------------------------------------------------------------------------------------------------------------
63.1(a)(1).............................                                                                         
(1) Yes                                  Additional terms                                                       
                                          defined in Sec.                                                       
                                          63.361; when overlap                                                  
                                          between subparts A                                                    
                                          and O occurs,                                                         
                                          subpart O takes                                                       
                                          precedence..                                                          
63.1(a)(2).............................                                                                         
(1)Yes                                   .....................                                                  
63.1(a)(3).............................                                                                         
(1)Yes                                   .....................                                                  
63.1(a)(4).............................                                                                         
(1)Yes                                   Subpart O clarifies                                                    
                                          the applicability of                                                  
                                          each paragraph in                                                     
                                          subpart A to sources                                                  
                                          subject to subpart                                                    
                                          O..                                                                   
63.1(a)(5).............................                                                                         
(1)No                                    Reserved.............                                                  
63.1(a)(6).............................                                                                         
(1)Yes                                   .....................                                                  
63.1(a)(7).............................                                                                         
(1)Yes                                   .....................                                                  
63.1.1(a)(8)...........................                                                                         
(1)Yes                                   .....................                                                  
63.1(a)(9).............................                                                                         
(1)No                                    Reserved.............                                                  
63.1(a)(10)............................                                                                         
(1)Yes                                   .....................                                                  
63.1(a)(11)............................                                                                         
(1)Yes                                   Sec.  63.366(a) of                                                     
                                          subpart O also                                                        
                                          allows report                                                         
                                          submissions via fax                                                   
                                          and on electronic                                                     
                                          media..                                                               
63.1(a)(12)-(14).......................                                                                         
(1)Yes                                   .....................                                                  
63.1(b)(1)-(2).........................                                                                         
(1)Yes                                   .....................                                                  
63.1(b)(3).............................                                                                         
(1)No                                    Sec.  63.367                                                           
                                          clarifies the                                                         
                                          applicability of                                                      
                                          recordkeeping                                                         
                                          requirements for                                                      
                                          sources that                                                          
                                          determine they are                                                    
                                          not subject to the                                                    
                                          emissions standards..                                                 
63.1(c)(1).............................                                                                         
(1)Yes                                   Subpart O clarifies                                                    
                                          the applicability of                                                  
                                          each paragraph in                                                     
                                          subpart A to sources                                                  
                                          subject to subpart O                                                  
                                          in this table..                                                       
63.1(c)(2).............................                                                                         
(1)Yes                                   Subpart O also                                                         
                                          specifies which                                                       
                                          sources are required                                                  
                                          to obtain a Title V                                                   
                                          permit in Sec.                                                        
                                          63.360..                                                              
63.1(c)(3).............................                                                                         
(1)No                                    Reserved.............                                                  
63.1(c)(4).............................                                                                         
(1)Yes                                   .....................                                                  
63.1(c)(5).............................                                                                         
(1)No                                    Sec.  63.360                                                           
                                          specifies                                                             
                                          applicability..                                                       
63.1(d)................................                                                                         
(1)No                                    Reserved.............                                                  
63.1(e)................................                                                                         
(1)Yes                                   .....................                                                  
63.2...................................                                                                         
(1)Yes                                   Additional terms                                                       
                                          defined in Sec.                                                       
                                          63.361; when overlap                                                  
                                          between subparts A                                                    
                                          and O occurs,                                                         
                                          subpart O takes                                                       
                                          precedence..                                                          
63.3...................................                                                                         
(1)Yes                                   Other units used in                                                    
                                          subpart O are                                                         
                                          defined in the text                                                   
                                          of subpart O..                                                        
63.4(a)(1)-(3).........................                                                                         
(1) Yes                                  .....................                                                  
63.4(a)(4).............................                                                                         
(1) No                                   Reserved.............                                                  
63.4(a)(5).............................                                                                         
(1) Yes                                  .....................                                                  
63.4(b)................................                                                                         
(1) Yes                                  .....................                                                  
63.4(c)................................                                                                         
(1) Yes                                  .....................                                                  
63.5(a)................................                                                                         
(1) No                                   Sec.  63.366(b)(1)                                                     
                                          contains                                                              
                                          applicability                                                         
                                          requirements for                                                      
                                          constructed or                                                        
                                          reconstructed                                                         
                                          sources..                                                             
63.5(b)(1).............................  Yes..................  No...................  .........................
63.5(b)(2).............................                                                                         
(1) No                                   Reserved.............                                                  
63.5(b)(3).............................                                                                         
(1) No                                   See Sec.                                                               
                                          63.366(b)(2)..                                                        
63.5(b)(4).............................  Yes..................  No...................  .........................
63.5(b)(5).............................  Yes..................  No...................  .........................
63.5(b)(6).............................  Yes..................  No...................  .........................
63.5(c)................................                                                                         
(1) No                                   Reserved.............                                                  
63.5(d)(1)-(2).........................                                                                         
(1) No                                   See Sec.                                                               
                                          63.366(b)(3)..                                                        
63.5(d)(3)-(4).........................  Yes..................  No...................  .........................
63.5(e)................................  Yes..................  No...................  .........................
63.5(f)(1) and (2).....................                                                                         
(1) No                                   See Sec.                                                               
                                          63.366(b)(4)..                                                        
63.6(a)(1).............................                                                                         
(1) Yes                                  .....................                                                  
63.6(a)(2).............................                                                                         
(1) No                                   Sec.  63.360                                                           
                                          specifies                                                             
                                          applicability..                                                       
63.6(b) and (c)........................                                                                         
(1) No                                   Sec.  63.360(g)                                                        
                                          specifies compliance                                                  
                                          dates for sources..                                                   
63.6(d)................................                                                                         
(1) No                                   Reserved.............                                                  

[[Page 704]]

                                                                                                                
63.6(e)................................                                                                         
(1) No                                   Subpart O does not                                                     
                                          contain any                                                           
                                          operation and                                                         
                                          maintenance plan                                                      
                                          requirements..                                                        
63.6(f)(1).............................                                                                         
(1) No                                   Sec.  63.362(b)                                                        
                                          specifies when the                                                    
                                          standards apply..                                                     
63.6(f)(2)(i)..........................                                                                         
(1) Yes                                  .....................                                                  
63.6(f)(2)(ii).........................                                                                         
(1) No                                   Sec.  63.363                                                           
                                          specifies parameters                                                  
                                          for determining                                                       
                                          compliance..                                                          
63.6(f)(2)(iii)-(iv)...................                                                                         
(1) Yes                                  .....................                                                  
63.6(f)(2)(v)..........................                                                                         
(1) No                                   .....................                                                  
63.6(f)(3).............................                                                                         
(1) Yes                                                                                                         
63.6(g)................................                                                                         
(1) Yes                                                                                                         
63.6(h)................................                                                                         
(1) No                                   Subpart O does not                                                     
                                          contain any opacity                                                   
                                          or visible emission                                                   
                                          standards..                                                           
63.6(i)(1)-(14)........................                                                                         
(1) Yes                                                                                                         
63.6(i)(15)............................                                                                         
(1) No                                   Reserved.............                                                  
63.6(i)(16)............................                                                                         
(1) Yes                                                                                                         
63.6(j)................................                                                                         
(1) Yes                                                                                                         
63.7(a)(1).............................                                                                         
(1) Yes                                                                                                         
63.7(a)(2).............................                                                                         
(1) No                                   Sec.  63.365(a)(2)                                                     
                                          specifies                                                             
                                          performance test                                                      
                                          dates..                                                               
63.7(a)(3).............................                                                                         
(1) Yes                                                                                                         
63.7(b)................................                                                                         
(1) Yes                                                                                                         
63.7(c)................................  Yes..................  No...................                           
63.7(d)................................  Yes..................  No...................                           
63.7(e)................................                                                                         
(1) Yes                                  Sec.  63.365 also                                                      
                                          contains test                                                         
                                          methods specific to                                                   
                                          sources subject to                                                    
                                          the emissions                                                         
                                          standards..                                                           
63.7(f)................................                                                                         
(1) Yes                                                                                                         
63.7(g)(1).............................                                                                         
(1) Yes                                                                                                         
63.7(g)(2).............................                                                                         
(1) No                                   Reserved.............                                                  
63.7(g)(3).............................                                                                         
(1) Yes                                                                                                         
63.7(h)................................                                                                         
(1) Yes                                                                                                         
63.8(a)(1).............................                                                                         
(1) Yes                                                                                                         
63.8(a)(2).............................                                                                         
(1) Yes                                                                                                         
63.8(a)(3).............................                                                                         
(1) No                                   Reserved.............                                                  
63.8(a)(4).............................                                                                         
(1) Yes                                                                                                         
63.8(b)(1).............................                                                                         
(1) Yes                                                                                                         
63.8(b)(2).............................                                                                         
(1) Yes                                                                                                         
63.8(b)(3).............................                                                                         
(1) No                                                                                                          
63.8(c)(1) (i) and (ii)................                                                                         
(1) No                                   A startup, shutdown,                                                   
                                          and malfunction plan                                                  
                                          is not required for                                                   
                                          these standards..                                                     
63.8(c)(1)(iii)........................                                                                         
(1) Yes                                                                                                         
63.8(c)(2)-(3).........................                                                                         
(1) Yes                                                                                                         
63.8(c)(4)-(5).........................                                                                         
(1) No                                   Frequency of                                                           
                                          monitoring                                                            
                                          measurements is                                                       
                                          provided in Sec.                                                      
                                          63.364; opacity                                                       
                                          monitors are not                                                      
                                          required for these                                                    
                                          standards..                                                           
63.8(c)(6).............................                                                                         
(1) No                                   Performance                                                            
                                          specifications for                                                    
                                          gas chromatographs                                                    
                                          and temperature                                                       
                                          monitors are                                                          
                                          contained in Sec.                                                     
                                          63.365..                                                              
63.8(c)(7)(i)(A)-(B)...................                                                                         
(1) No                                   Performance                                                            
                                          specifications for                                                    
                                          gas chromatographs                                                    
                                          and temperature                                                       
                                          monitors are                                                          
                                          contained in Sec.                                                     
                                          63.365..                                                              
63.8(c)(7)(i)(C).......................                                                                         
(1) No                                   Opacity monitors are                                                   
                                          not required for                                                      
                                          these standards..                                                     
63.8(c)(7)(ii).........................                                                                         
(1) No                                   Performance                                                            
                                          specifications for                                                    
                                          gas chromatographs                                                    
                                          and temperature                                                       
                                          monitors are                                                          
                                          contained in Sec.                                                     
                                          63.365..                                                              
63.8(c)(8).............................                                                                         
(1) No                                                                                                          
63.8(d)................................  Yes..................  No...................                           
63.8(e)(1).............................                                                                         
(1) Yes                                                                                                         
63.8(e)(2).............................                                                                         
(1) Yes                                                                                                         
63.8(e)(3).............................  Yes..................  No...................                           
63.8(e)(4).............................                                                                         
(1) Yes                                                                                                         
63.8(e)(5)(i)..........................                                                                         
(1) Yes                                                                                                         
63.8(e)(5)(ii).........................                                                                         
(1) No                                   Opacity monitors are                                                   
                                          not required for                                                      
                                          these standards..                                                     
63.8(f)(1)-(5).........................                                                                         
(1) Yes                                                                                                         

[[Page 705]]

                                                                                                                
63.8(f)(6).............................                                                                         
(1) No                                                                                                          
63.8(g)(1).............................                                                                         
(1) Yes                                                                                                         
63.8(g)(2).............................                                                                         
(1) No                                                                                                          
63.8(g)(3)-(5).........................                                                                         
(1) Yes                                                                                                         
63.9(a)................................                                                                         
(1) Yes                                                                                                         
63.9(b)(1)-(i).........................                                                                         
(1) Yes                                                                                                         
63.9(b)(1)(ii)-(iii)...................                                                                         
(1) No                                   Sec.  63.366(c)(1)(i)                                                  
                                          contains language                                                     
                                          for sources that                                                      
                                          increase usage such                                                   
                                          that the source                                                       
                                          becomes subject to                                                    
                                          the emissions                                                         
                                          standards..                                                           
63.9(b)(2)-(3).........................                                                                         
(1) Yes                                  Sec.  63.366(c)(3)                                                     
                                          contains additional                                                   
                                          information to be                                                     
                                          included in the                                                       
                                          initial report for                                                    
                                          existing and new                                                      
                                          sources..                                                             
63.9(b)(4)-(5).........................                                                                         
(1)No                                    Sec.  63.366(c)(1)(ii                                                  
                                          ) and (iii) contains                                                  
                                          requirements for new                                                  
                                          or reconstructed                                                      
                                          sources subject to                                                    
                                          the emissions                                                         
                                          standards..                                                           
63.9(c)................................                                                                         
(1)Yes                                                                                                          
63.9(d)................................                                                                         
(1)No                                                                                                           
63.9(e)................................                                                                         
(1)Yes                                                                                                          
63.9(f)................................                                                                         
(1)No                                    Opacity monitors are                                                   
                                          not required for                                                      
                                          these standards..                                                     
63.9(g)(1).............................                                                                         
(1)Yes                                                                                                          
63.9(g)(2)-(3).........................                                                                         
(1)No                                    Opacity monitors and                                                   
                                          relative accuracy                                                     
                                          testing are not                                                       
                                          required for these                                                    
                                          standards..                                                           
63.9(h)(1)-(3).........................                                                                         
(1)Yes                                                                                                          
63.9(h)(4).............................                                                                         
(1)No                                    Reserved.............                                                  
63.9(h)(5).............................                                                                         
(1)No                                    Sec.  63.366(c)(2)                                                     
                                          instructs sources to                                                  
                                          submit actual data..                                                  
63.9(h)(6).............................                                                                         
(1)Yes                                                                                                          
63.9(i)................................                                                                         
(1)Yes                                                                                                          
63.9(j)................................                                                                         
(1)Yes                                                                                                          
63.10(a)...............................                                                                         
(1)Yes                                                                                                          
63.10(b)(1)............................                                                                         
(1)Yes                                                                                                          
63.10(b)(2)(i).........................                                                                         
(1)No                                    Not applicable due to                                                  
                                          batch nature of the                                                   
                                          industry..                                                            
63.10(b)(2)(ii)........................                                                                         
(1)Yes                                                                                                          
63.10(b)(2)(iii).......................                                                                         
(1)No                                                                                                           
63.10(b)(2)(iv)-(v)....................                                                                         
(1)No                                    A startup, shutdown,                                                   
                                          and malfunction plan                                                  
                                          is not required for                                                   
                                          these standards..                                                     
63.10(b)(2)(vi)-(xii)..................                                                                         
(1)Yes                                                                                                          
63.10(b)(2)(xiii)......................                                                                         
(1)No                                                                                                           
63.10(b)(2)(xiv).......................                                                                         
(1)Yes                                                                                                          
63.10(b)(3)............................                                                                         
(1)No                                    Sec.  63.367 (b) and                                                   
                                          (c) contains                                                          
                                          applicability                                                         
                                          determination                                                         
                                          requirements..                                                        
63.10(c)(1)............................                                                                         
(1)Yes                                                                                                          
63.10(c)(2)-(4)........................                                                                         
(1)No                                    Reserved.............                                                  
63.10(c)(5)............................                                                                         
(1)Yes                                     ...................                                                  
63.10(c)(6)............................                                                                         
(1)No                                      ...................                                                  
63.10(c)(7)............................                                                                         
(1)No                                    Not applicable due to                                                  
                                          batch nature of the                                                   
                                          industry..                                                            
63.10(c)(8)............................                                                                         
(1)Yes                                     ...................                                                  
63.10(c)(9)............................                                                                         
(1)No                                    Reserved.............                                                  
63.10(c)(10)-(13)......................                                                                         
(1)Yes                                     ...................                                                  
63.10(c)(14)...........................  Yes..................  No...................                           
63.10(c)(15)...........................                                                                         
(1)No                                    A startup, shutdown,                                                   
                                          and malfunction plan                                                  
                                          is not required for                                                   
                                          these standards..                                                     
63.10(d)(1)............................                                                                         
(1)Yes                                     ...................                                                  
63.10(d)(2)............................                                                                         
(1)Yes                                     ...................                                                  
63.10(d)(3)............................                                                                         
(1)No                                    Subpart O does not                                                     
                                          contain opacity or                                                    
                                          visible emissions                                                     
                                          standards..                                                           
63.10(d)(4)............................                                                                         
(1)Yes                                     ...................                                                  
63.10(d)(5)............................                                                                         
(1)No                                    A startup, shutdown,                                                   
                                          and malfunction plan                                                  
                                          is not required for                                                   
                                          these standards..                                                     
63.10(e)(1)............................                                                                         
(1)Yes                                     ...................                                                  
63.10(e)(2)(i).........................                                                                         
(1)Yes                                     ...................                                                  

[[Page 706]]

                                                                                                                
63.10(e)(2)(ii)........................                                                                         
(1)No                                    Opacity monitors are                                                   
                                          not required for                                                      
                                          these standards..                                                     
63.10(e)(3)(i)-(iv)....................                                                                         
(1)Yes                                     ...................                                                  
63.10(e)(3)(v).........................                                                                         
(1)No                                    Sec.  63.366(a)(3)                                                     
                                          specifies contents                                                    
                                          and submittal dates                                                   
                                          for excess emissions                                                  
                                          and monitoring                                                        
                                          system performance                                                    
                                          reports..                                                             
63.10(e)(3)(vi)-(viii).................                                                                         
(1)Yes                                     ...................                                                  
63.10(e)(4)............................                                                                         
(1)No                                    Opacity monitors are                                                   
                                          not required for                                                      
                                          these standards..                                                     
63.10(f)...............................                                                                         
(1)Yes                                     ...................                                                  
63.11..................................                                                                         
(1)Yes                                     ...................                                                  
63.12-63.15............................                                                                         
(1)Yes                                      ..................                                                  
----------------------------------------------------------------------------------------------------------------
a  See definition.                                                                                              

    (b) Sterilization sources using less than 1 ton (see definition) are 
not subject to the emissions standards in Sec. 63.362. The recordkeeping 
requirements of Sec. 63.367(c) apply.
    (c) This subpart does not apply to beehive fumigators.
    (d) This subpart does not apply to research or laboratory facilities 
as defined in section 112(c)(7) of title III of the Clean Air Act 
Amendment of 1990.
    (e) This subpart does not apply to ethylene oxide sterilization 
operations at stationary sources such as hospitals, doctors offices, 
clinics, or other facilities whose primary purpose is to provide medical 
services to humans or animals.
    (f) The owner or operator of a source, subject to the provisions of 
the title 40, chapter I, part 63 subpart O, using 1 ton (see definition) 
is subject to title V permitting requirements. These affected sources, 
if not major or located at major sources as defined under 40 CFR 70.2, 
may be deferred by the applicable title V permitting authority from 
title V permitting requirements for 5 years after the date on which the 
EPA first approves a part 70 program (i.e., until December 9, 1999). All 
sources receiving deferrals shall submit title V permit applications 
within 12 months of such date (by December 9, 2000). All sources 
receiving deferrals still must meet compliance schedule as stated in 
this Sec. 63.360.
    (g) The owner or operator shall comply with the provisions of this 
subpart as follows:
    (1) All sources subject to the emissions standards in Sec. 63.362 
with an initial startup date before December 8, 1997, no later than 3 
years after the effective date.
    (2) All sources subject to the emissions standards in Sec. 63.362 
with an initial startup date after December 8, 1997, immediately upon 
initial startup of the source.
    (3) All sources using less than 10 tons that increase their ethylene 
oxide usage after December 8, 1997 such that any vent becomes subject to 
the emissions standards in Sec. 63.362, immediately upon becoming 
subject to the emissions standards.

[59 FR 62589, Dec. 6, 1994, as amended at 61 FR 27788, June 3, 1996]



Sec. 63.361  Definitions.

    Terms and nomenclature used in this subpart are defined in the Clean 
Air Act (the Act) as amended in 1990, Secs. 63.2 and 63.3 of subpart A 
of this part, or in this section. For the purposes of subpart O, if the 
same term is defined in subpart A and in this section, it shall have the 
meaning given in this section.
    Aeration room means any vessel or room that is used to facilitate 
off-gassing of ethylene oxide at a sterilization facility.
    Aeration room vent means the point(s) through which the evacuation 
of ethylene oxide-laden air from an aeration room occurs.
    Baseline temperature means any temperature at the outlet point of a 
catalytic oxidation unit control device or

[[Page 707]]

at the exhaust point from the combustion chamber for a thermal oxidation 
unit control device established during the performance test when the 
respective unit achieves at least 99-percent control of ethylene oxide 
emissions.
    Chamber exhaust vent means the point(s) through which ethylene 
oxide-laden air is removed from the sterilization chamber during chamber 
unloading following the completion of sterilization and associated air 
washes.
    Compliance date means the date by which a source subject to the 
emissions standards in Sec. 63.362 is required to be in compliance with 
the standard.
    Effective date means the date of promulgation in the Federal 
Register notice.
    Initial startup date means the date when a source subject to the 
emissions standards in Sec. 63.362 first begins operation of a 
sterilization process.
    Manifolding emissions means combining ethylene oxide emissions from 
two or more different vent types for the purpose of controlling these 
emissions with a single control device.
    Maximum ethylene glycol concentration means any 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.
    Maximum liquor tank level means any 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.
    Oxidation temperature means the temperature at the outlet point of a 
catalytic oxidation unit control device or at the exhaust point from the 
combustion chamber for a thermal oxidation unit control device.
    Parametric monitoring means monitoring of a specific operating 
parameter of the control device that demonstrates that the control 
device is operating under conditions that meet the standard.
    Source(s) using less than 1 ton means source(s) using less than 907 
kg (1 ton) of ethylene oxide within all consecutive 12-month periods 
after December 6, 1996.
    Source(s) using 1 ton means source(s) using 907 kg (1 ton) or more 
of ethylene oxide within any consecutive 12-month period after December 
6, 1996.
    Source(s) using 1 to 10 tons means source(s) using 907 kg (1 ton) or 
more of ethylene oxide in any consecutive 12-month period but less than 
9,070 kg (10 tons) of ethylene oxide in all consecutive 12-month periods 
after December 6, 1996.
    Source(s) using less than 10 tons means source(s) using less than 
9,070 kg (10 tons) of ethylene oxide in all consecutive 12-month periods 
after December 6, 1996.
    Source(s) using 10 tons means source(s) using 9,070 kg (10 tons) or 
more of ethylene oxide in any consecutive 12-month period after December 
6, 1996.
    Sterilization chamber means any enclosed vessel or room that is 
filled with ethylene oxide gas, or an ethylene oxide/inert gas mixture, 
for the purpose of sterilizing and/or fumigating at a sterilization 
facility.
    Sterilization chamber vent means the point (prior to the vacuum 
pump) through which the evacuation of ethylene oxide from the 
sterilization chamber occurs following sterilization or fumigation, 
including any subsequent air washes.
    Sterilization facility means any stationary source where ethylene 
oxide is used in the sterilization or fumigation of materials.
    Sterilization operation means any time when ethylene oxide is 
removed from the sterilization chamber through the sterilization chamber 
vent or the chamber exhaust vent or when ethylene oxide is removed from 
the aeration room through the aeration room vent.



Sec. 63.362  Standards.

    (a) Each owner or operator of a source subject to the provisions of 
this subpart shall comply with these requirements on and after the 
compliance date specified in Sec. 63.360(g). The standards of this 
section are summarized in Table 1 of this section.

[[Page 708]]



                             Table 1 of Section 63.362.--Standards for Ethylene Oxide Commercial Sterilizers and Fumigators                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Existing and new sources                Source type           Sterilization chamber vent       Aeration room vent          Chamber exhaust vent   
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source size.........................  <907 kg (<1 ton)...........                                                                                       
(2)No controls required; minimal                                                                                                                        
 recordkeeping requirements apply                                                                                                                       
 (see Sec.  63.367(c)).                                                                                                                                 
                                                                                                                                                        
                                      907 kg and <9,070 kg (1 ton  99% emission reduction (see  No control.................  Maximum chamber            
                                       and <10 tons.                Sec.  63.362(c)).                                         concentration limit of    
                                                                                                                              5,300 ppm prior to        
                                                                                                                              activation of the chamber 
                                                                                                                              exhaust \1\ (see Sec.     
                                                                                                                              63.362(e)(2)).            
                                      9,070 kg (10 tons).........  99% emission reduction (see  1 ppm maximum outlet         Manifold to a control      
                                                                    Sec.  63.362(c)).            concentration or 99%         device used to comply with
                                                                                                 emission reduction (see      Sec.  63.362 (c) or (d) or
                                                                                                 Sec.  63.362(d)).            99 percent emission       
                                                                                                                              reduction (see Sec.       
                                                                                                                              63.362(e)(1)).            
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Affected sources may show compliance by manifolding emissions to a control device used to comply with Sec.  63.362 (c) or (d) by reducing emissions 
  by at least 99 percent.                                                                                                                               


[[Page 709]]

    (b) Applicability of emission limits. The emission limitations of 
paragraphs (c), (d), and (e) of this section apply during sterilization 
operation. The emission limitations do not apply during periods of 
malfunction.
    (c) Sterilization chamber vent at sources using 1 ton. Each owner or 
operator of a sterilization source using 1 ton shall reduce ethylene 
oxide emissions to the atmosphere by at least 99 percent from each 
sterilization chamber vent.
    (d) Aeration room vent at sources using 10 tons. Each owner or 
operator of a sterilization source using 10 tons shall reduce ethylene 
oxide emissions to the atmosphere from each aeration room vent to a 
maximum concentration of 1 ppmv or by at least 99 percent, whichever is 
less stringent, from each aeration room vent.
    (e) (1) Chamber exhaust vent at sources using 10 tons. Each owner or 
operator of a sterilization source using 10 tons shall either reduce 
ethylene oxide emissions to the atmosphere by manifolding emissions from 
each chamber exhaust vent to a control device used to comply with 
paragraphs (c) or (d) of this section or shall reduce ethylene oxide 
emissions by at least 99 percent from each chamber exhaust vent (without 
manifolding).
    (2) Chamber exhaust vent at sources using 1 to 10 tons. Each owner 
or operator of a sterilization source using 1 to 10 tons shall limit 
ethylene oxide emissions from the chamber exhaust vent to the atmosphere 
to a maximum concentration of 5,300 ppmv from each chamber exhaust vent. 
If the owner or operator chooses to limit emissions to 5,300 ppmv 
concentration through the use of a control device, the owner or operator 
may choose either to manifold ethylene oxide emissions from each chamber 
exhaust vent to a control device used to comply with paragraph (c) of 
this section or to reduce ethylene oxide emissions by at least 99 
percent (without manifolding).



Sec. 63.363  Compliance and performance testing.

    (a) (1) The owner or operator of a source subject to emissions 
standards in Sec. 63.362 shall conduct an initial performance test using 
the procedures listed in Sec. 63.7 of subpart A of this part according 
to the applicability in Table 1 of Sec. 63.360, the procedures listed in 
this section, and the test methods listed in Sec. 63.365.
    (2) The owner or operator of all sources subject to these emissions 
standards shall complete the performance test within 180 days after the 
compliance date for the specific source as determined in Sec. 63.360(g).
    (b) The following procedures shall be used to determine compliance 
with the emission limits under Sec. 63.362(c), the sterilization chamber 
vent standard:
    (1) During the performance test required in paragraph (a) of this 
section, the owner or operator shall determine the efficiency of control 
devices used to comply with Sec. 63.362(c) using the test methods and 
procedures in Sec. 63.365(b)(1). The owner or operator shall also 
determine the following:
    (i) For facilities with acid-water scrubbers, the owner or operator 
shall establish as a site-specific operating parameter during the test 
methods and procedures in Sec. 63.365(b)(1) either:
    (A) The maximum ethylene glycol concentration using the procedures 
described in Sec. 63.365(e)(1); or
    (B) The maximum liquor tank level using the procedures described in 
Sec. 63.365(e)(2).
    (ii) For facilities with catalytic oxidizers or thermal oxidizers, 
the owner or operator shall establish as a site-specific operating 
parameter the baseline temperature during the performance test in 
Sec. 63.365(b)(2) using the procedures described in Sec. 63.365(f)(1).
    (2) Following the date on which the initial performance test is 
completed, the owner or operator shall comply with one of the following 
provisions:
    (i) For facilities with acid-water scrubbers, operation of the 
facility with an ethylene glycol concentration in the scrubber liquor in 
excess of the maximum ethylene glycol concentration or the liquor tank 
level in excess of the maximum liquor tank level shall constitute a 
violation of the sterilization chamber vent standard.
    (ii) For facilities with catalytic oxidizers or thermal oxidizers, 
operation of the facility with the oxidation temperature, averaged over 
three cycles, more than 5.6 deg.C (10 deg.F) below the baseline 
temperature shall constitute a

[[Page 710]]

violation of the sterilization chamber vent standard.
    (c) The following procedures shall be used to determine compliance 
with the emission limits under Sec. 63.362(d), the aeration room vent 
standard:
    (1) During the performance test required in paragraph (a) of this 
section, the owner or operator shall determine either:
    (i) The concentration of ethylene oxide emitted from the aeration 
room into the atmosphere (after any control device used to comply with 
Sec. 63.362(d)) using the methods in Sec. 63.365(c)(1); or
    (ii) The efficiency of the control device used to comply with 
Sec. 63.362(d) using the test methods and procedures in 
Sec. 63.365(d)(1).
    (2) For facilities seeking to comply with paragraph (c)(1)(ii) of 
this section with catalytic oxidizers or thermal oxidizers, the owner or 
operator must also establish as a site-specific operating parameter the 
baseline temperature using the procedures described in 
Sec. 63.365(f)(2).
    (3) Following the date on which the initial performance test is 
completed, the owner or operator of a facility shall comply with one of 
the following provisions:
    (i) For facilities continuously measuring the ethylene oxide 
concentration emitted from the aeration room (after any control device), 
operation of the facility with a 3-hour average ethylene oxide 
concentration in excess of the 1 ppmv ethylene oxide concentration limit 
shall constitute a violation of the aeration room vent standard.
    (ii) For facilities with catalytic oxidizers or thermal oxidizers, 
operation of the facility with the oxidation temperature, averaged over 
three hours, more than 5.6 deg.C (10 deg.F) below the baseline 
temperature shall constitute a violation of the aeration room vent 
standard.
    (d) The following procedures shall be used to determine compliance 
with the emission limits under Sec. 63.362(e)(1), the chamber exhaust 
vent standard for sources using 10 tons:
    (1) For facilities manifolding emissions from the chamber exhaust 
vent to a control device controlling emissions from the sterilization 
chamber vent and/or the aeration room vent, the owner or operator shall 
comply with the appropriate compliance provisions for that vent type and 
control device (see paragraphs (b) and (c) of this section).
    (2) For facilities not manifolding emissions from the chamber 
exhaust vent (to a control device used to comply with Sec. 63.362(c) or 
(d)), the owner or operator shall comply with the following:
    (i) During the performance test required in paragraph (a) of this 
section, the owner or operator shall determine the efficiency of control 
devices used to comply with Sec. 63.362(e)(1) using the test methods and 
procedures in Sec. 63.365(d)(2) as well as the following:
    (A) For facilities with acid-water scrubbers, the owner or operator 
shall establish as a site-specific operating parameter either:
    (1) The maximum ethylene glycol concentration using the procedures 
described in Sec. 63.365(e)(1); or
    (2) The maximum liquor tank level using the procedures described in 
Sec. 63.365(e)(2).
    (B) For facilities with catalytic oxidizers or thermal oxidizers, 
the owner or operator shall establish as a site-specific operating 
parameter the baseline temperature using the procedures described in 
Sec. 63.365(f)(3).
    (ii) Following the date on which the initial performance test is 
completed, the owner or operator of a facility shall comply with one of 
the following provisions:
    (A) For facilities with acid-water scrubbers, operation of the 
facility with an ethylene glycol concentration in the scrubber liquor in 
excess of the maximum ethylene glycol concentration or the liquor tank 
level in excess of the maximum liquor tank level shall constitute a 
violation of the chamber exhaust vent standard for sources using 10 
tons.
    (B) For facilities with catalytic oxidizers or thermal oxidizers, 
operation of the facility with the oxidation temperature, averaged over 
the cycle, more than 5.6 deg.C (10 deg.F) below the baseline temperature 
shall constitute a violation of the chamber exhaust vent standard for 
sources using 10 tons.
    (e) The following procedures shall be used to determine compliance 
with the

[[Page 711]]

emission limits under Sec. 63.362(e)(2), the chamber exhaust vent 
standard for sources using 1 to 10 tons:
    (1) For facilities manifolding emissions from the chamber exhaust 
vent to a control device controlling emissions from the sterilization 
chamber vent, the owner or operator shall comply with the appropriate 
compliance provisions for the appropriate control technology (see 
paragraph (b) of this section).
    (2) For facilities not manifolding emissions from the chamber 
exhaust vent (to a control device used to comply with Sec. 63.362(c)), 
during the performance test required in paragraph (a) of this section, 
the owner or operator shall either:
    (i) Determine the concentration of ethylene oxide in the 
sterilization chamber immediately prior to the operation of the chamber 
exhaust using the test methods and procedures in Sec. 63.365(c)(2); or
    (ii) Determine the efficiency of control devices used to comply with 
Sec. 63.362(e)(2) using the test methods and procedures in 
Sec. 63.365(d)(2) as well as the following:
    (A) For facilities with acid-water scrubbers, the owner or operator 
shall establish as a site-specific operating parameter either:
    (1) The maximum ethylene glycol concentration using the procedures 
described in Sec. 63.365(e)(1); or
    (2) The maximum liquor tank level using the procedures described in 
Sec. 63.365(e)(2).
    (B) For facilities with catalytic oxidizers or thermal oxidizers, 
the owner or operator shall establish as a site-specific operating 
parameter the baseline temperature using the procedures described in 
Sec. 63.365(f)(3).
    (3) Following the date on which the initial performance test is 
completed, the owner or operator of a facility shall comply with one of 
the following provisions:
    (i) For facilities determining the ethylene oxide concentration, 
operation of the facility with the ethylene oxide concentration in the 
sterilization chamber (immediately prior to activation of the chamber 
exhaust) in excess of the 5,300 ppmv ethylene oxide concentration 
standard shall constitute a violation of the chamber exhaust vent 
standard for sources using 1 to 10 tons.
    (ii) Following the date on which the initial performance test is 
completed, the owner or operator of a facility shall comply with one of 
the following provisions:
    (A) For facilities with acid-water scrubbers, operation of the 
facility with an ethylene glycol concentration in the scrubber liquor in 
excess of the maximum ethylene glycol concentration or the liquor tank 
level in excess of the maximum liquor tank level shall constitute a 
violation of the chamber exhaust vent standard for sources using 1 to 10 
tons.
    (B) For facilities with catalytic oxidizers or thermal oxidizers, 
operation of the facility with the oxidation temperature, averaged over 
the cycle, more than 5.6 deg.C (10 deg.F) below the baseline temperature 
shall constitute a violation of the chamber exhaust vent standard for 
sources using 1 to 10 tons.
    (f) For facilities complying with the emissions limits under 
Sec. 63.362 with a control technology other than acid- water scrubbers 
or catalytic or thermal oxidizers:
    (1) The owner or operator of the facility shall provide to the 
Administrator information describing the design and operation of the air 
pollution control system including recommendations for the operating 
parameters to be monitored to indicated proper operation and maintenance 
of the air pollution control system. Based on this information, the 
Administrator will determine the site-specific operating parameter(s) to 
be established during the performance test. During the performance test 
required in paragraph (a) of this section using the methods approved in 
Sec. 63.365(g), the owner or operator shall determine the site-specific 
operating parameter(s) approved by the Administrator.
    (2) Operation of the facility in a manner that exceeds a site-
specific parameter established as a maximum requirement or falls below a 
site-specific parameter established as a minimum requirement (depending 
on the parameters monitored) shall constitute a violation of the 
applicable emissions standard under Sec. 63.362.

[[Page 712]]



Sec. 63.364  Monitoring requirements.

    (a)(1) The owner or operator of a source subject to emissions 
standards in Sec. 63.362 shall comply with the monitoring requirements 
in Sec. 63.8 of subpart A of this part, according to the applicability 
in Table 1 of Sec. 63.360, and in this section.
    (2) Each owner or operator of an ethylene oxide sterilization 
facility subject to these emissions standards shall monitor the 
parameters specified in this section. All monitoring equipment shall be 
installed such that representative measurements of emissions or process 
parameters from the source are obtained. For monitoring equipment 
purchased from a vendor, verification of the operational status of the 
monitoring equipment shall include completion of the manufacturer's 
written specifications or recommendations for installation, operation, 
and calibration of the system.
    (b) For sterilization facilities complying with Sec. 63.363 (b), 
(d), or (e) through the use of an acid-water scrubber, the owner or 
operator shall either:
    (1) Sample the scrubber liquor and analyze and record once per week 
the ethylene glycol concentration of the scrubber liquor using the test 
methods and procedures in Sec. 63.365(e)(1). Monitoring is required 
during a week only if the scrubber unit has been operated; or
    (2) Measure and record once per week the level of the scrubber 
liquor in the recirculation tank. The owner or operator shall install, 
maintain, and use a liquid level indicator to measure the scrubber 
liquor tank level (i.e., a marker on the tank wall, a dipstick, a 
magnetic indicator, etc.).
    (c) For sterilization facilities complying with Sec. 63.363(b), (c), 
(d), or (e) 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 the temperature 
monitor described in paragraph (c)(4) of this section.
    (1) 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 in Sec. 63.365(b)(2)) and 
a three-cycle block average every third cycle.
    (2) 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.
    (3) For the 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 in Sec. 63.365(d)(2)).
    (4) The owner or operator shall install, calibrate, operate, and 
maintain a temperature monitor accurate to within 5.6 deg.C 
(10 deg.F) to measure the oxidation temperature. 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) standards or 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.
    (d) For sterilization facilities complying with Sec. 63.363(b), (c), 
(d), or (e) through 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 using the 
methods and procedures in Sec. 63.365(g).
    (e) For sterilization facilities complying with Sec. 63.363(c)(3)(i) 
or (e)(2)(i) through the use of direct measurement of ethylene oxide 
concentration, the owner or operator shall follow either paragraph 
(e)(1) or (2) of this section:
    (1) 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 according to the procedures specified in 
Sec. 63.365(c)(1). The owner or operator shall compute and record a 3-
hour average every third hour. The

[[Page 713]]

owner or operator will install, calibrate, operate, and maintain a gas 
chromatograph consistent with the requirements of performance 
specification (PS) 9 in 40 CFR part 60, Appendix B, to measure ethylene 
oxide. The daily calibration requirements of section 7.2 of PS 9 are 
required only on days when ethylene oxide emissions are vented to the 
control device from the aeration room vent.
    (2) Measure and record the ethylene oxide concentration in the 
sterilization chamber immediately before the chamber exhaust is 
activated according to the procedures specified in Sec. 63.365(c)(2). 
The owner or operator shall install, calibrate, operate, and maintain a 
gas chromatograph consistent with the requirements of PS 9 to measure 
ethylene oxide concentration. The daily calibration requirements of 
section 7.2 of PS 9 are required only on days when the chamber exhaust 
is activated.
    (f) For sterilization facilities complying with Sec. 63.363(d)(1) or 
(e)(1) by manifolding emissions from the chamber exhaust vent to a 
control device controlling emissions from another vent type, the owner 
or operator shall monitor the control device to which emissions from the 
chamber exhaust vent are manifolded using the appropriate monitoring 
requirements in paragraphs (a) through (e) of this section and record 
the monitoring data.



Sec. 63.365  Test methods and procedures.

    (a) Performance testing. The owner or operator of a source subject 
to the emissions standards in Sec. 63.362 shall comply with the 
performance testing requirements in Sec. 63.7 of subpart A of this part, 
according to the applicability in Table 1 of Sec. 63.360, and in this 
section.
    (b) Efficiency at the sterilization chamber vent. The following 
procedures shall be used to determine the efficiency of all types of 
control devices used to comply with Sec. 63.362(c), sterilization 
chamber vent standard.
    (1) First evacuation of the sterilization chamber. This procedure 
shall be performed on an empty sterilizer for the duration of the first 
evacuation under normal operating conditions (i.e., sterilization cycle 
pressure and temperature) and charging a typical amount of ethylene 
oxide to the sterilization chamber.
    (i) The amount of ethylene oxide loaded into the sterilizer 
(Wc) shall be determined by either:
    (A) Weighing the ethylene oxide gas cylinder(s) used to charge the 
sterilizer before and after charging. Record these weights to the 
nearest 45 g (0.1 lb). Multiply the total mass of gas charged by the 
weight percent ethylene oxide present in the gas.
    (B) Installing calibrated rotameters at the sterilizer inlet and 
measuring flow rate and duration of sterilizer charge. Use the following 
equation to convert flow rate to weight of ethylene oxide:
[GRAPHIC] [TIFF OMITTED] TR06DE94.024

where:

Wc=weight of ethylene oxide charged, g (lb)
Fv=volumetric flow rate, liters per minute (L/min) corrected to 20 
deg.C and 101.325 kilopascals (kPa) (scf per minute (scfm) corrected to 
68  deg.F and 1 atmosphere of pressure (atm)); the flowrate must be 
constant during time (t)
t=time, min
%EOV=volume fraction ethylene oxide
SV=standard volume, 24.05 liters per mole (L/mole)=22.414 L/mole ideal 
gas law constant corrected to 20  deg.C and 101.325 kPa (385.32 scf per 
mole (scf/mole)=359 scf/mole ideal gas law constant corrected to 68 
deg.F and 1 atm).
MW=molecular weight of ethylene oxide, 44.05 grams per gram-mole (g/g-
mole) (44.05 pounds per pound-mole (lb/lb-mole)), or

    (C) Calculating the mass based on the conditions of the chamber 
immediately after it has been charged using the following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.025

where:
P=chamber pressure, kPa (psia)
V=chamber volume, liters (L) (ft\3\)
R=gas constant, 8.313 LkPa/g-mole (10.73 
psiaft\3\/mole deg.R)
T=temperature, K ( deg.R)


[[Page 714]]


    Note: If the ethylene oxide concentration is in weight percent, use 
the following equation to calculate mole fraction:

[GRAPHIC] [TIFF OMITTED] TR06DE94.026

where:

WEO=weight percent of ethylene oxide
Wx=weight percent of compound in the balance of the mixture
MWx=molecular weight of compound in the balance gas mixture

    (ii) The residual mass of ethylene oxide in the sterilizer shall be 
determined by recording the chamber temperature, pressure, and volume 
after the completion of the first evacuation and using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.027

where:

Wr=weight of ethylene oxide remaining in chamber (after the first 
evacuation), in g (lb)

    (iii) Calculate the total mass of ethylene oxide at the inlet to the 
control device (Wi) by subtracting the residual mass (Wr) 
calculated in paragraph (b)(1)(ii) of this section from the charged 
weight (Wc) calculated in paragraph (b)(1)(i) of this section.
    (iv) The mass of ethylene oxide emitted from the control device 
outlet (Wo) shall be calculated by continuously monitoring the flow 
rate and concentration using the following procedure.
    (A) Measure the flow rate through the control device exhaust 
continuously during the first evacuation using the procedure found in 40 
CFR part 60, appendix A, Test Methods 2, 2A, 2C, or 2D, as appropriate. 
(Method 2D (using orifice plates or Rootstype meters) is recommended for 
measuring flow rates from sterilizer control devices.) Record the flow 
rate at 1-minute intervals throughout the test cycle, taking the first 
reading within 15 seconds after time zero. Time zero is defined as the 
moment when the pressure in the sterilizer is released. Correct the flow 
to standard conditions (20 deg.C and 101.325 kPa (68 deg.F and 1 atm)) 
and determine the flow rate for the run as outlined in the test methods 
listed in paragraph (b) of this section.
    (B) The Tedlar bag sampling procedure in section 7.1 of Test Method 
18, 40 CFR part 60, appendix A (hereafter referred to as Method 18) 
shall be used to collect samples of exhaust gas throughout the test 
cycle. Follow the procedures in paragraph (b)(1)(iv)(B)(1) or (2) of 
this section.
    (1) Continuously sample a slipstream of the control device outlet 
into a Tedlar bag by having a Tedlar bag attached to the slipstream for 
the entire duration of the run for an integrated bag sample. Whenever a 
Tedlar bag is full, a new bag must be reattached immediately. Note the 
time the bag is changed so the sample time and corresponding flow rates 
can be determined for each bag.
    (i) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the bag samples collected. The bag samples shall be analyzed 
within 8 hours of collection.
    (ii) Prepare a graph of volumetric flow rate versus time 
corresponding to the period each bag was sampled. Integrate the area 
under the curve to determine the volume.
    (iii) Calculate the mass of ethylene oxide for each bag by using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.028

where:
Wb=Mass of ethylene oxide for each bag, g (lb)
C=concentration of ethylene oxide in ppmv
V=volume of gas exiting the control device corresponding to each bag 
sample corrected to standard conditions, L (ft\3\)
1/10\6\=correction factor LEO/10\6\ LTOTAL GAS (ft\3\EO/
10\6\ ft\3\ TOTAL GAS)

Sum the mass corresponding to each bag (Wb) used during the 
evacuation to calculate the total mass (Wo).

    (iv) Calculate the efficiency by the equation in paragraph (b)(1)(v) 
of this section.

[[Page 715]]

    (2) Collect a Tedlar bag (or equivalent collection device) sample at 
1-minute intervals throughout the test cycle. (The first bag must be in 
place and sampling at t=15 seconds. A fresh bag shall be in place and 
sampling exhaust gas at each 1-minute mark after time zero.) Collect 
enough sample gas in each bag to complete the analysis. Each bag sample 
shall be labeled with the sampling time and run number.
    (i) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the bag samples collected. The bag samples shall be analyzed 
within 8 hours of collection. (Syringe samples should be analyzed within 
4 hours.)
    (ii) Plot a concentration versus time curve using the average 
concentration, in ppmv, determined in each bag sample. Prepare another 
graph of volumetric flow rate versus time. Calculate the mass flow at 
each 1-minute interval point by selecting the concentration (C) and 
volumetric flow rate corrected to standard conditions (Fv) at each 
1-min point.
    (iii) Use the following equation to determine the mass flow rate of 
ethylene oxide exiting the control device:
[GRAPHIC] [TIFF OMITTED] TR06DE94.029

where:

Wt = mass flow rate of ethylene oxide
    (iv) Plot a curve of mass flow rate versus time and integrate for 
total mass of ethylene oxide for the control device outlet (Wo).
    (v) Calculate efficiency by the equations in paragraphs (b)(1) (v) 
and (vi) of this section.
    (C) As an alternative to paragraph (b)(1)(ii) of this section, the 
direct interface sampling and analysis procedure described in Method 18, 
section 7.2, may be used to continuously monitor ethylene oxide 
concentration at the inlet and outlet of the control device using a gas 
chromatograph with flame ionization detector (GC/FID) or photoionization 
detector (GC/PID). This procedure may be used only if a vent sample may 
be sampled and analyzed by the GC/FID or GC/PID at least once per 
minute.
    (1) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the sample.
    (2) Follow the procedures in paragraphs (b)(1)(iv)(B)(2) (ii) 
through (v) of this section.
    (v) Determine control device efficiency (% Eff) using the following 
equation:

[GRAPHIC] [TIFF OMITTED] TR06DE94.030

where:

% Eff = percent efficiency
Wi = mass flow rate into the control device
Wo = mass flow rate out of the control device
    (vi) Repeat the procedures in paragraphs (b)(1) (i) through (v) of 
this section three times. The arithmetic average percent efficiency of 
the three runs shall determine the overall efficiency of the control 
device.
    (2) Last evacuation of the sterilization chamber. One of the 
following procedures (paragraph (b)(2) (i) or (ii) of this section) 
shall be performed during the last evacuation of the sterilization 
chamber:
    (i) The direct interface sampling and analysis procedure described 
in Method 18, section 7.2, may be used to continuously monitor ethylene 
oxide concentration at the inlet and outlet of the control device using 
a GC/FID or GC/PID; this procedure may be used only if a vent may be 
sampled and analyzed by the GC/FID or GC/PID once per minute for the 
duration of the last cycle.
    (A) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the sample.
    (B) Follow the procedures in paragraphs (b)(1)(iv)(B)(2)(ii) through 
(iv) of this section.
    (C) Determine control device efficiency (% Eff) using the following 
equation:

[[Page 716]]

[GRAPHIC] [TIFF OMITTED] TR06DE94.031


where:

% Eff = percent efficiency
Wi = mass flow rate into the control device
Wo = mass flow rate out of the control device

    (D) Repeat the procedures in paragraphs (b)(2)(i) (A) through (C) of 
this section three times. The arithmetic average percent efficiency of 
the three runs shall determine the overall efficiency of the control 
device.
    (ii) The Tedlar bag sampling procedure in section 7.1 of Method 18, 
may be used to collect samples of inlet and exhaust gas for the duration 
of the last cycle.
    (A) Continuously sample a slipstream of the control device inlet and 
outlet into a Tedlar bag by having a Tedlar bag attached to the 
slipstream for the entire duration of the run for an integrated bag 
sample. Whenever a Tedlar bag is full, a new bag must be reattached 
immediately. Note the time the bag is changed so the sample time and 
corresponding flow rates can be determined for each bag.
    (B) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the bag samples collected. The bag samples shall be analyzed 
within 8 hours of collection.
    (C) Follow the procedures in paragraphs (b)(1)(iv)(B)(2)(ii) through 
(iv) of this section.
    (D) Determine control device efficiency (% Eff) using the equation 
in paragraph (b)(2)(i)(C) of this section.
    (E) Repeat the procedures in paragraphs (b)(2)(ii)(A) through (D) of 
this section three times. The arithmetic average percent efficiency of 
the three runs shall determine the overall efficiency of the control 
device.
    (iii) In the event that the outlet concentration from the control 
device is below the detection limit for ethylene oxide for determining 
the efficiency in paragraph (b)(2)(i)(C) or (ii)(D) of this section, the 
owner or operator shall assume the control device is meeting the 
standard in Sec. 63.362(e)(1) or (2) if the inlet ethylene oxide 
concentration is at or below approximately 50 ppmv.
    (c) Concentration determination. The following procedures shall be 
used to determine the ethylene oxide concentration as the monitored 
parameter established in Sec. 63.363(c) and (e) for aeration room 
emissions and chamber exhaust vents, respectively, and to continuously 
monitor the ethylene oxide concentration for aeration room vents as 
established in Sec. 63.364(e)(1) and to monitor the ethylene oxide 
concentration before activation of the chamber exhaust for chamber 
exhaust vents as established in Sec. 63.364(e)(2).
    (1) Aeration room vent. For determining the ethylene oxide 
concentration for aeration room emissions, the procedures outlined in 
section 7.2 of Method 18 shall be used. Repeat these procedures three 
times. The arithmetic average of the ethylene oxide concentration of the 
three test runs shall determine the overall outlet ethylene oxide 
concentration from the control device. Compliance testing of gas 
chromatographs shall be performed using PS 9 in 40 CFR part 60.
    (2) Sterilization chamber prior to activation of the chamber 
exhaust. For determining the ethylene oxide concentration in the 
sterilization chamber before activation of the chamber exhaust, the 
procedures outlined in sections 7.2 or 7.3 of Method 18 shall be used. 
The ethylene oxide concentration from one test run shall determine the 
outlet ethylene oxide concentration from the chamber exhaust vent. 
Compliance testing of gas chromatographs shall be performed using PS 9 
in 40 CFR part 60.
    (d) Efficiency determination at the aeration room vent and at the 
chamber exhaust vent (not manifolded). The following procedures shall be 
used to determine the efficiency of a control device used to comply with 
Sec. 63.362(d) or (e), the aeration room vent standard or the chamber 
exhaust vent standards (without manifolding the chamber exhaust vent 
emissions to another vent type):
    (1) Aeration room vent. For determining the efficiency of aeration 
room vent control devices, either of the following test methods 
(paragraph (d)(1)(i) or (ii) of this section) may be used:

[[Page 717]]

    (i) the direct interface sampling and analysis procedure described 
in Method 18, section 7.2, may be used to continuously monitor ethylene 
oxide concentration at the inlet and outlet of the control device using 
a GC/FID or GC/PID; this procedure may be used only if a vent may be 
sampled and analyzed by the GC/FID or GC/PID once every 5 minutes 
throughout a 1-hour test run.
    (A) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the sample.
    (B) Follow the procedures in paragraphs (b)(1)(iv)(B)(2)(ii) through 
(iv) of this section.
    C) Determine control device efficiency (% Eff) using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.032

where:

% Eff=percent efficiency
Wi=mass flow rate into the control device
Wo=mass flow rate out of the control device

    (D) Repeat the procedures in paragraphs (d)(1)(i)(A) through (C) of 
this section three times. The arithmetic average percent efficiency of 
the three runs shall determine the overall efficiency of the control 
device.
    (ii) The Tedlar bag sampling procedure in section 7.1 of Method 18 
may be used to collect samples of inlet and exhaust gas throughout a 1-
hour test run.
    (A) Continuously sample a slipstream of the control device inlet and 
outlet into a Tedlar bag by having a Tedlar bag attached to the 
slipstream for the entire duration of the run for an integrated bag 
sample. Whenever a Tedlar bag is full, a new bag must be reattached 
immediately. Note the time the bag is changed so the sample time and 
corresponding flow rates can be determined for each bag.
    (B) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the bag samples collected. The bag samples shall be analyzed 
within 8 hours of collection.
    (C) Follow the procedures in paragraphs (b)(1)(iv)(B)(2)(ii) through 
(iv) of this section.
    (D) Determine control device efficiency (% Eff) using the equation 
in paragraph (d)(1)(i)(C) of this section.
    (E) Repeat the procedures in paragraphs (d)(1)(ii)(A) through (D) of 
this section three times. The arithmetic average percent efficiency of 
the three runs shall determine the overall efficiency of the control 
device.
    (2) Chamber exhaust vent (not manifolded). For determining the 
efficiency of non-manifolded chamber exhaust vent control devices, 
either of the following test methods (paragraph (d)(2)(i) or (ii) of 
this section) may be used:
    (i) The direct interface sampling and analysis procedures described 
in Method 18, section 7.2 or 7.3, may be used to continuously monitor 
ethylene oxide concentration at the inlet and outlet of the control 
device using a GC/FID or GC/PID; these procedures may be used only if a 
vent may be sampled and analyzed by the GC/FID or GC/PID once per minute 
for the duration of each cycle when the chamber exhaust vent is 
operated.
    (A) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the sample.
    (B) Follow the procedures in paragraphs (b)(1)(iv)(B)(2)(ii) through 
(iv) of this section.
    (C) Determine control device efficiency (% Eff) using the following 
equation: where:
[GRAPHIC] [TIFF OMITTED] TR06DE94.033

where:

% Eff = percent efficiency
Wi = mass flow rate into the control device
Wo = mass flow rate out of the control device

    (D) Repeat the procedures in paragraphs (d)(2)(i)(A) through (C) of 
this section three times. The arithmetic average percent efficiency of 
the three

[[Page 718]]

runs shall determine the overall efficiency of the control device.
    (ii) The Tedlar bag sampling procedure in section 7.1 of Method 18 
may be used to collect samples of inlet and exhaust gas for the duration 
of each cycle when the chamber exhaust vent is operated.
    (A) Continuously sample a slipstream of the control device inlet and 
outlet into a Tedlar bag by having a Tedlar bag attached to the 
slipstream for the entire duration of the run for an integrated bag 
sample. Whenever a Tedlar bag is full, a new bag must be reattached 
immediately. Note the time the bag is changed so the sample time and 
corresponding flow rates can be determined for each bag.
    (B) Follow the procedures in section 6 of Method 18 and choose the 
appropriate column, analytical apparatus, and calibration gases for the 
analysis of the bag samples collected. The bag samples shall be analyzed 
within 8 hours of collection.
    (C) Follow the procedures in paragraphs (b)(1)(iv)(B)(2)(ii) through 
(iv) of this section.
    (D) Determine control device efficiency (% Eff) using the equation 
in paragraph (d)(2)(i)(C) of this section.
    (E) Repeat the procedures in paragraphs (d)(2)(ii)(A) through (D) of 
this section three times. The arithmetic average percent efficiency of 
the three runs shall determine the overall efficiency of the control 
device.
    (iii) In the event that the outlet concentration from the control 
device is below the detection limit for ethylene oxide for determining 
the efficiency in paragraph (d)(2)(i)(C) or (ii)(D) of this section, the 
owner or operator shall assume the control device is meeting the 
standard in Sec. 63.362(e)(1) or (2) if the inlet ethylene oxide 
concentration is at or below approximately 50 ppmv.
    (e) Determination of baseline parameters for acid-water scrubbers. 
The procedures in this paragraph shall be used to determine the 
monitored parameters established in Sec. 63.363(b), (d), or (e) for 
acid-water scrubbers and to monitor the parameters as established in 
Sec. 63.364(b).
    (1) Ethylene glycol concentration. 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, (incorporated 
by reference--see Sec. 63.14) shall be used to determine the ethylene 
glycol concentration.
    (2) Scrubber liquor tank level. 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.
    (f) Determination of baseline temperature for oxidation units. The 
procedures in this paragraph shall be used to demonstrate the baseline 
temperature required in Sec. 63.363(b), (c), (d), or (e) for catalytic 
oxidation units or thermal oxidation units and to continuously monitor 
the oxidation temperature as established in Sec. 63.364(c).
    (1) Sterilization chamber vent. The sterilization facility owner or 
operator shall establish the baseline temperature for the sterilization 
chamber vent as 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 paragraph 
(b)(2) of this section.
    (2) Aeration room vent. The sterilization facility owner or operator 
shall establish the baseline temperature for the aeration room vent as 
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 paragraph (d)(1) 
of this section.
    (3) Chamber exhaust vent. The sterilization facility owner or 
operator shall establish the baseline temperature for the chamber 
exhaust vent as 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 paragraph 
(d)(2) of this section.

[[Page 719]]

    (g) An owner or operator of a sterilization facility seeking to 
demonstrate compliance with the standards found at Sec. 63.362(c), (d), 
or (e) with a control device other than an acid-water scrubber or 
catalytic or thermal oxidation unit shall provide to the Administrator 
the information requested under Sec. 63.363(f). The owner or operator 
shall submit: a description of the device; test results collected in 
accordance with Sec. 63.363(f) verifying the performance of the device 
for controlling ethylene oxide emissions to the atmosphere 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 submitted identifying the compliance monitoring 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. The 
Administrator may request further information and shall approve 
appropriate test methods and procedures.
    (h) An owner or operator of a sterilization facility seeking to 
demonstrate compliance with the standards found at Secs. 63.362(d) or 
(e) 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. 
The Administrator may request further information and will specify 
appropriate test methods and procedures.



Sec. 63.366  Reporting requirements.

    (a) The owner or operator of a source subject to the emissions 
standards in Sec. 63.362 shall fulfill all reporting requirements in 
Secs. 63.10(a), (d), (e), and (f) of subpart A, according to the 
applicability in Table 1 of Sec. 63.360. These reports will be made to 
the Administrator at the appropriate address identified in Sec. 63.13 of 
subpart A of this part.
    (1) Reports required by subpart A and this section may be sent by 
U.S. mail, fax, or by another courier.
    (i) Submittals sent by U.S. mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (3) Content and submittal dates for excess emissions and monitoring 
system performance reports. All excess emissions and monitoring system 
performance reports and all summary reports, if required per 
Sec. 63.10(e)(3) (vii) and (viii) of subpart A of this part, shall be 
delivered or postmarked within 30 days following the end of each 
calendar half or quarter as appropriate (see Sec. 63.10(e)(3) (i) 
through (iv) for applicability). Written reports of excess emissions or 
exceedances of process or control system parameters shall include all 
information required in Sec. 63.10(c) (5) through (13) of subpart A of 
this part as applicable in Table 1 of Sec. 63.360 and information from 
any calibration tests in which the monitoring equipment is not in 
compliance with PS-9 or the method used for temperature calibration. The 
written report shall also include the name, title, and signature of the 
responsible official who is certifying the accuracy of the report. When 
no excess emissions or exceedances have occurred or monitoring equipment 
has not been inoperative, repaired, or adjusted, such information shall 
be stated in the report.
    (b) Construction and reconstruction. The owner or operator of each 
source using 10 tons shall fulfill all requirements for construction or 
reconstruction of a source in Sec. 63.5 of subpart A of this part, 
according to the applicability in Table 1 of Sec. 63.360, and in this 
paragraph.
    (1) Applicability. (i) This paragraph and Sec. 63.5 of subpart A of 
this part implement the preconstruction review requirements of section 
112(i)(1) for

[[Page 720]]

sources subject to these emissions standards. In addition, this 
paragraph and Sec. 63.5 of subpart A of this part include other 
requirements for constructed and reconstructed sources that are or 
become subject to these emissions standards.
    (ii) After the effective date, the requirements in this section and 
in Sec. 63.5 of subpart A of this part apply to owners or operators who 
construct a new source or reconstruct a source subject to these 
emissions standards after December 6, 1994. New or reconstructed sources 
subject to these emissions standards with an initial startup date before 
the effective date are not subject to the preconstruction review 
requirements specified in paragraphs (b) (2) and (3) of this section and 
Sec. 63.5(d) (3) and (4) and (e) of subpart A of this part.
    (2) After the effective date, whether or not an approved permit 
program is effective in the State in which a source is (or would be) 
located, no person may construct a new source or reconstruct a source 
subject to these emissions standards, or reconstruct a source such that 
the source becomes a source subject to these emissions standards, 
without obtaining advance written approval from the Administrator in 
accordance with the procedures specified in paragraph (b)(3) of this 
section and Sec. 63.5(d) (3) and (4) and (e) of subpart A of this part.
    (3) Application for approval of construction or reconstruction. The 
provisions of paragraph (b)(3) of this section and Sec. 63.5(d) (3) and 
(4) of subpart A of this part implement section 112(i)(1) of the Act.
    (i) General application requirements. (A) An owner or operator who 
is subject to the requirements of paragraph (b)(2) of this section shall 
submit to the Administrator an application for approval of the 
construction of a new source subject to these emissions standards, the 
reconstruction of a source subject to these emissions standards, or the 
reconstruction of a source such that the source becomes a source subject 
to these emissions standards. The application shall be submitted as soon 
as practicable before the construction or reconstruction is planned to 
commence (but not sooner than the effective date) if the construction or 
reconstruction commences after the effective date. The application shall 
be submitted as soon as practicable before the initial startup date but 
no later than 60 days after the effective date if the construction or 
reconstruction had commenced and the initial startup date had not 
occurred before the effective date. The application for approval of 
construction or reconstruction may be used to fulfill the initial 
notification requirements of paragraph (c)(1)(iii) of this section. The 
owner or operator may submit the application for approval well in 
advance of the date construction or reconstruction is planned to 
commence in order to ensure a timely review by the Administrator and 
that the planned commencement date will not be delayed.
    (B) A separate application shall be submitted for each construction 
or reconstruction. Each application for approval of construction or 
reconstruction shall include at a minimum:
    (1) The applicant's name and address.
    (2) A notification of intention to construct a new source subject to 
these emissions standards or make any physical or operational change to 
a source subject to these emissions standards that may meet or has been 
determined to meet the criteria for a reconstruction, as defined in 
Sec. 63.2 of subpart A of this part.
    (3) The address (i.e., physical location) or proposed address of the 
source.
    (4) An identification of the relevant standard that is the basis of 
the application.
    (5) The expected commencement date of the construction or 
reconstruction.
    (6) The expected completion date of the construction or 
reconstruction.
    (7) The anticipated date of (initial) startup of the source.
    (8) The type and quantity of hazardous air pollutants emitted by the 
source, reported in units and averaging times and in accordance with the 
test methods specified in the standard, or if actual emissions data are 
not yet available, an estimate of the type and quantity of hazardous air 
pollutants expected to be emitted by the source reported in units and 
averaging times specified. The owner or operator may submit percent 
reduction information,

[[Page 721]]

if the standard is established in terms of percent reduction. However, 
operating parameters, such as flow rate, shall be included in the 
submission to the extent that they demonstrate performance and 
compliance.
    (9) Other information as specified in paragraph (b)(3)(ii) of this 
section and Sec. 63.5(d)(3) of subpart A of this part.
    (C) An owner or operator who submits estimates or preliminary 
information in place of the actual emissions data and analysis required 
in paragraphs (b)(3)(i)(B)(8) and (ii) of this section shall submit the 
actual, measured emissions data and other correct information as soon as 
available but no later than with the notification of compliance status 
required in paragraph (c)(2) of this section.
    (ii) Application for approval of construction. Each application for 
approval of construction shall include, in addition to the information 
required in paragraph (b)(3)(i)(B) of this section, technical 
information describing the proposed nature, size, design, operating 
design capacity, and method of operation of the source subject to these 
emissions standards, including an identification of each point of 
emission for each hazardous air pollutant that is emitted (or could be 
emitted) and a description of the planned air pollution control system 
(equipment or method) for each emission point. The description of the 
equipment to be used for the control of emissions shall include each 
control device for each hazardous air pollutant and the estimated 
control efficiency (percent) for each control device. The description of 
the method to be used for the control of emissions shall include an 
estimated control efficiency (percent) for that method. Such technical 
information shall include calculations of emission estimates in 
sufficient detail to permit assessment of the validity of the 
calculations. An owner or operator who submits approximations of control 
efficiencies under paragraph (b)(3) of this section shall submit the 
actual control efficiencies as specified in paragraph (b)(3)(i)(C) of 
this section.
    (4) Approval of construction or reconstruction based on prior State 
preconstruction review. (i) The Administrator may approve an application 
for construction or reconstruction specified in paragraphs (b)(2) and 
(3) of this section and Sec. 63.5(d)(3) and (4) of subpart A of this 
part if the owner or operator of a new or reconstructed source who is 
subject to such requirement demonstrates to the Administrator's 
satisfaction that the following conditions have been (or will be) met:
    (A) The owner or operator of the new or reconstructed source subject 
to these emissions standards has undergone a preconstruction review and 
approval process in the State in which the source is (or would be) 
located before the effective date and has received a federally 
enforceable construction permit that contains a finding that the source 
will meet these emissions standards as proposed, if the source is 
properly built and operated;
    (B) In making its finding, the State has considered factors 
substantially equivalent to those specified in Sec. 63.5(e)(1) of 
subpart A of this part.
    (ii) The owner or operator shall submit to the Administrator the 
request for approval of construction or reconstruction no later than the 
application deadline specified in paragraph (b)(3)(i) of this section. 
The owner or operator shall include in the request information 
sufficient for the Administrator's determination. The Administrator will 
evaluate the owner or operator's request in accordance with the 
procedures specified in Sec. 63.5 of subpart A of this part. The 
Administrator may request additional relevant information after the 
submittal of a request for approval of construction or reconstruction.
    (c) Notification requirements. The owner or operator of each source 
subject to the emissions standards in Sec. 63.362 shall fulfill all 
notification requirements in Sec. 63.9 of subpart A of this part, 
according to the applicability in Table 1 of Sec. 63.360, and in this 
paragraph.
    (1) Initial notifications. (i)(A) If a source that otherwise would 
be subject to these emissions standards subsequently increases its use 
of ethylene oxide within any consecutive 12-month period after December 
6, 1996, such that the source becomes subject to these emissions 
standards or other requirements, such source shall be subject to

[[Page 722]]

the notification requirements of Sec. 63.9 of subpart A of this part.
    (B) Sources subject to these emissions standards may use the 
application for approval of construction or reconstruction under 
paragraph (b)(3)(ii) of this section and Sec. 63.5(d) (3) of subpart A 
of this part, respectively, if relevant to fulfill the initial 
notification requirements.
    (ii) The owner or operator of a new or reconstructed source subject 
to these emissions standards that has an initial startup date after the 
effective date and for which an application for approval of construction 
or reconstruction is required under paragraph (b)(3) of this section and 
Sec. 63.5(d) (3) and (4) of subpart A of this part shall provide the 
following information in writing to the Administrator:
    (A) A notification of intention to construct a new source subject to 
these emissions standards, reconstruct a source subject to these 
emissions standards, or reconstruct a source such that the source 
becomes a source subject to these emissions standards with the 
application for approval of construction or reconstruction as specified 
in paragraph (b)(3)(i)(A) of this section;
    (B) A notification of the date when construction or reconstruction 
was commenced, submitted simultaneously with the application for 
approval of construction or reconstruction, if construction or 
reconstruction was commenced before the effective date of these 
standards;
    (C) A notification of the date when construction or reconstruction 
was commenced, delivered or postmarked not later than 30 days after such 
date, if construction or reconstruction was commenced after the 
effective date of these standards;
    (D) A notification of the anticipated date of startup of the source, 
delivered or postmarked not more than 60 days nor less than 30 days 
before such date; and
    (E) A notification of the actual date of initial startup of the 
source, delivered or postmarked within 15 calendar days after that date.
    (iii) After the effective date, whether or not an approved permit 
program is effective in the State in which a source subject to these 
emissions standards is (or would be) located, an owner or operator who 
intends to construct a new source subject to these emissions standards 
or reconstruct a source subject to these emissions standards, or 
reconstruct a source such that it becomes a source subject to these 
emissions standards, shall notify the Administrator in writing of the 
intended construction or reconstruction. The notification shall be 
submitted as soon as practicable before the construction or 
reconstruction is planned to commence (but no sooner than the effective 
date of these standards) if the construction or reconstruction commences 
after the effective date of the standard. The notification shall be 
submitted as soon as practicable before the initial startup date but no 
later than 60 days after the effective date of this standard if the 
construction or reconstruction had commenced and the initial startup 
date has not occurred before the standard's effective date. The 
notification shall include all the information required for an 
application for approval of construction or reconstruction as specified 
in paragraph (b)(3) of this section and Sec. 63.5(d)(3) and (4) of 
subpart A of this part. For sources subject to these emissions 
standards, the application for approval of construction or 
reconstruction may be used to fulfill the initial notification 
requirements of Sec. 63.9 of subpart A of this part.
    (2) If an owner or operator of a source subject to these emissions 
standards submits estimates or preliminary information in the 
application for approval of construction or reconstruction required in 
paragraph (b)(3)(ii) of this section and Sec. 63.5(d)(3) of subpart A of 
this part, respectively, in place of the actual emissions data or 
control efficiencies required in paragraphs (b)(3)(i)(B)(8) and (ii) of 
this section, the owner or operator shall submit the actual emissions 
data and other correct information as soon as available but no later 
than with the initial notification of compliance status.
    (3) The owner or operator of any existing sterilization facility 
subject to this subpart shall also include the amount of ethylene oxide 
used during the previous consecutive 12-month period in the initial 
notification report

[[Page 723]]

required by Sec. 63.9(b)(2) and (3) of subpart A of this part. For new 
sterilization facilities subject to this subpart, the amount of ethylene 
oxide used shall be an estimate of expected use during the first 
consecutive 12-month period of operation.



Sec. 63.367  Recordkeeping requirements.

    (a) The owner or operator of a source subject to the emissions 
standards in Sec. 63.362 shall comply with the recordkeeping 
requirements in Secs. 63.10(b) and (c) of subpart A of this part, 
according to the applicability in Table 1 of Sec. 63.360, and in this 
section.
    (b) The owners or operators of a source using 1 to 10 tons not 
subject to an emissions standard in Sec. 63.362 shall maintain records 
of ethylene oxide use on a 12-month rolling average basis (until the 
source changes its operations to become a source subject to an emissions 
standard in Sec. 63.362). These records shall be kept onsite at the 
source for a period of 5 years.
    (c) The owners or operators of a source using less than 1 ton shall 
maintain records of ethylene oxide use on a 12-month rolling average 
basis (until the source changes its operations to become a source 
subject to the emissions standards in Sec. 63.362). These records shall 
be kept onsite at the source for a period of 5 years.



                          Subpart P--[Reserved]



Subpart Q--National Emission Standards for Hazardous Air Pollutants for 
                    Industrial Process Cooling Towers

    Source: 59 FR 46350, Sept. 8, 1994, unless otherwise noted.



Sec. 63.400  Applicability.

    (a) The provisions of this subpart apply to all new and existing 
industrial process cooling towers that are operated with chromium-based 
water treatment chemicals on or after September 8, 1994, and are either 
major sources or are integral parts of facilities that are major sources 
as defined in Sec. 63.401.
    (b) Table 1 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of IPCT's 
subject to this subpart.



Sec. 63.401  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Chromium-based water treatment chemicals means any combination of 
chemical substances containing chromium used to treat water.
    Commenced means, with respect to construction or reconstruction of 
an IPCT, that an owner or operator has undertaken a continuous program 
of construction or reconstruction or that an owner or operator has 
entered into a contractual obligation to undertake and complete, within 
a reasonable time, a continuous program of construction or 
reconstruction.
    Compliance date means the date by which an affected IPCT is required 
to be in compliance with this subpart.
    Construction means the on-site fabrication, erection, or 
installation of an IPCT.
    Cooling tower means an open water recirculating device that uses 
fans or natural draft to draw or force ambient air through the device to 
cool warm water by direct contact.
    Effective date means September 8, 1994, for this subpart.
    Existing IPCT means any affected IPCT that is not a new IPCT.
    Industrial process cooling tower, also written as ``IPCT,'' means 
any cooling tower that is used to remove heat that is produced as an 
input or output of a chemical or industrial process(es), as well as any 
cooling tower that cools industrial processes in combination with any 
heating, ventilation, or air conditioning system.
    Initial startup means the initiation of recirculation water flow 
within the cooling tower.
    Major source means any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit considering controls, in the 
aggregate, 10 tons per year or more of any hazardous air pollutant or 25 
tons per year or more of any combination of hazardous air pollutants.

[[Page 724]]

    New IPCT means any affected IPCT the construction or reconstruction 
of which commenced after August 12, 1993.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises an IPCT.
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable.
    Reconstruction means the replacement of components of an affected or 
a previously unaffected IPCT to such an extent that the fixed capital 
cost of the new components exceeds 50 percent of the fixed capital cost 
that would be required to construct a comparable new IPCT.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice 
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the Administrator.
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency: 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of the EPA).
    (4) For affected sources (as defined in this part) applying for or 
subject to a title V permit: ``responsible official'' shall have the 
same meaning as defined in part 70 of this chapter or Federal title V 
regulations (42 U.S.C. 7661), whichever is applicable.
    Water treatment chemicals means any combination of chemical 
substances used to treat water in cooling towers, including corrosion 
inhibitors, antiscalants, dispersants, and any other chemical substances 
used to treat water.



Sec. 63.402  Standard.

    No owner or operator of an IPCT shall use chromium-based water 
treatment chemicals in any affected IPCT.



Sec. 63.403  Compliance dates.

    The requirements of Sec. 63.402 of this subpart shall be applied on 
the following schedule:
    (a) For existing IPCT's, the compliance date shall be 18 months 
after September 8, 1994.
    (b) For new IPCT's that have an initial startup before September 8, 
1994, the compliance date shall be September 8, 1994.
    (c) For new IPCT's that have an initial startup on or after 
September 8, 1994, the compliance date shall be the date of the initial 
startup.



Sec. 63.404  Compliance demonstrations.

    No routine monitoring, sampling, or analysis is required. In 
accordance with section 114 of the Act, the Administrator or delegated 
authority can require cooling water sample analysis of an IPCT if there 
is information to indicate that the IPCT is not in compliance with the 
requirements of Sec. 63.402 of this subpart. If cooling water sample 
analysis is required:
    (a) The water sample analysis shall be conducted in accordance with 
Method 7196, Chromium, Hexavalent (Colorimetric), contained in the Third 
Edition of ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846, (November 1986) and its Revision I, 
(December 1987), which are available for the cost

[[Page 725]]

of $110.00 from the Government Printing Office, Superintendent of 
Documents, Washington, DC 20402, (202) 783-3238 (document number 955-
001-00000-1; or Method 3500-Cr D, Colorimetric Method, contained in the 
18th Edition of ``Standard Methods for the Examination of Water and 
Wastewaster'' (1992), which is available from the American Public Health 
Association, 1015 15th Street, NW., Washington, DC 20005. These methods 
were approved for incorporation by reference by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be inspected as a part of Docket A-91-65, located at the Air 
and Radiation Docket and Information Center, room M1500, EPA Central 
Docket Section, 401 M Street, SW., Washington, DC. Copies may be 
inspected at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.
    (b) On or after 3 months after the compliance date, a cooling water 
sample residual hexavalent chromium concentration in excess of 0.5 parts 
per million by weight shall indicate a violation of Sec. 63.402.



Sec. 63.405  Notification requirements.

    (a) Initial notification. (1) In accordance with Sec. 63.9(b) of 
subpart A, owners or operators of all affected IPCT's that have an 
initial startup before September 8, 1994, shall notify the Administrator 
in writing. The notification, which shall be submitted not later than 12 
months after September 8, 1994, shall provide the following information:
    (i) The name and address of the IPCT owner or operator;
    (ii) The address (i.e., physical location) of the affected IPCT;
    (iii) A statement that the notification is being submitted as 
required by this subpart; and
    (iv) A description of the type of water treatment program used in 
the affected IPCT, including the chemical name of each corrosion 
inhibitor ingredient used; the average concentration of those corrosion 
inhibitor ingredients maintained in the cooling water; and the material 
safety data sheet for each water treatment chemical or chemical compound 
used in the IPCT.
    (2) In accordance with Sec. 63.9(b) of subpart A, owners or 
operators of all affected IPCT's that have an initial startup on or 
after September 8, 1994, shall notify the Administrator in writing that 
the source is subject to the relevant standard no later than 12 months 
after initial startup. The notification shall provide all the 
information required in paragraphs (a)(1)(i) through (a)(1)(iv) of this 
section.
    (b) Notification of compliance status. (1) In accordance with 
Sec. 63.9(h) of subpart A, owners or operators of affected IPCT's shall 
submit to the Administrator a notification of compliance status within 
60 days of the date on which the IPCT is brought into compliance with 
Sec. 63.402 of this subpart and not later than 18 months after September 
8, 1994.
    (2) The notification of compliance status must:
    (i) Be signed by a responsible official who also certifies the 
accuracy of the report;
    (ii) Certify that source has complied with Sec. 63.402 of this 
subpart; and
    (iii) Include the information required in paragraph (a)(1)(iv) of 
this section.
    (iv) Include the following statement:

    I certify that no chromium-based water treatment chemicals have been 
introduced since (the initial compliance date) into any IPCT located 
within the facility for any purpose.



Sec. 63.406  Recordkeeping and reporting requirements.

    To demonstrate continuing compliance with Sec. 63.402 of this 
subpart, the owner or operator of each affected IPCT shall maintain 
copies of the initial notification and the notification of compliance 
status as required by Sec. 63.405 of this subpart for a period of at 
least 5 years onsite.

                       Table 1 to Subpart Q--General Provisions Applicability to Subpart Q                      
----------------------------------------------------------------------------------------------------------------
                Reference                     Applies to Subpart Q                      Comment                 
----------------------------------------------------------------------------------------------------------------
63.1.....................................  Yes......................                                            

[[Page 726]]

                                                                                                                
63.2.....................................  Yes......................                                            
63.3.....................................  No.......................                                            
63.4.....................................  Yes......................                                            
63.5.....................................  No.......................                                            
63.6 (a), (b), (c), and (j)..............  Yes......................                                            
63.6 (d), (e), (f), (g), (h), and (i)....  No.......................                                            
63.7.....................................  No.......................                                            
63.8.....................................  No.......................                                            
63.9 (a), (b)(1), (b)(3), (c), (h)(1),     Yes......................                                            
 (h)(3), (h)(6), and (j).                                                                                       
63.9 (b)(2), (b)(4), (b)(5), (b)(6), (d),  No.......................  Requirements for initial notifications and
 (e), (f), (g), (h)(2), (h)(4), (h)(5).                                notifications of compliance status are   
                                                                       specified in Sec.  63.405(a) and Sec.    
                                                                       63.405(b), respectively, of subpart Q;   
                                                                       other provisions of subpart A are not    
                                                                       relevant to IPCT's.                      
63.10 (a), (b)(1), (b)(2)(xii),            Yes......................  Section 63.406 requires an onsite record  
 (b)(2)(xiv), (b)(3), (d), and (f).                                    retention of 5 years.                    
63.10 (b)(2) (i) to (xi), (c), and (e)...  No.......................                                            
63.11....................................  No.......................                                            
63.12 to 63.15...........................  Yes......................                                            
----------------------------------------------------------------------------------------------------------------



    Subpart R--National Emission Standards for Gasoline Distribution 
   Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

    Source: 59 FR 64318, Dec. 14, 1994, unless otherwise noted.



Sec. 63.420  Applicability.

    (a) The affected source to which the provisions of this subpart 
apply is each bulk gasoline terminal, except those bulk gasoline 
terminals:
    (1) For which the owner or operator has documented and recorded to 
the Administrator's satisfaction that the result, ET, of the 
following equation is less than 1, and complies with requirements in 
paragraphs (c), (d), (e), and (f) of this section:

ET = CF [0.59 (TF) (1-CE) + 0.17 (TE) + 0.08 (TES) + 
0.038 (TI) + 8.5  x  10-6 (C) + KQ]

where:

ET = emissions screening factor for bulk gasoline terminals;
CF = 0.161 for bulk gasoline terminals that do not handle any 
reformulated or oxygenated gasoline containing methyl tert-butyl ether 
(MTBE), OR
CF = 1.0 for bulk gasoline terminals that handle reformulated or 
oxygenated gasoline containing MTBE;
CE = federally enforceable control efficiency of the vapor processing 
system used to control emissions from fixed-roof gasoline storage 
vessels [value should be added in decimal form (percent divided by 
100)];
TF = total number of fixed-roof gasoline storage vessels without an 
internal floating roof;
TE = total number of external floating roof gasoline storage 
vessels with only primary seals;
TES = total number of external floating roof gasoline storage 
vessels with primary and secondary seals;
TI = total number of fixed-roof gasoline storage vessels with an 
internal floating roof;
C = number of valves, pumps, connectors, loading arm valves, and open-
ended lines in gasoline service;
Q = federally enforceable gasoline throughput limit or gasoline 
throughput limit in compliance with paragraphs (c), (d), and (f) of this 
section (liters/day);
K = 4.52 x 10-6 for bulk gasoline terminals with uncontrolled 
loading racks (no vapor collection and processing systems), OR
K = (4.5 x 10-9)(EF + L) for bulk gasoline terminals with 
controlled loading racks (loading racks that have vapor collection and 
processing systems installed on the emission stream);
EF = federally enforceable emission standard for the vapor processor

[[Page 727]]

outlet emissions (mg of total organic compounds per liter of gasoline 
loaded);
L = 13 mg/l for gasoline cargo tanks meeting the requirement to satisfy 
the test criteria for a vapor-tight gasoline tank truck in Sec. 60.501 
of this chapter, OR
L = 304 mg/l for gasoline cargo tanks not meeting the requirement to 
satisfy the test criteria for a vapor-tight gasoline tank truck in 
Sec. 60.501 of this chapter; or

    (2) For which the owner or operator has documented and recorded to 
the Administrator's satisfaction that the facility is not a major 
source, or is not located within a contiguous area and under common 
control of a facility that is a major source, as defined in Sec. 63.2 of 
subpart A of this part.
    (b) The affected source to which the provisions of this subpart 
apply is each pipeline breakout station, except those pipeline breakout 
stations:
    (1) For which the owner or operator has documented and recorded to 
the Administrator's satisfaction that the result, EP, of the 
following equation is less than 1, and complies with requirements in 
paragraphs (c), (d), (e), and (f) of this section:

EP = CF [ 6.7 (TF) (1-CE) + 0.21 (TE) + 0.093 (TES) 
+ 0.1 (TI) + 5.31  x  10-6 (C) ]

where:

EP = emissions screening factor for pipeline breakout stations, and

the definitions for CF, TF, CE, TE, TES, TI, and C 
are the same as provided in paragraph (a)(1) of this section; or
    (2) For which the owner or operator has documented and recorded to 
the Administrator's satisfaction that the facility is not a major 
source, or is not located within a contiguous area and under common 
control of a facility that is a major source, as defined in Sec. 63.2 of 
subpart A of this part.
    (c) A facility for which the results, ET or EP, of the 
calculation in paragraph (a)(1) or (b)(1) of this section has been 
documented and is less than 1.0 but greater than or equal to 0.50, is 
exempt from the requirements of this subpart, except that the owner or 
operator shall:
    (1) Operate the facility such that none of the facility parameters 
used to calculate results under paragraph (a)(1) or (b)(1) of this 
section, and approved by the Administrator, is exceeded in any rolling 
30-day period; and
    (2) Maintain records and provide reports in accordance with the 
provisions of Sec. 63.428(i).
    (d) A facility for which the results, ET or EP, of the 
calculation in paragraph (a)(1) or (b)(1) of this section has been 
documented and is less than 0.50, is exempt from the requirements of 
this subpart, except that the owner or operator shall:
    (1) Operate the facility such that none of the facility parameters 
used to calculate results under paragraph (a)(1) or (b)(1) of this 
section is exceeded in any rolling 30-day period; and
    (2) Maintain records and provide reports in accordance with the 
provisions of Sec. 63.428(j).
    (e) The provisions of paragraphs (a)(1) and (b)(1) of this section 
shall not be used to determine applicability to bulk gasoline terminals 
or pipeline breakout stations that are either:
    (1) Located within a contiguous area and under common control with 
another bulk gasoline terminal or pipeline breakout station, or
    (2) Located within a contiguous area and under common control with 
other sources not specified in paragraphs (a)(1) or (b)(1) of this 
section, that emit or have the potential to emit a hazardous air 
pollutant.
    (f) Upon request by the Administrator, the owner or operator of a 
bulk gasoline terminal or pipeline breakout station subject to the 
provisions of any paragraphs in this section shall demonstrate 
compliance with those paragraphs.
    (g) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart that is also 
subject to applicable provisions of 40 CFR part 60, subpart Kb or XX of 
this chapter shall comply only with the provisions in each subpart that 
contain the most stringent control requirements for that facility.
    (h) Each owner or operator of an affected source bulk gasoline 
terminal or pipeline breakout station is subject to

[[Page 728]]

the provisions of 40 CFR part 63, subpart A--General Provisions, as 
indicated in Table 1.
    (i) A bulk gasoline terminal or pipeline breakout station with a 
Standard Industrial Classification code 2911 located within a contiguous 
area and under common control with a refinery complying with subpart CC, 
Secs. 63.646, 63.648, 63.649, and 63.650 is not subject to subpart R 
standards, except as specified in subpart CC, Sec. 63.650.
    (j) Rules Stayed for Reconsideration. Notwithstanding any other 
provision of this subpart, the December 14, 1995 compliance date for 
existing facilities in Sec. 63.424(e) and Sec. 63.428(a), (i)(1), and 
(j)(1) of this subpart is stayed from December 8, 1995, to March 7, 
1996.

[59 FR 64318, Dec. 14, 1994, as amended at 60 FR 43260, Aug. 18, 1995; 
60 FR 62992, Dec. 8, 1995]



Sec. 63.421  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act; in subparts A, K, Ka, Kb, and XX of part 
60 of this chapter; or in subpart A of this part. All terms defined in 
both subpart A of part 60 of this chapter and subpart A of this part 
shall have the meaning given in subpart A of this part. For purposes of 
this subpart, definitions in this section supersede definitions in other 
parts or subparts.
    Controlled loading rack, for the purposes of Sec. 63.420, means a 
loading rack equipped with vapor collection and processing systems that 
reduce displaced vapor emissions to no more than 80 milligrams of total 
organic compounds per liter of gasoline loaded, as measured using the 
test methods and procedures in Sec. 60.503 (a) through (c) of this 
chapter.
    Equipment means each valve, pump, pressure relief device, sampling 
connection system, open-ended valve or line, and flange or other 
connector in the gasoline liquid transfer and vapor collection systems. 
This definition also includes the entire vapor processing system except 
the exhaust port(s) or stack(s).
    Gasoline cargo tank means a delivery tank truck or railcar which is 
loading gasoline or which has loaded gasoline on the immediately 
previous load.
    In gasoline service means that a piece of equipment is used in a 
system that transfers gasoline or gasoline vapors.
    Operating parameter value means a value for an operating or emission 
parameter of the vapor processing system (e.g., temperature) which, if 
maintained continuously by itself or in combination with one or more 
other operating parameter values, determines that an owner or operator 
has complied with the applicable emission standard. The operating 
parameter value is determined using the procedures outlined in 
Sec. 63.425(b).
    Oxygenated gasoline means the same as defined in 40 CFR 80.2(rr).
    Pipeline breakout station means a facility along a pipeline 
containing storage vessels used to relieve surges or receive and store 
gasoline from the pipeline for reinjection and continued transportation 
by pipeline or to other facilities.
    Reformulated gasoline means the same as defined in 40 CFR 80.2(ee).
    Uncontrolled loading rack means a loading rack used to load gasoline 
cargo tanks that is not a controlled loading rack.
    Vapor-tight gasoline cargo tank means a gasoline cargo tank which 
has demonstrated within the 12 preceding months that it meets the annual 
certification test requirements in Sec. 63.425(e), and which is subject 
at all times to the test requirements in Sec. 63.425 (f), (g), and (h).
    Volatile organic liquid (VOL) means, for the purposes of this 
subpart, gasoline.



Sec. 63.422  Standards: Loading racks.

    (a) Each owner or operator of loading racks at a bulk gasoline 
terminal subject to the provisions of this subpart shall comply with the 
requirements in Sec. 60.502 of this chapter except for paragraphs (b), 
(c), and (j) of that section. For purposes of this section, the term 
``affected facility'' used in Sec. 60.502 of this chapter means the 
loading racks that load gasoline cargo tanks at the bulk gasoline 
terminals subject to the provisions of this subpart.
    (b) Emissions to the atmosphere from the vapor collection and 
processing systems due to the loading of gasoline

[[Page 729]]

cargo tanks shall not exceed 10 milligrams of total organic compounds 
per liter of gasoline loaded.
    (c) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall comply with Sec. 60.502(e) of this 
chapter as follows:
    (1) For the purposes of this section, the term ``tank truck'' as 
used in Sec. 60.502(e) of this chapter means ``cargo tank.''
    (2) Section 60.502(e)(5) of this chapter is changed to read: The 
terminal owner or operator shall take steps assuring that the nonvapor-
tight gasoline cargo tank will not be reloaded at the facility until 
vapor tightness documentation for that gasoline cargo tank is obtained 
which documents that:
    (i) The gasoline cargo tank meets the applicable test requirements 
in Sec. 63.425(e);
    (ii) For each gasoline cargo tank failing the test in Sec. 63.425 
(f) or (g) at the facility, the cargo tank either:
    (A) Before repair work is performed on the cargo tank, meets the 
test requirements in Sec. 63.425 (g) or (h), or
    (B) After repair work is performed on the cargo tank before or 
during the tests in Sec. 63.425 (g) or (h), subsequently passes the 
annual certification test described in Sec. 63.425(e).
    (d) Each owner or operator shall meet the requirements in all 
paragraphs of this section as expeditiously as practicable, but no later 
than December 15, 1997, at existing facilities and upon startup for new 
facilities.

[59 FR 64318, Dec. 14, 1994; 60 FR 32913, June 26, 1995]



Sec. 63.423  Standards: Storage vessels.

    (a) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall equip 
each gasoline storage vessel with a design capacity greater than or 
equal to 75 m3 according to the requirements in Sec. 60.112b(a) (1) 
through (4) of this chapter, except for the requirements in 
Secs. 60.112b(a)(1) (iv) through (ix) and 60.112b(a)(2)(ii) of this 
chapter.
    (b) Each owner or operator shall equip each gasoline external 
floating roof storage vessel with a design capacity greater than or 
equal to 75 m3 according to the requirements in 
Sec. 60.112b(a)(2)(ii) of this chapter if such storage vessel does not 
currently meet the requirements in paragraph (a) of this section.
    (c) Each gasoline storage vessel at existing bulk gasoline terminals 
and pipeline breakout stations shall be in compliance with the 
requirements in paragraphs (a) and (b) of this section as expeditiously 
as practicable, but no later than December 15, 1997. At new bulk 
gasoline terminals and pipeline breakout stations, compliance shall be 
achieved upon startup.



Sec. 63.424  Standards: Equipment leaks.

    (a) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall perform 
a monthly leak inspection of all equipment in gasoline service. For this 
inspection, detection methods incorporating sight, sound, and smell are 
acceptable. Each piece of equipment shall be inspected during the 
loading of a gasoline cargo tank.
    (b) A log book shall be used and shall be signed by the owner or 
operator at the completion of each inspection. A section of the log 
shall contain a list, summary description, or diagram(s) showing the 
location of all equipment in gasoline service at the facility.
    (c) Each detection of a liquid or vapor leak shall be recorded in 
the log book. When a leak is detected, an initial attempt at repair 
shall be made as soon as practicable, but no later than 5 calendar days 
after the leak is detected. Repair or replacement of leaking equipment 
shall be completed within 15 calendar days after detection of each leak, 
except as provided in paragraph (d) of this section.
    (d) Delay of repair of leaking equipment will be allowed upon a 
demonstration to the Administrator that repair within 15 days is not 
feasible. The owner or operator shall provide the reason(s) a delay is 
needed and the date by which each repair is expected to be completed.
    (e) Initial compliance with the requirements in paragraphs (a) 
through (d) of this section shall be achieved by existing sources as 
expeditiously as practicable, but no later than December 15, 1997. For 
new sources, initial

[[Page 730]]

compliance shall be achieved upon startup.
    (f) As an alternative to compliance with the provisions in 
paragraphs (a) through (d) of this section, owners or operators may 
implement an instrument leak monitoring program that has been 
demonstrated to the Administrator as at least equivalent.
    (g) Owners and operators shall not allow gasoline to be handled in a 
manner that would result in vapor releases to the atmosphere for 
extended periods of time. Measures to be taken include, but are not 
limited to, the following:
    (1) Minimize gasoline spills;
    (2) Clean up spills as expeditiously as practicable;
    (3) Cover all open gasoline containers with a gasketed seal when not 
in use;
    (4) Minimize gasoline sent to open waste collection systems that 
collect and transport gasoline to reclamation and recycling devices, 
such as oil/water separators.

[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7723, Feb. 29, 1996]



Sec. 63.425  Test methods and procedures.

    (a) Each owner or operator subject to the emission standard in 
Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this chapter shall conduct a 
performance test on the vapor processing system according to the test 
methods and procedures in Sec. 60.503, except a reading of 500 ppm shall 
be used to determine the level of leaks to be repaired under 
Sec. 60.503(b). If a flare is used to control emissions, and emissions 
from this device cannot be measured using these methods and procedures, 
the provisions of Sec. 63.11(b) shall apply.
    (b) For each performance test conducted under paragraph (a) of this 
section, the owner or operator shall determine a monitored operating 
parameter value for the vapor processing system using the following 
procedure:
    (1) During the performance test, continuously record the operating 
parameter under Sec. 63.427(a);
    (2) Determine an operating parameter value based on the parameter 
data monitored during the performance test, supplemented by engineering 
assessments and the manufacturer's recommendations; and
    (3) Provide for the Administrator's approval the rationale for the 
selected operating parameter value, and monitoring frequency and 
averaging time, including data and calculations used to develop the 
value and a description of why the value, monitoring frequency, and 
averaging time demonstrate continuous compliance with the emission 
standard in Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this chapter.
    (c) For performance tests performed after the initial test, the 
owner or operator shall document the reasons for any change in the 
operating parameter value since the previous performance test.
    (d) The owner or operator of each gasoline storage vessel subject to 
the provisions of Sec. 63.423 shall comply with Sec. 60.113b of this 
chapter. If a closed vent system and control device are used, as 
specified in Sec. 60.112b(a)(3) of this chapter, to comply with the 
requirements in Sec. 63.423, the owner or operator shall also comply 
with the requirements in paragraph (b) of this section.
    (e) Annual certification test. The annual certification test for 
gasoline cargo tanks shall consist of the following test methods and 
procedures:
    (1) Method 27, appendix A, 40 CFR part 60. Conduct the test using a 
time period (t) for the pressure and vacuum tests of 5 minutes. The 
initial pressure (Pi) for the pressure test shall be 460 mm 
H2O (18 in. H2O), gauge. The initial vacuum (Vi) for the 
vacuum test shall be 150 mm H2O (6 in. H2O), gauge. The 
maximum allowable pressure and vacuum changes (p, v) 
are as shown in the second column of Table 2 of this paragraph.

[[Page 731]]



      Table 2--Allowable Cargo Tank Test Pressure or Vacuum Change      
------------------------------------------------------------------------
                                              Annual                    
                                          certification-     Allowable  
                                             allowable       pressure   
                                            pressure or   change (p) in 5  
              liters (gal)                 (p,   minutes at any
                                          v) in   time, mm H2O 
                                           5 minutes, mm     (in. H2O)  
                                           H2O (in. H2O)                
------------------------------------------------------------------------
9,464 or more (2,500 or more)...........        25 (1.0)        64 (2.5)
9,463 to 5,678 (2,499 to 1,500).........        38 (1.5)        76 (3.0)
5,679 to 3,785 (1,499 to 1,000).........        51 (2.0)        89 (3.5)
3,782 or less (999 or less).............        64 (2.5)       102 (4.0)
------------------------------------------------------------------------

    (2) Pressure test of the cargo tank's internal vapor valve as 
follows:
    (i) After completing the tests under paragraph (e)(1) of this 
section, use the procedures in Method 27 to repressurize the tank to 460 
mm H2O (18 in. H2O), gauge. Close the tank's internal vapor 
valve(s), thereby isolating the vapor return line and manifold from the 
tank.
    (ii) Relieve the pressure in the vapor return line to atmospheric 
pressure, then reseal the line. After 5 minutes, record the gauge 
pressure in the vapor return line and manifold. The maximum allowable 5-
minute pressure increase is 130 mm H2O (5 in. H2O).
    (f) Leak detection test. The leak detection test shall be performed 
using Method 21, appendix A, 40 CFR part 60, except omit section 4.3.2 
of Method 21. A vapor-tight gasoline cargo tank shall have no leaks at 
any time when tested according to the procedures in this paragraph.
    (1) The leak definition shall be 21,000 ppm as propane. Use propane 
to calibrate the instrument, setting the span at the leak definition. 
The response time to 90 percent of the final stable reading shall be 
less than 8 seconds for the detector with the sampling line and probe 
attached.
    (2) In addition to the procedures in Method 21, include the 
following procedures:
    (i) Perform the test on each compartment during loading of that 
compartment or while the compartment is still under pressure.
    (ii) To eliminate a positive instrument drift, the dwell time for 
each leak detection shall not exceed two times the instrument response 
time. Purge the instrument with ambient air between each leak detection. 
The duration of the purge shall be in excess of two instrument response 
times.
    (iii) Attempt to block the wind from the area being monitored. 
Record the highest detector reading and location for each leak.
    (g) Nitrogen pressure decay field test. For those cargo tanks with 
manifolded product lines, this test procedure shall be conducted on each 
compartment.
    (1) Record the cargo tank capacity. Upon completion of the loading 
operation, record the total volume loaded. Seal the cargo tank vapor 
collection system at the vapor coupler. The sealing apparatus shall have 
a pressure tap. Open the internal vapor valve(s) of the cargo tank and 
record the initial headspace pressure. Reduce or increase, as necessary, 
the initial headspace pressure to 460 mm H2O (18.0 in. H2O), 
gauge by releasing pressure or by adding commercial grade nitrogen gas 
from a high pressure cylinder capable of maintaining a pressure of 2,000 
psig.
    (i) The cylinder shall be equipped with a compatible two-stage 
regulator with a relief valve and a flow control metering valve. The 
flow rate of the nitrogen shall be no less than 2 cfm. The maximum 
allowable time to pressurize cargo tanks with headspace volumes of 1,000 
gallons or less to the appropriate pressure is 4 minutes. For cargo 
tanks with a headspace of greater than 1,000 gallons, use as a maximum 
allowable time to pressurize 4 minutes or the result from the equation 
below, whichever is greater.

T = Vh  x  0.004

where:

T = maximum allowable time to pressurize the cargo tank, min;
Vh = cargo tank headspace volume during testing, gal.


[[Page 732]]


    (2) It is recommended that after the cargo tank headspace pressure 
reaches approximately 460 mm H2O (18 in. H20), gauge, a fine 
adjust valve be used to adjust the headspace pressure to 460 mm H2O 
(18.0 in. H2O), gauge for the next 30  5 seconds.
    (3) Reseal the cargo tank vapor collection system and record the 
headspace pressure after 1 minute. The measured headspace pressure after 
1 minute shall be greater than the minimum allowable final headspace 
pressure (PF) as calculated from the following equation:
[GRAPHIC] [TIFF OMITTED] TR26JN95.000

where:

(PF) = minimum allowable final headspace pressure, in. H2O, 
gauge;
Vs = total cargo tank shell capacity, gal;
Vh = cargo tank headspace volume after loading, gal;
18.0 = initial pressure at start of test, in. H2O, gauge;
N = 5-minute continuous performance standard at any time from the third 
column of Table 2 of Sec. 63.425(e)(i), inches H2O.

    (4) Conduct the internal vapor valve portion of this test by 
repressurizing the cargo tank headspace with nitrogen to 460 mm H2O 
(18 in. H2O), gauge. Close the internal vapor valve(s), wait for 30 
 5 seconds, then relieve the pressure downstream of the 
vapor valve in the vapor collection system to atmospheric pressure. Wait 
15 seconds, then reseal the vapor collection system. Measure and record 
the pressure every minute for 5 minutes. Within 5 seconds of the 
pressure measurement at the end of 5 minutes, open the vapor valve and 
record the headspace pressure as the ``final pressure.''
    (5) If the decrease in pressure in the vapor collection system is 
less than at least one of the interval pressure change values in Table 3 
of this paragraph, or if the final pressure is equal to or greater than 
20 percent of the 1-minute final headspace pressure determined in the 
test in paragraph (g)(3) of this section, then the cargo tank is 
considered to be a vapor-tight gasoline cargo tank.

         Table 3--Pressure Change for Internal Vapor Valve Test         
------------------------------------------------------------------------
                                                               Interval 
                                                               pressure 
                       Time interval                          change, mm
                                                               H2O (in. 
                                                                 H2O)   
------------------------------------------------------------------------
After 1 minute.............................................     28 (1.1)
After 2 minutes............................................     56 (2.2)
After 3 minutes............................................     84 (3.3)
After 4 minutes............................................    112 (4.4)
After 5 minutes............................................    140 (5.5)
------------------------------------------------------------------------

    (h) Continuous performance pressure decay test. The continuous 
performance pressure decay test shall be performed using Method 27, 
appendix A, 40 CFR Part 60. Conduct only the positive pressure test 
using a time period (t) of 5 minutes. The initial pressure (Pi) 
shall be 460 mm H2O (18 in. H2O), gauge. The maximum allowable 
5-minute pressure change (p) which shall be met at any time is 
shown in the third column of Table 2 of Sec. 63.425(e)(1).

[59 FR 64318, Dec. 14, 1994; 60 FR 7627, Feb. 8, 1995; 60 FR 32913, June 
26, 1995]



Sec. 63.426  Alternative means of emission limitation.

    For determining the acceptability of alternative means of emission 
limitation for storage vessels under Sec. 63.423, the provisions of 
Sec. 60.114b of this chapter apply.



Sec. 63.427  Continuous monitoring.

    (a) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall install, calibrate, certify, 
operate, and maintain, according to the manufacturer's specifications, a 
continuous monitoring system (CMS) as specified in paragraph (a)(1), 
(a)(2), (a)(3), or (a)(4) of this section, except as allowed in 
paragraph (a)(5) of this section.
    (1) Where a carbon adsorption system is used, a continuous emission 
monitoring system (CEMS) capable of measuring organic compound 
concentration shall be installed in the exhaust air stream.
    (2) Where a refrigeration condenser system is used, a continuous 
parameter monitoring system (CPMS) capable of

[[Page 733]]

measuring temperature shall be installed immediately downstream from the 
outlet to the condenser section. Alternatively, a CEMS capable of 
measuring organic compound concentration may be installed in the exhaust 
air stream.
    (3) Where a thermal oxidation system is used, a CPMS capable of 
measuring temperature shall be installed in the firebox or in the 
ductwork immediately downstream from the firebox in a position before 
any substantial heat exchange occurs.
    (4) Where a flare is used, a heat-sensing device, such as an 
ultraviolet beam sensor or a thermocouple, shall be installed in 
proximity to the pilot light to indicate the presence of a flame.
    (5) Monitoring an alternative operating parameter or a parameter of 
a vapor processing system other than those listed in this paragraph will 
be allowed upon demonstrating to the Administrator's satisfaction that 
the alternative parameter demonstrates continuous compliance with the 
emission standard in Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this 
chapter.
    (b) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall operate the vapor processing system 
in a manner not to exceed the operating parameter value for the 
parameter described in paragraphs (a)(1) and (a)(2) of this section, or 
to go below the operating parameter value for the parameter described in 
paragraph (a)(3) of this section, and established using the procedures 
in Sec. 63.425(b). In cases where an alternative parameter pursuant to 
paragraph (a)(5) of this section is approved, each owner or operator 
shall operate the vapor processing system in a manner not to exceed or 
not to go below, as appropriate, the alternative operating parameter 
value. Operation of the vapor processing system in a manner exceeding or 
going below the operating parameter value, as specified above, shall 
constitute a violation of the emission standard in Sec. 63.422(b).
    (c) Each owner or operator of gasoline storage vessels subject to 
the provisions of Sec. 63.423 shall comply with the monitoring 
requirements in Sec. 60.116b of this chapter, except records shall be 
kept for at least 5 years. If a closed vent system and control device 
are used, as specified in Sec. 60.112b(a)(3) of this chapter, to comply 
with the requirements in Sec. 63.423, the owner or operator shall also 
comply with the requirements in paragraph (a) of this section.



Sec. 63.428  Reporting and recordkeeping.

    (a) The initial notifications required for existing affected sources 
under Sec. 63.9(b)(2) shall be submitted by 1 year after an affected 
source becomes subject to the provisions of this subpart or by December 
16, 1996, whichever is later. Affected sources that are major sources on 
December 16, 1996 and plan to be area sources by December 15, 1997 shall 
include in this notification a brief, non-binding description of and 
schedule for the action(s) that are planned to achieve area source 
status.
    (b) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall keep records of the test results 
for each gasoline cargo tank loading at the facility as follows:
    (1) Annual certification testing performed under Sec. 63.425(e); and
    (2) Continuous performance testing performed at any time at that 
facility under Sec. 63.425 (f), (g), and (h).
    (3) The documentation file shall be kept up-to-date for each 
gasoline cargo tank loading at the facility. The documentation for each 
test shall include, as a minimum, the following information:
    (i) Name of test:

Annual Certification Test--Method 27 (Sec. 63.425(e)(1)),
Annual Certification Test--Internal Vapor Valve (Sec. 63.425(e)(2)),
Leak Detection Test (Sec. 63.425(f)),
Nitrogen Pressure Decay Field Test (Sec. 63.425(g)), or
Continuous Performance Pressure Decay Test (Sec. 63.425(h)).

    (ii) Cargo tank owner's name and address.
    (iii) Cargo tank identification number.
    (iv) Test location and date.
    (v) Tester name and signature.
    (vi) Witnessing inspector, if any: Name, signature, and affiliation.

[[Page 734]]

    (vii) Vapor tightness repair: Nature of repair work and when 
performed in relation to vapor tightness testing.
    (viii) Test results: Pressure or vacuum change, mm of water; time 
period of test; number of leaks found with instrument and leak 
definition.
    (c) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall:
    (1) Keep an up-to-date, readily accessible record of the continuous 
monitoring data required under Sec. 63.427(a). This record shall 
indicate the time intervals during which loadings of gasoline cargo 
tanks have occurred or, alternatively, shall record the operating 
parameter data only during such loadings. The date and time of day shall 
also be indicated at reasonable intervals on this record.
    (2) Record and report simultaneously with the notification of 
compliance status required under Sec. 63.9(h):
    (i) All data and calculations, engineering assessments, and 
manufacturer's recommendations used in determining the operating 
parameter value under Sec. 63.425(b); and
    (ii) The following information when using a flare under provisions 
of Sec. 63.11(b) to comply with Sec. 63.422(b):
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted); and
    (B) All visible emissions readings, heat content determinations, 
flow rate measurements, and exit velocity determinations made during the 
compliance determination required under Sec. 63.425(a).
    (3) If an owner or operator requests approval to use a vapor 
processing system or monitor an operating parameter other than those 
specified in Sec. 63.427(a), the owner or operator shall submit a 
description of planned reporting and recordkeeping procedures. The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the permit application.
    (d) Each owner or operator of storage vessels subject to the 
provisions of this subpart shall keep records and furnish reports as 
specified in Sec. 60.115b of this chapter, except records shall be kept 
for at least 5 years.
    (e) Each owner or operator complying with the provisions of 
Sec. 63.424 (a) through (d) shall record the following information in 
the log book for each leak that is detected:
    (1) The equipment type and identification number;
    (2) The nature of the leak (i.e., vapor or liquid) and the method of 
detection (i.e., sight, sound, or smell);
    (3) The date the leak was detected and the date of each attempt to 
repair the leak;
    (4) Repair methods applied in each attempt to repair the leak;
    (5) ``Repair delayed'' and the reason for the delay if the leak is 
not repaired within 15 calendar days after discovery of the leak;
    (6) The expected date of successful repair of the leak if the leak 
is not repaired within 15 days; and
    (7) The date of successful repair of the leak.
    (f) Each owner or operator subject to the provisions of Sec. 63.424 
shall report to the Administrator a description of the types, 
identification numbers, and locations of all equipment in gasoline 
service. For facilities electing to implement an instrument program 
under Sec. 63.424(f), the report shall contain a full description of the 
program.
    (1) In the case of an existing source or a new source that has an 
initial startup date before the effective date, the report shall be 
submitted with the notification of compliance status required under 
Sec. 63.9(h), unless an extension of compliance is granted under 
Sec. 63.6(i). If an extension of compliance is granted, the report shall 
be submitted on a date scheduled by the Administrator.
    (2) In the case of new sources that did not have an initial startup 
date before the effective date, the report shall be submitted with the 
application for approval of construction, as described in Sec. 63.5(d).
    (g) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall include 
in a semiannual report to the Administrator the following information:
    (1) Each loading of a gasoline cargo tank for which vapor tightness 
documentation had not been previously obtained by the facility;

[[Page 735]]

    (2) Periodic reports required under paragraph (d) of this section; 
and
    (3) The number of equipment leaks not repaired within 5 days after 
detection.
    (h) Each owner or operator of a bulk gasoline terminal or pipeline 
breakout station subject to the provisions of this subpart shall include 
in the excess emissions report to the Administrator required under 
Sec. 63.10(e)(3) the following information:
    (1) Each exceedance or failure to maintain, as appropriate, the 
monitored operating parameter value determined under Sec. 63.425(b). The 
report shall include the monitoring data for the days on which 
exceedances or failures to maintain have occurred, and a description and 
timing of the steps taken to repair or perform maintenance on the vapor 
collection and processing systems or the CMS.
    (2) Each instance of a nonvapor-tight gasoline cargo tank loading at 
the facility in which the owner or operator failed to take steps to 
assure that such cargo tank would not be reloaded at the facility before 
vapor tightness documentation for that cargo tank was obtained.
    (3) Each reloading of a nonvapor-tight gasoline cargo tank at the 
facility before vapor tightness documentation for that cargo tank is 
obtained by the facility in accordance with Sec. 63.422(c)(2).
    (4) For each occurrence of an equipment leak for which no repair 
attempt was made within 5 days or for which repair was not completed 
within 15 days after detection:
    (i) The date on which the leak was detected;
    (ii) The date of each attempt to repair the leak;
    (iii) The reasons for the delay of repair; and
    (iv) The date of successful repair.
    (i) Each owner or operator of a facility meeting the criteria in 
Sec. 63.420(c) shall perform the requirements of this paragraph (i), all 
of which will be available for public inspection:
    (1) Document and report to the Administrator not later than December 
16, 1996 for existing facilities, within 30 days for existing facilities 
subject to Sec. 63.420(c) after December 16, 1996, or at startup for new 
facilities the methods, procedures, and assumptions supporting the 
calculations for determining criteria in Sec. 63.420(c);
    (2) Maintain records to document that the facility parameters 
established under Sec. 63.420(c) have not been exceeded; and
    (3) Report annually to the Administrator that the facility 
parameters established under Sec. 63.420(c) have not been exceeded.
    (4) At any time following the notification required under paragraph 
(i)(1) of this section and approval by the Administrator of the facility 
parameters, and prior to any of the parameters being exceeded, the owner 
or operator may submit a report to request modification of any facility 
parameter to the Administrator for approval. Each such request shall 
document any expected HAP emission change resulting from the change in 
parameter.
    (j) Each owner or operator of a facility meeting the criteria in 
Sec. 63.420(d) shall perform the requirements of this paragraph (j), all 
of which will be available for public inspection:
    (1) Document and report to the Administrator not later than December 
16, 1996 for existing facilities, within 30 days for existing facilities 
subject to Sec. 63.420(d) after December 16, 1996, or at startup for new 
facilities the use of the emission screening equations in 
Sec. 63.420(a)(1) or (b)(1) and the calculated value of ET or 
EP;
    (2) Maintain a record of the calculations in Sec. 63.420 (a)(1) or 
(b)(1), including methods, procedures, and assumptions supporting the 
calculations for determining criteria in Sec. 63.420(d); and
    (3) At any time following the notification required under paragraph 
(j)(1) of this section, and prior to any of the parameters being 
exceeded, the owner or operator may notify the Administrator of 
modifications to the facility parameters. Each such notification shall 
document any expected HAP emission change resulting from the change in 
parameter.

[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7723, Feb. 29, 1996]



Sec. 63.429  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State

[[Page 736]]

under section 112(l) of the Act, the authority contained in paragraph 
(b) of this section shall be retained by the Administrator and not 
transferred to a State.
    (b) The authority conferred in Sec. 63.426 and Sec. 63.427(a)(5) 
will not be delegated to any State.

                       Table 1 to Subpart R--General Provisions Applicability to Subpart R                      
----------------------------------------------------------------------------------------------------------------
                     Reference                        Applies to subpart R                 Comment              
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)........................................  Yes                      ...................................
63.1(a)(2)........................................  Yes                      ...................................
63.1(a)(3)........................................  Yes                      ...................................
63.1(a)(4)........................................  Yes                      ...................................
63.1(a)(5)........................................  No                       Section reserved                   
63.1(a)(6)(8).....................................  Yes                      ...................................
63.1(a)(9)........................................  No                       Section reserved                   
63.1(a)(10).......................................  Yes                      ...................................
63.1(a)(11).......................................  Yes                      ...................................
63.1(a)(12))-(a)(14)..............................  Yes                      ...................................
63.1(b)(1)........................................  No                       Subpart R specifies applicability  
                                                                              in Sec.  63.420                   
63.1(b)(2)........................................  Yes                      ...................................
63.1(b)(3)........................................  No                       Subpart R specifies reporting and  
                                                                              recordkeeping for some large area 
                                                                              sources in Sec.  63.428           
63.1(c)(1)........................................  Yes                      ...................................
63.1(c)(2)........................................  Yes                      Some small sources are not subject 
                                                                              to subpart R                      
63.1(c)(3)........................................  No                       Section reserved                   
63.1(c)(4)........................................  Yes                      ...................................
63.1(c)(5)........................................  Yes                      ...................................
63.1(d)...........................................  No                       Section reserved                   
63.1(e)...........................................  Yes                      ...................................
63.2..............................................  Yes                      Additional definitions in Sec.     
                                                                              63.421                            
63.3(a)-(c).......................................  Yes                      ...................................
63.4(a)(1)-(a)(3).................................  Yes                      ...................................
63.4(a)(4)........................................  No                       Section reserved                   
63.4(a)(5)........................................  Yes                      ...................................
63.4(b)...........................................  Yes                      ...................................
63.4(c)...........................................  Yes                      ...................................
63.5(a)(1)........................................  Yes                      ...................................
63.5(a)(2)........................................  Yes                      ...................................
63.5(b)(1)........................................  Yes                      ...................................
63.5(b)(2)........................................  No                       Section reserved                   
63.5(b)(3)........................................  Yes                      ...................................
63.5(b)(4)........................................  Yes                      ...................................
63.5(b)(5)........................................  Yes                      ...................................
63.5(b)(6)........................................  Yes                      ...................................
63.5(c)...........................................  No                       Section reserved                   
63.5(d)(1)........................................  Yes                      ...................................
63.5(d)(2)........................................  Yes                      ...................................
63.5(d)(3)........................................  Yes                      ...................................
63.5(d)(4)........................................  Yes                      ...................................
63.5(e)...........................................  Yes                      ...................................
63.5(f)(1)........................................  Yes                      ...................................
63.5(f)(2)........................................  Yes                      ...................................
63.6(a)...........................................  Yes                      ...................................
63.6(b)(1)........................................  Yes                      ...................................
63.6(b)(2)........................................  Yes                      ...................................
63.6(b)(3)........................................  Yes                      ...................................
63.6(b)(4)........................................  Yes                      ...................................
63.6(b)(5)........................................  Yes                      ...................................
63.6(b)(6)........................................  No                       Section reserved                   
63.6(b)(7)........................................  Yes                      ...................................
63.6(c)(1)........................................  No                       Subpart R specifies the compliance 
                                                                              date                              
63.6(c)(2)........................................  Yes                      ...................................
63.6(c)(3)-(c)(4).................................  No                       Sections reserved                  
63.6(c)(5)........................................  Yes                      ...................................
63.6(d)...........................................  No                       Section reserved                   
63.6(e)...........................................  Yes                      ...................................

[[Page 737]]

                                                                                                                
63.6(f)(1)........................................  Yes                      ...................................
63.6(f)(2)........................................  Yes                      ...................................
63.6(f)(3)........................................  Yes                      ...................................
63.6(g)...........................................  Yes                      ...................................
63.6(h)...........................................  No                       Subpart R does not require COMS    
63.6(i)(1)-(i)(14)................................  Yes                      ...................................
63.6(i)(15).......................................  No                       Section reserved                   
63.6(i)(16).......................................  Yes                      ...................................
63.6(j)...........................................  Yes                      ...................................
63.7(a)(1)........................................  Yes                      ...................................
63.7(a)(2)........................................  Yes                      ...................................
63.7(a)(3)........................................  Yes                      ...................................
63.7(b)...........................................  Yes                      ...................................
63.7(c)...........................................  Yes                      ...................................
63.7(d)...........................................  Yes                      ...................................
63.7(e)(1)........................................  Yes                      ...................................
63.7(e)(2)........................................  Yes                      ...................................
63.7(e)(3)........................................  Yes                      ...................................
63.7(e)(4)........................................  Yes                      ...................................
63.7(f)...........................................  Yes                      ...................................
63.7(g)...........................................  Yes                      ...................................
63.7(h)...........................................  Yes                      ...................................
63.8(a)(1)........................................  Yes                      ...................................
63.8(a)(2)........................................  Yes                      ...................................
63.8(a)(3)........................................  No                       Section reserved                   
63.8(a)(4)........................................  Yes                      ...................................
63.8(b)(1)........................................  Yes                      ...................................
63.8(b)(2)........................................  Yes                      ...................................
63.8(b)(3)........................................  Yes                      ...................................
63.8(c)(1)........................................  Yes                      ...................................
63.8(c)(2)........................................  Yes                      ...................................
63.8(c)(3)........................................  Yes                      ...................................
63.8(c)(4)........................................  Yes                      ...................................
63.8(c)(5)........................................  No                       Subpart R does not require COMS    
63.8(c)(6)-(c)(8).................................  Yes                      ...................................
63.8(d)...........................................  Yes                      ...................................
63.8(e)...........................................  Yes                      ...................................
63.8(f)(1)-(f)(5).................................  Yes                      ...................................
63.8(f)(6)........................................  Yes                      ...................................
63.8(g)...........................................  Yes                      ...................................
63.9(a)...........................................  Yes                      ...................................
63.9(b)(1)........................................  Yes                      ...................................
63.9(b)(2)........................................  No                       Subpart R allows additional time   
                                                                              for existing sources to submit    
                                                                              initial notification. Sec.        
                                                                              63.428(a) specifies submittal by 1
                                                                              year after being subject to the   
                                                                              rule or December 16, 1996,        
                                                                              whichever is later.               
63.9(b)(3)........................................  Yes                      ...................................
63.9(b)(4)........................................  Yes                      ...................................
63.9(b)(5)........................................  Yes                      ...................................
63.9(c)...........................................  Yes                      ...................................
63.9(d)...........................................  Yes                      ...................................
63.9(e)...........................................  Yes                      ...................................
63.9(f)...........................................  Yes                      ...................................
63.9(g)...........................................  Yes                      ...................................
63.9(h)(1)-(h)(3).................................  Yes                      ...................................
63.9(h)(4)........................................  No                       Section reserved                   
63.9(h)(5)-(h)(6).................................  Yes                      ...................................
63.9(i)...........................................  Yes                      ...................................
63.9(j)...........................................  Yes                      ...................................
63.10(a)..........................................  Yes                      ...................................
63.10(b)(1).......................................  Yes                      ...................................
63.10(b)(2).......................................  Yes                      ...................................
63.10(b)(3).......................................  Yes                      ...................................
63.10(c)(1).......................................  Yes                      ...................................
63.10(c)(2)-(c)(4)................................  No                       Sections reserved                  

[[Page 738]]

                                                                                                                
63.10(c)(5)-(c)(8)................................  Yes                      ...................................
63.10(c)(9).......................................  No                       Section reserved                   
63.10(c)(5)-(c)(8)................................  Yes                      ...................................
63.10(d)(1).......................................  Yes                      ...................................
63.10(d)(2).......................................  Yes                      ...................................
63.10(d)(3).......................................  Yes                      ...................................
63.10(d)(4).......................................  Yes                      ...................................
63.10(d)(5).......................................  Yes                      ...................................
63.10(e)..........................................  Yes                      ...................................
63.10(f)..........................................  Yes                      ...................................
63.11(a)-(b)......................................  Yes                      ...................................
63.12(a)-(c)......................................  Yes                      ...................................
63.13(a)-(c)......................................  Yes                      ...................................
63.14(a)-(b)......................................  Yes                      ...................................
63.15(a)-(b)......................................  Yes                      ...................................
----------------------------------------------------------------------------------------------------------------


[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7724, Feb. 29, 1996]



                          Subpart S--[Reserved]



 Subpart T--National Emission Standards for Halogenated Solvent Cleaning

    Source: 59 FR 61805, Dec. 2, 1994, unless otherwise noted.



Sec. 63.460  Applicability and designation of source.

    (a) The provisions of this subpart apply to each individual batch 
vapor, in-line vapor, in-line cold, and batch cold solvent cleaning 
machine that uses any solvent containing methylene chloride (CAS No. 75-
09-2), perchloroethylene (CAS No. 127-18-4), trichloroethylene (CAS No. 
79-01-6), 1,1,1-trichloroethane (CAS No. 71-55-6), carbon tetrachloride 
(CAS No. 56-23-5) or chloroform (CAS No. 67-66-3), or any combination of 
these halogenated HAP solvents, in a total concentration greater than 5 
percent by weight, as a cleaning and/or drying agent. The concentration 
of these solvents may be determined using EPA test method 18, material 
safety data sheets, or engineering calculations. Wipe cleaning 
activities, such as using a rag containing halogenated solvent or a 
spray cleaner containing halogenated solvent are not covered under the 
provisions of this subpart.
    (b) Except as noted in appendix C (General Provisions Applicability 
to Subpart T) of this subpart, the provisions of subpart A of this part 
(General Provisions) apply to owners or operators of any solvent 
cleaning machine meeting the applicability criteria of paragraph (a) of 
this section.
    (c) Each solvent cleaning machine subject to this subpart that 
commences construction or reconstruction after November 29, 1993, shall 
achieve compliance with the provisions of this subpart immediately upon 
startup or by December 2, 1994, whichever is later.
    (d) Each solvent cleaning machine subject to this subpart that 
commenced construction or reconstruction on or before November 29, 1993, 
shall achieve compliance with the provisions of this subpart no later 
than December 2, 1997. Except that, any machine that commences 
construction or reconstruction on or before November 29, 1993, that does 
not use halogenated hazardous air pollutant (HAP) solvent on December 2, 
1994, shall, if the machine begins use of halogenated HAP solvent after 
December 2, 1994, achieve compliance with the provisions of this subpart 
no later than December 2, 1997, or 60 days after commencing use of 
halogenated HAP solvent covered under this subpart whichever is later.
    (e) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authority contained in 
paragraph (f) of this section shall be retained by the Administrator and 
not transferred to a State.

[[Page 739]]

    (f) The authority conferred in Sec. 63.463(d)(9) and Sec. 63.469 
will not be delegated to any State.

[59 FR 61805, Dec. 2, 1994; 59 FR 67750, Dec. 30, 1994; 60 FR 29485, 
June 5, 1995]



Sec. 63.461  Definitions.

    Unless defined below, all terms used in this subpart are used as 
defined in the 1990 Clean Air Act, or in subpart A of 40 CFR part 63:
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., State that has been delegated the authority to implement the 
provisions of this part.)
    Air blanket means the layer of air inside the solvent cleaning 
machine freeboard located above the solvent/air interface. The 
centerline of the air blanket is equidistant between the sides of the 
machine.
    Automated parts handling system means a mechanical device that 
carries all parts and parts baskets at a controlled speed from the 
initial loading of soiled or wet parts through the removal of the 
cleaned or dried parts. Automated parts handling systems include, but 
are not limited to, hoists and conveyors.
    Batch cleaning machine means a solvent cleaning machine in which 
individual parts or a set of parts move through the entire cleaning 
cycle before new parts are introduced into the solvent cleaning machine. 
An open-top vapor cleaning machine is a type of batch cleaning machine. 
A solvent cleaning machine, such as a ferris wheel or a cross-rod 
degreaser, that clean multiple batch loads simultaneously and are 
manually loaded are batch cleaning machines.
    Carbon adsorber means a bed of activated carbon into which an air-
solvent gas-vapor stream is routed and which adsorbs the solvent on the 
carbon.
    Clean liquid solvent means fresh unused solvent, recycled solvent, 
or used solvent that has been cleaned of soils (e.g., skimmed of oils or 
sludge and strained of metal chips).
    Cleaning capacity means, for a cleaning machine without a solvent/
air interface, the maximum volume of parts that can be cleaned at one 
time. In most cases, the cleaning capacity is equal to the volume 
(length times width times height) of the cleaning chamber.
    Cold cleaning machine means any device or piece of equipment that 
contains and/or uses liquid solvent, into which parts are placed to 
remove soils from the surfaces of the parts or to dry the parts. 
Cleaning machines that contain and use heated, nonboiling solvent to 
clean the parts are classified as cold cleaning machines.
    Consumption means the amount of halogenated hazardous air pollutant 
solvent added to the solvent cleaning machine.
    Cover means a lid, top, or portal cover that shields the solvent 
cleaning machine openings from air disturbances when in place and is 
designed to be easily opened and closed without disturbing the vapor 
zone. Air disturbances include, but are not limited to, lip exhausts, 
ventilation fans, and general room drafts. Types of covers include, but 
are not limited to, sliding, biparting, and rolltop covers.
    Cross-rod solvent cleaning machine means a batch solvent cleaning 
machine in which parts baskets are suspended from ``cross-rods'' as they 
are moved through the machine. In a cross-rod cleaning machine, parts 
are loaded semi-continuously, and enter and exit the machine from a 
single portal.
    Downtime mode means the time period when a solvent cleaning machine 
is not cleaning parts and the sump heating coils, if present, are turned 
off.
    Dwell means the technique of holding parts within the freeboard area 
but above the vapor zone of the solvent cleaning machine. Dwell occurs 
after cleaning to allow solvent to drain from the parts or parts baskets 
back into the solvent cleaning machine.
    Dwell time means the required minimum length of time that a part 
must dwell, as determined by Sec. 63.465(d).
    Emissions means halogenated hazardous air pollutant solvent consumed 
(i.e., halogenated hazardous air pollutant solvent added to the machine) 
minus the liquid halogenated hazardous air pollutant solvent removed 
from the machine and the halogenated hazardous air pollutant solvent 
removed from the machine in the solid waste.

[[Page 740]]

    Existing means any solvent cleaning machine the construction or 
reconstruction of which was commenced on or before November 29, 1993. A 
machine, the construction or reconstruction of which was commenced on or 
before November 29, 1993, but that did not meet the definition of a 
solvent cleaning machine on December 2, 1994, because it did not use 
halogenated HAP solvent liquid or vapor covered under this subpart to 
remove soils, becomes an existing source when it commences to use such 
liquid or vapor. A solvent cleaning machine moved within a contiguous 
facility or to another facility under the same ownership, constitutes an 
existing machine.
    Freeboard area means; for a batch cleaning machine, the area within 
the solvent cleaning machine that extends from the solvent/air interface 
to the top of the solvent cleaning machine; for an in-line cleaning 
machine, it is the area within the solvent cleaning machine that extends 
from the solvent/air interface to the bottom of the entrance or exit 
opening, whichever is lower.
    Freeboard height means; for a batch cleaning machine, the distance 
from the solvent/air interface, as measured during the idling mode, to 
the top of the cleaning machine; for an in-line cleaning machine, it is 
the distance from the solvent/air interface to the bottom of the 
entrance or exit opening, whichever is lower, as measured during the 
idling mode.
    Freeboard ratio means the ratio of the solvent cleaning machine 
freeboard height to the smaller interior dimension (length, width, or 
diameter) of the solvent cleaning machine.
    Freeboard refrigeration device (also called a chiller) means a set 
of secondary coils mounted in the freeboard area that carries a 
refrigerant or other chilled substance to provide a chilled air blanket 
above the solvent vapor. A primary condenser capable of meeting the 
requirements of Sec. 63.463(e)(2)(i) is defined as both a freeboard 
refrigeration device and a primary condenser for the purposes of these 
standards.
    Halogenated hazardous air pollutant solvent or halogenated HAP 
solvent means methylene chloride (CAS No. 75-09-2), perchloroethylene 
(CAS No. 127-18-4), trichloroethylene (CAS No. 79-01-6), 1,1,1-
trichloroethane (CAS No. 71-55-6), carbon tetrachloride (CAS No. 56-23-
5), and chloroform (CAS No. 67-66-3).
    Hoist means a mechanical device that carries the parts basket and 
the parts to be cleaned from the loading area into the solvent cleaning 
machine and to the unloading area at a controlled speed. A hoist may be 
operated by controls or may be programmed to cycle parts through the 
cleaning cycle automatically.
    Idling mode means the time period when a solvent cleaning machine is 
not actively cleaning parts and the sump heating coils, if present, are 
turned on.
    Idling-mode cover means any cover or solvent cleaning machine design 
that allows the cover to shield the cleaning machine openings during the 
idling mode. A cover that meets this definition can also be used as a 
working-mode cover if that definition is also met.
    Immersion cold cleaning machine means a cold cleaning machine in 
which the parts are immersed in the solvent when being cleaned. A remote 
reservoir cold cleaning machine that is also an immersion cold cleaning 
machine is considered an immersion cold cleaning machine for purposes of 
this subpart.
    In-line cleaning machine or continuous cleaning machine means a 
solvent cleaning machine that uses an automated parts handling system, 
typically a conveyor, to automatically provide a continuous supply of 
parts to be cleaned. These units are fully enclosed except for the 
conveyor inlet and exit portals. In-line cleaning machines can be either 
cold or vapor cleaning machines.
    Leak-proof coupling means a threaded or other type of coupling that 
prevents solvents from leaking while filling or draining solvent to and 
from the solvent cleaning machine.
    Lip exhaust means a device installed at the top of the opening of a 
solvent cleaning machine that draws in air and solvent vapor from the 
freeboard area and ducts the air and vapor away from the solvent 
cleaning area.
    Monthly reporting period means any calendar month in which the owner 
or operator of a solvent cleaning machine is required to calculate and 
report the

[[Page 741]]

solvent emissions from each solvent cleaning machine.
    New means any solvent cleaning machine the construction or 
reconstruction of which is commenced after November 29, 1993.
    Open-top vapor cleaning machine means a batch solvent cleaning 
machine that has its upper surface open to the air and boils solvent to 
create solvent vapor used to clean and/or dry parts.
    Part means any object that is cleaned in a solvent cleaning machine. 
Parts include, but are not limited to, discrete parts, assemblies, sets 
of parts, and continuous parts (i.e., continuous sheets of metal).
    Primary condenser means a series of circumferential cooling coils on 
a vapor cleaning machine through which a chilled substance is circulated 
or recirculated to provide continuous condensation of rising solvent 
vapors and, thereby, create a concentrated solvent vapor zone.
    Reduced room draft means decreasing the flow or movement of air 
across the top of the freeboard area of the solvent cleaning machine to 
meet the specifications of Sec. 63.463(e)(2)(ii). Methods of achieving a 
reduced room draft include, but are not limited to, redirecting fans 
and/or air vents to not blow across the cleaning machine, moving the 
cleaning machine to a corner where there is less room draft, and 
constructing a partial or complete enclosure around the cleaning 
machine.
    Remote reservoir cold cleaning machine means any device in which 
liquid solvent is pumped to a sink-like work area that drains solvent 
back into an enclosed container while parts are being cleaned, allowing 
no solvent to pool in the work area.
    Soils means contaminants that are removed from the parts being 
cleaned. Soils include, but are not limited to, grease, oils, waxes, 
metal chips, carbon deposits, fluxes, and tars.
    Solvent/air interface means, for a vapor cleaning machine, the 
location of contact between the concentrated solvent vapor layer and the 
air. This location of contact is defined as the mid-line height of the 
primary condenser coils. For a cold cleaning machine, it is the location 
of contact between the liquid solvent and the air.
    Solvent/air interface area means; for a vapor cleaning machine, the 
surface area of the solvent vapor zone that is exposed to the air; for 
an in-line cleaning machine, it is the total surface area of all the 
sumps; for a cold cleaning machine, it is the surface area of the liquid 
solvent that is exposed to the air.
    Solvent cleaning machine means any device or piece of equipment that 
uses halogenated HAP solvent liquid or vapor to remove soils from the 
surfaces of materials. Types of solvent cleaning machines include, but 
are not limited to, batch vapor, in-line vapor, in-line cold, and batch 
cold solvent cleaning machines. Buckets, pails, and beakers with 
capacities of 7.6 liters (2 gallons) or less are not considered solvent 
cleaning machines.
    Solvent vapor zone means; for a vapor cleaning machine, the area 
that extends from the liquid solvent surface to the level that solvent 
vapor is condensed. This condensation level is defined as the midline 
height of the primary condenser coils.
    Sump means the part of a solvent cleaning machine where the liquid 
solvent is located.
    Sump heater coils means the heating system on a cleaning machine 
that uses steam, electricity, or hot water to heat or boil the liquid 
solvent.
    Superheated vapor system means a system that heats the solvent 
vapor, either passively or actively, to a temperature above the 
solvent's boiling point. Parts are held in the superheated vapor before 
exiting the machine to evaporate the liquid solvent on them. Hot vapor 
recycle is an example of a superheated vapor system.
    Vapor cleaning machine means a batch or in-line solvent cleaning 
machine that boils liquid solvent generating solvent vapor that is used 
as a part of the cleaning or drying cycle.
    Water layer means a layer of water that floats above the denser 
solvent and provides control of solvent emissions. In many cases, the 
solvent used in batch cold cleaning machines is sold containing the 
appropriate amount of water to create a water cover.

[[Page 742]]

    Working mode means the time period when the solvent cleaning machine 
is actively cleaning parts.
    Working-mode cover means any cover or solvent cleaning machine 
design that allows the cover to shield the cleaning machine openings 
from outside air disturbances while parts are being cleaned in the 
cleaning machine. A cover that is used during the working mode is opened 
only during parts entry and removal. A cover that meets this definition 
can also be used as an idling-mode cover if that definition is also met.

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995]



Sec. 63.462  Batch cold cleaning machine standards.

    (a) Each owner or operator of an immersion batch cold solvent 
cleaning machine shall comply with the requirements specified in 
paragraph (a)(1) or (a)(2) of this section.
    (1) Employ a tightly fitting cover that shall be closed at all times 
except during parts entry and removal, and a water layer at a minimum 
thickness of 2.5 centimeters (1.0 inch) on the surface of the solvent 
within the cleaning machine, or
    (2) Employ a tightly fitting cover that shall be closed at all times 
except during parts entry and removal and a freeboard ratio of 0.75 or 
greater.
    (b) Each owner or operator of a remote-reservoir batch cold solvent 
cleaning machine shall employ a tightly fitting cover over the solvent 
sump that shall be closed at all times except during the cleaning of 
parts.
    (c) Each owner or operator of a batch cold solvent cleaning machine 
complying with paragraphs (a)(2) or (b) of this section shall comply 
with the work and operational practice requirements specified in 
paragraphs (c)(1) through (c)(8) of this section.
    (1) All waste solvent shall be collected and stored in closed 
containers. The closed container may contain a device that allows 
pressure relief, but does not allow liquid solvent to drain from the 
container.
    (2) If a flexible hose or flushing device is used, flushing shall be 
performed only within the freeboard area of the solvent cleaning 
machine.
    (3) The owner or operator shall drain solvent cleaned parts for 15 
seconds or until dripping has stopped, whichever is longer. Parts having 
cavities or blind holes shall be tipped or rotated while draining.
    (4) The owner or operator shall ensure that the solvent level does 
not exceed the fill line.
    (5) Spills during solvent transfer shall be wiped up immediately. 
The wipe rags shall be stored in covered containers meeting the 
requirements of paragraph (c)(1) of this section.
    (6) When an air- or pump-agitated solvent bath is used, the owner or 
operator shall ensure that the agitator is operated to produce a rolling 
motion of the solvent but not observable splashing against tank walls or 
parts being cleaned.
    (7) The owner or operator shall ensure that, when the cover is open, 
the cold cleaning machine is not exposed to drafts greater than 40 
meters per minute (132 feet per minute), as measured between 1 and 2 
meters (3.3 and 6.6 feet) upwind and at the same elevation as the tank 
lip.
    (8) Sponges, fabric, wood, and paper products shall not be cleaned.
    (d) Each owner or operator of a batch cold cleaning machine shall 
submit an initial notification report as described in Sec. 63.468 (a) 
and (b) and a compliance report as described in Sec. 63.468(c).

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995]



Sec. 63.463  Batch vapor and in-line cleaning machine standards.

    (a) Except as provided in Sec. 63.464, each owner or operator of a 
solvent cleaning machine subject to the provisions of this subpart shall 
ensure that each existing or new batch vapor or in-line solvent cleaning 
machine subject to the provisions of this subpart conforms to the design 
requirements specified in paragraphs (a)(1) through (a)(7) of this 
section.
    (1) Each cleaning machine shall be designed or operated to meet the 
control equipment or technique requirements in paragraph (a)(1)(i) or 
(a)(1)(ii) of this section.
    (i) An idling and downtime mode cover, as described in 
Sec. 63.463(d)(1)(i), that may be readily opened or closed,

[[Page 743]]

that completely covers the cleaning machine openings when in place, and 
is free of cracks, holes, and other defects.
    (ii) A reduced room draft as described in Sec. 63.463(e)(2)(ii).
    (2) Each cleaning machine shall have a freeboard ratio of 0.75 or 
greater.
    (3) Each cleaning machine shall have an automated parts handling 
system capable of moving parts or parts baskets at a speed of 3.4 meters 
per minute (11 feet per minute) or less from the initial loading of 
parts through removal of cleaned parts.
    (4) Each vapor cleaning machine shall be equipped with a device that 
shuts off the sump heat if the sump liquid solvent level drops to the 
sump heater coils.
    (5) Each vapor cleaning machine shall be equipped with a vapor level 
control device that shuts off sump heat if the vapor level in the vapor 
cleaning machine rises above the height of the primary condenser.
    (6) Each vapor cleaning machine shall have a primary condenser.
    (7) Each cleaning machine that uses a lip exhaust shall be designed 
and operated to route all collected solvent vapors through a properly 
operated and maintained carbon adsorber that meets the requirements of 
paragraph (e)(2)(vii) of this section.
    (b) Except as provided in Sec. 63.464, each owner or operator of an 
existing or new batch vapor cleaning machine shall comply with either 
paragraph (b)(1) or (b)(2) of this section.
    (1) Each owner or operator of a batch vapor cleaning machine with a 
solvent/air interface area of 1.21 square meters (13 square feet) or 
less shall comply with the requirements specified in either paragraph 
(b)(1)(i) or (b)(1)(ii) of this section.
    (i) Employ one of the control combinations listed in table 1 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control.

 Table 1--Control Combinations for Batch Vapor Solvent Cleaning Machines
With a Solvent/Air Interface Area of 1.21 Square Meters (13 Square Feet)
                                 or Less                                
------------------------------------------------------------------------
            Option                        Control combinations          
------------------------------------------------------------------------
 1............................  Working-mode cover, freeboard ratio of  
                                 1.0, superheated vapor.                
 2............................  Freeboard refrigeration device,         
                                 superheated vapor.                     
 3............................  Working-mode cover, freeboard           
                                 refrigeration device.                  
 4............................  Reduced room draft, freeboard ratio of  
                                 1.0, superheated vapor.                
 5............................  Freeboard refrigeration device, reduced 
                                 room draft.                            
 6............................  Freeboard refrigeration device,         
                                 freeboard ratio of 1.0.                
 7............................  Freeboard refrigeration device, dwell.  
 8............................  Reduced room draft, dwell, freeboard    
                                 ratio of 1.0.                          
 9............................  Freeboard refrigeration device, carbon  
                                 adsorber.                              
 10...........................  Freeboard ratio of 1.0, superheated     
                                 vapor, carbon adsorber.                
------------------------------------------------------------------------
Note: Unlike most of the control techniques available for complying with
  this rule, carbon adsorbers are not considered to be a pollution      
  prevention measure. Use of such units may impose additional cost and  
  burden for a number of reasons. First, carbon adsorption units are    
  generally more expensive than other controls listed in the options.   
  Second, these units may present cross-media impacts such as effluent  
  discharges if not properly operated and maintained, and spent carbon  
  beds have to be disposed of as hazardous waste. When making decisions 
  about what controls to install on halogenated solvent cleaning        
  machines to meet the requirements of this rule, all of these factors  
  should be weighed and pollution prevention measures are encouraged    
  wherever possible.                                                    

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of 0.22 kilograms per hour per square 
meter (0.045 pounds per hour per square foot) of solvent/air interface 
area as determined using the procedures in Sec. 63.465(a) and appendix A 
to this part.
    (2) Each owner or operator of a batch vapor cleaning machine with a 
solvent/air interface area greater than 1.21 square meters (13 square 
feet) shall comply with the requirements specified in either paragraph 
(b)(2)(i) or (b)(2)(ii) of this section.
    (i) Employ one of the control combinations listed in table 2 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control.

[[Page 744]]



 Table 2--Control Combinations for Batch Vapor Solvent Cleaning Machines
  With a Solvent/Air Interface Area Greater than 1.21 Square Meters (13 
                              Square Feet)                              
------------------------------------------------------------------------
            Option                        Control combinations          
------------------------------------------------------------------------
 1............................  Freeboard refrigeration device,         
                                 freeboard ratio of 1.0, superheated    
                                 vapor.                                 
 2............................  Dwell, freeboard refrigeration device,  
                                 reduced room draft.                    
 3............................  Working-mode cover, freeboard           
                                 refrigeration device, superheated      
                                 vapor.                                 
 4............................  Freeboard ratio of 1.0, reduced room    
                                 draft, superheated vapor.              
 5............................  Freeboard refrigeration device, reduced 
                                 room draft, superheated vapor.         
 6............................  Freeboard refrigeration device, reduced 
                                 room draft, freeboard ratio of 1.0.    
 7............................  Freeboard refrigeration device,         
                                 superheated vapor, carbon adsorber.    
------------------------------------------------------------------------
Note: Unlike most of the control techniques available for complying with
  this rule, carbon adsorbers are not considered to be a pollution      
  prevention measure. Use of such units may impose additional cost and  
  burden for a number of reasons. First, carbon adsorption units are    
  generally more expensive than other controls listed in the options.   
  Second, these units may present cross-media impacts such as effluent  
  discharges if not properly operated and maintained, and spent carbon  
  beds have to be disposed of as hazardous waste. When making decisions 
  about what controls to install on halogenated solvent cleaning        
  machines to meet the requirements of this rule, all of these factors  
  should be weighed and pollution prevention measures are encouraged    
  wherever possible.                                                    

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of 0.22 kilograms per hour per square 
meter (0.045 pounds per hour per square foot) of solvent/air interface 
area as determined using the procedures in Sec. 63.465(a) and appendix A 
of this part.
    (c) Except as provided in Sec. 63.464, each owner or operator of an 
in-line cleaning machine shall comply with paragraph (c)(1) or (c)(2) of 
this section as appropriate.
    (1) Each owner or operator of an existing in-line cleaning machine 
shall comply with the requirements specified in either paragraph 
(c)(1)(i) or (c)(1)(ii) of this section.
    (i) Employ one of the control combinations listed in table 3 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control.

   Table 3--Control Combinations for Existing In-Line Solvent Cleaning  
                                Machines                                
------------------------------------------------------------------------
            Option                        Control combinations          
------------------------------------------------------------------------
1.............................  Superheated vapor, freeboard ratio of   
                                 1.0.                                   
2.............................  Freeboard refrigeration device,         
                                 freeboard ratio of 1.0.                
3.............................  Dwell, freeboard refrigeration device.  
4.............................  Dwell, carbon adsorber.                 
------------------------------------------------------------------------
Note: Unlike most of the control techniques available for complying with
  this rule, carbon adsorbers are not considered to be a pollution      
  prevention measure. Use of such units may impose additional cost and  
  burden for a number of reasons. First, carbon adsorption units are    
  generally more expensive than other controls listed in the options.   
  Second, these units may present cross-media impacts such as effluent  
  discharges if not properly operated and maintained, and spent carbon  
  beds have to be disposed of as hazardous waste. When making decisions 
  about what controls to install on halogenated solvent cleaning        
  machines to meet the requirements of this rule, all of these factors  
  should be weighed and pollution prevention measures are encouraged    
  wherever possible.                                                    

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of 0.10 kilograms per hour per square 
meter (0.021 pounds per hour per square foot) of solvent/air interface 
area as determined using the procedures in Sec. 63.465(a) and appendix A 
to this part.
    (2) Each owner or operator of a new in-line cleaning machine shall 
comply with the requirements specified in either paragraph (c)(2)(i) or 
(c)(2)(ii) of this section.
    (i) Employ one of the control combinations listed in table 4 of this 
subpart or other equivalent methods of control as determined using the 
procedure in Sec. 63.469, equivalent methods of control section.

 Table 4--Control Combinations for New In-Line Solvent Cleaning Machines
------------------------------------------------------------------------
            Option                        Control combinations          
------------------------------------------------------------------------
1.............................  Superheated vapor, freeboard            
                                 refrigeration device.                  
2.............................  Freeboard refrigeration device, carbon  
                                 adsorber.                              
3.............................  Superheated vapor, carbon adsorber.     
------------------------------------------------------------------------
Note: Unlike most of the control techniques available for complying with
  this rule, carbon adsorbers are not considered to be a pollution      
  prevention measure. Use of such units may impose additional cost and  
  burden for a number of reasons. First, carbon adsorption units are    
  generally more expensive than other controls listed in the options.   
  Second, these units may present cross-media impacts such as effluent  
  discharges if not properly operated and maintained, and spent carbon  
  beds have to be disposed of as hazardous waste. When making decisions 
  about what controls to install on halogenated solvent cleaning        
  machines to meet the requirements of this rule, all of these factors  
  should be weighed and pollution prevention measures are encouraged    
  wherever possible.                                                    

    (ii) Demonstrate that their solvent cleaning machine can achieve and 
maintain an idling emission limit of 0.10 kilograms per hour per square 
meter (0.021 pounds per hour per square

[[Page 745]]

foot) of solvent/air interface area as determined using the procedures 
in Sec. 63.465(a) and appendix A to this part.
    (d) Except as provided in Sec. 63.464, each owner or operator of an 
existing or new batch vapor or in-line solvent cleaning machine shall 
meet all of the following required work and operational practices 
specified in paragraph (d)(1) through (d)(12) of this section as 
applicable.
    (1) Control air disturbances across the cleaning machine opening(s) 
by incorporating the control equipment or techniques in paragraph 
(d)(1)(i) or (d)(1)(ii) of this section.
    (i) Cover(s) to each solvent cleaning machine shall be in place 
during the idling mode, and during the downtime mode unless either the 
solvent has been removed from the machine or maintenance or monitoring 
is being performed that requires the cover(s) to not be in place.
    (ii) A reduced room draft as described in Sec. 63.463(e)(2)(ii).
    (2) The parts baskets or the parts being cleaned in an open-top 
batch vapor cleaning machine shall not occupy more than 50 percent of 
the solvent/air interface area unless the parts baskets or parts are 
introduced at a speed of 0.9 meters per minute (3 feet per minute) or 
less.
    (3) Any spraying operations shall be done within the vapor zone or 
within a section of the solvent cleaning machine that is not directly 
exposed to the ambient air (i.e., a baffled or enclosed area of the 
solvent cleaning machine).
    (4) Parts shall be oriented so that the solvent drains from them 
freely. Parts having cavities or blind holes shall be tipped or rotated 
before being removed from any solvent cleaning machine unless an equally 
effective approach has been approved by the Administrator.
    (5) Parts baskets or parts shall not be removed from any solvent 
cleaning machine until dripping has stopped.
    (6) During startup of each vapor cleaning machine, the primary 
condenser shall be turned on before the sump heater.
    (7) During shutdown of each vapor cleaning machine, the sump heater 
shall be turned off and the solvent vapor layer allowed to collapse 
before the primary condenser is turned off.
    (8) When solvent is added or drained from any solvent cleaning 
machine, the solvent shall be transferred using threaded or other 
leakproof couplings and the end of the pipe in the solvent sump shall be 
located beneath the liquid solvent surface.
    (9) Each solvent cleaning machine and associated controls shall be 
maintained as recommended by the manufacturers of the equipment or using 
alternative maintenance practices that have been demonstrated to the 
Administrator's satisfaction to achieve the same or better results as 
those recommended by the manufacturer.
    (10) Each operator of a solvent cleaning machine shall complete and 
pass the applicable sections of the test of solvent cleaning operating 
procedures in appendix B to this part if requested during an inspection 
by the Administrator.
    (11) Waste solvent, still bottoms, and sump bottoms shall be 
collected and stored in closed containers. The closed containers may 
contain a device that would allow pressure relief, but would not allow 
liquid solvent to drain from the container.
    (12) Sponges, fabric, wood, and paper products shall not be cleaned.
    (e) Each owner or operator of a solvent cleaning machine complying 
with either paragraph (b) or (c) of this section shall comply with the 
requirements specified in paragraphs (e)(1) through (e)(4) of this 
section.
    (1) Conduct monitoring of each control device used to comply with 
Sec. 63.463 of this subpart as provided in Sec. 63.466.
    (2) Determine during each monitoring period whether each control 
device used to comply with these standards meets the requirements 
specified in paragraphs (e)(2)(i) through (e)(2)(vii) of this section.
    (i) If a freeboard refrigeration device is used to comply with these 
standards, the owner or operator shall ensure that the chilled air 
blanket temperature (in  deg.F), measured at the center of the air 
blanket, is no greater than 30 percent of the solvent's boiling point.
    (ii) If a reduced room draft is used to comply with these standards, 
the owner or operator shall comply with

[[Page 746]]

the requirements specified in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) 
of this section.
    (A) Ensure that the flow or movement of air across the top of the 
freeboard area of the solvent cleaning machine or within the solvent 
cleaning machine enclosure does not exceed 15.2 meters per minute (50 
feet per minute) at any time as measured using the procedures in 
Sec. 63.466(d).
    (B) Establish and maintain the operating conditions under which the 
wind speed was demonstrated to be 15.2 meters per minute (50 feet per 
minute) or less as described in Sec. 63.466(d).
    (iii) If a working-mode cover is used to comply with these 
standards, the owner or operator shall comply with the requirements 
specified in paragraphs (e)(2)(iii)(A) and (e)(2)(iii)(B) of this 
section.
    (A) Ensure that the cover opens only for part entrance and removal 
and completely covers the cleaning machine openings when closed.
    (B) Ensure that the working-mode cover is maintained free of cracks, 
holes, and other defects.
    (iv) If an idling-mode cover is used to comply with these standards, 
the owner or operator shall comply with the requirements specified in 
paragraphs (e)(2)(iv)(A) and (e)(2)(iv)(B) of this section.
    (A) Ensure that the cover is in place whenever parts are not in the 
solvent cleaning machine and completely covers the cleaning machine 
openings when in place.
    (B) Ensure that the idling-mode cover is maintained free of cracks, 
holes, and other defects.
    (v) If a dwell is used to comply with these standards, the owner or 
operator shall comply with the requirements specified in paragraphs 
(e)(2)(v)(A) and (e)(2)(v)(B) of this section.
    (A) Determine the appropriate dwell time for each type of part or 
parts basket, or determine the maximum dwell time using the most complex 
part type or parts basket, as described in Sec. 63.465(d).
    (B) Ensure that, after cleaning, each part is held in the solvent 
cleaning machine freeboard area above the vapor zone for the dwell time 
determined for that particular part or parts basket, or for the maximum 
dwell time determined using the most complex part type or parts basket.
    (vi) If a superheated vapor system is used to comply with these 
standards, the owner or operator shall comply with the requirements 
specified in paragraphs (e)(2)(vi)(A) through (e)(2)(vi)(C) of this 
section.
    (A) Ensure that the temperature of the solvent vapor at the center 
of the superheated vapor zone is at least 10 deg.F above the solvent's 
boiling point.
    (B) Ensure that the manufacturer's specifications for determining 
the minimum proper dwell time within the superheated vapor system is 
followed.
    (C) Ensure that parts remain within the superheated vapor for at 
least the minimum proper dwell time.
    (vii) If a carbon adsorber in conjunction with a lip exhaust is used 
to comply with these standards, the owner or operator shall comply with 
the requirements specified in paragraphs (e)(2)(vii)(A) through 
(e)(2)(vii)(C) of this section.
    (A) Ensure that the concentration of organic solvent in the exhaust 
from this device does not exceed 100 parts per million of any 
halogenated HAP compound as measured using the procedure in 
Sec. 63.466(e). If the halogenated HAP solvent concentration in the 
carbon adsorber exhaust exceeds 100 parts per million, the owner or 
operator shall adjust the desorption schedule or replace the disposable 
canister, if not a regenerative system, so that the exhaust 
concentration of halogenated HAP solvent is brought below 100 parts per 
million.
    (B) Ensure that the carbon adsorber bed is not bypassed during 
desorption.
    (C) Ensure that the lip exhaust is located above the solvent 
cleaning machine cover so that the cover closes below the lip exhaust 
level.
    (3) If any of the requirements of paragraph (e)(2) of this section 
are not met, determine whether an exceedance has occurred using the 
criteria in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
    (i) An exceedance has occurred if the requirements of paragraphs 
(e)(2)(ii)(B), (e)(2)(iii)(A), (e)(2)(iv)(A), (e)(2)(v), (e)(2)(vi)(B), 
(e)(2)(vi)(C),

[[Page 747]]

(e)(2)(vii)(B), or (e)(2)(vii)(C) of this section have not been met.
    (ii) An exceedance has occurred if the requirements of paragraphs 
(e)(2)(i), (e)(2)(ii)(A), (e)(2)(iii)(B), (e)(2)(iv)(B), (e)(2)(vi)(A), 
or (e)(2)(vii)(A) of this section have not been met and are not 
corrected within 15 days of detection. Adjustments or repairs shall be 
made to the solvent cleaning system or control device to reestablish 
required levels. The parameter must be remeasured immediately upon 
adjustment or repair and demonstrated to be within required limits.
    (4) The owner or operator shall report all exceedances and all 
corrections and adjustments made to avoid an exceedance as specified in 
Sec. 63.468(h).
    (f) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the idling emission limit standards in 
paragraphs (b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) of this 
section shall comply with the requirements specified in paragraphs 
(f)(1) through (f)(5) of this section.
    (1) Conduct an initial performance test to comply with the 
requirements specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
section.
    (i) Demonstrate compliance with the applicable idling emission 
limit.
    (ii) Establish parameters that will be monitored to demonstrate 
compliance. If a control device is used that is listed in paragraph 
(e)(2) of this section, then the requirements for that control device as 
listed in paragraph (e)(2) of this section shall be used unless the 
owner or operator can demonstrate to the Administrator's satisfaction 
that an alternative strategy is equally effective.
    (2) Conduct the periodic monitoring of the parameters used to 
demonstrate compliance as described in Sec. 63.466(f).
    (3) Operate the solvent cleaning machine within parameters 
identified in the initial performance test.
    (4) If any of the requirements in paragraphs (f)(1) through (f)(3) 
of this section are not met, determine whether an exceedance has 
occurred using the criteria in paragraphs (f)(4)(i) and (f)(4)(ii) of 
this section.
    (i) If using a control listed in paragraph (e) of this section, the 
owner or operator shall comply with the appropriate parameter values in 
paragraph (e)(2) and the exceedance delineations in paragraphs (e)(3)(i) 
and (e)(3)(ii) of this section.
    (ii) If using a control not listed in paragraph (e) of this section, 
the owner or operator shall indicate whether the exceedance of the 
parameters that are monitored to determine the proper functioning of 
this control would be classified as an immediate exceedance or whether a 
15 day repair period would be allowed. This information must be 
submitted to the Administrator for approval.
    (5) The owner or operator shall report all exceedances and all 
corrections and adjustments made to avoid an exceedance as specified in 
Sec. 63.468(h).

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995]



Sec. 63.464  Alternative standards.

    (a) As an alternative to meeting the requirements in Sec. 63.463, 
each owner or operator of a batch vapor or in-line solvent cleaning 
machine can elect to comply with the requirements of Sec. 63.464. An 
owner or operator of a solvent cleaning machine who elects to comply 
with Sec. 63.464 shall comply with the requirements specified in either 
paragraph (a)(1) or (a)(2) of this section.
    (1) If the cleaning machine has a solvent/air interface, as defined 
in Sec. 63.461, the owner or operator shall comply with the requirements 
specified in paragraphs (a)(1)(i) and (a)(1)(ii) of this section.
    (i) Maintain a log of solvent additions and deletions for each 
solvent cleaning machine.
    (ii) Ensure that the emissions from each solvent cleaning machine 
are equal to or less than the applicable emission limit presented in 
table 5 of this subpart as determined using the procedures in 
Sec. 63.465(b) and (c).

[[Page 748]]



  Table 5--Emission Limits for Batch Vapor and In-Line Solvent Cleaning 
                  Machines With a Solvent/Air Interface                 
------------------------------------------------------------------------
                                                               3-month  
                                                               rolling  
                                                               average  
                                                               monthly  
                                                               emission 
                  Solvent cleaning machine                      limit   
                                                             (kilograms/
                                                                square  
                                                               meters/  
                                                                month)  
------------------------------------------------------------------------
Batch vapor solvent cleaning machines......................         150 
Existing in-line solvent cleaning machines.................         153 
New in-line solvent cleaning machines......................          99 
------------------------------------------------------------------------

    (2) If the cleaning machine is a batch vapor cleaning machine and 
does not have a solvent/air interface, the owner or operator shall 
comply with the requirements specified in paragraphs (a)(2)(i) and 
(a)(2)(ii) of this section.
    (i) Maintain a log of solvent additions and deletions for each 
solvent cleaning machine.
    (ii) Ensure that the emissions from each solvent cleaning machine 
are equal to or less than the appropriate limits as described in 
paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(B) of this section.
    (A) For cleaning machines with a cleaning capacity, as reported in 
Sec. 63.468(d), that is less than or equal to 2.95 cubic meters, the 
emission limit shall be determined using table 6 or equation 1. If using 
table 6, and the cleaning capacity of the cleaning machine falls between 
two cleaning capacity sizes, then the lower of the two emission limits 
applies.
    (B) For cleaning machines with a cleaning capacity as reported in 
Sec. 63.468(d), that is greater than 2.95 cubic meters, the emission 
limit shall be determined using equation 1.
EL = 330 * (Vol) 0.6    (1)
where:

EL = the 3-month rolling average monthly emission limit (kilograms/
month).

  Table 6--Emission Limits for Cleaning Machines Without a Solvent/Air  
                                Interface                               
------------------------------------------------------------------------
                                       3-month rolling average monthly  
 Cleaning capacity (cubic meters)     emission limit (kilograms/month)  
------------------------------------------------------------------------
0.00..............................                        0             
0.05..............................                       55             
0.10..............................                       83             
0.15..............................                      106             
0.20..............................                      126             
0.25..............................                      144             
0.30..............................                      160             
0.35..............................                      176             
0.40..............................                      190             
0.45..............................                      204             
0.50..............................                      218             
0.55..............................                      231             
0.60..............................                      243             
0.65..............................                      255             
0.70..............................                      266             
0.75..............................                      278             
0.80..............................                      289             
0.85..............................                      299             
0.90..............................                      310             
0.95..............................                      320             
1.00..............................                      330             
1.05..............................                      340             
1.10..............................                      349             
1.15..............................                      359             
1.20..............................                      368             
1.25..............................                      377             
1.30..............................                      386             
1.35..............................                      395             
1.40..............................                      404             
1.45..............................                      412             
1.50..............................                      421             
1.55..............................                      429             
1.60..............................                      438             
1.65..............................                      446             
1.70..............................                      454             
1.75..............................                      462             
1.80..............................                      470             
1.85..............................                      477             
1.90..............................                      485             
1.95..............................                      493             
2.00..............................                      500             
2.05..............................                      508             
2.10..............................                      515             
2.15..............................                      522             
2.20..............................                      530             
2.25..............................                      537             
2.30..............................                      544             
2.35..............................                      551             
2.40..............................                      558             
2.45..............................                      565             
2.50..............................                      572             
2.55..............................                      579             
2.60..............................                      585             
2.65..............................                      592             
2.70..............................                      599             
2.75..............................                      605             
2.80..............................                      612             
2.85..............................                      619             
2.90..............................                      625             
2.95..............................                      632             
------------------------------------------------------------------------

Vol = the cleaning capacity of the solvent cleaning machine (cubic 
meters).

    (b) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with Sec. 63.464(a) shall demonstrate 
compliance with the applicable 3-month rolling average

[[Page 749]]

monthly emission limit on a monthly basis as described in Sec. 63.465(b) 
and (c).
    (c) If the applicable 3-month rolling average emission limit is not 
met, an exceedance has occurred. All exceedances shall be reported as 
required in Sec. 63.468(h).



Sec. 63.465  Test methods.

    (a) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with an idling emission limit standard in 
Sec. 63.463(b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) shall 
determine the idling emission rate of the solvent cleaning machine using 
Reference Method 307 in appendix A to this part.
    (b) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with Sec. 63.464 shall on the first operating 
day of every month ensure that the solvent cleaning machine system 
contains only clean liquid solvent. This includes, but is not limited 
to, fresh unused solvent, recycled solvent and used solvent that has 
been cleaned of soils. A fill line must be indicated during the first 
month the measurements are made. The solvent level within the machine 
must be returned to the same fill-line each month, immediately prior to 
calculating monthly emissions as specified in Sec. 63.465(c). The 
solvent cleaning machine does not have to be emptied and filled with 
fresh unused solvent prior to the calculations.
    (c) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with Sec. 63.464 shall on the first operating 
day of the month comply with the requirements specified in paragraphs 
(c)(1) through (c)(3) of this section.
    (1) Using the records of all solvent additions and deletions for the 
previous monthly reporting period required under Sec. 63.464(a), 
determine solvent emissions (Ei) using equation 2 for cleaning machines 
with a solvent/air interface and equation 3 for cleaning machines 
without a solvent/air interface:
[GRAPHIC] [TIFF OMITTED] TR02DE94.000

[GRAPHIC] [TIFF OMITTED] TR02DE94.001

where:

Ei=the total halogenated HAP solvent emissions from the solvent 
cleaning machine during the most recent monthly reporting period i, 
(kilograms of solvent per square meter of solvent/air interface area per 
month).
En=the total halogenated HAP solvent emissions from the solvent 
cleaning machine during the most recent monthly reporting period i, 
(kilograms of solvent per month).
SAi=the total amount of halogenated HAP liquid solvent added to the 
solvent cleaning machine during the most recent monthly reporting period 
i, (kilograms of solvent per month).
LSRi=the total amount of halogenated HAP liquid solvent removed 
from the solvent cleaning machine during the most recent monthly 
reporting period i, (kilograms of solvent per month).
SSRi=the total amount of halogenated HAP solvent removed from the 
solvent cleaning machine in solid waste, obtained as described in 
paragraph (c)(2) of this section, during the most recent monthly 
reporting period i, (kilograms of solvent per month).
AREAi=the solvent/air interface area of the solvent cleaning 
machine (square meters).

    (2) Determine SSRi using the method specified in paragraph 
(c)(2)(i) or (c)(2)(ii) of this section.
    (i) From tests conducted using EPA reference method 25d.
    (ii) By engineering calculations included in the compliance report.
    (3) Determine the monthly rolling average, EA, for the 3-month 
period ending with the most recent reporting period using equation 4 for 
cleaning machines with a solvent/air interface or equation 5 for 
cleaning machines without a solvent/air interface:
[GRAPHIC] [TIFF OMITTED] TR02DE94.002

      

[[Page 750]]

[GRAPHIC] [TIFF OMITTED] TR02DE94.003


Where:

EAi=the average halogenated HAP solvent emissions over the 
preceding 3 monthly reporting periods, (kilograms of solvent per square 
meter of solvent/air interface area per month).
EAn=the average halogenated HAP solvent emissions over the 
preceding 3 monthly reporting periods (kilograms of solvent per month).
Ei=halogenated HAP solvent emissions for each month (j) for the 
most recent 3 monthly reporting periods (kilograms of solvent per square 
meter of solvent/air interface area).
En=halogenated HAP solvent emissions for each month (j) for the 
most recent 3 monthly reporting periods (kilograms of solvent per 
month).
j=1 = the most recent monthly reporting period.
j=2 = the monthly reporting period immediately prior to j=1.
j=3 = the monthly reporting period immediately prior to j=2.

    (d) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine using a dwell to comply with Sec. 63.463 shall 
determine the appropriate dwell time for each part or parts basket using 
the procedure specified in paragraphs (d)(1) and (d)(2) of this section.
    (1) Determine the amount of time for the part or parts basket to 
cease dripping once placed in the vapor zone. The part or parts basket 
used for this determination must be at room temperature before being 
placed in the vapor zone.
    (2) The proper dwell time for parts to remain in the freeboard area 
above the vapor zone is no less than 35 percent of the time determined 
in paragraph (d)(1) of this section.
    (e) An owner or operator of a source shall determine their potential 
to emit from all solvent cleaning operations, using the procedures 
described in paragraphs (e)(1) through (e)(3) of this section. A 
facility's total potential to emit is the sum of the HAP emissions from 
all solvent cleaning operations, plus all HAP emissions from other 
sources within the facility.
    (1) Determine the potential to emit for each individual solvent 
cleaning using equation 6.

PTEi=Hi x Wi x SAIi (6)
Where:

PTEi=the potential to emit for solvent cleaning machine i 
(kilograms of solvent per year).
Hi=hours of operation for solvent cleaning machine i (hours per 
year).
    =8760 hours per year, unless otherwise restricted by a Federally 
enforceable requirement.
Wi=the working mode uncontrolled emission rate (kilograms per 
square meter per hour).
    =1.95 kilograms per square meter per hour for batch vapor and cold 
cleaning machines.
    =1.12 kilograms per square meter per hour for in-line cleaning 
machines.
SAIi = solvent/air interface area of solvent cleaning machine i 
(square meters). Section 63.461 defines the solvent/air interface area 
for those machines that have a solvent/air interface. Cleaning machines 
that do not have a solvent/air interface shall calculate a solvent/air 
interface area using the procedure in paragraph (e)(2) of this section.

    (2) Cleaning machines that do not have a solvent/air interface shall 
calculate a solvent/air interface area using equation 7.

SAI=2.20 * (Vol)0.6    (7)
Where:

SAI=the solvent/air interface area (square meters).
Vol=the cleaning capacity of the solvent cleaning machine (cubic 
meters).

    (3) Sum the PTEi for all solvent cleaning operations to obtain 
the total potential to emit for solvent cleaning operations at the 
facility.



Sec. 63.466  Monitoring procedures.

    (a) Except as provided in paragraph (g) of this section, each owner 
or operator of a batch vapor or in-line solvent cleaning machine 
complying with the equipment standards in Sec. 63.463 (b)(1)(i), 
(b)(2)(i), (c)(1)(i), or (c)(2)(i) shall conduct monitoring and record 
the results

[[Page 751]]

on a weekly basis for the control devices, as appropriate, specified in 
paragraphs (a)(1) and (a)(2) of this section.
    (1) If a freeboard refrigeration device is used to comply with these 
standards, the owner or operator shall use a thermometer or thermocouple 
to measure the temperature at the center of the air blanket during the 
idling mode.
    (2) If a superheated vapor system is used to comply with these 
standards, the owner or operator shall use a thermometer or thermocouple 
to measure the temperature at the center of the superheated solvent 
vapor zone while the solvent cleaning machine is in the idling mode.
    (b) Except as provided in paragraph (g) of this section, each owner 
or operator of a batch vapor or in-line solvent cleaning machine 
complying with the equipment standards of Sec. 63.463 (b)(1)(i), 
(b)(2)(i), (c)(1)(i), or (c)(2)(i) shall conduct monitoring and record 
the results on a monthly basis for the control devices, as appropriate, 
specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) If a cover (working-mode, downtime-mode, and/or idling-mode 
cover) is used to comply with these standards, the owner or operator 
shall conduct a visual inspection to determine if the cover is opening 
and closing properly, completely covers the cleaning machine openings 
when closed, and is free of cracks, holes, and other defects.
    (2) If a dwell is used, the owner or operator shall determine the 
actual dwell time by measuring the period of time that parts are held 
within the freeboard area of the solvent cleaning machine after 
cleaning.
    (c) Except as provided in paragraph (g) of this section, each owner 
or operator of a batch vapor or in-line solvent cleaning machine 
complying with the equipment or idling standards in Sec. 63.463 shall 
monitor the hoist speed as described in paragraphs (c)(1) through (c)(4) 
of this section.
    (1) The owner or operator shall determine the hoist speed by 
measuring the time it takes for the hoist to travel a measured distance. 
The speed is equal to the distance in meters divided by the time in 
minutes (meters per minute).
    (2) The monitoring shall be conducted monthly. If after the first 
year, no exceedances of the hoist speed are measured, the owner or 
operator may begin monitoring the hoist speed quarterly.
    (3) If an exceedance of the hoist speed occurs during quarterly 
monitoring, the monitoring frequency returns to monthly until another 
year of compliance without an exceedance is demonstrated.
    (4) If an owner or operator can demonstrate to the Administrator's 
satisfaction in the initial compliance report that the hoist cannot 
exceed a speed of 3.4 meters per minute (11 feet per minute), the 
required monitoring frequency is quarterly, including during the first 
year of compliance.
    (d) Except as provided in paragraph (g) of this section, each owner 
or operator of a batch vapor or in-line solvent cleaning machine 
complying with the equipment standards in Sec. 63.463 (b)(1)(i), 
(b)(2)(i), (c)(1)(i), or (c)(2)(i) using a reduced room draft shall 
conduct monitoring and record the results as specified in 
paragraph(d)(1) or (d)(2) of this section.
    (1) If the reduced room draft is maintained by controlling room 
parameters (i.e., redirecting fans, closing doors and windows, etc.), 
the owner or operator shall conduct an initial monitoring test of the 
windspeed and of room parameters, quarterly monitoring of windspeed, and 
weekly monitoring of room parameters as specified in paragraphs 
(d)(1)(i) and (d)(1)(ii) of this section.
    (i) Measure the windspeed within 6 inches above the top of the 
freeboard area of the solvent cleaning machine using the procedure 
specified in paragraphs (d)(1)(i)(A) through (d)(1)(i)(D) of this 
section.
    (A) Determine the direction of the wind current by slowly rotating a 
velometer or similar device until the maximum speed is located.
    (B) Orient a velometer in the direction of the wind current at each 
of the four corners of the machine.
    (C) Record the reading for each corner.
    (D) Average the values obtained at each corner and record the 
average wind speed.
    (ii) Monitor on a weekly basis the room parameters established 
during

[[Page 752]]

the initial compliance test that are used to achieve the reduced room 
draft.
    (2) If an enclosure (full or partial) is used to achieve a reduced 
room draft, the owner or operator shall conduct an initial monitoring 
test and, thereafter, monthly monitoring tests of the windspeed within 
the enclosure using the procedure specified in paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section and a monthly visual inspection of the 
enclosure to determine if it is free of cracks, holes and other defects.
    (i) Determine the direction of the wind current in the enclosure by 
slowly rotating a velometer inside the entrance to the enclosure until 
the maximum speed is located.
    (ii) Record the maximum wind speed.
    (e) Except as provided in paragraph (g) of this section, each owner 
or operator using a carbon adsorber to comply with this subpart shall 
measure and record the concentration of halogenated HAP solvent in the 
exhaust of the carbon adsorber weekly with a colorimetric detector tube. 
This test shall be conducted while the solvent cleaning machine is in 
the working mode and is venting to the carbon adsorber. The exhaust 
concentration shall be determined using the procedure specified in 
paragraphs (e)(1) through (e)(3) of this section.
    (1) Use a colorimetric detector tube designed to measure a 
concentration of 100 parts per million by volume of solvent in air to an 
accuracy of  25 parts per million by volume.
    (2) Use the colorimetric detector tube according to the 
manufacturer's instructions.
    (3) Provide a sampling port for monitoring within the exhaust outlet 
of the carbon adsorber that is easily accessible and located at least 8 
stack or duct diameters downstream from any flow disturbance such as a 
bend, expansion, contraction, or outlet; downstream from no other inlet; 
and 2 stack or duct diameters upstream from any flow disturbance such as 
a bend, expansion, contraction, inlet or outlet.
    (f) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the idling emission limit standards of 
Sec. 63.463 (b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) shall 
comply with the requirements specified in paragraphs (f)(1) and (f)(2) 
of this section.
    (1) If using controls listed in paragraphs (a) through (e) of this 
section, the owner or operator shall comply with the monitoring 
frequency requirements in paragraphs (a) through (e) of this section.
    (2) If using controls not listed in paragraphs (a) through (e) of 
this section, the owner or operator shall establish the monitoring 
frequency for each control and submit it to the Administrator for 
approval in the initial test report.
    (g) Each owner or operator using a control device listed in 
paragraphs (a) through (e) of this section can use alternative 
monitoring procedures approved by the Administrator.



Sec. 63.467  Recordkeeping requirements.

    (a) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.463 shall 
maintain records in written or electronic form specified in paragraphs 
(a)(1) through (a)(5) of this section for the lifetime of the machine.
    (1) Owner's manuals, or if not available, written maintenance and 
operating procedures, for the solvent cleaning machine and control 
equipment.
    (2) The date of installation for the solvent cleaning machine and 
all of its control devices. If the exact date for installation is not 
known, a letter certifying that the cleaning machine and its control 
devices were installed prior to, or on, November 29, 1993, or after 
November 29, 1993, may be substituted.
    (3) If a dwell is used to comply with these standards, records of 
the tests required in Sec. 63.465(d) to determine an appropriate dwell 
time for each part or parts basket.
    (4) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the idling emission limit standards of 
Sec. 63.463(b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) shall 
maintain records of the initial performance test, including the idling 
emission rate and values of the monitoring parameters measured during 
the test.
    (5) Records of the halogenated HAP solvent content for each solvent 
used

[[Page 753]]

in a solvent cleaning machine subject to the provisions of this subpart.
    (b) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with Sec. 63.463 shall maintain records 
specified in paragraphs (b)(1) through (b)(4) of this section either in 
electronic or written form for a period of 5 years.
    (1) The results of control device monitoring required under 
Sec. 63.466.
    (2) Information on the actions taken to comply with Sec. 63.463(e) 
and (f). This information shall include records of written or verbal 
orders for replacement parts, a description of the repairs made, and 
additional monitoring conducted to demonstrate that monitored parameters 
have returned to accepted levels.
    (3) Estimates of annual solvent consumption for each solvent 
cleaning machine.
    (4) If a carbon adsorber is used to comply with these standards, 
records of the date and results of the weekly measurement of the 
halogenated HAP solvent concentration in the carbon adsorber exhaust 
required in Sec. 63.466(e).
    (c) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.464 shall 
maintain records specified in paragraphs (c)(1) through (c)(3) of this 
section either in electronic or written form for a period of 5 years.
    (1) The dates and amounts of solvent that are added to the solvent 
cleaning machine.
    (2) The solvent composition of wastes removed from cleaning machines 
as determined using the procedure described in Sec. 63.465(c)(2).
    (3) Calculation sheets showing how monthly emissions and the rolling 
3-month average emissions from the solvent cleaning machine were 
determined, and the results of all calculations.
    (d) Each owner or operator of a solvent cleaning machine without a 
solvent/air interface complying with the provisions of Sec. 63.464 shall 
maintain records on the method used to determine the cleaning capacity 
of the cleaning machine.



Sec. 63.468  Reporting requirements.

    (a) Each owner or operator of an existing solvent cleaning machine 
subject to the provisions of this subpart shall submit an initial 
notification report to the Administrator no later than August 29, 1995. 
This report shall include the information specified in paragraphs (a)(1) 
through (a)(6) of this section.
    (1) The name and address of the owner or operator.
    (2) The address (i.e., physical location) of the solvent cleaning 
machine(s).
    (3) A brief description of each solvent cleaning machine including 
machine type (batch vapor, batch cold, vapor in-line or cold in-line), 
solvent/air interface area, and existing controls.
    (4) The date of installation for each solvent cleaning machine or a 
letter certifying that the solvent cleaning machine was installed prior 
to, or after, November 29, 1993.
    (5) The anticipated compliance approach for each solvent cleaning 
machine.
    (6) An estimate of annual halogenated HAP solvent consumption for 
each solvent cleaning machine.
    (b) Each owner or operator of a new solvent cleaning machine subject 
to the provisions of this subpart shall submit an initial notification 
report to the Administrator. New sources for which construction or 
reconstruction had commenced and initial startup had not occurred before 
December 2, 1994, shall submit this report as soon as practicable before 
startup but no later than January 31, 1995. New sources for which the 
construction or reconstruction commenced after December 2, 1994, shall 
submit this report as soon as practicable before the construction or 
reconstruction is planned to commence. This report shall include all of 
the information required in Sec. 63.5(d)(1) of subpart A (General 
Provisions), with the revisions and additions in paragraphs (b)(1) 
through (b)(3) of this section.
    (1) The report shall include a brief description of each solvent 
cleaning machine including machine type (batch vapor, batch cold, vapor 
in-line, or cold-line), solvent/air interface area, and existing 
controls.

[[Page 754]]

    (2) The report shall include the anticipated compliance approach for 
each solvent cleaning machine.
    (3) In lieu of Sec. 63.5(d)(1)(ii)(H) of subpart A of this part, the 
owner or operator must report an estimate of annual halogenated HAP 
solvent consumption for each solvent cleaning machine.
    (c) Each owner or operator of a batch cold solvent cleaning machine 
subject to the provisions of this subpart shall submit a compliance 
report to the Administrator. For existing sources, this report shall be 
submitted to the Administrator no later than 150 days after the 
compliance date specified in Sec. 63.460(d). For new sources, this 
report shall be submitted to the Administrator no later than 150 days 
after startup or May 1, 1995, whichever is later. This report shall 
include the requirements specified in paragraphs (c)(1) through (c)(4) 
of this section.
    (1) The name and address of the owner or operator.
    (2) The address (i.e., physical location) of the solvent cleaning 
machine(s).
    (3) A statement, signed by the owner or operator of the solvent 
cleaning machine, stating that the solvent cleaning machine for which 
the report is being submitted is in compliance with the provisions of 
this subpart.
    (4) The compliance approach for each solvent cleaning machine.
    (d) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.463 shall 
submit to the Administrator an initial statement of compliance for each 
solvent cleaning machine. For existing sources, this report shall be 
submitted to the Administrator no later than 150 days after the 
compliance date specified in Sec. 63.460(d). For new sources, this 
report shall be submitted to the Administrator no later than 150 days 
after startup or May 1, 1995, whichever is later. This statement shall 
include the requirements specified in paragraphs (d)(1) through (d)(6) 
of this section.
    (1) The name and address of the owner or operator.
    (2) The address (i.e., physical location) of the solvent cleaning 
machine(s).
    (3) A list of the control equipment used to achieve compliance for 
each solvent cleaning machine.
    (4) For each piece of control equipment required to be monitored, a 
list of the parameters that are monitored and the values of these 
parameters measured on or during the first month after the compliance 
date.
    (5) Conditions to maintain the wind speed requirements of 
Sec. 63.463(e)(2)(ii), if applicable.
    (6) Each owner or operator of a solvent cleaning machine complying 
with the idling emission limit standards of Sec. 63.463(b)(1)(ii), 
(b)(2)(ii), (c)(1)(ii), and (c)(2)(ii) shall submit a test report for 
tests of idling emissions meeting the specifications in Method 307 of 
appendix A to this subpart. This report shall comply with the 
requirements specified in paragraphs (d)(6)(i) through (d)(6)(iv) of 
this section.
    (i) This test must be on the same specific model cleaner used at the 
source. The test can be done by the owner or operator of the affected 
machine or can be supplied by the vendor of that solvent cleaning 
machine or a third party.
    (ii) This report must clearly state the monitoring parameters, 
monitoring frequency and the delineation of exceedances for each 
parameter.
    (iii) If a solvent cleaning machine vendor or third party test 
report is used to demonstrate compliance, it shall include the following 
for the solvent cleaning machine tested: Name of person(s) or company 
that performed the test, model name, the date the solvent cleaning 
machine was tested, serial number, and a diagram of the solvent cleaning 
machine tested.
    (iv) If a solvent cleaning machine vendor or third party test report 
is used, the owner or operator of the solvent cleaning machine shall 
comply with the requirements specified in either paragraphs 
(d)(6)(iv)(A) and (d)(6)(iv)(B) of this section.
    (A) Submit a statement by the solvent cleaning machine vendor that 
the unit tested is the same as the unit the report is being submitted 
for.
    (B) Demonstrate to the Administrator's satisfaction that the solvent 
emissions from the solvent cleaning machine for which the test report is 
being submitted are equal to or less

[[Page 755]]

than the solvent emissions from the solvent cleaning machine in the 
vendor test report.
    (7) If a carbon adsorber is used to comply with these standards, the 
date and results of the weekly measurement of the halogenated HAP 
solvent concentration in the carbon adsorber exhaust required in 
Sec. 63.466(e).
    (e) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.464 shall 
submit to the Administrator an initial statement of compliance for each 
solvent cleaning machine. For existing sources, this report shall be 
submitted to the Administrator no later than 150 days after the 
compliance date specified in Sec. 63.460(d). For new sources, this 
report shall be submitted to the Administrator no later than 150 days 
after startup or May 1, 1995, whichever is later. The statement shall 
include the information specified in paragraphs (e)(1) through (e)(4) of 
this section.
    (1) The name and address of the solvent cleaning machine owner or 
operator.
    (2) The address of the solvent cleaning machine(s).
    (3) The solvent/air interface area for each solvent cleaning machine 
or, for cleaning machines without a solvent/air interface, a description 
of the method used to determine the cleaning capacity and the results.
    (4) The results of the first 3-month average emissions calculation.
    (f) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.463 shall 
submit an annual report by February 1 of the year following the one for 
which the reporting is being made. This report shall include the 
requirements specified in paragraphs (f)(1) through (f)(3) of this 
section.
    (1) A signed statement from the facility owner or his designee 
stating that, ``All operators of solvent cleaning machines have received 
training on the proper operation of solvent cleaning machines and their 
control devices sufficient to pass the test required in 
Sec. 63.463(d)(10).''
    (2) An estimate of solvent consumption for each solvent cleaning 
machine during the reporting period.
    (3) The reports required under paragraphs (f) and (g) of this 
section can be combined into a single report for each facility.
    (g) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec. 63.464 shall 
submit a solvent emission report every year. This solvent emission 
report shall contain the requirements specified in paragraphs (g)(1) 
through (g)(4) of this section.
    (1) The size and type of each unit subject to this subpart (solvent/
air interface area or cleaning capacity).
    (2) The average monthly solvent consumption for the solvent cleaning 
machine in kilograms per month.
    (3) The 3-month monthly rolling average solvent emission estimates 
calculated each month using the method as described in Sec. 63.465(c).
    (4) The reports required under paragraphs (f) and (g) of this 
section can be combined into a single report for each facility.
    (h) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine shall submit an exceedance report to the Administrator 
semiannually except when, the Administrator determines on a case-by-case 
basis that more frequent reporting is necessary to accurately assess the 
compliance status of the source or, an exceedance occurs. Once an 
exceedance has occurred the owner or operator shall follow a quarterly 
reporting format until a request to reduce reporting frequency under 
paragraph (i) of this section is approved. Exceedance reports shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half or quarter, as appropriate. The exceedance report shall 
include the applicable information in paragraphs (h) (1) through (3) of 
this section.
    (1) Information on the actions taken to comply with Sec. 63.463 (e) 
and (f). This information shall include records of written or verbal 
orders for replacement parts, a description of the repairs made, and 
additional monitoring conducted to demonstrate that monitored parameters 
have returned to accepted levels.
    (2) If an exceedance has occurred, the reason for the exceedance and 
a description of the actions taken.

[[Page 756]]

    (3) If no exceedances of a parameter have occurred, or a piece of 
equipment has not been inoperative, out of control, repaired, or 
adjusted, such information shall be stated in the report.
    (i) An owner or operator who is required to submit an exceedance 
report on a quarterly (or more frequent) basis may reduce the frequency 
of reporting to semiannual if the conditions in paragraphs (i)(1) 
through (i)(3) of this section are met.
    (1) The source has demonstrated a full year of compliance without an 
exceedance.
    (2) The owner or operator continues to comply with all relevant 
recordkeeping and monitoring requirements specified subpart A (General 
Provisions) and in this subpart.
    (3) The Administrator does not object to a reduced frequency of 
reporting for the affected source as provided in paragraph (e)(3)(iii) 
of subpart A (General Provisions).
    (j) The Administrator has determined, pursuant to the criteria under 
section 502(a) of the Act, that an owner or operator of any batch cold 
solvent cleaning machine that is not itself a major source and that is 
not located at a major source, as defined under 40 CFR 70.2, is exempt 
from part 70 permitting requirements for that source.

An owner or operator of any other solvent cleaning machine subject to 
the provisions of this subpart is subject to part 70 permitting 
requirements, such sources, if not major or located at major sources, 
may be deferred by the State from part 70 permitting requirements for 5 
years after the EPA first approves a part 70 program (i.e., until 
December 9, 1999). All sources receiving deferrals shall submit permit 
applications within 12 months of such date (by December 9, 2000).

    (k) Each owner or operator of a solvent cleaning machine requesting 
an equivalency determination, as described in Sec. 63.469 shall submit 
an equivalency request report to the Administrator. For existing 
sources, this report must be submitted to the Administrator no later 
than June 3, 1996. For new sources, this report must be submitted and 
approved by the Administrator prior to startup.

[59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995]



Sec. 63.469  Equivalent methods of control.

    Upon written application, the Administrator may approve the use of 
equipment or procedures after they have been satisfactorily demonstrated 
to be equivalent, in terms of reducing emissions of methylene chloride, 
perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon 
tetrachloride or chloroform to the atmosphere, to those prescribed for 
compliance within a specified paragraph of this subpart. The application 
must contain a complete description of the equipment or procedure and 
the proposed equivalency testing procedure and the date, time, and 
location scheduled for the equivalency demonstration.

      Appendix A to Subpart T--Test of Solvent Cleaning Procedures

                            General Questions

______ 1. What is the maximum allowable speed for parts entry and 
          removal?
    A. 8.5 meters per minute (28 feet per minute).
    B. 3.4 meters per minute (11 feet per minute).
    C. 11 meters per minute (36 feet per minute).
    D. No limit.
______ 2. How do you ensure that parts enter and exit the solvent 
          cleaning machine at the speed required in the regulation?
    A. Program on computerized hoist monitors speed.
    B. Can judge the speed by looking at it.
    C. Measure the time it takes the parts to travel a measured 
distance.
______ 3. Identify the sources of air disturbances.
    A. Fans
    B. Open doors
    C. Open windows
    D. Ventilation vents
    E. All of the above
______ 4. What are the three operating modes?
    A. Idling, working and downtime
    B. Precleaning, cleaning, and drying
    C. Startup, shutdown, off
    D. None of the above
______ 5. When can parts or parts baskets be removed from the solvent 
          cleaning machine?
    A. When they are clean

[[Page 757]]

    B. At any time
    C. When dripping stops
    D. Either A or C is correct
______ 6. How must parts be oriented during cleaning?
    A. It does not matter as long as they fit in the parts basket.
    B. So that the solvent pools in the cavities where the dirt is 
concentrated.
    C. So that solvent drains from them freely.
______ 7. During startup, what must be turned on first, the primary 
          condenser or the sump heater?
    A. Primary condenser
    B. Sump heater
    C. Turn both on at same time
    D. Either A or B is correct
______ 8. During shutdown, what must be turned off first, the primary 
          condenser or the sump heater?
    A. Primary condenser
    B. Sump heater
    C. Turn both off at same time
    D. Either A or B is correct
______ 9. In what manner must solvent be added to and removed from the 
          solvent cleaning machine?
    A. With leak proof couplings
    B. With the end of the pipe in the solvent sump below the liquid 
solvent surface.
    C. So long as the solvent does not spill, the method does not 
matter.
    D. A and B
______ 10. What must be done with waste solvent and still and sump 
          bottoms?
    A. Pour down the drain
    B. Store in closed container
    C. Store in a bucket
    D. A or B
______ 11. What types of materials are prohibited from being cleaned in 
          solvent cleaning machines using halogenated HAP solvents?
    A. Sponges
    B. Fabrics
    C. Paper
    D. All of the above

                    Control Device Specific Questions

                   [  ] Freeboard Refrigeration Device

______ 1. What temperature must the FRD achieve?
    A. Below room temperature
    B. 50 deg.F
    C. Below the solvent boiling point
    D. 30 percent below the solvent boiling point

                         [  ] Working-Mode Cover

______ 2. When can a cover be open?
    A. While parts are in the cleaning machine
    B. During parts entry and removal
    C. During maintenance
    D. During measurements for compliance purposes
    E. A and C
    F. B, C, and D
______ 3. Covers must be maintained in what condition?
    A. Free of holes
    B. Free of cracks
    C. So that they completely seal cleaner opening
    D. All of the above

                               [  ] Dwell

______ 4. Where must the parts be held for the appropriate dwell time?
    A. In the vapor zone
    B. In the freeboard area above the vapor zone
    C. Above the cleaning machine
    D. In the immersion sump

                                 Answers

                            General Questions

 1. B
 2. A or C
 3. E
 4. A
 5. C
 6. C
 7. A
 8. B
 9. D
10. B
11. D

                    Control Device Specific Questions

 1. D
 2. F
 3. D
 4. B

[59 FR 61818, Dec. 2, 1994; 60 FR 29485, June 5, 1995]

                     Appendix B to Subpart T--General Provisions Applicability to Subpart T                     
----------------------------------------------------------------------------------------------------------------
                                         Applies to subpart T                                                   
            Reference            -----------------------------------                   Comments                 
                                         BCC              BVI                                                   
----------------------------------------------------------------------------------------------------------------
63.1(a) (1)-(3).................  Yes.............  Yes............                                             
63.1(a)(4)......................  Yes.............  Yes............  Subpart T (this appendix) specifies        
                                                                      applicability of each paragraph in subpart
                                                                      A to subpart T.                           
63.1(a)(5)......................  No..............  No.............                                             
63.1(a) (6)-(8).................  Yes.............  Yes............                                             
63.1(a)(9)......................  No..............  No.............                                             
63.1(a)(10).....................  Yes.............  Yes............                                             

[[Page 758]]

                                                                                                                
63.1(a)(11).....................  No..............  No.............  Subpart T allows submittal of notifications
                                                                      and reports through the U.S. mail, fax,   
                                                                      and courier. Subpart T requires that the  
                                                                      postmark for notifications and reports    
                                                                      submitted through the U.S. mail or other  
                                                                      non-Governmental mail carriers be on or   
                                                                      before deadline specified in an applicable
                                                                      requirement.                              
63.1(a) (12)-(14)...............  Yes.............  Yes............                                             
63.1(b)(1)......................  No..............  No.............  Subpart T specifies applicability.         
63.1(b)(2)......................  No..............  Yes............                                             
63.1(b)(3)......................  No..............  No.............  Subpart T requires that a record of        
                                                                      halogenated cleaning machine applicability
                                                                      determination be kept on site for 5 years,
                                                                      or until the cleaning machine changes its 
                                                                      operations. The record shall be           
                                                                      sufficiently detailed to allow the        
                                                                      Administrator to make a finding about the 
                                                                      source's applicability status with regard 
                                                                      to subpart T.                             
63.1(c)(1)......................  Yes.............  Yes............                                             
63.1(c)(2)......................  Yes.............  Yes............  Subpart T, Sec.  63.46(8)(h), indicates a  
                                                                      Title V permit exemption for halogenated  
                                                                      HAP batch cold solvent cleaning machines  
                                                                      that are not major sources and not located
                                                                      at a major source. This section also      
                                                                      specifies a deferral from the requirement 
                                                                      of a Title V permit for owners or         
                                                                      operators of solvent cleaning machines    
                                                                      subject to subpart T provisions, other    
                                                                      than halogenated HAP batch cold solvent   
                                                                      cleaning machines, that are not major     
                                                                      sources, and not located at a major       
                                                                      source.                                   
63.1(c)(3)......................  No..............  No.............                                             
63.1(c)(4)......................  Yes.............  Yes............                                             
63.1(c)(5)......................  Yes.............  Yes............  Subpart T does not require continuous      
                                                                      monitoring systems (CMS) or continuous    
                                                                      opacity monitoring systems. Therefore,    
                                                                      notifications and requirements for CMS and
                                                                      COMS specified in subpart A do not apply  
                                                                      to subpart T.                             
63.1(d).........................  No..............  No.............                                             
63.1(e).........................  No..............  Yes............                                             
63.2............................  Yes.............  Yes............  Subpart T definitions (Sec.  63.461) for   
                                                                      existing and new overlap with the         
                                                                      definitions for existing source and new   
                                                                      source in subpart A (Sec.  63.2). Both    
                                                                      subpart A and T also define Administrator.
63.3(a)-(c).....................  Yes.............  Yes............                                             
63.4(a) (1)-(3).................  Yes.............  Yes............                                             
63.4(a)(4)......................  No..............  No.............                                             
63.4(a)(5)......................  Yes.............  Yes............                                             
63.4(b)-(c).....................  Yes.............  Yes............                                             
63.5(a)(1)......................  Yes.............  Yes............                                             
63.5(a)(2)......................  Yes.............  Yes............                                             
63.5(b)(1)......................  Yes.............  Yes............                                             
63.5(b)(2)......................  No..............  No.............                                             
63.5(b)(3)......................  No..............  No.............  Subpart T overrides the requirement for    
                                                                      approval prior to constructing a new or   
                                                                      reconstructing an existing major source.  
63.5(b)(4)-(6)..................  Yes.............  Yes............                                             
63.5(c).........................  No..............  No.............                                             
63.5 (d)-(f)....................  No..............  No.............  Subpart T overrides the requirement to     
                                                                      submit an application for approval of     
                                                                      construction or reconstruction of a       
                                                                      halogenated solvent cleaning machine.     
63.6(a).........................  Yes.............  Yes............                                             
63.6(b) (1)-(5).................  Yes.............  Yes............  Subpart T, Sec.  63.460, specifies         
                                                                      compliance dates.                         
63.6(b)(6)......................  No..............  No.............                                             
63.6(b)(7)......................  No..............  No.............  Subpart T has the same requirements for    
                                                                      affected halogenated HAP solvent cleaning 
                                                                      machine subcategories that are located at 
                                                                      area sources as it does for those located 
                                                                      at major sources.                         
63.6(c)(1)-(2)..................  Yes.............  Yes............  Subpart T allows 3 years from the date of  
                                                                      promulgation for both area and major      
                                                                      existing sources to comply.               
63.6(c) (3)-(4).................  No..............  No.............                                             
63.6(c)(5)......................  Yes.............  Yes............  Subpart T has the same requirements for    
                                                                      affected halogenated HAP solvent cleaning 
                                                                      machine subcategories that are located at 
                                                                      area sources as it does for those located 
                                                                      at major sources.                         
                                                                     Subpart T allows 3 years from the date of  
                                                                      promulgation for both area and major      
                                                                      existing sources to comply.               
63.6(d).........................  No..............  No.............                                             
63.6(e)(1)-(2)..................  Yes.............  Yes............                                             
63.6(e)(3)......................  No..............  No.............  Subpart T overrides the requirement of a   
                                                                      startup, shutdown, and malfunction plan.  
                                                                      Subpart T specifies startup and shutdown  
                                                                      procedures to be followed by an owner or  
                                                                      operator for batch vapor and in-line      
                                                                      cleaning machines.                        
63.6(f)-(g).....................  Yes.............  Yes............                                             
63.6(h).........................  No..............  No.............  Subpart T does not require compliance with 
                                                                      an opacity or visible emission standard.  

[[Page 759]]

                                                                                                                
63.6(i) (1)-(14)................  Yes.............  Yes............                                             
63.6(i)(15).....................  No..............  No.............                                             
63.6(i)(16).....................  Yes.............  Yes............                                             
63.6(j).........................  Yes.............  Yes............                                             
63.7(a).........................  No..............  Yes............  Subpart T gives owners or operators the    
                                                                      option to perform an idling emission      
                                                                      performance test as a way of demonstrating
                                                                      compliance. Other options are also        
                                                                      available that do not require a           
                                                                      performance test.                         
63.7(b).........................  No..............  Yes............  This is only required for those owners or  
                                                                      operators that choose the idling emission 
                                                                      standard as their compliance option.      
63.7(c)(1)......................  No..............  Yes............  This is only required for those owners or  
                                                                      operators that choose the idling emission 
                                                                      standard as their compliance option.      
63.7(c) (2)-(3).................  No..............  No.............  Subpart T does not require a site-specific 
                                                                      test plan for the idling emission         
                                                                      performance test.                         
63.7(c)(4)......................  No..............  No.............  Subpart T does not require a performance   
                                                                      test that involves the retrieval of gas   
                                                                      samples, and therefore this does not      
                                                                      apply.                                    
63.7(d).........................  No..............  No.............  Requirements do not apply to the idling    
                                                                      emission performance test option.         
63.7(e).........................  No..............  Yes............                                             
63.7(f).........................  No..............  Yes............                                             
63.7(g).........................  No..............  Yes............  Subpart T specifies what is required to    
                                                                      demonstrate idling emission standard      
                                                                      compliance through the use of the         
                                                                      Environmental Protection Agency test      
                                                                      method 307 and control device monitoring. 
                                                                      Reports and records of testing and        
                                                                      monitoring are required for compliance    
                                                                      verification. Three runs of the test are  
                                                                      required for compliance, as specified in  
                                                                      Sec.  63.7(e) of subpart A.               
63.7(h).........................  No..............  No.............  Subpart T does not require the use of a    
                                                                      performance test to comply with the       
                                                                      standard. The idling emission standard    
                                                                      option (which requires an idling emission 
                                                                      performance test) is an alternative option
                                                                      offered to owners or operators of batch   
                                                                      vapor and in-line cleaning machines for   
                                                                      compliance flexibility.                   
63.8 (a)-(b)....................  Yes.............  Yes............                                             
63.8 (c)-(e)....................  No..............  No.............  Subpart T does not require the use of      
                                                                      continuous monitoring systems to          
                                                                      demonstrate compliance.                   
63.8(f).........................  Yes.............  Yes............                                             
63.8(g).........................  No..............  No.............  Subpart T does not require continuous      
                                                                      opacity monitoring systems and continuous 
                                                                      monitoring systems data.                  
63.9(a) (1)-(4).................  Yes.............  Yes............                                             
63.9(b)(1)......................  Yes.............  Yes............                                             
63.9(b)(2)......................  Yes.............  Yes............  Subpart T includes all of those            
                                                                      requirements stated in subpart A, except  
                                                                      that subpart A also requires a statement  
                                                                      as to whether the affected source is a    
                                                                      major or an area source, and an           
                                                                      identification of the relevant standard   
                                                                      (including the source's compliance date). 
                                                                      Subpart T also has some more specific     
                                                                      information requirements specific to the  
                                                                      affected source (see subpart T, Secs.     
                                                                      63.468(a)-(b)).                           
63.9(b)(3)......................  Yes.............  Yes............  The subpart A and subpart T initial        
                                                                      notification reports differ (see above).  
63.9(b)(4)......................  No..............  No.............  Subpart T does not require an application  
                                                                      for approval of construction or           
                                                                      reconstruction.                           
63.9(b)(5)......................  Yes.............  Yes............  ...........................................
63.9(c).........................  Yes.............  Yes............  ...........................................
63.9(d).........................  Yes.............  Yes............  ...........................................
63.9(e).........................  Yes.............  Yes............  Under subpart T, this requirement only     
                                                                      applies to owners or operators choosing to
                                                                      comply with the idling emissions standard.
63.9(f).........................  No..............  No.............  Subpart T does not require opacity or      
                                                                      visible emission observations.            
63.9(g)(1)......................  No..............  No.............  Subpart T does not require the use of      
                                                                      continuous monitoring systems or          
                                                                      continuous opacity monitoring systems.    
63.9(h).........................  No..............  No.............  Section 63.468 of subpart T requires an    
                                                                      initial statement of compliance for       
                                                                      existing sources to be submitted to the   
                                                                      Administrator no later than 150 days after
                                                                      the compliance date specified in Sec.     
                                                                      63.460(d) of subpart T. For new sources,  
                                                                      this report is to be submitted to the     
                                                                      Administrator no later than 150 days from 
                                                                      the date specified in Sec.  63.460(c).    
63.9(i).........................  Yes.............  Yes............                                             
63.9(j).........................  Yes.............  Yes............                                             
63.10(a)........................  Yes.............  Yes............                                             
63.10(b)........................  No..............  No.............  Recordkeeping requirements are specified in
                                                                      subpart T.                                
63.10(c) (1)-(15)...............  No..............  No.............  Subpart T does not require continuous      
                                                                      monitoring systems.                       
63.10(d)(1).....................  Yes.............  Yes............                                             
63.10(d)(2).....................  No..............  No.............  Reporting requirements are specified in    
                                                                      subpart T.                                
63.10(e) (l)-(2)................  No..............  No.............  Subpart T does not require continuous      
                                                                      emissions monitoring systems.             
63.10(e)(3).....................  No..............  No.............  Subpart T does not require continuous      
                                                                      monitoring systems.                       
63.10(e)(4).....................  No..............  No.............  Subpart T does not require continuous      
                                                                      opacity monitoring systems.               
63.10(f)........................  Yes.............  Yes............                                             

[[Page 760]]

                                                                                                                
63.11(a)........................  Yes.............  Yes............                                             
63.11(b)........................  No..............  No.............  Flares are not a control option under      
                                                                      subpart T.                                
63.12 (a)-(c)...................  Yes.............  Yes............                                             
63.13 (a)-(c)...................  Yes.............  Yes............                                             
63.14...........................  No..............  No.............  Subpart T requirements do not require the  
                                                                      use of the test methods incorporated by   
                                                                      reference in subpart A.                   
63.15(a)-(b)....................  Yes.............  Yes............                                             
----------------------------------------------------------------------------------------------------------------
BCC=Batch Cold Cleaning Machines.                                                                               
BVI=Batch Vapor and In-line Cleaning Machines.                                                                  


[59 FR 61818, Dec. 2, 1994; 60 FR 29485, June 5, 1995]



                         Subparts U-V [Reserved]



Subpart W--National Emission Standards for Hazardous Air Pollutants for 
       Epoxy Resins Production and Non-Nylon Polyamides Production

    Source: 60 FR 12676, Mar. 8, 1995, unless otherwise noted.



Sec. 63.520  Applicability and designation of sources.

    The provisions of this subpart apply to all existing, new, and 
reconstructed manufacturers of basic liquid epoxy resins (BLR) and 
manufacturers of wet strength resins (WSR) that are located at a plant 
site that is a major source, as defined in section 112(a) of the Clean 
Air Act. Research and development facilities, as defined in Sec. 63.522, 
are exempt from the provisions of this subpart. The affected source is 
also defined in Sec. 63.522. If a change occurs to an existing source 
that does not constitute reconstruction then the additions have to meet 
the existing source requirements of the MACT standards. Any 
reconstruction of an existing source, or construction of a new source, 
must meet the new source standard. Affected sources are also subject to 
certain requirements of subpart A of this part, as specified in Table 1 
of this subpart.



Sec. 63.521  Compliance schedule.

    (a) Owners or operators of existing affected BLR and WSR sources 
shall comply with the applicable provisions of this subpart within 3 
years of the promulgation date.
    (b) New and reconstructed sources subject to this subpart shall be 
in compliance with the applicable provisions of this subpart upon 
startup.



Sec. 63.522  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency, or any official designee of the Administrator.
    Affected source means all HAP emission points within a facility that 
are related to the production of BLR or WSR, including process vents, 
storage tanks, wastewater systems, and equipment leaks.
    Basic liquid epoxy resins (BLR) means resins made by reacting 
epichlorohydrin and bisphenol A to form diglycidyl ether of bisphenol-A 
(DGEBPA).
    Batch emission episode means a discrete venting episode that may be 
associated with a single unit operation. For example, a displacement of 
vapor resulting from the charging of a vessel with HAP will result in a 
discrete emission episode that will last through the duration of the 
charge and will have an average flow rate equal to the rate of the 
charge. If the vessel is then heated, there will also be another 
discrete emission episode resulting from the expulsion of expanded 
vessel vapor space. Both emission episodes may occur in the same vessel 
or unit operation. There are possibly other emission episodes that may 
occur from the vessel or other process equipment, depending on process 
operations.

[[Page 761]]

    Batch process refers to a discontinuous process involving the bulk 
movement of material through sequential manufacturing steps. Mass, 
temperature, concentration, and other properties of a system vary with 
time. Addition of raw material and withdrawal of product do not 
typically occur simultaneously in a batch process.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow-inducing devices that transport gas or vapor from an emission point 
to a control device or back into the process.
    Continuous process means a process where the inputs and outputs flow 
continuously throughout the duration of the process. Continuous 
processes are typically steady-state.
    Drain system means the system used to convey wastewater streams from 
a process unit, product storage tank, or feed storage tank to a waste 
management unit. The term includes all process drains and junction 
boxes, together with their associated sewer lines and other junction 
boxes, manholes, sumps, and lift stations, down to the receiving waste 
management unit. A segregated stormwater sewer system, which is a drain 
and collection system designed and operated for the sole purpose of 
collecting rainfall-runoff at a facility, and which is segregated from 
all other drain systems, is excluded from this definition.
    Equipment leaks means emissions of hazardous air pollutants from a 
pump, compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, or instrumentation system in organic 
hazardous air pollutant service.
    Process vent means a point of emission from a unit operation. 
Typical process vents include condenser vents, vacuum pumps, steam 
ejectors, and atmospheric vents from reactors and other process vessels.
    Production-based emission rate means a ratio of the amount of HAP 
emitted to the amount of BLR or WSR produced.
    Research and development facility means laboratory operations whose 
primary purpose is to conduct research and development into new 
processes and products, where the operations are under the close 
supervision of technically trained personnel, and is not engaged in the 
manufacture of products for commercial sale, except in a de minimis 
manner.
    Storage tank means a tank or other vessel that is used to store 
liquids that contain one or more HAP compounds.
    Unit operation means those processing steps that occur within 
distinct equipment that are used, among other things, to prepare 
reactants, facilitate reactions, separate and purify products, and 
recycle materials. There may be several emission episodes within a 
single unit operation.
    Waste management unit means any component, piece of equipment, 
structure, or transport mechanism used in storing, treating, or 
disposing of wastewater streams, or conveying wastewater between 
storage, treatment, or disposal operations.
    Wastewater means aqueous liquid waste streams exiting equipment at 
an affected source.
    Wastewater system means a system made up of a drain system and one 
or more waste management units.
    Wet strength resins (WSR) means polyamide/ epichlorohydrin 
condensates which are used to increase the tensile strength of paper 
products.



Sec. 63.523  Standards for basic liquid resins manufacturers.

    (a) Owners or operators of existing affected BLR sources shall 
operate sources such that the rate of emissions of hazardous air 
pollutants from all process vents, storage tanks, and wastewater systems 
combined shall not exceed 130 pounds per 1 million pounds of BLR 
produced.
    (b) Owners or operators of new or reconstructed affected BLR sources 
shall reduce uncontrolled emissions from the sum of uncontrolled process 
vents, storage tanks, and wastewater systems by 98 percent, or limit the 
total emissions from these emission points to 5,000 pounds per year.
    (1) For process vents, uncontrolled emissions are defined as gaseous 
emission streams past the last recovery device.

[[Page 762]]

    (2) For storage tanks, uncontrolled emissions are defined as 
emissions calculated according to the methodology specified in 
Sec. 63.150(g)(3).
    (3) For wastewater systems, uncontrolled emissions are the total 
amount of HAP discharged to the drain system.
    (c) Owners or operators of existing, new, or reconstructed affected 
BLR sources shall comply with the requirements of subpart H of this part 
to control emissions from equipment leaks.



Sec. 63.524  Standards for wet strength resins manufacturers.

    (a) Owners or operators of existing affected WSR sources shall 
either:
    (1) Limit the total emissions of hazardous air pollutants from all 
process vents, storage tanks, and wastewater systems to 10 pounds per 1 
million pounds of wet strength resins produced; or
    (2) Comply with the requirements of subpart H of this part to 
control emissions from equipment leaks.
    (b) Owners or operators of new or reconstructed affected WSR sources 
shall either:
    (1) Limit the total emissions of hazardous air pollutants from all 
process vents, storage tanks, and wastewater systems to 7 pounds per 1 
million pounds of wet strength resins produced; or
    (2) Comply with the requirements of subpart H of this part to 
control emissions from equipment leaks.



Sec. 63.525  Compliance and performance testing.

    (a) The owner or operator of any existing affected BLR source shall, 
in order to demonstrate initial compliance with the applicable emission 
limit, determine the emission rate from all process vent, storage tank, 
and wastewater system emission points using the methods described below. 
Compliance tests shall be performed under normal operating conditions.
    (1) The owner or operator shall use the EPA Test Methods from 40 CFR 
part 60, appendix A, listed in paragraphs (a)(1) (i) through (iii) of 
this section, to determine emissions from process vents. Testing of 
process vents on equipment operating as part of a continuous process 
will consist of conducting three 1-hour runs. Gas stream volumetric flow 
rates shall be measured every 15 minutes during each 1-hour run. Organic 
HAP or TOC concentration shall be determined from samples collected in 
an integrated sample over the duration of each 1-hour test run, or from 
grab samples collected simultaneously with the flow rate measurements 
(every 15 minutes). If an integrated sample is collected for laboratory 
analysis, the sampling rate shall be adjusted proportionally to reflect 
variations in flow rate. If the flow of gaseous emissions is 
intermittent, determination of emissions from process vents shall be 
performed according to the methods specified in paragraph (e) of this 
section. For process vents with continuous gas streams, the emission 
rate used to determine compliance shall be the average emission rate of 
the 3 test runs. For process vents with intermittent emission streams, 
the calculated emission rate or the emission rate from a single test run 
may be used to determine compliance.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube. A traverse shall be conducted before and after 
each 1-hour sampling period. No traverse is necessary when using Method 
2A or 2D to determine flow rate.
    (ii) Method 2, 2A, 2C or 2D of 40 CFR part 60, appendix A, as 
appropriate, shall be used for the determination of gas stream 
volumetric flow rate. If Method 2 or 2C is used, the velocity 
measurements shall be made at a single point, in conjunction with the 
traverse, to establish an average velocity across the stack.
    (iii) Method 25A and/or Methods 18 and 25A of 40 CFR part 60, 
appendix A, as appropriate, shall be used to determine the concentration 
of HAP in the streams.
    (iv) Initial determination of de minimis status for process vents 
may be made by engineering assessment, as specified in 
Sec. 63.526(a)(1)(iv).
    (2) Emissions from wastewater treatment systems shall be determined 
in accordance with the methods described in 40 CFR part 63, appendix C.

[[Page 763]]

    (3) Emissions from storage tanks shall be calculated in accordance 
with the methods specified in Sec. 63.150(g)(3).
    (b) The owner or operator of any existing affected BLR source shall 
determine a production-based emission rate for each emission point by 
dividing the emission rate of each emission point by the BLR production 
rate of the source. The production rate shall be based on normal 
operations.
    (1) The production-based emission rate for process vents shall be 
calculated by dividing the average emission rate the average production 
rate.
    (2) The production-based emission rate for storage tanks shall be 
calculated by dividing annual emissions for each storage tank emission 
point by the production rate for a one-year period. The production rate 
shall be calculated using the same data used to calculate the 
production-based emission rate in paragraph (b)(1) of this section, 
converted to an annual rate.
    (3) The production-based emission rate for wastewater systems shall 
be calculated by dividing annual emissions for each wastewater system 
emission point by the production rate for one-year period. The 
production rate shall be calculated using the same data used to 
calculate the production-based emission rate in paragraph (b)(1) of this 
section, converted to an annual rate.
    (c) The owner or operator of an existing affected BLR source shall 
calculate the total emissions per product produced by summing the 
production-based emissions for all process vent, storage tank, and 
wastewater system emission points according to the following equation:

E=PV+ST+WW

where:

E=emissions, pounds (lb) HAP per million (MM) lb product;
PV=process vent emissions, lb HAP/MM lb product;
ST=storage tank emissions, lb HAP/MM lb product; and
WW=wastewater system emissions, lb HAP/MM lb product.

    The source is in compliance with the standard for process vents, 
storage tanks, and wastewater systems if the sum of the equation is less 
than the applicable emission limit from Sec. 63.523(a).
    (d) The owner or operator of any new or reconstructed affected BLR 
source shall demonstrate compliance using the methods described in this 
section.
    (1) Any owner or operator who elects to comply with Sec. 63.523(b) 
by achieving 98 percent control of emissions from process vents, storage 
tanks, and wastewater systems shall demonstrate compliance according to 
the requirements of paragraphs (d)(1) (i) through (iv) of this section.
    (i) The owner or operator shall perform testing as specified in 
paragraph (a)(1) of this section to determine controlled and 
uncontrolled emissions from process vents. Sampling points for 
determining uncontrolled emissions shall be located based on the 
definition of uncontrolled process vents in Sec. 63.523(b)(1).
    (ii) The owner or operator shall calculate controlled and 
uncontrolled emissions from storage tanks in accordance with the methods 
specified in Sec. 63.150(g)(3).
    (iii) The owner or operator shall determine controlled and 
uncontrolled emissions from wastewater systems using the methodology of 
40 CFR part 63, appendix C. Uncontrolled emission calculations shall be 
consistent with the definition of uncontrolled wastewater system 
emissions in Sec. 63.523(b)(3).
    (iv) The owner or operator shall calculate the percent reduction in 
emissions from process vents, storage tanks, and wastewater systems 
combined. The affected source is in compliance if the emission reduction 
is greater than or equal to 98 percent.
    (2) Any owner or operator who elects to comply with Sec. 63.523(b) 
by limiting HAP emissions from process vents, storage tanks, and 
wastewater systems to 5,000 pounds per year or less shall demonstrate 
compliance according to the requirements of paragraphs (d)(2) (i) and 
(ii) of this section.
    (i) Emissions from process vents, storage tanks, and wastewater 
systems shall be determined according to paragraphs (a) (1) through (3) 
of this section. Emissions shall be converted to annual emissions. 
Annual emission calculations shall reflect production levels 
representative of normal operating conditions.

[[Page 764]]

    (ii) The owner or operator shall calculate total emissions from all 
process vent, storage tank, and wastewater system emission points. The 
affected source is in compliance with the standard if total emissions 
are less than or equal to 5,000 lb/yr.
    (e) The owner or operator of any existing, new, or reconstructed WSR 
source that chooses to comply with the emission limit for process vents, 
storage tanks, and wastewater systems shall demonstrate initial 
compliance by determining emissions for all process vent, storage tank, 
and wastewater systems emission points using the methods described in 
this section.
    (1) Emissions of HAP reactor process vents shall be calculated for 
each batch emission episode according to the methodologies described in 
paragraph (e)(1) of this section.
    (i) Emissions from vapor displacement due to transfer of material 
into or out of the reactor shall be calculated according to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR08MR95.002

where:

E=mass emission rate;
yi=saturated mole fraction of HAP in the vapor phase;
V=volume of gas displaced from the vessel;
R=ideal gas law constant;
T=temperature of the vessel vapor space; absolute;
PT=pressure of the vessel vapor space; and
MW=molecular weight of the HAP.

    (ii) Emissions from reactor purging shall be calculated using the 
methodology described in paragraph (e)(1)(i) of this section, except 
that for purge flow rates greater than 100 standard cubic feet per 
minute (scfm), the mole fraction of HAP will be assumed to be 25 percent 
of the saturated value.
    (iii) Emissions caused by heating of the reactor vessel shall be 
calculated according to the following methodology:
[GRAPHIC] [TIFF OMITTED] TR08MR95.003

where:

E=mass of HAP vapor displaced from the vessel being heated up;
(Pi)Tn=partial pressure of each HAP in the vessel headspace at 
initial (n=1) and final (n=2) temperature;
Pa1=initial gas pressure in the vessel;
Pa2=final gas pressure; and
MWHAP=the average molecular weight of HAP present in the vessel.

    The moles of gas displaced is represented by:
    [GRAPHIC] [TIFF OMITTED] TR08MR95.004
    
where:

=number of lb-moles of gas displaced;
V=volume of free space in the vessel;
R=ideal gas law constant;
Pa1=initial gas pressure in the vessel;
Pa2=final gas pressure;
T1=initial temperature of vessel; and
T2=final temperature of vessel.

    The initial pressure of the noncondensable gas in the vessel shall 
be calculated according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR08MR95.005

where:

Pa1=initial partial pressure of gas in the vessel headspace;
Patm=atmospheric pressure; and
(Pic)T1=initial partial pressure of each condensable volatile 
organic compound (including HAP) in the vessel headspace, at the initial 
temperature (T1).


[[Page 765]]


    The average molecular weight of HAP in the displaced gas shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR08MR95.006

where n is the number of different HAP compounds in the emission stream.
    (2) Emissions of HAP from process vents may be measured directly. 
The EPA Test Methods listed in paragraph (e)(2) (i) through (iii) of 
this section, from 40 CFR part 60, appendix A, shall be used to 
demonstrate compliance with the requirements of Sec. 63.524 by direct 
measurement. Testing shall be performed for every batch emission episode 
of the unit operation. Gas stream volumetric flow rates shall be 
measured at 15-minute intervals, or at least once during each batch 
emission episode. Organic HAP or TOC concentration shall be determined 
from samples collected in an integrated sample over the duration of each 
episode, or from grab samples collected simultaneously with the flow 
rate measurements (every 15 minutes). If an integrated sample is 
collected for laboratory analysis, the sampling rate shall be adjusted 
proportionally to reflect variations in flow rate. Test conditions shall 
represent the normal operating conditions under which the data used to 
calculate the production rate are taken.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites if the flow measuring 
device is a pitot tube. A traverse shall be conducted before and after 
each sampling period. No traverse is necessary when using Method 2A or 
2D.
    (ii) Method 2,2A, 2C or 2D of 40 CFR part 60, appendix A, as 
appropriate, shall be used for the determination of gas stream 
volumetric flow rate. If Method 2 or 2C is used, the velocity 
measurements shall be made at a single point than can be used, in 
conjunction with the traverse, to establish an average velocity across 
the stack.
    (iii) Method 25A and/or Methods 18 and 25A of 40 CFR part 60, 
appendix A, as appropriate, shall be used to determine the concentration 
of HAP in the streams.
    (iv) The owner or operator may choose to perform tests only during 
those periods of the episode in which the emission rate for the entire 
episode can be determined, or when the emissions are greater than the 
average emission rate of the episode. The owner or operator who chooses 
either of these options must develop an emission profile for the entire 
batch emission episode, based on either process knowledge or test data 
collected, to demonstrate that test periods are representative. Examples 
of information that could constitute process knowledge include 
calculations based on material balances, and process stoichiometry. 
Previous test results may be used provided the results are still 
relevant to the current process vent stream conditions.
    (v) For batch emission episodes of duration greater than 8 hours, 
the owner or operator is required to perform a maximum of 8 hours of 
testing. The test period must include the period of time in which the 
emission rate is predicted by the emission profile to be greater than 
average emission rate for the batch emission episode.
    (f) The owner or operator of any affected WSR source that chooses to 
comply with the emissions limit for process vents, storage tanks, and 
wastewater systems shall calculate emissions from storage tanks in 
accordance with the methods specified in Sec. 63.150(g)(3).
    (g) The owner or operator of any affected WSR source that chooses to 
comply with the emission limit for process vents, storage tanks, and 
wastewater systems shall calculate emissions from wastewater treatment 
systems (if applicable) in accordance with the methods described in 40 
CFR part 63, appendix C.
    (h) The owner or operator of any affected WSR source that chooses to 
comply with the emission limit for process vents, storage tanks, and 
wastewater systems shall calculate the average amount of WSR product 
manufactured per batch, using data from performance tests or from 
emission

[[Page 766]]

calculations, as applicable, to determine the average WSR production 
per-batch production data for an annual period representing normal 
operating conditions.
    (1) The owner or operator shall calculate an average emission rate 
per batch as the average of the results from the performance tests or 
calculations. The production-based emission rate shall be calculated by 
dividing the emissions per batch by the average production per batch.
    (2) Compliance shall be determined according to the methodology 
described in paragraph (c) of this section. The source is in compliance 
with the standard for process vents, storage tanks, and wastewater 
systems if the sum of the equation in paragraph (c) of this section is 
less than the applicable emission limit from Sec. 63.524.
    (i) The owner or operator of any affected BLR source or any affected 
WSR source that chooses to comply with the requirements of subpart H of 
this part must demonstrate the ability of its specific program to meet 
the compliance requirements therein to achieve initial compliance.



Sec. 63.526  Monitoring requirements.

    (a) The owner or operator of any existing, new, or reconstructed 
affected BLR source shall provide evidence of continued compliance with 
the standard. During the initial compliance demonstration, maximum or 
minimum operating parameters, as appropriate, shall be established for 
processes and control devices that will indicate the source is in 
compliance. If the operating parameter to be established is a maximum, 
the value of the parameter shall be the average of the maximum values 
from each of the three test runs. If the operating parameter to be 
established is a minimum, the value of the parameter shall be the 
average of the minimum values from each of the three test runs. 
Parameter values for process vents with intermittent emission streams 
shall be determined as specified in paragraph (b)(1) of this section. 
The owner or operator shall operate processes and control devices within 
these parameters to ensure continued compliance with the standard. A de 
minimis level is specified in paragraph (a)(1) of this section. 
Monitoring parameters are specified for various process vent control 
scenarios in paragraphs (a) (2) through (6) of this section.
    (1) For affected BLR sources, uncontrolled emission points emitting 
less than one pound per year of HAP are not subject to the monitoring 
requirements of paragraphs (a) (2) through (6) of this section. The 
owner or operator shall use the methods specified in Sec. 63.525(a), as 
applicable, or as specified in paragraph (a)(1)(i) of this section, to 
demonstrate which emission points satisfy the de minimis criteria, to 
the satisfaction of the Administrator.
    (i) For the purpose of determining de minimis status for emission 
points, engineering assessment may be used to determine process vent 
stream flow rate and/or concentration for the representative operating 
conditions expected to yield the highest flow rate and concentration. 
Engineering assessment includes, but is not limited to, the following:
    (A) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (B) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (C) Maximum flow rate, HAP emission rate, concentration, or other 
relevant parameter specified or implied within a permit limit applicable 
to the process vent.
    (D) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (1) Use of material balances based on process stoichiometry to 
estimate maximum organic HAP concentrations,
    (2) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities,
    (3) Estimation of HAP concentrations based on saturation conditions.
    (ii) All data, assumptions, and procedures used in the engineering 
assessment shall be documented in accordance with Sec. 63.527(c).
    (2) For affected sources using water scrubbers, the owner or 
operator shall

[[Page 767]]

establish a minimum scrubber water flow rate as a site-specific 
operating parameter which must be measured and recorded every 15 
minutes. The affected source will be considered to be out of compliance 
if the scrubber water flow rate, averaged over any continuous 24-hour 
period, is below the minimum value established during the initial 
compliance demonstration.
    (3) For affected sources using condensers, the owner or operator 
shall establish the maximum condenser outlet gas temperature as a site-
specific operating parameter which must be measured and recorded every 
15 minutes. The affected source will be considered to be out of 
compliance if the condenser outlet gas temperature, averaged over any 
continuous 24-hour period, is greater than the maximum value established 
during the initial compliance demonstration.
    (4) For affected sources using carbon adsorbers or having 
uncontrolled process vents, the owner or operator shall establish a 
maximum outlet HAP concentration as the site-specific operating 
parameter which must be measured and recorded every 15 minutes. The 
affected source will be considered to be out of compliance if the outlet 
HAP concentration, averaged over any continuous 24-hour period, is 
greater than the maximum value established during the initial compliance 
demonstration.
    (5) For affected sources using flares, the presence of the pilot 
flame shall be monitored every 15 minutes. The affected source will be 
considered to be out of compliance upon loss of pilot flame.
    (6) Wastewater system parameters to be monitored are the parameters 
specified under 40 CFR part 414, subpart E. The affected source will be 
considered to be out of compliance with this subpart W if it is found to 
be out of compliance with 40 CFR part 414, subpart E.
    (b) The owner or operator of any existing, new, or reconstructed 
affected WSR source that chooses to comply with the emission limit for 
process vents, storage tanks, and wastewater systems shall provide 
evidence of continued compliance with the standard. As part of the 
initial compliance demonstrations for batch process vents, test data or 
compliance calculations shall be used to establish a maximum or minimum 
level of a relevant operating parameter for each unit operation. The 
parameter value for each unit operation shall represent the worst case 
value of the operating parameter from all episodes in the unit 
operation. The owner or operator shall operate processes and control 
devices within these parameters to ensure continued compliance with the 
standard.
    (1) For batch process vents, the level shall be established in 
accordance with paragraphs (b)(1) (i) through (iv) of this section if 
compliance testing is performed.
    (i) If testing is used to demonstrate initial compliance, the 
appropriate parameter shall be monitored during all batch emission 
episodes in the unit operation.
    (ii) An average monitored parameter value shall be determined for 
each of the batch emission episodes in the unit operation.
    (iii) If the level to be established for the unit operation is a 
maximum operating parameter, the level shall be defined as the minimum 
of the average parameter values determined in paragraph (b)(1)(ii) of 
this section.
    (iv) If the level to be established for the unit operation is a 
minimum operating parameter, the level shall be defined as the maximum 
of the average parameter values determined in paragraph (b)(1)(ii) of 
this section.
    (2) Affected sources with condensers on process vents shall 
establish the maximum condenser outlet gas temperature as a site-
specific operating parameter, which must be measured every 15 minutes, 
or at least once for batch emission episodes less than 15 minutes in 
duration. The affected source will be considered to be out of compliance 
if the maximum condenser outlet gas temperature, averaged over the 
duration of the batch emission episode or unit operation, is greater 
than the value established during the initial compliance demonstration.
    (3) For affected sources using water scrubbers, the owner or 
operator shall establish a minimum scrubber water flow rate as a site-
specific operating parameter which must be measured and recorded every 
15 minutes, or at

[[Page 768]]

least once for batch emission episodes less than 15 minutes in duration. 
The affected source will be considered to be out of compliance if the 
scrubber water flow rate, averaged over the duration of the batch 
emission episode or unit operation, is below the minimum flow rate 
established during the initial compliance demonstration.
    (4) For affected sources using carbon adsorbers or having 
uncontrolled process vents, the owner or operator shall establish a 
maximum outlet HAP concentration as the site-specific operating 
parameter which must be measured and recorded every 15 minutes, or at 
least once for batch emission episodes of duration shorter than 15 
minutes. The affected source will be considered to be out of compliance 
if the outlet HAP concentration, averaged over the duration of the batch 
emission episode or unit operation, is greater than the value 
established during the initial compliance demonstration.
    (5) For affected sources using flares, the presence of the pilot 
flame shall be monitored every 15 minutes, or at least once for batch 
emission episodes less than 15 minutes in duration. The affected source 
will be considered to be out of compliance upon loss of pilot flame.
    (6) Wastewater system parameters to be monitored are the parameters 
specified by 40 CFR part 414, subpart E. The affected source will be 
considered to be out of compliance with this subpart W if it is found to 
be out of compliance with 40 CFR part 414, subpart E.
    (c) Periods of time when monitoring measurements exceed the 
parameter values do not constitute a violation if they occur during a 
startup, shutdown, or malfunction, and the facility follows its startup, 
shutdown, and malfunction plan.
    (d) The owner or operator of any affected WSR source that chooses to 
comply with the requirements of subpart H of this part shall meet the 
monitoring requirements of subpart H of this part.



Sec. 63.527  Recordkeeping requirements.

    (a) The owner or operator of any affected BLR source shall keep 
records of daily average values of equipment operating parameters 
specified to be monitored under Sec. 63.526(a) or specified by the 
Administrator. Records shall be kept in accordance with the requirements 
of applicable paragraphs of Sec. 63.10 of subpart A of this part, as 
specified in the General Provisions applicability table of this subpart. 
The owner or operator shall keep records up-to-date and readily 
accessible.
    (1) A daily (24-hour) average shall be calculated as the average of 
all values for a monitored parameter recorded during the operating day. 
The average shall cover a 24-hour period if operation is continuous, or 
the number of hours of operation per operating day if operation is not 
continuous.
    (2) The operating day shall be the period defined in the operating 
permit or the Notification of Compliance Status in Sec. 63.9(h) of 
subpart A of this part. It may be from midnight to midnight or another 
continuous 24-hour period.
    (3) In the event of an excursion, the owner or operator must keep 
records of each 15-minute reading during the period in which the 
excursion occurred.
    (b) The owner or operator of any affected WSR source that elects to 
comply with the emission limit for process vents, storage tanks, and 
wastewater systems shall keep records of values of equipment operating 
parameters specified to be monitored under Sec. 63.526(b) or specified 
by the Administrator. The records that shall be kept are the average 
values of operating parameters, determined for the duration of each unit 
operation. Records shall be kept in accordance with the requirements of 
applicable paragraphs of Sec. 63.10 of subpart A of this part, as 
specified in the General Provisions applicability table in this subpart. 
The owner or operator shall keep records up-to-date and readily 
accessible. In the event of an excursion, the owner or operator must 
keep records of each 15-minute reading for the entire unit operation in 
which the excursion occurred.
    (c) The owner or operator of any affected BLR source, as well the 
owner or operator of any affected WSR source that chooses to comply with 
the emission limit for process vents, storage tanks, and wastewater 
systems, who demonstrates that certain process vents are below the de 
minimis cutoff for continuous monitoring specified in

[[Page 769]]

Sec. 63.526(a)(1)(i), shall maintain up-to-date, readily accessible 
records of the following information to document that a HAP emission 
rate of less than one pound per year is maintained:
    (1) The information used to determine de minimis status for each de 
minimis process vent, as specified in Sec. 63.526(a)(1)(i);
    (2) Any process changes as defined in Sec. 63.115(e) of subpart G of 
this part that increase the HAP emission rate;
    (3) Any recalculation or measurement of the HAP emission rate 
pursuant to Sec. 63.115(e) of subpart G of this part; and
    (4) Whether or not the HAP emission rate increases to one pound per 
year or greater as a result of the process change.
    (d) The owner or operator of any affected BLR source, as well as the 
owner or operator of any affected WSR source who elects to implement the 
leak detection and repair program specified in subpart H of this part, 
shall implement the recordkeeping requirements outlined therein. All 
records shall be retained for a period of 5 years, in accordance with 
the requirements of 40 CFR 63.10(b)(1).
    (e) Any excursion from the required monitoring parameter, unless 
otherwise excused, shall be considered a violation of the emission 
standard.



Sec. 63.528  Reporting requirements.

    (a) The owner or operator of any affected BLR source, as well as the 
owner or operator of any affected WSR source that elects to comply with 
the emission limit for process vents, storage tanks, and wastewater 
systems, shall comply with the reporting requirements of applicable 
paragraphs of Sec. 63.10 of subpart A of this part, as specified in the 
General Provisions applicability table in this subpart. The owner or 
operator shall also submit to the Administrator, as part of the 
quarterly excess emissions and continuous monitoring system performance 
report and summary report required by Sec. 63.10(e)(3) of subpart A of 
this part, the following recorded information.
    (1) Reports of monitoring data, including 15-minute monitoring 
values as well as daily average values or per-unit operation average 
values, as applicable, of monitored parameters for all operating days or 
unit operations when the average values were outside the ranges 
established in the Notification of Compliance Status or operating 
permit.
    (2) Reports of the duration of periods when monitoring data is not 
collected for each excursion caused by insufficient monitoring data. An 
excursion means any of the three cases listed in paragraph (a)(2)(i) or 
(a)(2)(ii) of this section. For a control device where multiple 
parameters are monitored, if one or more of the parameters meets the 
excursion criteria in paragraph (a)(2)(i) or (a)(2)(ii) of this section, 
this is considered a single excursion for the control device.
    (i) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data, as defined in paragraph (a)(2)(iii) of 
this section, for at least 75 percent of the operating hours.
    (ii) When the period of control device operation is less than 4 
hours in an operating day and more than one of the hours during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iii) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (a)(2) (i) and (ii) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour.
    (3) Whenever a process change, as defined in Sec. 63.115(e) of 
subpart G of this part, is made that causes the emission rate from a de 
minimis emission point to become a process vent with an emission rate of 
one pound per year or greater, the owner or operator shall submit a 
report within 180 calendar days after the process change. The report may 
be submitted as part of the next summary report required under 
Sec. 63.10(e)(3) of subpart A of this part. The report shall include:
    (i) A description of the process change; and
    (ii) The results of the recalculation of the emission rate.
    (b) The owner or operator of any affected BLR source, as well as the 
owner or operator of any affected WSR source

[[Page 770]]

who elects to implement the leak detection and repair program specified 
in subpart H of this part, shall implement the reporting requirements 
outlined therein. Copies of all reports shall be retained as records for 
a period of 5 years, in accordance with the requirements of 40 CFR 
63.10(b)(1).
    (c) The owner or operator of any affected BLR source, as well as the 
owner or operator of any affected WSR source that elects to comply with 
the emission limit for process vents, storage tanks, and wastewater 
systems shall include records of wastewater system monitoring parameters 
in the Notification of Compliance Status and summary reports required by 
subpart A of this part.

                       Table 1 to Subpart W--General Provisions Applicability to Subpart W                      
----------------------------------------------------------------------------------------------------------------
                                                  Applies to subpart W                                          
                                 ------------------------------------------------------                         
                                                                       WSR alternative                          
                                                                        standard, and                           
            Reference                                                   BLR equipment            Comment        
                                         BLR               WSR          leak standard                           
                                                                      (40 CFR part 63,                          
                                                                         subpart H)                             
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)................  Yes.............  Yes.............  Yes.............  Additional terms defined
                                                                                         in Sec.  63.522.       
Sec.  63.1(a)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(a)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(a)(4)................  Yes.............  Yes.............  Yes.............  Subpart W specifies     
                                                                                         applicability of each  
                                                                                         paragraph in subpart A 
                                                                                         to subpart W.          
Sec.  63.1(a)(5)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.1(a)(6)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(a)(7)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(a)(8)................  No..............  No..............  No..............  Discusses State         
                                                                                         programs.              
Sec.  63.1(a)(9)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.1(a)(10)...............  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(a)(11)...............  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(a)(12)-(14)..........  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(b)(1)................  No..............  No..............  No..............  Sec.  63.521 of subpart 
                                                                                         W specifies            
                                                                                         applicability.         
Sec.  63.1(b)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(b)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(c)(1)................  Yes.............  Yes.............  Yes.............  Subpart W specifies     
                                                                                         applicability of each  
                                                                                         paragraph in subpart A 
                                                                                         to sources subject to  
                                                                                         subpart W.             
Sec.  63.1(c)(2)................  No..............  No..............  No..............  Area sources are not    
                                                                                         subject to subpart W.  
Sec.  63.1(c)(3)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.1(c)(4)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.1(c)(5)................  Yes.............  Yes.............  No..............  Subpart H specifies     
                                                                                         applicable notification
                                                                                         requirements.          
Sec.  63.1(d)...................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.1(e)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.2......................  Yes.............  Yes.............  Yes.............  Additional terms are    
                                                                                         defined in Sec.  63.522
                                                                                         of subpart W; when     
                                                                                         overlap between        
                                                                                         subparts A and W       
                                                                                         occurs, subpart W takes
                                                                                         precedence.            
Sec.  63.3......................  Yes.............  Yes.............  No..............  Other units used in     
                                                                                         subpart W are defined  
                                                                                         in that subpart; units 
                                                                                         of measure are spelled 
                                                                                         out for subpart H.     
Sec.  63.4(a)(1)-(3)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.4(a)(4)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.4(a)(5)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.4(b)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.4(c)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(a)...................  Yes.............  Yes.............  Yes.............  Except replace the terms
                                                                                         ``source'' and         
                                                                                         ``stationary source''  
                                                                                         in Sec.  63.5(a)(1) of 
                                                                                         subpart A with         
                                                                                         ``affected source''.   
Sec.  63.5(b)(1)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(b)(2)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.5(b)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(b)(4)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(b)(5)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(b)(6)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(c)...................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.5(d)(1)(i).............  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(d)(1)(ii)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(d)(1)(iii)...........  Yes.............  Yes.............  Yes.............                          

[[Page 771]]

                                                                                                                
Sec.  63.5(d)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(d)(3)-(4)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(e)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.5(f)(1)................  Yes.............  Yes.............  Yes.............  Except replace          
                                                                                         ``source'' in Sec.     
                                                                                         63.5(f)(1) of subpart A
                                                                                         with ``affected        
                                                                                         source''.              
Sec.  63.5(f)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(a)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(b)(1)-(2)............  No..............  No..............  No..............  Subpart W specifies     
                                                                                         compliance dates.      
Sec.  63.6(b)(3)-(4)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(b)(5)................  ................  Yes.............  No..............  Subpart H includes      
                                                                                         notification           
                                                                                         requirements.          
Sec.  63.6(b)(6)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.6(b)(7)................  No..............  Yes.............  No..............  Sources subject to      
                                                                                         subpart H must comply  
                                                                                         according to the       
                                                                                         schedule in Sec.       
                                                                                         63.520 of subpart W for
                                                                                         new sources subject to 
                                                                                         subpart H.             
Sec.  63.6(c)(1)-(2)............  Yes.............  Yes.............  Yes.............  Except replace          
                                                                                         ``source'' in Sec.     
                                                                                         63.6(c)(1)-(2) of      
                                                                                         subpart A with         
                                                                                         ``affected source''.   
Sec.  63.6(c)(3)-(4)............  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.6(c)(5)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(d)...................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.6(e)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(f)(1)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(f)(2)(i)-(ii)........  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(f)(2)(iii)...........  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(f)(2)(iv)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(f)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(g)...................  Yes.............  Yes.............  Yes.............  An alternative standard 
                                                                                         has been proposed for  
                                                                                         WSR; however, affected 
                                                                                         sources will have the  
                                                                                         opportunity to         
                                                                                         demonstrate other      
                                                                                         alternatives to the    
                                                                                         Administrator.         
Sec.  63.6(h)...................  No..............  No..............  No..............  Subpart W does not      
                                                                                         contain any opacity or 
                                                                                         visible emissions      
                                                                                         standards.             
Sec.  63.6(i)(1)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(i)(2)................  Yes.............  Yes.............  Yes.............  Except replace          
                                                                                         ``source'' in Sec.     
                                                                                         63.6(2) (i) and (ii) of
                                                                                         subpart A with         
                                                                                         ``affected source''.   
Sec.  63.6(i)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(i)(4)(i).............  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(i)(4)(ii)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(i)(5)-(14)...........  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(i)(15)...............  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.6(i)(16)...............  Yes.............  Yes.............  Yes.............                          
Sec.  63.6(j)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(a)(1)................  Yes.............  Yes.............  No..............  Subpart H specifies     
                                                                                         required testing and   
                                                                                         compliance procedures. 
Sec.  63.7(a)(2)(i)-(vi)........  Yes.............  Yes.............  No..............  Subpart H specifies that
                                                                                         test results must be   
                                                                                         submitted in the       
                                                                                         Notification of        
                                                                                         Compliance Status due  
                                                                                         150 days after the     
                                                                                         compliance date.       
Sec.  63.7(a)(2)(vii)-(viii)....  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.7(a)(2)(ix)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(a)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(b)(1)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(b)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(c)...................  No..............  No..............  No..............                          
Sec.  63.7(d)...................  Yes.............  Yes.............  Yes.............  Except replace          
                                                                                         ``source'' in Sec.     
                                                                                         63.7(d) of subpart A   
                                                                                         with ``affected        
                                                                                         source''.              
Sec.  63.7(e)(1)................  Yes.............  Yes.............  Yes.............  Subpart W also contains 
                                                                                         test methods specific  
                                                                                         to BLR and WSR sources.
Sec.  63.7(e)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(e)(3)................  Yes.............  Yes.............  No..............  Subpart H specifies test
                                                                                         methods and procedures.
Sec.  63.7(f)...................  Yes.............  Yes.............  No..............  Subpart H specifies     
                                                                                         applicable methods and 
                                                                                         provides alternatives. 
Sec.  63.7(g)(1)................  Yes.............  Yes.............  No..............  Subpart H specifies     
                                                                                         performance test       
                                                                                         reporting.             

[[Page 772]]

                                                                                                                
Sec.  63.7(g)(2)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.7(g)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(h)(1)-(2)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(h)(3)(i).............  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(h)(3)(ii)-(iii)......  Yes.............  Yes.............  Yes.............                          
Sec.  63.7(h)(4)-(5)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(a)(1)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(a)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(a)(3)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.8(a)(4)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(b)(1)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(b)(2)................  Yes.............  Yes.............  No..............  Subpart H specifies     
                                                                                         locations to conduct   
                                                                                         monitoring.            
Sec.  63.8(b)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(c)(1)(i).............  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(c)(1)(ii)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(c)(1)(iii)...........  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(c)(2)-(3)............  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(c)(4)-(8)............  No..............  No..............  No..............  Subpart W specifies     
                                                                                         monitoring frequencies.
Sec.  63.8(d)...................  No..............  No..............  No..............                          
Sec.  63.8(e)...................  No..............  No..............  No..............                          
Sec.  63.8(f)(1)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(f)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(f)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(f)(4)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(f)(5)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.8(f)(6)................  Yes.............  Yes.............  No..............                          
Sec.  63.8(g)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(a)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(b)(1)(i)-(ii)........  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(b)(1)(iii)...........  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(b)(2)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(b)(3)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(b)(4)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(b)(5)................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(c)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(d)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(e)...................  No..............  No..............  No..............                          
Sec.  63.9(f)...................  No..............  No..............  No..............                          
Sec.  63.9(g)...................  No..............  No..............  No..............                          
Sec.  63.9(h)(1)-(3)............  Yes.............  Yes.............  No..............  Separate Notification of
                                                                                         Compliance Status      
                                                                                         requirements are       
                                                                                         specified for subpart  
                                                                                         H.                     
Sec.  63.9(h)(4)................  N/A.............  N/A.............  N/A.............  Reserved.               
Sec.  63.9(h)(5)-(6)............  Yes.............  Yes.............  No..............  Subpart H specifies     
                                                                                         Notification of        
                                                                                         Compliance Status      
                                                                                         requirements.          
Sec.  63.9(i)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.9(j)...................  Yes.............  Yes.............  Yes.............                          
Sec.  63.10(a)..................  Yes.............  Yes.............  Yes.............                          
Sec.  63.10(b)(1)...............  Yes.............  Yes.............  Yes.............                          
Sec.  63.10(b)(2)...............  No..............  No..............  No..............  Subparts H and W specify
                                                                                         recordkeeping          
                                                                                         requirements.          
Sec.  63.10(b)(3)...............  Yes.............  Yes.............  Yes.............                          
Sec.  63.10(c)(1)-(6)...........  No..............  No..............  No..............                          
Sec.  63.10(c)(7)-(8)...........  Yes.............  Yes.............  Yes.............                          
Sec.  63.10(c)(9)-(15)..........  No..............  No..............  No..............                          
Sec.  63.10(d)(1)...............  Yes.............  Yes.............  No..............  Subpart H specifies     
                                                                                         performance test       
                                                                                         reporting requirements.
Sec.  63.10(d)(2)...............  Yes.............  Yes.............  No..............  Subpart H specifies     
                                                                                         performance test       
                                                                                         reporting requirements.
Sec.  63.10(d)(3)...............  No..............  No..............  No..............                          
Sec.  63.10(d)(4)...............  Yes.............  Yes.............  Yes.............                          
Sec.  63.10(d)(5)...............  Yes.............  Yes.............  Yes.............                          
Sec.  63.10(e)(1)-(2)...........  No..............  No..............  No..............                          
Sec.  63.10(e)(3)...............  Yes.............  Yes.............  No..............                          

[[Page 773]]

                                                                                                                
Sec.  63.10(e)(4)...............  No..............  No..............  No..............                          
Sec.  63.10(f)..................  Yes.............  Yes.............  Yes.............                          
Sec.  63.11-63.15...............  Yes.............  Yes.............  Yes.............                          
----------------------------------------------------------------------------------------------------------------



Subpart X--National Emission Standards for Hazardous Air Pollutants From 
                         Secondary Lead Smelting

    Source: 60 FR 32594, June 23, 1995, unless otherwise noted.



Sec. 63.541  Applicability.

    (a) The provisions of this subpart apply to the following affected 
sources at all secondary lead smelters: blast, reverberatory, rotary, 
and electric smelting furnaces; refining kettles; agglomerating 
furnaces; dryers; process fugitive sources; and fugitive dust sources. 
The provisions of this subpart do not apply to primary lead smelters, 
lead refiners, or lead remelters.
    (b) Table 1 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
secondary lead smelters subject to this subpart.

         Table 1--General Provisions Applicability to Subpart X         
------------------------------------------------------------------------
                                      Applies to                        
            Reference                 subpart X            Comment      
------------------------------------------------------------------------
63.1.............................  Yes.                                 
63.2.............................  Yes.                                 
63.3.............................  Yes.                                 
63.4.............................  Yes.                                 
63.5.............................  Yes.                                 
63.6 (a), (b), (c), (e), (f),      Yes.                                 
 (g), (i) and (j).                                                      
63.6 (d) and (h).................  No.              No opacity limits in
                                                     rule.              
63.7.............................  Yes.                                 
63.8.............................  Yes.                                 
63.9 (a), (b), (c), (d), (e),      Yes.                                 
 (g), (h)(1-3), (h)(5-6), and (j).                                      
63.9 (f) and (h)(4)..............  No.              No opacity or       
                                                     visible emission   
                                                     limits in subpart  
                                                     X.                 
63.10............................  Yes.                                 
63.11............................  No.              Flares will not be  
                                                     used to comply with
                                                     the emission       
                                                     limits.            
63.12 to 63.15...................  Yes.                                 
------------------------------------------------------------------------

    (c) The owner or operator of any source subject to the provisions of 
this subpart X is subject to title V permitting requirements. These 
affected sources, if not major or located at major sources as defined 
under 40 CFR 70.2, may be deferred by the applicable title V permitting 
authority from title V permitting requirements for 5 years after the 
date on which the EPA first approves a part 70 program (i.e., until 
December 9, 1999). All sources receiving deferrals shall submit title V 
permit applications within 12 months of such date (by December 9, 2000). 
All sources receiving deferrals still must meet compliance schedule as 
stated in Sec. 63.546.

[60 FR 32594, June 23, 1995, as amended at 61 FR 27788, June 3, 1996]



Sec. 63.542  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Agglomerating furnace means a furnace used to melt into a solid mass 
flue dust that is collected from a baghouse.
    Bag leak detection system means systems that include, but are not 
limited to, devices using triboelectric, light scattering, and other 
effects to monitor relative or absolute particulate matter emissions.
    Battery breaking area means the plant location at which lead-acid 
batteries

[[Page 774]]

are broken, crushed, or disassembled and separated into components.
    Blast furnace means a smelting furnace consisting of a vertical 
cylinder atop a crucible, into which lead-bearing charge materials are 
introduced at the top of the furnace and combustion air is introduced 
through tuyeres at the bottom of the cylinder, and that uses coke as a 
fuel source and that is operated at such a temperature in the combustion 
zone (greater than 980  deg.C) that lead compounds are chemically 
reduced to elemental lead metal.
    Blast furnace charging location means the physical opening through 
which raw materials are introduced into a blast furnace.
    Dryer means a chamber that is heated and that is used to remove 
moisture from lead-bearing materials before they are charged to a 
smelting furnace.
    Dryer transition piece means the junction between a dryer and the 
charge hopper or conveyor, or the junction between the dryer and the 
smelting furnace feed chute or hopper located at the ends of the dryer.
    Electric furnace means a smelting furnace consisting of a vessel 
into which reverberatory furnace slag is introduced and that uses 
electrical energy to heat the reverberatory furnace slag to such a 
temperature (greater than 980  deg.C) that lead compounds are reduced to 
elemental lead metal.
    Enclosure hood means a hood that covers a process fugitive emission 
source on the top and on all sides, with openings only for access to 
introduce or remove materials to or from the source and through which an 
induced flow of air is ventilated.
    Fugitive dust source means a stationary source of hazardous air 
pollutant emissions at a secondary lead smelter that is not associated 
with a specific process or process fugitive vent or stack. Fugitive dust 
sources include, but are not limited to, roadways, storage piles, 
materials handling transfer points, materials transport areas, storage 
areas, process areas, and buildings.
    Furnace and refining/casting area means any area of a secondary lead 
smelter in which:
    (1) Smelting furnaces are located; or
    (2) Refining operations occur; or
    (3) Casting operations occur.
    Materials storage and handling area means any area of a secondary 
lead smelter in which lead-bearing materials (including, but not limited 
to, broken battery components, slag, flue dust, and dross) are stored or 
handled between process steps including, but not limited to, areas in 
which materials are stored in piles, bins, or tubs, and areas in which 
material is prepared for charging to a smelting furnace.
    Partial enclosure means a structure that incorporates walls or 
partitions on at least three sides or three-quarters of the 
circumference of an area to screen the material or process equipment 
located therein to prevent the entrainment of particulate matter into 
the air.
    Pavement cleaning means the use of vacuum equipment, water sprays, 
or a combination thereof to remove dust or other accumulated material 
from the paved areas of a secondary lead smelter.
    Plant roadway means any area of a secondary lead smelter that is 
subject to vehicle traffic, including traffic by fork lifts, front-end 
loaders, or vehicles carrying whole batteries or cast lead ingots. 
Excluded from this definition are employee and visitor parking areas, 
provided they are not subject to traffic by vehicles carrying lead-
bearing materials.
    Process fugitive emission source means a source of hazardous air 
pollutant emissions at a secondary lead smelter that is associated with 
lead smelting or refining but is not the primary exhaust stream from a 
smelting furnace and is not a fugitive dust source. Process fugitive 
sources include, but are not limited to, smelting furnace charging 
points, smelting furnace lead and slag taps, refining kettles, 
agglomerating furnaces, and drying kiln transition pieces.
    Refining kettle means an open-top vessel that is constructed of cast 
iron or steel and is indirectly heated from below and contains molten 
lead for the purpose of refining and alloying the lead. Included are pot 
furnaces, receiving kettles, and holding kettles.
    Reverberatory furnace means a refractory-lined furnace that uses one 
or more flames to heat the walls and roof of the furnace and lead-
bearing scrap

[[Page 775]]

to such a temperature (greater than 980  deg.C) that lead compounds are 
chemically reduced to elemental lead metal.
    Rotary furnace (also known as a rotary reverberatory furnace) means 
a furnace consisting of a refractory-lined chamber that rotates about a 
horizontal axis and that uses one or more flames to heat the walls of 
the furnace and lead-bearing scrap to such a temperature (greater than 
980  deg.C) that lead compounds are chemically reduced to elemental lead 
metal.
    Secondary lead smelter means any facility at which lead-bearing 
scrap material, primarily but not limited to lead-acid batteries, is 
recycled into elemental lead by smelting.
    Smelting means the chemical reduction of lead compounds to lead 
metal in high-temperature furnaces including, but not limited to, blast 
furnaces, reverberatory furnaces, rotary furnaces, and electric 
furnaces.
    Total enclosure means a building with a roof and walls or partitions 
on all sides or the entire circumference to shelter the materials and/or 
process equipment located therein to prevent the entrainment of 
particulate matter into the air and with openings only to allow access 
and egress for people and vehicles.
    Vehicle wash means a device for removing dust and other accumulated 
material from the wheels, body, and underside of a vehicle to prevent 
the inadvertent transfer of lead-contaminated material to another area 
of a secondary lead smelter or to public roadways.
    Wet suppression means the use of water, water combined with a 
chemical surfactant, or a chemical binding agent to prevent the 
entrainment of dust into the air from fugitive dust sources.



Sec. 63.543  Standards for process sources.

    (a) No owner or operator of a secondary lead smelter shall discharge 
or cause to be discharged into the atmosphere from any existing, new, or 
reconstructed blast, reverberatory, rotary, or electric smelting furnace 
any gases that contain lead compounds in excess of 2.0 milligrams of 
lead per dry standard cubic meter (0.00087 grains of lead per dry 
standard cubic foot).
    (b) [Reserved]
    (c) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any existing, new, or 
reconstructed blast furnace or reverberatory furnace any gases that 
contain total hydrocarbons in excess of 20 parts per million by volume, 
expressed as propane corrected to 4 percent carbon dioxide, except as 
allowed under paragraphs (c)(1) and (c)(2) of this section.
    (1) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any existing blast 
furnace any gases that contain total hydrocarbons in excess of 360 parts 
per million by volume, expressed as propane corrected to 4 percent 
carbon dioxide, during periods when the reverberatory furnace is not 
operating.
    (2) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any blast furnace that 
commences construction or reconstruction after June 9, 1994, any gases 
that contain total hydrocarbons in excess of 70 parts per million by 
volume, expressed as propane corrected to 4 percent carbon dioxide, 
during periods when the reverberatory furnace is not operating.
    (d) No owner or operator of a secondary lead smelter with only blast 
furnaces shall discharge or cause to be discharged into the atmosphere 
from any existing blast furnace any gases that contain total 
hydrocarbons in excess of 360 parts per million by volume, expressed as 
propane corrected to 4 percent carbon dioxide.
    (e) No owner or operator of a secondary lead smelter with only blast 
furnaces shall discharge or cause to be discharged into the atmosphere 
from any blast furnace that commences construction or reconstruction 
after June 9, 1994, any gases that contain total hydrocarbons in excess 
of 70 parts per million by volume, expressed as propane corrected to 4 
percent carbon dioxide.

[[Page 776]]

    (f) If the owner or operator of a blast furnace or collocated blast 
and reverberatory furnace combines the blast furnace charging process 
fugitive emissions with the blast furnace process emissions and 
discharges them to the atmosphere through a common emission point, then 
compliance with the applicable total hydrocarbon concentration limit 
under paragraph (c) of this section shall be determined downstream from 
the point at which the two emission streams are combined.
    (g) If the owner or operator of a blast furnace or a collocated 
blast and reverberatory furnace does not combine the blast furnace 
charging process fugitive emissions with the blast furnace process 
emissions and discharges such emissions to the atmosphere through 
separate emission points, then the total hydrocarbon emission rate for 
the blast furnace process fugitive emissions shall not be greater than 
0.20 kilograms per hour (0.44 pounds per hour).
    (h) The standards for process sources are summarized in table 2.

                                Table 2--Summary of Standards for Process Sources                               
----------------------------------------------------------------------------------------------------------------
                                           Lead                                                                 
                                        compounds                                                               
                                       (milligrams                                                              
        Furnace configuration            per dry       Total hydrocarbons                  Citation             
                                         standard                                                               
                                          cubic                                                                 
                                          meter)                                                                
----------------------------------------------------------------------------------------------------------------
Collocated reverberatory/blast (when           2.0  20 parts per million by   Sec.  63.543 (a), (c).            
 both furnaces operating).                           volume \1\.                                                
(when reverberatory furnace not                2.0  360 parts per million by  Sec.  63.543 (a), (c)(1).         
 operating).                                         volume \1\ (existing).                                     
                                                    70 parts per million by   Sec.  63.543 (a), (c)(2).         
                                                     volume \1\ (new) \2\.                                      
Blast................................          2.0  360 parts per million by  Sec.  63.543 (a), (d).            
                                                     volume \1\ (existing).                                     
                                                    70 parts per million by   Sec.  63.543(e).                  
                                                     volume \1\ (new) \2\.                                      
                                                    0.20 kilograms per hour   Sec.  63.543(g).                  
                                                     \3\.                                                       
Reverberatory, rotary, and electric..          2.0  None....................  Sec.  63.543(a).                  
----------------------------------------------------------------------------------------------------------------
\1\ Total hydrocarbons emission limits are as propane at 4 percent carbon dioxide to correct for dilution, based
  on a 3-hour average.                                                                                          
\2\ New sources include those furnaces that commence construction or reconstruction after June 9, 1994.         
\3\ Applicable to blast furnace charging process fugitive emissions that are not combined with the blast furnace
  process emissions prior to the point at which compliance with the total hydrocarbons concentration standard is
  determined.                                                                                                   



Sec. 63.544  Standards for process fugitive sources.

    (a) Each owner or operator of a secondary lead smelter shall control 
the process fugitive emission sources listed in paragraphs (a)(1) 
through (a)(6) of this section by complying with either paragraph (b) or 
(c) of this section.
    (1) Smelting furnace and dryer charging hoppers, chutes, and skip 
hoists;
    (2) Smelting furnace lead taps and molds;
    (3) Smelting furnace slag taps and molds;
    (4) Refining kettles;
    (5) Dryer transition pieces; and
    (6) Agglomerating furnace product taps.
    (b) All process fugitive emission sources listed in paragraphs 
(a)(1) through (a)(6) of this section shall be controlled by an 
enclosure hood meeting the requirements of paragraphs (b)(1), (b)(2), or 
(b)(3) of this section except those meeting the requirements of 
paragraph (c) of this section. All enclosure hoods shall be ventilated 
to a control device that shall not discharge to the atmosphere any gases 
that contain lead compounds in excess of 2.0 milligrams of lead per dry 
standard cubic meter (0.00087 grains of lead per dry standard cubic 
foot).
    (1) All process fugitive enclosure hoods except those specified for 
refining kettles and dryer transition pieces shall be ventilated to 
maintain a face velocity of at least 90 meters per minute (300 feet per 
minute) at all hood openings.
    (2) Process fugitive enclosure hoods required for refining kettles 
in paragraph (a) of this section shall be ventilated to maintain a face 
velocity of at least 75 meters per minute (250 feet per minute).

[[Page 777]]

    (3) Process fugitive enclosure hoods required over dryer transition 
pieces in paragraph (a) of this section shall be ventilated to maintain 
a face velocity of at least 110 meters per minute (350 feet per minute).
    (c) All process fugitive emission sources listed in paragraphs 
(a)(1) through (a)(6) of this section except those controlled by hoods 
meeting the requirements of paragraphs (b)(1) through (b)(3) of this 
section shall be located in a total enclosure that is ventilated to 
achieve an air velocity into the enclosure at all doorway openings of 
not less than 75 meters per minute (250 feet per minute). This enclosure 
shall be ventilated to a control device that shall not discharge to the 
atmosphere any gases that contain lead compounds in excess of 2.0 
milligrams of lead per dry standard cubic meter (0.00087 grains per dry 
standard cubic foot).
    (d) All dryer emission vents and agglomerating furnace emission 
vents shall be ventilated to a control device that shall not discharge 
to the atmosphere any gases that contain lead compounds in excess of 2.0 
milligrams of lead per dry standard cubic meter (0.00087 grains per dry 
standard cubic foot).
    (e) The standards for process fugitive sources are summarized in 
table 3.

                           Table 3--Summary of Standards for Process Fugitive Sources                           
----------------------------------------------------------------------------------------------------------------
                                                     Control                                                    
                                                   device lead                                                  
                                                     compound     Enclosed                                      
                                                     emission     hood or                                       
                                                      limit       doorway                                       
             Fugitive emission source              (milligrams      face                   Citation             
                                                     per dry      velocity                                      
                                                     standard     (meters/                                      
                                                      cubic       minute)                                       
                                                      meter)                                                    
----------------------------------------------------------------------------------------------------------------
Control Option I:                                                                                               
    Smelting furnace and dryer charging hoppers,           2.0       \1\ 90  Sec.  63.544(b)                    
     chutes, and skip hoists.                                                                                   
    Smelting furnace lead taps and molds.........          2.0       \1\ 90  Sec.  63.544(b)                    
    Smelting furnace slag taps and molds.........          2.0       \1\ 90  Sec.  63.544(b)                    
    Refining kettles.............................          2.0       \1\ 75  Sec.  63.544(b)                    
    Dryer transition pieces......................          2.0      \1\ 110  Sec.  63.544(b)                    
    Agglomerating furnace process vents and                2.0       \1\ 90  Sec.  63.544(b)                    
     product taps.                                                                                              
Control Option II:                                                                                              
    Enclosed building ventilated to a control              2.0       \2\ 75  Sec.  63.544(c)                    
     device.                                                                                                    
Applicable to Both Control Options:                                                                             
    Dryer and agglomerating furnace emission               2.0  ...........  Sec.  63.544(d)                    
     vents.                                                                                                     
----------------------------------------------------------------------------------------------------------------
\1\ Enclosure hood face velocity applicable to those process fugitive sources not located in an enclosed        
  building ventilated to a control device.                                                                      
\2\ Building doorway air velocity measured at all doorways that are normally open during operations.            



Sec. 63.545  Standards for fugitive dust sources.

    (a) Each owner or operator of a secondary lead smelter shall prepare 
and at all times operate according to a standard operating procedures 
manual that describes in detail the measures that will be put in place 
to control fugitive dust emission sources within the areas of the 
secondary lead smelter listed in paragraphs (a)(1) through (a)(5) of 
this section.
    (1) Plant roadways;
    (2) Battery breaking area;
    (3) Furnace area;
    (4) Refining and casting area; and
    (5) Materials storage and handling area.
    (b) The standard operating procedures manual shall be submitted to 
the Administrator or delegated authority for review and approval.
    (c) The controls specified in the standard operating procedures 
manual shall at a minimum include the requirements of paragraphs (c)(1) 
through (c)(5) of this section.
    (1) Plant roadways--paving of all areas subject to vehicle traffic 
and pavement cleaning twice per day of those areas, except on days when 
natural precipitation makes cleaning unnecessary or when sand or a 
similar material has been spread on plant roadways to provide traction 
on ice or snow.

[[Page 778]]

    (2) Battery breaking area--partial enclosure of storage piles, wet 
suppression applied to storage piles with sufficient frequency and 
quantity to prevent the formation of dust, and pavement cleaning twice 
per day; or total enclosure of the battery breaking area in a structure 
meeting the requirements of 40 CFR 265.1101(a) and (c) and ventilation 
of the enclosure to a control device.
    (3) Furnace area--partial enclosure and pavement cleaning twice per 
day; or total enclosure in a structure meeting the requirements of 40 
CFR 265.1101(a) and (c) and ventilation of the enclosure to a control 
device.
    (4) Refining and casting area--partial enclosure and pavement 
cleaning twice per day; or total enclosure in a structure meeting the 
requirements of 40 CFR 265.1101(a) and (c) and ventilation of the 
enclosure to a control device.
    (5) Materials storage and handling area--partial enclosure of 
storage piles, wet suppression applied to storage piles with sufficient 
frequency and quantity to prevent the formation of dust, vehicle wash at 
each exit from the area, and paving of the area; or total enclosure of 
the area in a structure meeting the requirements of 40 CFR 265.1101(a) 
and (c) and ventilation of the enclosure to a control device and a 
vehicle wash at each exit.
    (d) The standard operating procedures manual shall require that 
daily records be maintained of all wet suppression, pavement cleaning, 
and vehicle washing activities performed to control fugitive dust 
emissions.
    (e) No owner or operator of a secondary lead smelter shall discharge 
or cause to be discharged into the atmosphere from any building or 
enclosure ventilation system any gases that contain lead compounds in 
excess of 2.0 milligrams of lead per dry standard cubic meter (0.00087 
grains of lead per dry standard cubic foot).



Sec. 63.546  Compliance dates.

    (a) Each owner or operator of an existing secondary lead smelter 
shall achieve compliance with the requirements of this subpart no later 
than June 23, 1997.
    (b) Each owner or operator of a secondary lead smelter that 
commences construction or reconstruction after June 9, 1994, shall 
achieve compliance with the requirements of this subpart by June 23, 
1995 or upon startup of operations, whichever is later.



Sec. 63.547  Test methods.

    (a) The following test methods in appendix A of part 60 of this 
chapter in paragraphs (a)(1) through (a)(5) of this section shall be 
used to determine compliance with the emission standards for lead 
compounds under Secs. 63.543(a), 63.544(b), (c), and (d), and 63.545(e):
    (1) Method 1 shall be used to select the sampling port location and 
the number of traverse points.
    (2) Method 2 shall be used to measure volumetric flow rate.
    (3) Method 3 shall be used for gas analysis to determine the dry 
molecular weight of the stack gas.
    (4) Method 4 shall be used to determine moisture content of the 
stack gas.
    (5) Method 12 shall be used to determine compliance with the lead 
compound emission standards. The minimum sample volume shall be 0.85 dry 
standard cubic meters (30 dry standard cubic feet) and the minimum 
sampling time shall be 60 minutes for each run. Three runs shall be 
performed and the average of the three runs shall be used to determine 
compliance.
    (b) The following test methods in appendix A of part 60 listed in 
paragraphs (b)(1) through (b)(5) of this section shall be used, as 
specified, to determine compliance with the emission standards for total 
hydrocarbons under Sec. 63.543(c), (d), (e), and (g):
    (1) Method 1 shall be used to select the sampling port location to 
determine compliance under Sec. 63.543(c), (d), (e), and (g).
    (2) Method 2 shall be used to measure volumetric flow rate to 
determine compliance under Sec. 63.543(g).
    (3) The Single Point Integrated Sampling and Analytical Procedure of 
Method 3B shall be used to measure the carbon dioxide content of the 
stack gases to determine compliance under Sec. 63.543(c), (d), and (e).
    (4) Method 4 shall be used to measure moisture content of the stack 
gases to

[[Page 779]]

determine compliance under Sec. 63.543(c), (d), (e), and (g).
    (5) Method 25A shall be used to measure total hydrocarbon emissions 
to determine compliance under Sec. 63.543(c), (d), (e), and (g). The 
minimum sampling time shall be 1 hour for each run. A minimum of three 
runs shall be performed. A 1-hour average total hydrocarbon 
concentration shall be determined for each run and the average of the 
three 1-hour averages shall be used to determine compliance. The total 
hydrocarbon emissions concentrations for determining compliance under 
Sec. 63.543(c), (d), and (e) shall be expressed as propane and shall be 
corrected to 4 percent carbon dioxide, as described in paragraph (c) of 
this section.
    (c) For the purposes of determining compliance with the emission 
limits under Sec. 63.543(c), (d), and (e), the measured total 
hydrocarbon concentrations shall be corrected to 4 percent carbon 
dioxide as listed in paragraphs (c)(1) through (c)(2) of this section in 
the following manner:
    (1) If the measured percent carbon dioxide is greater than 0.4 
percent in each compliance test, the correction factor shall be 
determined by using the following equation:
[GRAPHIC] [TIFF OMITTED] TR23JN95.015

where:
F=correction factor (no units)
CO2=percent carbon dioxide measured using Method 3B, where the 
measured carbon dioxide is greater than 0.4 percent.
    (2) If the measured percent carbon dioxide is equal to or less than 
0.4 percent, then a correction factor (F) of 10 shall be used.
    (3) The corrected total hydrocarbon concentration shall be 
determined by multiplying the measured total hydrocarbon concentration 
by the correction factor (F) determined for each compliance test.
    (d) Compliance with the face velocity requirements under 
Sec. 63.544(b) and (c) for process fugitive enclosure hoods shall be 
determined by the following test methods in paragraph (d)(1) or (d)(2) 
of this section.
    (1) Owners and operators shall calculate face velocity using the 
procedures in paragraphs (d)(1)(i) through (d)(1)(iv) of this section.
    (i) Method 1 shall be used to select the sampling port location in 
the duct leading from the process fugitive enclosure hood to the control 
device.
    (ii) Method 2 shall be used to measure the volumetric flow rate in 
the duct from the process fugitive enclosure hood to the control device.
    (iii) The face area of the hood shall be determined from measurement 
of the hood. If the hood has access doors, then face area shall be 
determined with the access doors in the fully open position.
    (iv) Face velocity shall be determined by dividing the volumetric 
flow rate determined in paragraph (d)(1)(ii) of this section by the 
total face area for the hood determined in paragraph (d)(1)(iii) of this 
section.
    (2) The face velocity shall be measured directly using the 
procedures in paragraphs (d)(2)(i) through (d)(2)(vi) of this section.
    (i) A propeller anemometer or equivalent device shall be used to 
measure hood face velocity.
    (ii) The propeller of the anemometer shall be made of a material of 
uniform density and shall be properly balanced to optimize performance.
    (iii) When the anemometer is mounted with the propeller shaft in a 
horizontal position, the threshold velocity of the anemometer shall not 
exceed 15 meters per minute (50 feet per minute) as determined by a 
procedure equivalent to that in Method 14 of appendix A of part 60.
    (iv) The measurement range of the anemometer shall extend to at 
least 300 meters per minute (1,000 feet per minute).
    (v) A known relationship shall exist between the anemometer signal 
output and air velocity, and the anemometer must be equipped with a 
suitable readout system.
    (vi) Hood face velocity shall be determined for each hood during 
normal operation with all access doors in the open position and by 
placing the anemometer in the plane of the hood opening.

[[Page 780]]

    (e) Owners and operators shall measure doorway air velocity to 
determine compliance with the doorway velocity requirement for enclosed 
buildings in Sec. 63.544(c) using the procedures in paragraphs (e)(1) 
and (e)(2) of this section.
    (1) Owners and operators shall use a propeller anemometer or 
equivalent device meeting the requirements of paragraphs (d)(2)(ii) 
through (d)(2)(v) of this section.
    (2) Doorway air velocity into the building shall be determined for 
each doorway in the open position during normal operation by placing the 
anemometer in the plane of the doorway opening.



Sec. 63.548  Monitoring requirements.

    (a) Owners and operators of secondary lead smelters shall prepare, 
and at all times operate according to, a standard operating procedures 
manual that describes in detail procedures for inspection, maintenance, 
and bag leak detection and corrective action plans for all baghouses 
(fabric filters) that are used to control process, process fugitive, or 
fugitive dust emissions from any source subject to the lead emission 
standards in Secs. 63.543, 63.544, and 63.545, including those used to 
control emissions from building ventilation. This provision shall not 
apply to process fugitive sources that are controlled by wet scrubbers.
    (b) The standard operating procedures manual for baghouses required 
by paragraph (a) of this section shall be submitted to the Administrator 
or delegated authority for review and approval.
    (c) The procedures specified in the standard operating procedures 
manual for inspections and routine maintenance shall, at a minimum, 
include the requirements of paragraphs (c)(1) through (c)(12) of this 
section.
    (1) Daily monitoring of pressure drop across each baghouse cell.
    (2) Daily visual observation of baghouse discharge or stack.
    (3) Daily visual inspection to ensure that dust is being removed 
from hoppers.
    (4) Daily check of compressed air supply for pulse-jet baghouses.
    (5) Daily visual inspection of isolation dampers for proper 
operation.
    (6) Daily monitoring of cleaning cycle by observing meters or 
control panel instrumentation.
    (7) Weekly visual inspection of bag cleaning mechanisms for proper 
functioning.
    (8) Weekly check of bag tension on reverse air and shaker type 
baghouses.
    (9) Monthly visual inspection of baghouse interior for air leaks.
    (10) Monthly inspection of bags and bag connections.
    (11) Monthly inspection of fans for wear, material buildup, and 
corrosion.
    (12) Continuous operation of a bag leak detection system.
    (d) The procedures specified in the standard operating procedures 
manual for maintenance shall, at a minimum, include a preventative 
maintenance schedule that is consistent with the baghouse manufacturer's 
instructions for routine and long-term maintenance.
    (e) The bag leak detection system required by paragraph (c)(12) of 
this section, shall meet the specifications and requirements of 
paragraphs (e)(1) through (e)(5) of this section.
    (1) The bag leak detection system must be capable of detecting 
particulate matter emissions at concentrations of 1.0 milligram per 
actual cubic meter (0.00044 grains per actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter emissions.
    (3) The bag leak detection system must be equipped with an alarm 
system that will alarm when an increase in particulate emissions is 
detected.
    (4) For negative pressure or induced air baghouses, the bag leak 
detector must be installed downstream of the baghouse and upstream of 
any wet acid gas scrubber. For positive pressure baghouses, a bag leak 
detector must be installed in each baghouse compartment or cell. Where 
multiple detectors are required, the system's instrumentation and alarm 
may be shared among detectors.
    (5) The bag leak detection system shall be installed and operated in 
a manner consistent with available guidance from the U.S. Environmental 
Protection Agency or, in the absence of

[[Page 781]]

such guidance, the manufacturer's written specifications and 
recommendations for installation, operation, and calibration of the 
system. The calibration of the system shall, at a minimum, consist of 
establishing the relative baseline output level by adjusting the 
sensitivity and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time. The system must be fully 
operational at the time of the initial lead compliance test required to 
demonstrate compliance with the applicable lead emission standard under 
Sec. 63.543, 63.544, or 63.545. The owner or operator shall not adjust 
the sensitivity, averaging period, alarm set points, or alarm delay time 
after the initial lead compliance test unless a test is performed to 
demonstrate compliance with the applicable lead emission standard after 
the adjustments are made.
    (f) The standard operating procedures manual required by paragraph 
(a) of this section shall include a corrective action plan that 
specifies the procedures to be followed in the case of a bag leak 
detection system alarm. The corrective action plan shall include, at a 
minimum, the procedures used to determine and record the time and cause 
of the alarm as well as the corrective actions taken to correct the 
control device malfunction or minimize emissions as specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) The procedures used to determine the cause of the alarm must be 
initiated within 30 minutes of the alarm.
    (2) The cause of the alarm must be alleviated by taking the 
necessary corrective action(s) which may include, but not be limited to, 
paragraphs (f)(1)(i) through (f)(2)(vi) of this section.
    (i) Inspecting the baghouse for air leaks, torn or broken filter 
elements, or any other malfunction that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media, or otherwise 
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.
    (g) The owner or operator of a secondary lead smelter that uses a 
wet scrubber to control particulate matter and metal hazardous air 
pollutant emissions from a process fugitive source shall monitor and 
record the pressure drop and water flow rate of the wet scrubber during 
the initial test to demonstrate compliance with the lead emission limit 
under Sec. 63.544(d). Thereafter, the owner or operator shall monitor 
and record the pressure drop and water flow rate at least once every 
hour and shall maintain the pressure drop and water flow rate no lower 
than 30 percent below the pressure drop and water flow rate measured 
during the initial compliance test.
    (h) The owner or operator of a blast furnace or collocated 
reverberatory and blast furnace subject to the total hydrocarbon 
standards in Sec. 63.543(c), (d), or (e), must comply with the 
requirements of either paragraph (h)(1) or (h)(2) of this section, to 
demonstrate continuous compliance with the total hydrocarbon emission 
standards.
    (1) Continuous temperature monitoring. (i) The owner or operator of 
a blast furnace or a collocated reverberatory furnace and blast furnace 
subject to the total hydrocarbon emission standards in Sec. 63.543(c), 
(d), or (e) shall install, calibrate, maintain, and continuously operate 
a device to monitor and record the temperature of the afterburner or the 
combined blast furnace and reverberatory furnace exhaust streams 
consistent with the requirements for continuous monitoring systems in 
subpart A, General Provisions.
    (ii) The owner or operator of a blast furnace or a collocated 
reverberatory furnace and blast furnace subject to the total hydrocarbon 
emission standards shall monitor and record the temperature of the 
afterburner or the combined blast furnace and reverberatory furnace 
exhaust streams every 15 minutes during the total hydrocarbon compliance 
test and determine an arithmetic average for the recorded temperature 
measurements.

[[Page 782]]

    (iii) To remain in compliance with the standards for total 
hydrocarbons, the owner or operator must maintain an afterburner or 
combined exhaust temperature such that the average temperature in any 3-
hour period does not fall more than 28  deg.C (50  deg.F) below the 
average established in paragraph (h)(1)(ii) of this section. An average 
temperature in any 3-hour period that falls more than 28  deg.C (50 
deg.F) below the average established in paragraph (h)(1)(ii) of this 
section, shall constitute a violation of the applicable emission 
standard for total hydrocarbons under Sec. 63.543(c), (d), or (e).
    (2) Continuous monitoring of total hydrocarbon emissions. (i) The 
owner or operator of a secondary lead smelter shall install, operate, 
and maintain a total hydrocarbon continuous monitoring system and comply 
with all of the requirements for continuous monitoring systems found in 
subpart A, General Provisions.
    (ii) Allowing the 3-hour average total hydrocarbon concentration to 
exceed the applicable total hydrocarbon emission limit under Sec. 63.543 
shall constitute a violation of the applicable emission standard for 
total hydrocarbons under Sec. 63.543(c), (d), or (e).



Sec. 63.549  Notification requirements.

    (a) The owner or operator of a secondary lead smelter shall comply 
with all of the notification requirements of Sec. 63.9 of subpart A, 
General Provisions.
    (b) The owner or operator of a secondary lead smelter shall submit 
the fugitive dust control standard operating procedures manual required 
under Sec. 63.545(a) and the standard operating procedures manual for 
baghouses required under Sec. 63.548(a) to the Administrator or 
delegated authority along with a notification that the smelter is 
seeking review and approval of the these plans and procedures. Owners or 
operators of existing secondary lead smelters shall submit this 
notification no later than December 23, 1996. The owner or operator of a 
secondary lead smelter that commences construction or reconstruction 
after June 9, 1994, shall submit this notification no later than 180 
days before startup of the constructed or reconstructed secondary lead 
smelter, but no sooner than June 23, 1995.



Sec. 63.550  Recordkeeping and reporting requirements.

    (a) Each owner or operator of a secondary lead smelter shall 
maintain for a period of 5 years, records of the information listed in 
paragraphs (a)(1) through (a)(8) of this section.
    (1) The results of initial and subsequent compliance tests for lead 
compounds and total hydrocarbons.
    (2) An identification of the date and time of all bag leak detection 
system alarms, their cause, and an explanation of the corrective actions 
taken.
    (3) If an owner or operator chooses to demonstrate continuous 
compliance with the total hydrocarbon emission standards under 
Sec. 63.543(c), (d), or (e) by employing the method allowed in 
Sec. 63.548(h)(1), the records shall include the output from the 
continuous temperature monitor, an identification of periods when the 3-
hour average temperature fell below the minimum established under 
Sec. 63.548(h)(1), and an explanation of the corrective actions taken.
    (4) If an owner or operator chooses to demonstrate continuous 
compliance with the total hydrocarbon emission standard under 
Sec. 63.543(c), (d), or (e) by employing the method allowed in 
Sec. 63.548(h)(2), the records shall include the output from the total 
hydrocarbon continuous monitoring system, an identification of the 
periods when the 3-hour average total hydrocarbon concentration exceeded 
the applicable standard and an explanation of the corrective actions 
taken.
    (5) Records of maintenance, calibration, or other procedures 
required by this rule for any monitoring system used to demonstrate 
compliance with an applicable requirement.
    (6) Any recordkeeping required as part of the practices described in 
the standard operating procedures manual required under Sec. 63.545(a) 
for the control of fugitive dust emissions.
    (7) Any recordkeeping required as part of the practices described in 
the standard operating procedures manual for baghouses required under 
Sec. 63.548(a).
    (8) Records of the pressure drop and water flow rate for wet 
scrubbers used

[[Page 783]]

to control metal hazardous air pollutant emissions from process fugitive 
sources.
    (b) The owner or operator of a secondary lead smelter shall comply 
with all of the reporting requirements under Sec. 63.10 of the General 
Provisions. The submittal of reports shall be no less frequent than 
specified under Sec. 63.10(e)(3) of the General Provisions. Once a 
source reports a violation of the standard or excess emissions, the 
source shall follow the reporting format required under Sec. 63.10(e)(3) 
until a request to reduce reporting frequency is approved.
    (c) The reports required under paragraph (b) of this section shall 
include the information specified in paragraphs (c)(1) through (c)(6) of 
this section.
    (1) The report shall include records of all alarms from the bag leak 
detection system specified in Sec. 63.548(e).
    (2) The report shall include a description of the procedures taken 
following each bag leak detection system alarm pursuant to 
Sec. 63.548(f)(1) and (2).
    (3) The report shall include the information specified in either 
paragraph (c)(3)(i) or (c)(3)(ii) of this section, consistent with the 
monitoring option selected under Sec. 63.548(h).
    (i) A record of the temperature monitor output, in 3-hour block 
averages, for those periods when the temperature monitored pursuant to 
Sec. 63.548(h)(1) fell below the level established in Sec. 63.548(h)(1).
    (ii) A record of the total hydrocarbon concentration, in 3-hour 
block averages, for those periods when the total hydrocarbon 
concentration being monitored pursuant to Sec. 63.548(h)(2) exceeds the 
relevant limits established in Sec. 63.543(c), (d), and (e).
    (4) The reports required under paragraph (b) of this section shall 
contain a summary of the records maintained as part of the practices 
described in the standard operating procedures manual for baghouses 
required under Sec. 63.548(a) including an explanation of the periods 
when the procedures were not followed and the corrective actions taken.
    (5) The reports required under paragraph (b) of this section shall 
contain an identification of the periods when the pressure drop and 
water flow rate of wet scrubbers used to control process fugitive 
sources dropped below the levels established in Sec. 63.548(g) and an 
explanation of the corrective actions taken.
    (6) The reports required under paragraph (b) of this section shall 
contain a summary of the fugitive dust control measures performed during 
the required reporting period, including an explanation of the periods 
when the procedures outlined in the standard operating procedures manual 
pursuant to Sec. 63.545(a) were not followed and the corrective actions 
taken. The reports shall not contain copies of the daily records 
required to demonstrate compliance with the requirements of the standard 
operating procedures manuals required under Secs. 63.545(a) and 
63.548(a).



 Subpart Y--National Emission Standards for Marine Tank Vessel Loading 
                               Operations

    Source: 61 FR 48399, Sept. 19, 1995, unless otherwise noted.



Sec. 63.560  Applicability and designation of affected source.

    (a) Maximum achievable control technology (MACT) standards. (1) The 
provisions of this subpart pertaining to the MACT standards in 
Sec. 63.562(b) and (d) of this subpart are applicable to existing and 
new sources with emissions of 10 or 25 tons, as that term is defined in 
Sec. 63.561, except as specified in paragraph (d) of this section, and 
are applicable to new sources with emissions less than 10 and 25 tons, 
as that term is defined in Sec. 63.561, except as specified in paragraph 
(d) of this section.
    (2) Existing sources with emissions less than 10 and 25 tons are not 
subject to the emissions standards in Sec. 63.562(b) and (d).
    (3) The recordkeeping requirements of Sec. 63.567(j)(4) and the 
emission estimation requirements of Sec. 63.565(l) apply to existing 
sources with emissions less than 10 and 25 tons.
    (b) Reasonably available control technology (RACT) standards. (1) 
The provisions of this subpart pertaining to RACT standards in 
Sec. 63.562(c) and (d) of this subpart are applicable to sources with 
throughput of 10 M barrels or 200 M barrels, as that term is defined in

[[Page 784]]

Sec. 63.561, except as specified in paragraph (d) of this section.
    (2) Sources with throughput less than 10 M barrels and 200 M 
barrels, as that term is defined in Sec. 63.561, are not subject to the 
emissions standards in Sec. 63.562(c) and (d).
    (c) General Provisions applicability. Owners or operators of 
affected sources, as that term is defined in Sec. 63.561, of this 
subpart must comply with the requirements of subpart A of this part in 
accordance with the provisions for applicability of subpart A to this 
subpart in Table 1 of this section.
    (d) Exemptions from MACT and RACT standards. (1) This subpart does 
not apply to emissions resulting from marine tank vessel loading 
operations, as that term is defined in Sec. 63.561, of commodities with 
vapor pressures less than 10.3 kilopascals (kPa) (1.5 pounds per square 
inch, absolute) (psia) at standard conditions, 20 deg.C and 760 
millimeters Hg (mm Hg).
    (2) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b)(2), (3) and (4) and to the RACT standards in 
Sec. 63.562(c)(3) and (4) do not apply to marine tank vessel loading 
operations where emissions are reduced by using a vapor balancing 
system, as that term is defined in Sec. 63.561. The provisions 
pertaining to the vapor collection system, ship-to-shore compatibility, 
and vapor tightness of marine tank vessels in Sec. 63.562(b)(1) and 
(c)(2) do apply.
    (3) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b)(2), (3), and (4) do not apply to marine tank vessel 
loading operations that are contiguous with refinery operations at 
sources subject to and complying with subpart CC of this part, National 
Emissions Standards for Organic Hazardous Air Pollutants from Petroleum 
Refineries, except to the extent that any such provisions of this 
subpart are made applicable by subpart CC of this part.
    (4) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b) and (d) do not apply to benzene emissions from marine 
tank vessel loading operations that are subject to and complying with 40 
CFR part 61, subpart BB, National Emissions Standards for Benzene 
Emissions from Benzene Transfer Operations, except that benzene 
emissions or other HAP emissions (i.e., nonbenzene HAP emissions) from 
marine tank vessel loading operations that are not subject to subpart BB 
are subject to the provisions of this subpart.
    (5) The provisions of this subpart pertaining to the MACT standards 
in Sec. 63.562(b) and (d) do not apply to marine tank vessel loading 
operations at loading berths that only transfer liquids containing 
organic HAP as impurities, as that term is defined in Sec. 63.561.
    (6) The provisions of this subpart do not apply to marine tank 
vessel loading operations at existing offshore loading terminals, as 
that term is defined in Sec. 63.561.
    (7) The provisions of this subpart do not apply to ballasting 
operations, as that term is defined in Sec. 63.561.
    (e) Compliance dates--(1) MACT standards compliance dates, except 
the Valdez Marine Terminal (VMT) source. (i) A new or existing source 
with emissions of 10 or 25 tons, except the VMT source, and a new source 
with emissions less than 10 and 25 tons, except the VMT source, that has 
an initial startup date on or before September 20, 1999 shall comply 
with the provisions of this subpart pertaining to the MACT standards in 
Sec. 63.562(b) no later than 4 years after the effective date.
    (ii) A new source with emissions of 10 or 25 tons, except the VMT 
source, and a new source with emissions less than 10 and 25 tons, except 
the VMT source, that has an initial startup date after September 20, 
1999 shall comply with provisions of this subpart pertaining to the MACT 
standards in Sec. 63.562(b) immediately upon startup.
    (iii) A source with emissions less than 10 and 25 tons that 
increases its emissions subsequent to September 20, 1999 such that it 
becomes a source with emissions of 10 or 25 tons shall comply with the 
provisions of this subpart pertaining to the MACT standards in 
Sec. 63.562(b) within 3 years following the exceedance of the threshold 
level.
    (2) RACT standards compliance dates, except the VMT source. (i) A 
source with throughput of 10 M barrels or 200 M barrels, except the VMT 
source, with an initial startup date on or before

[[Page 785]]

September 21, 1998 shall comply with Sec. 63.562(c)(1) no later than 2 
years after the effective date.
    (ii) A source with throughput of 10 M barrels or 200 M barrels, 
except the VMT source, with an initial startup date on or before 
September 21, 1998 shall comply with the provisions of this subpart 
pertaining to the RACT standards in Sec. 63.562(c) other than 
Sec. 63.562(c)(1), no later than 3 years after the effective date.
    (iii) A source with throughput of 10 M barrels or 200 M barrels, 
except the VMT source, with an initial startup date after September 21, 
1998 shall comply with the provisions of this subpart pertaining to the 
RACT standards in Sec. 63.562(c) immediately upon startup.
    (iv) A source with throughput less than 10 M barrels and 200 M 
barrels that increases its throughput subsequent to September 21, 1998 
such that it becomes a source with throughput of 10 M barrels or 200 M 
barrels shall comply with the provisions of this subpart pertaining to 
the RACT standards in Sec. 63.562(c) within 3 years following the 
exceedance of the threshold levels.
    (v) A source with throughput of 10 M barrels or 200 M barrels may 
apply for approval from the Administrator for an extension of the 
compliance date of up to 1 year if it can demonstrate that the 
additional time is necessary for installation of the control device.
    (3) MACT and RACT compliance dates for the VMT source. The VMT 
source, as that term is defined in Sec. 63.561, shall comply with the 
provisions of this subpart pertaining to the MACT and RACT standards in 
Sec. 63.562(d) no later than 30 months after the effective date.

[[Page 786]]



                                         Table 1 of Sec.  63.560.--General Provisions Applicability to Subpart Y                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Applies to affected sources in                                                                               
                Reference                            subpart Y                                                Comment                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
63.1(a)(1)..............................  Yes............................  Additional terms are defined in Sec.  63.561; when overlap between subparts A
                                                                            and Y occurs, subpart Y takes precedence.                                   
63.1(a)(2)..............................  Yes                              .............................................................................
63.1(a)(3)..............................  Yes                              .............................................................................
63.1(a)(4)..............................  Yes............................  Subpart Y clarifies the applicability of each paragraph in subpart A to      
                                                                            sources subject to subpart Y in this table.                                 
.63.1(a)(5).............................  No.............................  Reserved.                                                                    
63.1(a)(6)..............................  Yes                              .............................................................................
63.1(a)(7)..............................  Yes                              .............................................................................
63.1(a)(8)..............................  Yes                              .............................................................................
63.1(a)(9)..............................  No.............................  Reserved.                                                                    
63.1(a)(10).............................  Yes                              .............................................................................
63.1(a)(11).............................  Yes............................  Sec.  63.567(a) also allows report submissions via facsimile and on          
                                                                            electronic media.                                                           
63.1(a)(12).............................  Yes                              .............................................................................
63.1(a)(13).............................  Yes                              .............................................................................
63.1(a)(14).............................  Yes                              .............................................................................
63.1(b)(1)..............................  Yes                              .............................................................................
63.1(b)(2)..............................  Yes                              .............................................................................
63.1(b)(3)..............................  No.............................  Sec.  63.560 specifies applicability.                                        
63.1(c)(1)..............................  Yes............................  Subpart Y clarifies the applicability of each paragraph in subpart A to      
                                                                            sources subject to subpart Y in this table.                                 
63.1(c)(2)..............................  Yes............................  Subpart Y is not applicable to area sources.                                 
63.1(c)(3)..............................  No.............................  Reserved.                                                                    
63.1(c)(4)..............................  Yes                              .............................................................................
63.1(c)(5)..............................  No.............................  Sec.  63.560 specifies applicability.                                        
63.1(d).................................  No.............................  Reserved.                                                                    
63.1(e).................................  Yes                              .............................................................................
63.2....................................  Yes............................  Additional terms are defined in Sec.  63.561; when overlap between subparts A
                                                                            and Y occurs, subpart Y takes precedence.                                   
63.3....................................  Yes............................  Other units used in subpart Y are defined in the text of subpart Y.          
63.4(a)(1)..............................  Yes                              .............................................................................
63.4(a)(2)..............................  Yes                              .............................................................................
63.4(a)(3)..............................  Yes                                                                                                           
63.4(a)(4)..............................  No.............................  Reserved.                                                                    
63.4(a)(5)..............................  Yes                              .............................................................................
63.4(b).................................  Yes                              .............................................................................
63.4(c).................................  Yes                              .............................................................................
63.5(a).................................  Yes                              .............................................................................
63.5(b)(1)(i)...........................  Yes                              .............................................................................
63.5(b)(1)(ii)..........................  No                               .............................................................................
63.5(b)(2)..............................  No.............................  Reserved.                                                                    
63.5(b)(3)..............................  Yes                              .............................................................................
63.5(b)(4)-(5)..........................  No                               .............................................................................
63.5(b)(6)..............................  Yes                              .............................................................................

[[Page 787]]

                                                                                                                                                        
63.5(c).................................  No.............................  Reserved.                                                                    
63.5(d)(1)(i)...........................  No.............................  See Sec.  63.566(b)(2).                                                      
63.5(d)(1)(ii)(A)(H)....................  Yes                              .............................................................................
63.5(d)(1)(ii)(I).......................  No.............................  Reserved.                                                                    
63.5(d)(1)(ii)(J).......................  Yes                              .............................................................................
63.5(d)(1)(iii).........................  Yes                              .............................................................................
63.5(d)(2)-(4)..........................  Yes                              .............................................................................
63.5(e).................................  Yes                              .............................................................................
63.5(f)(1)(i) and (ii)..................  Yes                              .............................................................................
63.5(f)(1)(iii) and (iv)................  No                               .............................................................................
63.5(f)(2)..............................  No.............................  See Sec.  63.566(c).                                                         
63.6(a)(1)..............................  Yes                              .............................................................................
63.6(a)(2)..............................  No.............................  Sec.  63.560 specifies applicability.                                        
63.6(b)(1)-(5)..........................  No.............................  Sec.  63.560(e) specifies compliance dates for sources.                      
63.6(b)(6)..............................  No.............................  Reserved.                                                                    
63.6(b)(7)..............................  No.............................  Sec.  63.560(e) specifies compliance dates for sources.                      
63.6(c)(1)..............................  No.............................  Sec.  63.560(e) specifies compliance dates for sources.                      
63.6(c)(2)..............................  No                               .............................................................................
63.6(c)(3)-(4)..........................  No.............................  Reserved.                                                                    
63.6(c)(5)..............................  No.............................  Sec.  63.560(e) specifies compliance dates for sources.                      
63.6(d).................................  No.............................  Reserved.                                                                    
63.6(e).................................  No.............................  See Sec.  63.562(e).                                                         
63.6(f)(1)..............................  Yes                              .............................................................................
63.6(f)(2)(i)...........................  Yes                              .............................................................................
63.6(f)(2)(ii)..........................  No                               .............................................................................
63.6(f)(2)(iii).........................  Yes                              .............................................................................
63.6(f)(2)(iv)..........................  Yes                              .............................................................................
63.6(f)(2)(v)...........................  No.............................  See Sec.  63.562(e)(1).                                                      
63.6(f)(3)..............................  Yes                              .............................................................................
63.6(g).................................  Yes                              .............................................................................
63.6(h).................................  No.............................  No opacity monitoring is required under subpart Y.                           
63.6(i)(1)-(3)..........................  Yes                              .............................................................................
63.6(i)(4)(i)(A)........................  No                               .............................................................................
63.6(i)(4)(i)(B)........................  Yes                              .............................................................................
63.6(i)(4)(ii)..........................  No                               .............................................................................
63.6(i)(5)-(12).........................  Yes                              .............................................................................
63.6(i)(13).............................  No                               .............................................................................
63.6(i)(14).............................  Yes                              .............................................................................
63.6(i)(15).............................  No.............................  Reserved.                                                                    
63.6(i)(16).............................  Yes                              .............................................................................
63.6(j).................................  Yes                              .............................................................................
63.7(a)(1)..............................  Yes                              .............................................................................
63.7(a)(2)(i)-(iv)......................  No.............................  See Sec.  63.563(b)(1).                                                      
63.7(a)(2)(v)...........................  Yes                              .............................................................................
63.7(a)(2)(vi)..........................  No                               .............................................................................
63.7(a)(2)(vii)-(viii)..................  No.............................  Reserved.                                                                    
63.7(a)(2)(ix)..........................  No                               .............................................................................
63.7(a)(3)..............................  Yes                              .............................................................................
63.7(b).................................  Yes                              .............................................................................
63.7(c)(1)-(2)..........................  Yes............................  The site-specific test plan must be submitted only if requested by the       
                                                                            Administrator.                                                              

[[Page 788]]

                                                                                                                                                        
63.7(c)(3)(i)-(ii)(A)...................  Yes                              .............................................................................
63.7(c)(3)(ii)(B).......................  No.............................  See Sec.  63.565(m)(2).                                                      
63.7(c)(3)(iii).........................  Yes                              .............................................................................
63.7(c)(4)..............................  Yes                              .............................................................................
63.7(d).................................  Yes                              .............................................................................
63.7(e).................................  Yes                              .............................................................................
63.7(f).................................  Yes                              .............................................................................
63.7(g)(1)..............................  Yes                              .............................................................................
63.7(g)(2)..............................  No.............................  Reserved.                                                                    
63.7(g)(3)..............................  Yes                              .............................................................................
63.7(h).................................  Yes                              .............................................................................
63.8(a)(1)-(2)..........................  Yes                              .............................................................................
63.8(a)(3)..............................  No.............................  Reserved.                                                                    
63.8(a)(4)..............................  Yes                              .............................................................................
63.8(b)(1)..............................  Yes                              .............................................................................
63.8(b)(2)..............................  No                               .............................................................................
63.8(b)(3)..............................  Yes                              .............................................................................
63.8(c)(1)(i)...........................  Yes                              .............................................................................
63.8(c)(1)(ii)..........................  No                               .............................................................................
63.8(c)(1)(iii).........................  Yes                              .............................................................................
63.8(c)(2)..............................  Yes                              .............................................................................
63.8(c)(3)..............................  Yes                              .............................................................................
63.8(c)(4)..............................  No.............................  See Sec.  63.564(a)(3).                                                      
63.8(c)(5)..............................  No                               .............................................................................
63.8(c)(6)..............................  Yes............................  See also performance specifications for continuous monitoring systems Sec.   
                                                                            63.564(a)(4).                                                               
63.8(c)(7)(i)(A)-(B)....................  Yes............................  See also Sec.  63.564(a)(5).                                                 
63.8(c)(7)(i)(C)........................  No                               .............................................................................
63.8(c)(7)(ii)..........................  Yes                              .............................................................................
63.8(c)(8)..............................  No.............................  See Sec.  63.564(a)(5).                                                      
63.8(d).................................  No.............................  See Sec.  63.562(e)(2)(iv).                                                  
63.8(e)(1)-(4)..........................  Yes                              .............................................................................
63.8(e)(5)(i)...........................  Yes                              .............................................................................
63.8(e)(5)(ii)..........................  No                               .............................................................................
63.8(f)(1)..............................  Yes                              .............................................................................
63.8(f)(2)(i)-(vii).....................  Yes                              .............................................................................
63.8(f)(2)(viii)........................  No                               .............................................................................
63.8(f)(2)(ix)..........................  Yes                              .............................................................................
63.8(f)(3)-(6)..........................  Yes                              .............................................................................
63.8(g).................................  Yes                              .............................................................................
63.9(a)(1)..............................  Yes                              .............................................................................
63.9(a)(2)..............................  Yes                              .............................................................................
63.9(a)(3)..............................  Yes                              .............................................................................
63.9(a)(4)..............................  Yes                              .............................................................................
63.9(b)(1)(i)...........................  Yes                              .............................................................................

[[Page 789]]

                                                                                                                                                        
63.9(b)(1)(ii)..........................  No.............................  See Sec.  63.567(b)(1)                                                       
63.9(b)(1)(iii).........................  Yes                                                                                                           
63.9(b)(2)..............................  No.............................  See Sec.  63.567(b)(2).                                                      
63.9(b)(3)..............................  No.............................  See Sec.  63.567(b)(3).                                                      
63.9(b)(4)..............................  No.............................  See Sec.  63.567(b)(4).                                                      
63.9(b)(5)..............................  No.............................  See Sec.  63.567(b)(4).                                                      
63.9(c).................................  No.............................  See Sec.  63.567(c).                                                         
63.9(d).................................  No                               .............................................................................
63.9(e).................................  Yes                              .............................................................................
63.9(f).................................  No                               .............................................................................
63.9(g)(1)..............................  Yes                              .............................................................................
63.9(g)(2)..............................  No                               .............................................................................
63.9(g)(3)..............................  Yes                              .............................................................................
63.9(h)(1)-(3)..........................  Yes                              .............................................................................
63.9(h)(4)..............................  No.............................  Reserved.                                                                    
63.9(h)(5)-(6)..........................  Yes                              .............................................................................
63.9(i).................................  Yes                              .............................................................................
63.9(j).................................  Yes                              .............................................................................
63.10(a)................................  Yes                              .............................................................................
63.10(b)(1).............................  Yes                              .............................................................................
63.10(b)(2)(i)..........................  No                               .............................................................................
63.10(b)(2) (ii)-(iii)..................  Yes                              .............................................................................
63.10(b)(2)(iv).........................  No                               .............................................................................
63.10(b)(2)(v)..........................  No                               .............................................................................
63.10(b)(2)(vi)-(xiv)...................  Yes                              .............................................................................
63.10(b)(3).............................  No.............................  See Sec.  63.567(j)(4).                                                      
63.10(c)(1).............................  Yes                              .............................................................................
63.10(c)(2)-(4).........................  No.............................  Reserved.                                                                    
63.10(c)(5).............................  Yes                              .............................................................................
63.10(c)(6).............................  No.............................  See Sec.  63.564(a)(5).                                                      
63.10(c)(7).............................  No                               .............................................................................
63.10(c)(8).............................  Yes                              .............................................................................
63.10(c)(9).............................  No.............................  Reserved.                                                                    
63.10(c)(10)-(13).......................  Yes                                                                                                           
63.10(c)(14)............................  No.............................  See Sec.  63.562(d)(2)(iv).                                                  
63.10(c)(15)............................  No                               .............................................................................
63.10(d)(1)-(2).........................  Yes                              .............................................................................
63.10(d)(3).............................  No.............................  See Sec.  63.567(d).                                                         
63.10(d)(4).............................  Yes                              .............................................................................
63.10(d)(5).............................  No                               .............................................................................
63.(10)(e)(1)...........................  Yes                                                                                                           
63.10(e)(2)(i)..........................  Yes                              .............................................................................
63.10(e)(2)(ii).........................  No                               .............................................................................
63.10(e)(3)(i)-(v)......................  No.............................  See Sec.  63.567(e)                                                          
63.10(e)(3)(vi).........................  Yes                                                                                                           
63.10(e)(3)(vii)-(viii).................  No.............................  See Sec.  63.567(e)                                                          
63.10(e)(4).............................  No                                                                                                            
63.10(f)................................  Yes                                                                                                           
 63.11..................................  Yes                              .............................................................................
63.12-63.15.............................  Yes                              .............................................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 790]]



Sec. 63.561  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act or in subpart A of this part.
    Affected source means a source with emissions of 10 or 25 tons, a 
new source with emissions less than 10 and 25 tons, a new major source 
offshore loading terminal, a source with throughput of 10 M barrels or 
200 M barrels, or the VMT source, that is subject to the emissions 
standards in Sec. 63.562.
    Air pollution control device or control device means a combustion 
device or vapor recovery device.
    Ballasting operations means the introduction of ballast water into a 
cargo tank of a tankship or oceangoing barge.
    Baseline operating parameter means a minimum or maximum value of a 
process parameter, established for a control device during a performance 
test where the control device is meeting the required emissions 
reduction or established as the manufacturer recommended operating 
parameter, that, if achieved by itself or in combination with one or 
more other operating parameters, determines if a control device is 
operating properly.
    Boiler means a device that combusts any fuel and produces steam or 
heats water or any other heat transfer medium. This term includes any 
duct burner that combusts fuel and is part of a combined cycle system.
    Car-seal means a seal that is placed on a device used to change the 
position of a valve (e.g., from open to closed) in such a way that the 
position of the valve cannot be changed without breaking the seal.
    Combustion device means all equipment, including, but not limited 
to, thermal incinerators, catalytic incinerators, flares, boilers, and 
process heaters used for combustion or destruction of organic vapors.
    Commenced means, with respect to construction of an air pollution 
control device, that an owner or operator has undertaken a continuous 
program of construction or that an owner or operator has entered into a 
contractual obligation to undertake and complete, within a reasonable 
time, a continuous program of construction.
    Commodity means a distinct product that a source loads onto marine 
tank vessels.
    Continuous means, with respect to monitoring, reading and recording 
(either in hard copy or computer readable form) of data values measured 
at least once every 15 minutes.
    Crude oil means a naturally occurring mixture consisting 
predominantly of hydrocarbons and/or sulfur, nitrogen, and oxygen 
derivatives of hydrocarbons that is removed from the earth in a liquid 
state or is capable of being so removed.
    Exceedance or Variance means, with respect to parametric monitoring, 
the operating parameter of the air pollution control device that is 
monitored as an indication of proper operation of the control device is 
outside the acceptable range or limits for the baseline parameter given 
in Sec. 63.563(b)(4) through (9).
    Excess emissions means, with respect to emissions monitoring, the 
concentration of the outlet stream of the air pollution control device 
is outside the acceptable range or limits for the baseline concentration 
given in Sec. 63.563(b)(4) through (9).
    Flow indicator means a device that indicates whether gas flow is 
present in a line or vent system.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kPa (4.0 psia) or 
greater, that is used as a fuel for internal combustion engines.
    Impurity means HAP substances that are present in a commodity or 
that are produced in a process coincidentally with the primary product 
or commodity and that are 0.5 percent total HAP by weight or less. An 
impurity does not serve a useful purpose in the production or use of the 
primary product or commodity and is not isolated.
    Leak means a reading of 10,000 parts per million volume (ppmv) or 
greater as methane that is determined using the test methods in Method 
21, appendix A of part 60 of this chapter.
    Lightering or Lightering operation means the offshore transfer of a 
bulk liquid cargo from one marine tank vessel to another vessel.

[[Page 791]]

    Loading berth means the loading arms, pumps, meters, shutoff valves, 
relief valves, and other piping and valves necessary to fill marine tank 
vessels. The loading berth includes those items necessary for an 
offshore loading terminal.
    Loading cycle means the time period from the beginning of filling a 
single marine tank vessel until commodity flow to the marine tank vessel 
ceases.
    Maintenance allowance means a period of time that an affected source 
is allowed to perform maintenance on the loading berth without 
controlling emissions from marine tank vessel loading operations.
    Marine tank vessel loading operation means any operation under which 
a commodity is bulk loaded onto a marine tank vessel from a terminal, 
which may include the loading of multiple marine tank vessels during one 
loading operation. Marine tank vessel loading operations do not include 
refueling of marine tank vessels.
    Marine vessel or Marine tank vessel means any tank ship or tank 
barge that transports liquid product such as gasoline or crude oil in 
bulk.
    Nonvapor-tight means any marine tank vessel that does not pass the 
required vapor-tightness test.
    Offshore loading terminal means a location that has at least one 
loading berth that is 0.81 km (0.5 miles) or more from the shore that is 
used for mooring a marine tank vessel and loading liquids from shore.
    Primary fuel means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation of the device without the addition of other fuels.
    Process heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubes, including all fluids except 
water that are heated to produce steam.
    Recovery device means an individual unit of equipment, including, 
but not limited to, a carbon adsorber, condenser/refrigeration unit, or 
absorber that is capable of and used for the purpose of removing vapors 
and recovering liquids or chemicals.
    Routine loading means, with respect to the VMT source, marine tank 
vessel loading operations that occur as part of normal facility 
operation over a loading berth when no loading berths are inoperable due 
to maintenance.
    Secondary fuel means any fuel other than the primary fuel. The 
secondary fuel provides supplementary heat in addition to the heat 
provided by the primary fuel and is generally fired through a burner 
other than the primary burner.
    Source(s) means any location where at least one dock or loading 
berth is bulk loading onto marine tank vessels, except offshore drilling 
platforms and lightering operations.
    Source(s) with emissions less than 10 and 25 tons means major 
source(s) having aggregate actual HAP emissions from marine tank vessel 
loading operations at all loading berths as follows:
    (1) Prior to the compliance date, of less than 9.1 Mg (10 tons) of 
each individual HAP calculated on a 24-month annual average basis after 
September 19, 1997 and less than 22.7 Mg (25 tons) of all HAP combined 
calculated on a 24-month annual average basis after September 19, 1997, 
as determined by emission estimation in Sec. 63.565(l) of this subpart; 
and
    (2) After the compliance date, of less than 9.1 Mg (10 tons) of each 
individual HAP calculated annually after September 20, 1999 and less 
than 22.7 Mg (25 tons) of all HAP combined calculated annually after 
September 20, 1999, as determined by emission estimation in 
Sec. 63.565(l) of this subpart.
    Source(s) with emissions of 10 or 25 tons means major source(s) 
having aggregate actual HAP emissions from marine tank vessels loading 
operations at all loading berths as follows:
    (1) Prior to the compliance date, emissions of 9.1 Mg (10 tons) or 
more of each individual HAP calculated on a 24-month annual average 
basis after September 19, 1997 or of 22.7 Mg (25 tons) or more of all 
HAP combined calculated on a 24-month annual average basis after 
September 19, 1997, as determined by emission estimation in 
Sec. 63.565(l); or
    (2) After the compliance date, emissions of 9.1 Mg (10 tons) or more 
of each individual HAP calculated annually after September 20, 1999 or 
of 22.7 Mg (25 tons) or more of all HAP combined calculated annually 
after September

[[Page 792]]

20, 1999, as determined by emission estimation in Sec. 63.565(l).
    Source(s) with throughput less than 10 M barrels and 200 M barrels 
means source(s) having aggregate loading from marine tank vessel loading 
operations at all loading berths as follows:
    (1) Prior to the compliance date, of less than 1.6 billion liters 
(10 million (M) barrels) of gasoline on a 24-month annual average basis 
and of less than 32 billion liters (200 M barrels) of crude oil on a 24-
month annual average basis after September 19, 1996; and
    (2) After the compliance date, of less than 1.6 billion liters (10 M 
barrels) of gasoline annually and of less than 32 billion liters (200 M 
barrels) of crude oil annually after September 21, 1998.
    Source(s) with throughput of 10 M barrels or 200 M barrels means 
source(s) having aggregate loading from marine tank vessel loading 
operations at all loading berths as follows:
    (1) Prior to the compliance date, of 1.6 billion liters (10 M 
barrels) or more of gasoline on a 24-month annual average basis or of 32 
billion liters (200 M barrels) or more of crude oil on a 24-month annual 
average basis after September 19, 1996; or
    (2) After the compliance date, of 1.6 billion liters (10 M barrels) 
or more of gasoline annually or of 32 billion liters (200 M barrels) or 
more of crude oil annually after September 21, 1998.
    Terminal means all loading berths at any land or sea based 
structure(s) that loads liquids in bulk onto marine tank vessels.
    Twenty-four-month (24-month) annual average basis means annual HAP 
emissions, with respect to MACT standards, or annual loading throughput, 
with respect to RACT standards, from marine tank vessel loading 
operations averaged over a 24-month period.
    Valdez Marine Terminal (VMT) source means the major source that is 
permitted under the Trans-Alaska Pipeline Authorization Act (TAPAA) (43 
U.S.C. Sec. 1651 et seq.). The source is located in Valdez, Alaska in 
Prince William Sound.
    Vapor balancing system means a vapor collection system or piping 
system that is designed to collect organic HAP vapors displaced from 
marine tank vessels during marine tank vessel loading operations and 
that is designed to route the collected organic HAP vapors to the 
storage vessel from which the liquid being loaded originated or to 
compress collected organic HAP vapors and commingle with the raw feed of 
a process unit.
    Vapor collection system means any equipment located at the source, 
i.e., at the terminal, that is not open to the atmosphere, that is 
composed of piping, connections, and flow inducing devices, and that is 
used for containing and transporting vapors displaced during the loading 
of marine tank vessels to a control device or for vapor balancing. This 
does not include the vapor collection system that is part of any marine 
vessel vapor collection manifold system.
    Vapor-tight marine vessel means a marine tank vessel that has 
demonstrated within the preceding 12 months to have no leaks. A marine 
tank vessel loaded at less than atmospheric pressure is assumed to be 
vapor tight for the purpose of this standard.
    Volatile organic compounds or VOC is as defined in 40 CFR 51.100(s) 
of this chapter.



Sec. 63.562  Standards.

    (a) The emissions limitations in paragraphs (b), (c), and (d) of 
this section apply during marine tank vessel loading operations.
    (b) MACT standards, except for the VMT source--(1)(i) Vapor 
collection system of the terminal. The owner or operator of a new source 
with emissions less than 10 and 25 tons and an existing or new source 
with emissions of 10 or 25 tons shall equip each terminal with a vapor 
collection system that is designed to collect HAP vapors displaced from 
marine tank vessels during marine tank vessel loading operations and to 
prevent HAP vapors collected at one loading berth from passing through 
another loading berth to the atmosphere, except for those commodities 
exempted under Sec. 63.560(d).
    (ii) Ship-to-shore compatibility. The owner or operator of a new 
source with emissions less than 10 and 25 tons and an existing or new 
source with emissions of 10 or 25 tons shall limit marine tank vessel 
loading operations to those vessels that are equipped with vapor

[[Page 793]]

collection equipment that is compatible with the terminal's vapor 
collection system, except for those commodities exempted under 
Sec. 63.560(d).
    (iii) Vapor tightness of marine vessels. The owner or operator of a 
new source with emissions less than 10 and 25 tons and an existing or 
new source with emissions of 10 or 25 tons shall limit marine tank 
vessel loading operations to those vessels that are vapor tight and to 
those vessels that are connected to the vapor collection system, except 
for those commodities exempted under Sec. 63.560(d).
    (2) MACT standards for existing sources with emissions of 10 or 25 
tons. The owner or operator of an existing source with emissions of 10 
or 25 tons, except offshore loading terminals and the VMT source, shall 
reduce captured HAP emissions from marine tank vessel loading operations 
by 97 weight-percent, as determined using methods in Sec. 63.565 (d) and 
(l).
    (3) MACT standards for new sources. The owner or operator of a new 
source with emissions less than 10 and 25 tons or a new source with 
emissions of 10 or 25 tons, except offshore loading terminals and the 
VMT source, shall reduce HAP emissions from marine tank vessel loading 
operations by 98 weight-percent, as determined using methods in 
Sec. 63.565 (d) and (l).
    (4) MACT standards for new major source offshore loading terminals. 
The owner or operator of a new major source offshore loading terminal 
shall reduce HAP emissions from marine tank vessel loading operations by 
95 weight-percent, as determined using methods in Sec. 63.565 (d) and 
(l).
    (5) Prevention of carbon adsorber emissions during regeneration. The 
owner or operator of a source subject to paragraph (b)(2), (3), or (4) 
shall prevent HAP emissions from escaping to the atmosphere from the 
regeneration of the carbon bed when using a carbon adsorber to control 
HAP emissions from marine tank vessel loading operations.
    (6) Maintenance allowance for loading berths. The owner or operator 
of a source subject to paragraph (b)(2), (3) or (4), may apply for 
approval to the Administrator for a maintenance allowance for loading 
berths based on a percent of annual throughput or annual marine tank 
vessel loading operation time for commodities not exempted in 
Sec. 63.560(d). The owner or operator shall maintain records for all 
maintenance performed on the air pollution control equipment. The 
Administrator will consider the following in approving the maintenance 
allowance:
    (i) The owner or operator expects to be in violation of the 
emissions standards due to maintenance;
    (ii) Due to conditions beyond the reasonable control of the owner or 
operator, compliance with the emissions standards during maintenance 
would result in unreasonable economic hardship;
    (iii) The economic hardship cannot be justified by the resulting air 
quality benefit;
    (iv) The owner or operator has given due consideration to curtailing 
marine vessel loading operations during maintenance;
    (v) During the maintenance allowance, the owner or operator will 
endeavor to reduce emissions from other loading berths that are 
controlled as well as from the loading berth the owner or operator is 
seeking the maintenance allowance; and
    (vi) During the maintenance allowance, the owner or operator will 
monitor and report emissions from the loading berth to which the 
maintenance allowance applies.
    (c) RACT standards, except the VMT source--(1) Commencement of 
construction. The owner or operator of a source with throughput of 10 M 
barrels or 200 M barrels, except the VMT source, with an initial startup 
date on or before September 21, 1998 shall provide the Agency no later 
than 2 years after the effective date with proof that it has commenced 
construction of its vapor collection system and air pollution control 
device.
    (2)(i) Vapor collection system of the terminal. The owner or 
operator of a source with throughput of 10 M barrels or 200 M barrels 
shall equip each terminal with a vapor collection system that is 
designed to collect VOC vapors displaced from marine tank vessels during 
loading and to prevent VOC vapors collected at one loading berth from 
passing through another loading berth to

[[Page 794]]

the atmosphere, except for those commodities exempted under 
Sec. 63.560(d).
    (ii) Ship-to-shore compatibility. The owner or operator of a source 
with throughput of 10 M barrels or 200 M barrels shall limit marine tank 
vessel loading operations to those vessels that are equipped with vapor 
collection equipment that is compatible with the terminal's vapor 
collection system, except for those commodities exempted under 
Sec. 63.560(d).
    (iii) Vapor tightness of marine vessels. The owner or operator of a 
source with throughput of 10 M barrels or 200 M barrels shall limit 
marine tank vessel loading operations to those vessels that are vapor-
tight and to those vessels that are connected to the vapor collection 
system, except for those commodities exempted under Sec. 63.560(d).
    (3) RACT standard for sources with throughput of 10 M or 200 M 
barrels, except the VMT source. The owner or operator of a source with 
throughput of 10 M barrels or 200 M barrels, except the VMT source, 
shall reduce captured VOC emissions from marine tank vessel loading 
operations by 98 weight-percent when using a combustion device or reduce 
captured VOC emissions by 95 weight-percent when using a recovery 
device, as determined using methods in Sec. 63.565(d) and (l).
    (4) The owner or operator of a source with throughput of 10 M 
barrels or 200 M barrels, except the VMT source, may meet the 
requirements of paragraph (c)(3) by reducing gasoline loading emissions 
to, at most, 1,000 ppmv outlet VOC concentration.
    (5) Prevention of carbon adsorber emissions during regeneration. The 
owner or operator of a source with throughput of 10 M barrels or 200 M 
barrels shall prevent HAP emissions from escaping to the atmosphere from 
the regeneration of the carbon bed when using a carbon adsorber to 
control HAP emissions from marine tank vessel loading operations.
    (6) Maintenance allowance for loading berths. The owner or operator 
of a source with throughput of 10 M barrels or 200 M barrels may apply 
for approval to the Administrator for a maintenance allowance for 
loading berths based on a percent of annual throughput or annual marine 
tank vessel loading operation time for commodities not exempted in 
Sec. 63.560(d). The owner or operator shall maintain records for all 
maintenance performed on the air pollution control equipment. The 
Administrator will consider the following in approving the maintenance 
allowance:
    (i) The owner or operator expects to be in violation of the 
emissions standards due to maintenance;
    (ii) Due to conditions beyond the reasonable control of the owner or 
operator, compliance with the emissions standards during maintenance 
would result in unreasonable economic hardship;
    (iii) The economic hardship cannot be justified by the resulting air 
quality benefit;
    (iv) The owner or operator has given due consideration to curtailing 
marine vessel loading operations during maintenance;
    (v) During the maintenance allowance, the owner or operator will 
endeavor to reduce emissions from other loading berths that are 
controlled as well as from the loading berth the owner or operator is 
seeking the maintenance allowance; and
    (vi) During the maintenance allowance, the owner or operator will 
monitor and report emissions from the loading berth to which the 
maintenance allowance applies.
    (d) MACT and RACT standards for the VMT source--(1)(i) Vapor 
collection system of the terminal. The owner or operator of the VMT 
source shall equip each terminal subject under paragraph (d)(2) with a 
vapor collection system that is designed to collect HAP vapors displaced 
from marine tank vessels during marine tank vessel loading operations 
and to prevent HAP vapors collected at one loading berth from passing 
through another loading berth to the atmosphere, except for those 
commodities exempted under Sec. 63.560(d).
    (ii) Ship-to-shore compatibility. The owner or operator of the VMT 
source shall limit marine tank vessel loading operations at berths 
subject under paragraph (d)(2) of this section to those vessels that are 
equipped with vapor

[[Page 795]]

collection equipment that is compatible with the terminal's vapor 
collection system, except for those commodities exempted under 
Sec. 63.560(d).
    (iii) Vapor tightness of marine vessels. The owner or operator of 
the VMT source shall limit marine tank vessel loading operations at 
berths subject under paragraph (d)(2) of this section to those vessels 
that are vapor-tight and to those vessels that are connected to the 
vapor collection system, except for those commodities exempted under 
Sec. 63.560(d).
    (2) The owner or operator of the VMT source shall reduce captured 
HAP and VOC emissions by 98 weight-percent, as determined using methods 
in Sec. 63.565(d) and (l) for loading berths subject under this 
paragraph according to paragraphs (d)(2)(i), (ii), (iii), and (iv):
    (i) The owner or operator of the VMT source shall equip at least two 
loading berths and any additional berths indicated pursuant to paragraph 
(d)(2)(iii) with a vapor collection system and air pollution control 
device and shall load marine tank vessels over loading berths equipped 
with a vapor collection system and control device to the maximum extent 
practicable. The owner or operator shall equip all loading berths that 
will be used for routine loading after March 19, 1998 with a vapor 
collection system and control device if the annual average daily loading 
rate for all loading berths exceeds the limits in paragraphs 
(d)(2)(i)(A), (B), and (C) of this section.
    (A) For 1995, 1,630,000 barrels per day; and
    (B) For 1996, 1,546,000 barrels per day; and
    (C) For 1997, 1,445,000 barrels per day.
    (ii) Maximum extent practicable means that the total annual average 
daily loading over all loading berths not equipped with a vapor 
collection system and control device shall not exceed the totals in 
paragraphs (d)(2)(ii)(A) and (B):
    (A) Loading allowances for marine tank vessel loading operations at 
loading berths not equipped with control devices. The following maximum 
annual average daily loading rate for routine loading at loading berths 
not equipped with control devices in any of the following years shall 
not exceed:
    (1) For 1998, 275,000 barrels per day;
    (2) For 1999, 205,000 barrels per day;
    (3) For 2000, 118,000 barrels per day;
    (4) For 2001, 39,000 barrels per day; and
    (5) For 2002 and subsequent years, no marine tank vessel loading 
operations shall be performed at berths not equipped with a vapor 
collection system and control device, except as allowed for maintenance 
under paragraph (B).
    (B) Maintenance allowances for loading berths subject under 
paragraph (d)(2)(i). Beginning in the year 2000, the owner or operator 
of the VMT source may have a maximum of 40 calendar days per calendar 
year use of loading berths not equipped with a vapor collection system 
and control device, in accordance with the limits in paragraph 
(d)(2)(ii)(B)(a), (b), or (c), to allow for maintenance of loading 
berths subject to paragraph (d)(2)(i). Beginning in the year 2002, the 
total annual average daily loading of crude oil over all loading berths 
not equipped with a vapor collection system and control device shall not 
exceed the amount stated in paragraph (d)(2)(ii)(B)(b). The 40 days 
allowed for maintenance shall be converted into a compliance measure of 
annual average daily loading over the loading berths not equipped with a 
vapor collection system and control device as follows:
    (1) If the total annual average daily volume of crude oil loaded at 
the facility was greater than or equal to 1,100,000 barrels per day in 
the prior calendar year, the maintenance allowance shall not exceed an 
annual average daily loading of 60,000 barrels per day.
    (2) If the total annual average daily volume of crude oil loaded at 
the facility was less than 1,100,000 barrels per day and greater than or 
equal to 550,000 barrels per day in the prior calendar year, the 
maintenance allowance for the calendar year shall not exceed Qm:
[GRAPHIC] [TIFF OMITTED] TR19SE95.000

Where:

Qm = maintenance allowance, barrels per day

[[Page 796]]

P = prior calendar year's average daily volume of crude oil loaded at 
the facility, barrels per day.

    (3) If the total annual average daily volume of crude oil loaded at 
the facility was less than 550,000 barrels per day in the prior calendar 
year, there shall be no maintenance allowance.
    (iii) If the average daily loading rate for the loading berths not 
equipped with a vapor collection system and control device is greater 
than the combined amounts in any year listed in paragraphs (d)(2)(i)(A), 
(B), and (C) and (d)(2)(ii)(A) and (B), then the owner or operator of 
the VMT source shall equip all loading berths used for routine loading 
with a vapor collection system and control device within 2 years of the 
exceedance except that in an emergency situation the Administrator may, 
instead of requiring controls, approve an alternative plan to reduce 
loading over the unequipped berth(s) to a level which will ensure 
compliance with the applicable limit. Beginning in the year 2002, the 
owner or operator of the VMT source shall equip all uncontrolled loading 
berths used for marine tank vessel loading operations beyond the 
maintenance allowance in paragraph (d)(2)(ii)(B) with a vapor collection 
system and control device.
    (iv) The owner or operator of the VMT source shall develop a program 
to communicate to relevant facility operations and marine transportation 
personnel and engage their active and consistent participation in 
honoring the intent and goal of minimizing loaded volumes over the 
unequipped berths and maximizing the loaded volumes at the berths 
equipped with a vapor collection system and control device to prevent 
exceedance of the load volume limits in paragraphs (d)(2)(ii)(A) and 
(B). This program is to be presented semi-annually during the first year 
of compliance and annually thereafter until the use of unequipped berths 
for routine loading is no longer required.
    (3) The owner or operator of the VMT source shall submit annual 
reports on or before January 31 of each year to the Administrator 
certifying the annual average daily loading rate for the previous 
calendar year. Beginning on January 31, 1996, for the reported year 
1995, the annual report shall specify the annual average daily loading 
rate over all loading berths. Beginning on January 31, 1999, for the 
reported year 1998, the annual report shall specify the annual average 
daily loading rate over all loading berths, over each loading berth 
equipped with a vapor collection system and control device, and over 
each loading berth not equipped with a vapor collection system and 
control device. The annual average daily loading rate under this section 
is calculated as the total amount of crude oil loaded during the 
calendar year divided by 365 days or 366 days, as appropriate.
    (e) Operation and maintenance requirements for air pollution control 
equipment and monitoring equipment for affected sources. At all times, 
including periods of startup, shutdown, and malfunction, owners or 
operators of affected sources shall operate and maintain a source, 
including associated air pollution control equipment, in a manner 
consistent with safety and good air pollution control practices for 
minimizing emissions. Determination of whether acceptable 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, 
review of operation and maintenance records, and inspection of the 
source.
    (1) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards by 
evaluating an owner or operator's conformance with operation and 
maintenance requirements.
    (2) The owner or operator of an affected source shall develop and 
implement a written operation and maintenance plan that describes in 
detail a program of corrective action for varying (i.e., exceeding 
baseline parameters) air pollution control equipment and monitoring 
equipment, based on monitoring requirements in Sec. 63.564, used to 
comply with these emissions standards. The plan shall also identify all 
routine or otherwise predictable continuous monitoring system 
(thermocouples, pressure transducers, continuous emissions monitors 
(CEMS), etc.) variances.

[[Page 797]]

    (i) The plan shall specify procedures (preventive maintenance) to be 
followed to ensure that pollution control equipment and monitoring 
equipment functions properly and variances of the control equipment and 
monitoring equipment are minimal.
    (ii) The plan shall identify all operating parameters to be 
monitored and recorded for the air pollution control device as 
indicators of proper operation and shall establish the frequency at 
which the parameters will be monitored (see Sec. 63.564).
    (iii) Owners or operators of affected sources shall incorporate a 
standardized inspection schedule for each component of the control 
device used to comply with the emissions standards in Sec. 63.562(b), 
(c), and (d). To satisfy the requirements of this paragraph, the owner 
or operator may use the inspection schedule recommended by the vendor of 
the control system or any other technical publication regarding the 
operation of the control system.
    (iv) Owners or operators shall develop and implement a continuous 
monitoring system (CMS) quality control program. The owner or operator 
shall develop and submit to the Administrator for approval upon request 
a site-specific performance evaluation test plan for the CMS performance 
evaluation required in Sec. 63.8(e) of subpart A of this part. Each 
quality control program shall include, at a minimum, a written protocol 
that describes procedures for initial and any subsequent calibration of 
the CMS; determination and adjustment of the calibration drift of the 
CMS; preventive maintenance of the CMS, including spare parts inventory; 
data recording, calculations, and reporting; and accuracy audit 
procedures, including sampling and analysis methods. The owner or 
operation shall maintain records of the procedures that are part of the 
quality control program developed and implemented for CMS.
    (3) Based on the results of the determination made under paragraph 
(e)(2), the Administrator may require that an owner or operator of an 
affected source make changes to the operation and maintenance plan for 
that source. Revisions may be required if the plan:
    (i) Does not address a variance of the air pollution control 
equipment or monitoring equipment that has occurred that increases 
emissions;
    (ii) Fails to provide for operation during a variance of the air 
pollution control equipment or the monitoring equipment in a manner 
consistent with safety and good air pollution control practices; or
    (iii) Does not provide adequate procedures for correcting a variance 
of the air pollution control equipment or monitoring equipment as soon 
as reasonable.
    (4) If the operation and maintenance plan fails to address or 
inadequately addresses a variance event at the time the plan was 
initially developed, the owner or operator shall revise the operation 
and maintenance plan within 45 working days after such an event occurs. 
The revised plan shall include procedures for operating and maintaining 
the air pollution control equipment or monitoring equipment during 
similar variance events and a program for corrective action for such 
events.
    (5) The operation and maintenance plan shall be developed by the 
source's compliance date. The owner or operator shall keep the written 
operation and maintenance plan on record to be made available for 
inspection, upon request, by the Administrator for the life of the 
source. In addition, if the operation and maintenance plan is revised, 
the owner or operator shall keep previous (i.e., superseded) versions of 
the plan on record to be made available for inspection upon request by 
the Administrator for a period of 5 years after each revision to the 
plan.
    (6) To satisfy the requirements of the operation and maintenance 
plan, the owner or operator may use the source's standard operating 
procedures (SOP) manual, an Occupational Safety and Health 
Administration (OSHA) plan, or other existing plans provided the 
alternative plans meet the requirements of this section and are made 
available for inspection when requested by the Administrator.



Sec. 63.563  Compliance and performance testing.

    (a) The following procedures shall be used to determine compliance 
with the

[[Page 798]]

emissions limits under Sec. 63.562(b)(1), (c)(2), and (d)(1):
    (1) Vent stream by-pass requirements for the terminal's vapor 
collection system. (i) In accordance with Sec. 63.562(b)(1)(i), 
(c)(2)(i), and (d)(1)(i), each valve in the terminal's vapor collection 
system that would route displaced vapors to the atmosphere, either 
directly or indirectly, shall be secured closed during marine tank 
vessel loading operations either by using a car-seal or a lock-and-key 
type configuration, or the by-pass line from the valve shall be equipped 
with a flow indicator, except for those valves used for pressure/vacuum 
relief, analyzers, instrumentation devices, sampling, and venting for 
maintenance. Marine tank vessel loading operations shall not be 
performed with open by-pass lines.
    (ii) Repairs shall be made to valves, car-seals, or closure 
mechanisms no later than 15 days after a change in the position of the 
valve or a break in the car-seal or closure mechanism is detected or no 
later than prior to the next marine tank vessel loading operation, 
whichever is later.
    (2) Ship-to-shore compatibility of vapor collection systems. 
Following the date on which the initial performance test is completed, 
marine tank vessel loading operations must be performed only if the 
marine tank vessel's vapor collection equipment is compatible to the 
terminal's vapor collection system; marine tank vessel loading 
operations must be performed only when the marine tank vessel's vapor 
collection equipment is connected to the terminal's vapor collection 
system, as required in Sec. 63.562(b)(1)(ii), (c)(2)(ii), and 
(d)(1)(ii).
    (3) Pressure/vacuum settings for the marine tank vessel's vapor 
collection equipment. During the initial performance test required in 
paragraph (b)(1) of this section, the owner or operator of an affected 
source shall demonstrate compliance with operating pressure requirements 
of 33 CFR 154.814 using the procedures in Sec. 63.565(b).
    (4) Vapor-tightness requirements of the marine vessel. The owner or 
operator of an affected source shall use the procedures in paragraph 
(a)(4)(i), (ii), (iii), or (iv) of this section to ensure that marine 
tank vessels are vapor tight, as required in Sec. 63.562(b)(1)(iii), 
(c)(2)(iii), and (d)(1)(iii).
    (i) Pressure test documentation for determining vapor tightness of 
the marine vessel. The owner or operator of a marine tank vessel, who 
loads commodities containing HAP not determined to be exempt under 
Sec. 63.560(d) at an affected source, shall provide a copy of the vapor-
tightness pressure test documentation described in Sec. 63.567(i) for 
each marine tank vessel prior to loading. The date of the test listed in 
the documentation must be within the preceding 12 months, and the test 
must be conducted in accordance with the procedures in 
Sec. 63.565(c)(1). Following the date on which the initial performance 
test is completed, the affected source must check vapor-tightness 
pressure test documentation for marine tank vessels loaded at positive 
pressure.
    (ii) Leak test documentation for determining vapor tightness of the 
marine vessel. If no documentation of the vapor tightness pressure test 
as described in paragraph (a)(4)(i) of this section is available, the 
owner or operator of a marine tank vessel, who loads commodities 
containing HAP not determined to be exempt under Sec. 63.560(d) at an 
affected source, shall provide the leak test documentation described in 
Sec. 63.567(i) for each marine tank vessel prior to loading. The date of 
the test listed in the documentation must be within the preceding 12 
months, and the test must be conducted in accordance with the procedures 
in Sec. 63.565(c)(2). If the marine tank vessel has failed its most 
recent vapor-tightness leak test at that terminal, the owner or operator 
of the non-vapor-tight marine tank vessel shall provide documentation 
that the leaks detected during the previous vapor-tightness test have 
been repaired and documented with a successful vapor-tightness leak test 
described in Sec. 63.565(c)(2) conducted during loading. If the owner or 
operator of the marine tank vessel can document that repair is 
technically infeasible without cleaning and gas freeing or dry-docking 
the vessel, the owner or operator of the affected source may load the 
marine tank vessel. Following the date on which the initial performance 
test is completed, an affected source must check the

[[Page 799]]

vapor-tightness leak test documentation for marine tank vessels loaded 
at positive pressure.
    (iii) Leak test performed during loading using Method 21 for 
determining vapor tightness of the marine vessel. If no documentation of 
vapor tightness as described in paragraphs (a)(4)(i) or (ii) of this 
section is available, the owner or operator of a marine tank vessel, who 
loads commodities containing HAP not determined to be exempt under 
Sec. 63.560(d) at an affected source, shall perform a leak test of the 
marine tank vessel during marine tank vessel loading operation using the 
procedures described in Sec. 63.565(c)(2).
    (A) If no leak is detected, the owner or operator of a marine tank 
vessel shall complete the documentation described in Sec. 63.567(i) 
prior to departure of the vessel.
    (B) If a leak is detected, the owner or operator of the marine tank 
vessel shall document the vapor-tightness failure for the marine tank 
vessel prior to departure of the vessel. The leaking component shall be 
repaired prior to the next marine tank vessel loading operation at a 
controlled terminal unless the repair is technically infeasible without 
cleaning and gas freeing or dry-docking the vessel. If the owner or 
operator of the vessel provides documentation that repair of such 
equipment is technically infeasible without cleaning and gas freeing or 
dry-docking the vessel, the equipment responsible for the leak will be 
excluded from future Method 21 tests until repairs are effected. A copy 
of this documentation shall be maintained by the owner or operator of 
the affected source. Repair of the equipment responsible for the leak 
shall occur the next time the vessel is cleaned and gas freed or dry-
docked. For repairs that are technically feasible without dry-docking 
the vessel, the owner or operator of the affected source shall not load 
the vessel again unless the marine tank vessel owner or operator can 
document that the equipment responsible for the leak has been repaired.
    (iv) Negative pressure loading. The owner or operator of an affected 
source shall ensure that a marine tank vessel is loaded with the product 
tank below atmospheric pressure (i.e., at negative gauge pressure). The 
pressure shall be measured between the facility's vapor connection and 
its manual isolation valve, and the measured pressure must be below 
atmospheric pressure. Following the date on which the initial 
performance test is completed, marine tank vessel loading operations for 
nonvapor-tight vessels must be performed below atmospheric pressure 
(i.e., at negative gauge pressure) in the product tank.
    (b) Compliance determination for affected sources. The following 
procedures shall be used to determine compliance with the emissions 
limits under Sec. 63.562(b), (c), and (d).
    (1) Initial performance test. An initial performance test shall be 
conducted using the procedures listed in Sec. 63.7 of subpart A of this 
part according to the applicability in Table 1 of Sec. 63.560, the 
procedures listed in this section, and the test methods listed in 
Sec. 63.565. The initial performance test shall be conducted within 180 
days after the compliance date for the specific affected source. During 
this performance test, sources subject to MACT standards under 
Sec. 63.562(b)(2), (3), (4), and (5) and (d)(2) shall determine the 
reduction of HAP emissions, as VOC, for all combustion or recovery 
devices other than flares. Sources subject to RACT standards under 
Sec. 63.562(c)(3), (4), and (5) and (d)(2) shall determine the reduction 
of VOC emissions for all combustion or recovery devices other than 
flares.
    (2) Performance test exemptions. An initial performance test 
required in this section and in Sec. 63.565(d) and the continuous 
monitoring in Sec. 63.564(e) is not required in the following cases:
    (i) When a boiler or process heater with a design heat input 
capacity of 44 Megawatts or less is used to comply with 
Sec. 63.562(b)(2), (3), or (4), (c)(3) or (4), or (d)(2) and the vent 
stream is used as the primary fuel or with the primary fuel;
    (ii) When a boiler or process heater with a design heat input 
capacity of 44 Megawatts or greater is used to comply with 
Sec. 63.562(b)(2), (3) or (4), (c)(3) or (4), or (d)(2); or
    (iii) When a boiler subject to 40 CFR part 266, subpart H, 
``Hazardous Waste Burned in Industrial Furnaces,'' that

[[Page 800]]

has demonstrated 99.99 percent destruction or recovery efficiency is 
used to comply with Sec. 63.562(b)(2), (3), or (4), (c)(3) or (4), or 
(d)(2).
    (3) Operation and maintenance inspections. If the 3-hour or 3-cycle 
block average operating parameters in paragraphs (b)(4) through (9) of 
this section, outside the acceptable operating ranges, are measured and 
recorded, i.e., variances of the pollution control device or monitoring 
equipment, the owner or operator of the affected source shall perform an 
unscheduled inspection of the control device and monitoring equipment 
and review of the parameter monitoring data. The owner or operator of 
the affected source shall perform an inspection and review when total 
parameter variance time for the control device is greater than 10 
percent of the operating time for marine tank vessel loading operations 
on a 30-day, rolling-average basis. The inspection and review shall be 
conducted within 24 hours after passing the allowable variance time of 
10 percent. The inspection checklist from the requirements of 
Sec. 63.562(e)(2)(iii) and the monitoring data from requirements in 
Secs. 63.562(e)(2)(ii) and 63.564 should be used to identify any 
maintenance problems that may be associated with the variance. The 
unscheduled inspection should encompass all components of the control 
device and monitoring equipment that can be inspected while in 
operation. If any maintenance problem is identified during the 
inspection, the owner or operator of the affected source must take 
corrective action (e.g., adjustments to operating controls, etc.) as 
soon as practicable. If no immediate maintenance problems are identified 
from the inspection performed while the equipment is operating, a 
complete inspection in accordance with Sec. 63.562(e)(2) must be 
conducted prior to the next marine tank vessel loading operation and 
corrective action (e.g., replacement of defective parts) must be taken 
as soon as practicable for any maintenance problem identified during the 
complete inspection.
    (4) Combustion device, except flare. During the initial performance 
test required in paragraph (b)(1) of this section, the owner or operator 
shall determine the efficiency of and/or the outlet VOC concentration 
from the combustion device used to comply with Sec. 63.562(b)(2), (3), 
and (4), (c)(3) and (4), and (d)(2) using the test methods in 
Sec. 63.565(d). The owner or operator shall comply with paragraph 
(b)(4)(i) or (ii) of this section.
    (i) Outlet VOC concentration limit for required percent combustion 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline VOC concentration using the procedures described 
in Sec. 63.565(g). Following the date on which the initial performance 
test is completed, the facility shall be operated with a block average 
outlet VOC concentration as determined in Sec. 63.564(e)(1) no more than 
20 percent above the baseline VOC concentration.
    (ii) Baseline temperature for required percent combustion 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline temperature using the procedures described in 
Sec. 63.565(f). Following the date on which the initial performance test 
is completed, the facility shall be operated with the block average 
temperature as determined in Sec. 63.564(e)(2) or (3) no more than 
28 deg.C (50 deg.F) below the baseline temperature.
    (5) Flare. During the initial performance test required in paragraph 
(b)(1) of this section, the owner or operator shall establish that the 
flare used to comply with the emissions standards in Sec. 63.562(b)(2), 
(3), and (4), (c)(3) and (4), and (d)(2) is in compliance with the 
design requirements for flares cited in Sec. 63.565(e). Following the 
date on which the initial determination of compliance is established, 
the facility shall operate with the presence of a pilot flame in the 
flare, as determined in Sec. 63.564(f).
    (6) Carbon adsorber. During the initial performance test required in 
paragraph (b)(1) of this section, the owner or operator shall determine 
the efficiency of and/or the outlet VOC concentration from the recovery 
device used to comply with Sec. 63.562(b)(2), (3), (4), and (5), (c)(3), 
(4), and (5), and (d)(2) using the test methods in Sec. 63.565(d). The 
owner

[[Page 801]]

or operator shall comply with paragraph (b)(6)(i) as well as either 
paragraph (b)(6)(ii) or (iii) of this section. The owner or operator of 
affected sources complying with paragraph (b)(6)(ii)(B) or (C) of this 
section shall conduct a performance test once each year.
    (i) Compliance determination for carbon bed regeneration. Desorbed 
hydrocarbons from regeneration of the off-line carbon bed shall be 
vented to the on-line carbon bed.
    (ii) Baseline parameters for required percent recovery efficiency. 
The owner or operator shall comply with paragraph (b)(6)(ii)(A), (B), or 
(C) of this section.
    (A) Outlet VOC concentration limit for required percent recovery 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline VOC concentration using the procedures described 
in Sec. 63.565(g). Following the date on which the initial performance 
test is completed, the facility shall be operated with a block average 
outlet VOC concentration as determined in Sec. 63.564(g)(1) no more than 
20 percent above the baseline VOC concentration.
    (B) Carbon adsorbers with vacuum regeneration. The owner or operator 
shall establish as operating parameters the baseline regeneration time 
for the vacuum stage of carbon bed regeneration using the procedures 
described in Sec. 63.565(h) and shall establish the baseline vacuum 
pressure (negative gauge pressure) using the procedures described in 
Sec. 63.565(i). Following the date on which the initial performance test 
is completed, the facility shall be operated with block average 
regeneration time of the vacuum stage of carbon bed regeneration as 
determined in Sec. 63.564(g)(2) no more than 20 percent below the 
baseline regeneration time, and the facility shall be operated with the 
block average vacuum pressure (negative gauge pressure) as determined in 
Sec. 63.564(g)(2) no more than 20 percent above the baseline vacuum 
pressure.
    (C) Carbon adsorbers with steam regeneration. The owner or operator 
shall establish as operating parameters the baseline total stream flow 
using the procedures described in Sec. 63.565(j) and a baseline carbon 
bed temperature after cooling of the bed using the procedures in 
Sec. 63.565(f)(2). Following the date on which the initial performance 
test is completed, the facility shall be operated with the total stream 
flow, as determined in Sec. 63.564(g)(3), no more than 20 percent below 
the baseline stream flow and with the carbon bed temperature (measured 
within 15 minutes after completion of the cooling cycle), as determined 
in Sec. 63.564(g)(3), no more than 10 percent or 5.6 deg.C (10 deg.F) 
above the baseline carbon bed temperature, whichever is less stringent.
    (iii) Outlet VOC concentration of 1,000 ppmv for gasoline loading. 
Following the date on which the initial performance test is completed, 
the facility shall operate with a block average outlet VOC concentration 
as determined in Sec. 63.564(g)(1) of no more than 1,200 ppmv VOC.
    (7) Condenser/refrigeration unit. During the initial performance 
test required in paragraph (b)(1) of this section, the owner or operator 
shall determine the efficiency of and/or the outlet VOC concentration 
from the recovery device used to comply with Sec. 63.562(b)(2), (3), and 
(4), (c)(3) and (4), and (d)(2) using the test methods in 
Sec. 63.565(d). The owner or operator shall comply with either paragraph 
(b)(7)(i), (ii), or (iii) of this section.
    (i) VOC outlet concentration limit for required percent recovery 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline VOC concentration using the procedures described 
in Sec. 63.565(g). Following the date on which the initial performance 
test is completed, the facility shall be operated with a block average 
outlet VOC concentration as determined in Sec. 63.564(h)(2) no more than 
20 percent above the baseline VOC concentration.
    (ii) Baseline temperature for required percent recovery efficiency. 
The owner or operator shall establish as an operating parameter the 
baseline temperature using the procedures described in Sec. 63.565(f). 
Following the date on which the initial performance test is completed, 
the facility shall operate with a block average temperature, as 
determined in Sec. 63.564(h)(1), no more than 28 deg.C (50 deg.F) above 
the baseline temperature.

[[Page 802]]

    (iii) Baseline parameters for 1,000 ppmv VOC concentration limit for 
gasoline loading. The owner or operator shall monitor either the outlet 
VOC concentration or the outlet temperature of the unit. For sources 
monitoring temperature, the owner or operator shall establish as an 
operating parameter the baseline temperature using the procedures 
described in Sec. 63.565(f). Following the date on which the initial 
performance test is completed, the facility shall operate with a block 
average outlet VOC concentration, as determined in Sec. 63.564(h)(2), of 
no more than 1,200 ppmv VOC or with a block average temperature, as 
determined in Sec. 63.564(h)(1), no more than 28 deg.C (50 deg.F) above 
the baseline temperature.
    (8) Absorber. During the initial performance test required in 
paragraph (b)(1) of this section, the owner or operator shall determine 
the efficiency of the absorber and/or the outlet VOC concentration from 
the recovery device used to comply with Sec. 63.562(b)(2), (3), and (4), 
(c)(3) and (4), and (d)(2) using the test methods in Sec. 63.565(d). The 
owner or operator shall comply with either paragraph (b)(8)(i) or (ii) 
of this section.
    (i) VOC outlet concentration limit for required percent recovery 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline VOC concentration using the procedures described 
in Sec. 63.565(g). Following the date on which the initial performance 
test is completed, the facility shall be operated with a block average 
outlet VOC concentration as determined in Sec. 63.564(i)(1) no more than 
20 percent above the baseline VOC concentration.
    (ii) Baseline liquid-to-vapor ratio for required percent recovery 
efficiency. The owner or operator shall establish as an operating 
parameter the baseline liquid flow to vapor flow (L/V) ratio using the 
procedures described in Sec. 63.565(k). Following the date on which the 
initial performance test is completed, the facility shall operate with a 
block average L/V ratio, as determined in Sec. 63.564(i)(2), no more 
than 20 percent below the baseline L/V ratio.
    (9) Alternative control devices. For sources complying with 
Sec. 63.562(b)(2), (3), and (4), (c)(3) and (4), and (d)(2) with the use 
of a control technology other than the devices discussed in paragraphs 
(b)(4) through (8) of this section, the owner or operator of an affected 
source shall provide to the Administrator information describing the 
design and operation of the air pollution control system, including 
recommendations for the operating parameter(s) to be monitored to 
indicate proper operation and maintenance of the air pollution control 
system. Based on this information, the Administrator shall determine the 
operating parameter(s) to be established during the performance test. 
During the initial performance test required in paragraph (b)(1) of this 
section, the owner or operator shall determine the efficiency of the air 
pollution control system using the test methods in Sec. 63.565(d). The 
device shall achieve at least the percent destruction efficiency or 
recovery efficiency required under Sec. 63.562(b)(2), (3), and (4), 
(c)(3) and (4), and (d)(2). The owner or operator shall establish the 
operating parameter(s) approved by the Administrator. Following the date 
on which the initial performance test is complete, the facility shall 
operate either above or below a maximum or minimum operating parameter, 
as appropriate.
    (10) Emission estimation. The owner or operator of a source subject 
to Sec. 63.562(b)(2), (3), and (4) shall use the emission estimation 
procedures in Sec. 63.565(l) to calculate HAP emissions.
    (c) Leak detection and repair for vapor collection systems and 
control devices. The following procedures are required for all sources 
subject to Sec. 63.562(b), (c), or (d).
    (1) Annual leak detection and repair for vapor collection systems 
and control devices. The owner or operator of an affected source shall 
inspect and monitor all ductwork and piping and connections to vapor 
collection systems and control devices once each calendar year using 
Method 21.
    (2) Ongoing leak detection and repair for vapor collection systems 
and control devices. If evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method, all ductwork and 
piping and connections to vapor collection systems and control devices 
shall be inspected to the extent

[[Page 803]]

necessary to positively identify the potential leak and any potential 
leaks shall be monitored within 5 days by Method 21. Each detection of a 
leak shall be recorded, and the leak shall be tagged until repaired.
    (3) When a leak is detected, a first effort to repair the vapor 
collection system and control device shall be made within 15 days or 
prior to the next marine tank vessel loading operation, whichever is 
later.



Sec. 63.564  Monitoring requirements.

    (a)(1) The owner or operator of an affected source shall comply with 
the monitoring requirements in Sec. 63.8 of subpart A of this part in 
accordance with the provisions for applicability of subpart A to this 
subpart in Table 1 of Sec. 63.560 and the monitoring requirements in 
this section.
    (2) Each owner or operator of an affected source shall monitor the 
parameters specified in this section. All monitoring equipment shall be 
installed such that representative measurements of emissions or process 
parameters from the source are obtained. For monitoring equipment 
purchased from a vendor, verification of the operational status of the 
monitoring equipment shall include completion of the manufacturer's 
written specifications or recommendations for installation, operation, 
and calibration of the system.
    (3) Except for system breakdowns, out-of-control periods, repairs, 
maintenance periods, calibration checks, and zero (low-level) and high-
level calibration drift adjustments, all continuous parametric 
monitoring systems (CPMS) and CEMS shall be in continuous operation 
while marine tank vessel loading operations are occuring and shall meet 
minimum frequency of operation requirements. Sources monitoring by use 
of CEMS and CPMS shall complete a minimum of one cycle of operation 
(sampling, analyzing, and/or data recording) for each successive 15-
minute period.
    (4) The owner or operator of a CMS installed in accordance with 
these emissions standards shall comply with the performance 
specifications either in performance specification (PS) 8 in 40 CFR part 
60, appendix B for CEMS or in Sec. 63.7(c)(6) of subpart A of this part 
for CPMS.
    (5) A CEMS is out of control when the measured values (i.e., daily 
calibrations, multipoint calibrations, and performance audits) exceed 
the limits specified in either PS 8 or in Sec. 63.8(c)(7) of subpart A 
of this part. The owner or operator of a CEMS that is out of control 
shall submit all information concerning out of control periods, 
including start and end dates and hours and descriptions of corrective 
actions taken, in the excess emissions and continuous monitoring system 
performance report required in Sec. 63.567(e).
    (b) Vapor collection system of terminal. Owners or operators of a 
source complying with Sec. 63.563(a)(1) that uses a vapor collection 
system that contains valves that could divert a vent stream from a 
control device used to comply with the provisions of this subpart shall 
comply with paragraph (b)(1), (2), or (3) of this section.
    (1) Measure and record the vent stream flowrate of each by-pass line 
once every 15 minutes. The owner or operator shall install, calibrate, 
maintain, and operate a flow indicator and data recorder. The flow 
indicator shall be installed immediately downstream of any valve (i.e., 
entrance to by-pass line) that could divert the vent stream from the 
control device to the atmosphere.
    (2) Measure the vent stream flowrate of each by-pass line once every 
15 minutes. The owner or operator shall install, calibrate, maintain, 
and operate a flow indicator with either an audio or visual alarm. The 
flow indicator and alarm shall be installed immediately downstream of 
any valve (i.e., entrance to by-pass line) that could divert the vent 
stream from the control device to the atmosphere. The alarm shall be 
checked every 6 months to demonstrate that it is functioning properly.
    (3) Visually inspect the seal or closure mechanism once during each 
marine tank vessel loading operation and at least once every month to 
ensure that the valve is maintained in the closed position and that the 
vent stream is not diverted through the by-pass line; record all times 
when the car seals have been broken and the valve

[[Page 804]]

position has been changed. Each by-pass line valve shall be secured in 
the closed position with a car-seal or a lock-and-key type 
configuration.
    (c) Pressure/vacuum settings for the marine tank vessel's vapor 
collection equipment. Owners or operators of a source complying with 
Sec. 63.563(a)(3) shall measure continuously the operating pressure of 
the marine tank vessel during loading.
    (d) Loading at negative pressure. Owners or operators of a source 
complying with Sec. 63.563(a)(4)(iv) that load vessels at less than 
atmospheric pressure (i.e., negative gauge pressure) shall measure and 
record the loading pressure. The owner or operator shall install, 
calibrate, maintain, and operate a recording pressure measurement device 
(magnehelic gauge or equivalent device) and an audible and visible alarm 
system that is activated when the pressure vacuum specified in 
Sec. 63.563(a)(4)(iv) is not attained. The owner or operator shall place 
the alarm system so that it can be seen and heard where cargo transfer 
is controlled. The owner or operator shall verify the accuracy of the 
pressure device once each calendar year with a reference pressure 
monitor (traceable to National Institute of Standards and Technology 
(NIST) standards or an independent pressure measurement device dedicated 
for this purpose).
    (e) Combustion device, except flare. For sources complying with 
Sec. 63.563(b)(4), use of a combustion device except a flare, the owner 
or operator shall comply with paragraph (e)(1), (2), or (3) of this 
section. Owners or operators complying with paragraphs (e)(2) or (3) 
shall also comply with paragraph (e)(4) of this section.
    (1) Outlet VOC concentration. Monitor the VOC concentrations at the 
exhaust point of the combustion device and record the output from the 
system. For sources monitoring the outlet VOC concentration established 
during the performance test, a data acquisition system shall record a 
concentration every 15 minutes and shall compute and record an average 
concentration each cycle (same time period or cycle as the performance 
test) and a 3-cycle block average concentration every third cycle. For 
sources monitoring the 1,000 ppmv VOC concentration for gasoline 
loading, a data acquisition system shall record a concentration every 15 
minutes and shall compute and record an average concentration each hour 
and a 3-hour block average concentration every third hour. The owner or 
operator will install, calibrate, operate, and maintain a CEMS 
consistent with the requirements of PS 8 to measure the VOC 
concentration. The daily calibration requirements are required only on 
days when marine tank vessel loading operations occur.
    (2) Operating temperature determined during performance testing. If 
the baseline temperature was established during the performance test, 
the data acquisition system shall record the temperature every 15 
minutes and shall compute and record an average temperature each cycle 
(same time period or cycle of the performance test) and a 3-cycle block 
average every third cycle.
    (3) Manufacturer's recommended operating temperature. If the 
baseline temperature is based on the manufacturer recommended operating 
temperature, the data acquisition system shall record the temperature 
every 15 minutes and shall compute and record an average temperature 
each hour and a 3-hour block average every third hour.
    (4) Temperature monitor. The owner or operator shall install, 
calibrate, operate, and maintain a temperature monitor accurate to 
within 5.6 deg.C (10 deg.F) or within 1 percent 
of the baseline temperature, whichever is less stringent, to measure the 
temperature. The monitor shall be installed at the exhaust point of the 
combustion device but not within the combustion zone. The owner or 
operator shall verify the accuracy of the temperature monitor once each 
calendar year with a reference temperature monitor (traceable to 
National Institute of Standards and Technology (NIST) standards or 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.
    (f) Flare. For sources complying with Sec. 63.563(b)(5), use of a 
flare, the owner or operator shall monitor and record continuously the 
presence of the flare

[[Page 805]]

pilot flame. The owner or operator shall install, calibrate, maintain, 
and operate a heat sensing device (an ultraviolet beam sensor or 
thermocouple) at the pilot light to indicate the presence of a flame 
during the entire loading cycle.
    (g) Carbon adsorber. For sources complying with Sec. 63.563(b)(6), 
use of a carbon adsorber, the owner or operator shall comply with 
paragraph (g)(1), (2), or (3) of this section.
    (1) Outlet VOC concentration. Monitor the VOC concentrations at the 
exhaust point of each carbon adsorber unit and record the output from 
the system. For sources monitoring the outlet VOC concentration 
established during the performance test, a data acquisition system shall 
record a concentration every 15 minutes and shall compute and record an 
average concentration each cycle (same time period or cycle as the 
performance test) and a 3-cycle block average concentration every third 
cycle. For sources monitoring the 1,000 ppmv VOC concentration for 
gasoline loading, a data acquisition system shall record a concentration 
every 15 minutes and shall compute and record an average concentration 
each hour and a 3-hour block average concentration every third hour. The 
owner or operator will install, calibrate, operate, and maintain a CEMS 
consistent with the requirements of PS 8 to measure the VOC 
concentration. The daily calibration requirements are required only on 
days when marine tank vessel loading operations occur.
    (2) Carbon adsorbers with vacuum regeneration. Monitor and record 
the regeneration time for carbon bed regeneration and monitor and record 
continuously the vacuum pressure of the carbon bed regeneration cycle. 
The owner or operator will record the time when the carbon bed 
regeneration cycle begins and when the cycle ends for a single carbon 
bed and will calculate a 3-cycle block average every third cycle. The 
owner or operator shall install, calibrate, maintain, and operate a 
recording pressure measurement device (magnehelic gauge or equivalent 
device). A data acquisition system shall record and compute a 3-cycle 
(carbon bed regeneration cycle) block average vacuum pressure every 
third cycle. The owner or operator shall verify the accuracy of the 
pressure device once each calendar year with a reference pressure 
monitor (traceable to National Institute of Standards and Technology 
(NIST) standards or an independent pressure 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 pressure monitor 
being tested.
    (3) Carbon adsorbers with steam regeneration. Monitor and record the 
total stream mass flow and monitor and record the carbon bed temperature 
after regeneration (but within 15 minutes of completion of the cooling 
cycle). The owner or operator will install, calibrate, maintain, and 
operate an integrating stream flow monitoring device that is accurate 
within 10 percent and that is capable of recording the total 
stream mass flow for each regeneration cycle. The owner or operator will 
install, calibrate, maintain, and operate a temperature monitor accurate 
to within 5.6 deg.C (10 deg.F) or within 1 percent of the 
baseline carbon bed temperature, whichever is less stringent, to measure 
the carbon bed temperature. The monitor shall be installed at the 
exhaust point of the carbon bed. The data acquisition system shall 
record the carbon bed temperature after each cooling cycle (measured 
within 15 minutes of completion of the cooling cycle). The owner or 
operator shall verify the accuracy of the temperature monitor once each 
calendar year with a reference temperature monitor (traceable to 
National Institute of Standards and Technology (NIST) standards or 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.
    (h) Condenser/refrigeration unit. For sources complying with 
Sec. 63.563(b)(7), use of a condenser/refrigeration unit, the owner or 
operator shall comply with either paragraph (h)(1) or (2) of this 
section.
    (1) Baseline temperature. Monitor and record the temperature at the 
outlet of the unit. The owner or operator shall

[[Page 806]]

install, calibrate, operate, and maintain a temperature monitor accurate 
to within 5.6 deg.C (10 deg.F) or within 1 
percent of the baseline temperature, whichever is less stringent, to 
measure the temperature. The monitor shall be installed at the exhaust 
point of the condenser/refrigeration unit. For sources monitoring the 
temperature established during the performance test, the data 
acquisition system shall record the temperature every 15 minutes and 
shall compute and record an average temperature each cycle (same time 
period or cycle of the performance test) and a 3-hour block average 
every third cycle. For sources monitoring the manufacturer recommended 
temperature, the data acquisition system shall record the temperature 
every 15 minutes and shall compute and record an average temperature 
each hour and a 3-hour block average every third hour. The owner or 
operator shall verify the accuracy of the temperature monitor once each 
calendar year with a reference temperature monitor (traceable to 
National Institute of Standards and Technology (NIST) standards or 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.
    (2) Outlet VOC concentration. Monitor the VOC concentrations at the 
outlet of the unit and record the output from the system. For sources 
monitoring the outlet VOC concentration established during the 
performance test, a data acquisition system shall record a concentration 
every 15 minutes and shall compute and record an average concentration 
each cycle (same time period or cycle as the performance test) and a 3-
cycle block average concentration every third cycle. For sources 
monitoring the 1,000 ppmv VOC concentration for gasoline loading, a data 
acquisition system shall record a concentration every 15 minutes and 
shall compute and record an average concentration each hour and a 3-hour 
block average concentration every third hour. The owner or operator will 
install, calibrate, operate, and maintain a VOC CEMS consistent with the 
requirements of PS 8 to measure the VOC concentration. The daily 
calibration requirements are required only on days when marine tank 
vessel loading operations occur.
    (i) Absorber. For sources complying with Sec. 63.563(b)(8), use of 
an absorber, the owner or operator shall comply with either paragraph 
(i)(1) or (2) of this section.
    (1) Outlet VOC concentration. Monitor the VOC concentrations at the 
outlet of the absorber and record the output from the system. For 
sources monitoring the outlet VOC concentration established during the 
performance test, a data acquisition system shall record a concentration 
every 15 minutes and shall compute and record an average concentration 
each cycle (same time period or cycle as the performance test) and a 3-
cycle block average concentration every third cycle. For sources 
monitoring the 1,000 ppmv VOC concentration for gasoline loading, a data 
acquisition system shall record a concentration every 15 minutes and 
shall compute and record an average concentration each hour and a 3-hour 
block average concentration every third hour. The owner or operator will 
install, calibrate, operate, and maintain a VOC CEMS consistent with the 
requirements of PS 8. The daily calibration requirements are required 
only on days when marine tank vessel loading operations occur.
    (2) L/V ratio. Monitor and record the inlet liquid flowrate and the 
inlet gas flowrate to the absorber and record the calculated L/V ratio. 
The owner or operator shall install, calibrate, maintain, and operate 
liquid and gas flow indicators. For sources monitoring the L/V ratio 
established during the performance test, a data acquisition system shall 
record the flowrates and calculated ratio every 15 minutes and shall 
compute and record an average ratio each cycle (same time period or 
cycle as the performance test) and a 3-cycle block average ratio every 
third cycle. For sources monitoring the manufacturer recommended L/V 
ratio, a data acquisition system shall record the flowrates and 
calculated ratio every 15 minutes and shall compute and record an 
average ratio each hour and a 3-hour average ratio every third

[[Page 807]]

hour. The liquid and gas flow indicators shall be installed immediately 
upstream of the respective inlet lines to the absorber.
    (j) Alternate monitoring procedures. Alternate procedures to those 
described in this section may be used upon application to, and approval 
by, the Administrator. The owner or operator shall comply with the 
procedures for use of an alternative monitoring method in Sec. 63.8(f).



Sec. 63.565  Test methods and procedures.

    (a) Performance testing. The owner or operator of an affected source 
in Sec. 63.562 shall comply with the performance testing requirements in 
Sec. 63.7 of subpart A of this part in accordance with the provisions 
for applicability of subpart A to this subpart in Table 1 of Sec. 63.560 
and the performance testing requirements in this section.
    (b) Pressure/vacuum settings of marine tank vessel's vapor 
collection equipment. For the purpose of determining compliance with 
Sec. 63.563(a)(3), the following procedures shall be used:
    (1) Calibrate and install a pressure measurement device (liquid 
manometer, magnehelic gauge, or equivalent instrument) capable of 
measuring up to the maximum relief set pressure of the pressure-vacuum 
vents;
    (2) Connect the pressure measurement device to a pressure tap in the 
terminal's vapor collection system, located as close as possible to the 
connection with the marine tank vessel; and
    (3) During the performance test required in Sec. 63.563(b)(1), 
record the pressure every 5 minutes while a marine tank vessel is being 
loaded and record the highest instantaneous pressure and vacuum that 
occurs during each loading cycle.
    (c) Vapor-tightness test procedures for the marine tank vessel. When 
testing a vessel for vapor tightness to comply with the marine vessel 
vapor-tightness requirements of Sec. 63.563(a)(4)(i), the owner or 
operator of a source shall use the methods in either paragraph (c)(1) or 
(2) in this section.
    (1) Pressure test for the marine tank vessel. (i) Each product tank 
shall be pressurized with dry air or inert gas to no more than the 
pressure of the lowest pressure relief valve setting.
    (ii) Once the pressure is obtained, the dry air or inert gas source 
shall be shut off.
    (iii) At the end of one-half hour, the pressure in the product tank 
and piping shall be measured. The change in pressure shall be calculated 
using the following formula:

P=Pi-Pf

Where:

P=change in pressure, inches of water.
Pi=pressure in tank when air/gas source is shut off, inches of 
water.
Pf=pressure in tank at the end of one-half hour after air/gas 
source is shut off, inches of water.

    (iv) The change in pressure, P, shall be compared to the pressure 
drop calculated using the following formula:

PM=0.861 Pia L/V

Where:

PM=maximum allowable pressure change, inches of water.
Pia=pressure in tank when air/gas source is shut off, psia.
L=maximum permitted loading rate of vessel, barrels per hour.
V=total volume of product tank, barrels.

    (v) If PPM, the vessel is vapor tight.
    (vi) If P>PM, the vessel is not vapor tight and the source of the 
leak must be identified and repaired prior to retesting.
    (2) Leak test for the marine tank vessel. Each owner or operator of 
a source complying with Secs. 63.563(a)(4)(ii) or (iii) shall use Method 
21 as the vapor-tightness leak test for marine tank vessels. The test 
shall be conducted during the final 20 percent of loading of each 
product tank of the marine vessel, and it shall be applied to any 
potential sources of vapor leaks on the vessel.
    (d) Combustion (except flare) and recovery control device 
performance test procedures. (1) All testing equipment shall be prepared 
and installed as specified in the appropriate test methods.
    (2) All testing shall be performed during the last 20 percent of 
loading of a tank or compartment.
    (3) All emission testing intervals shall consist of each 5 minute 
period during the performance test. For each

[[Page 808]]

interval, the following shall be performed:
    (i) Readings. The reading from each measurement instrument shall be 
recorded.
    (ii) Sampling Sites. Method 1 or 1A of appendix A of part 60 of this 
chapter, as appropriate, shall be used for selection of sampling sites. 
Sampling sites shall be located at the inlet and outlet of the 
combustion device or recovery device except for owners or operators 
complying with the 1,000 ppmv VOC emissions limit for gasoline vapors 
under Sec. 63.563(b)(6) or (7), where the sampling site shall be located 
at the outlet of the recovery device.
    (iii) Volume exhausted. The volume exhausted shall be determined 
using Method 2, 2A, 2C, or 2D of appendix A of part 60 of this chapter, 
as appropriate.
    (4) Combustion devices, except flares. The average VOC concentration 
in the vent upstream and downstream of the control device shall be 
determined using Method 25 of appendix A of part 60 of this chapter for 
combustion devices, except flares. The average VOC concentration shall 
correspond to the volume measurement by taking into account the sampling 
system response time.
    (5) Recovery devices. The average VOC concentration in the vent 
upstream and downstream of the control device shall be determined using 
Method 25A of appendix A of part 60 of this chapter for recovery 
devices. The average VOC concentration shall correspond to the volume 
measurement by taking into account the sampling system response time.
    (6) The VOC mass at the inlet and outlet of the combustion or 
recovery device during each testing interval shall be calculated as 
follows:

Mj=FKVsCVOC 

Where:

Mj=mass of VOC at the inlet and outlet of the combustion or 
recovery device during testing interval j, kilograms (kg).
F=10-6=conversion factor, (cubic meters VOC/cubic meters air)(1/
ppmv) (m3 VOC/m3 air)(1/ppmv).
K=density, kilograms per cubic meter (kg/m3 VOC), standard 
conditions, 20  deg.C and 760 mm Hg.
Vs=volume of air-vapor mixture at the inlet and outlet of the 
combustion or recovery device, cubic meters (m3) at standard 
conditions, 20  deg.C and 760 mm Hg.
CVOC=VOC concentration (as measured) at the inlet and outlet of the 
combustion or recovery device, ppmv, dry basis.
s=standard conditions, 20  deg.C and 760 mm Hg.

    (7) The VOC mass emission rates at the inlet and outlet of the 
recovery or combustion device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR19SE95.001

Where:

Ei, Eo=mass flow rate of VOC at the inlet (i) and outlet (o) 
of the recovery or combustion device, kilogram per hour (kg/hr).
Mij, Moj=mass of VOC at the inlet (i) or outlet (o) during 
testing interval j, kg.
T=Total time of all testing intervals, hour.
n=number of testing intervals.

    (8) Where Method 25 or 25A is used to measure the percent reduction 
in VOC, the percent reduction across the combustion or recovery device 
shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR19SE95.002

Where:

R=control efficiency of control device, percent.
Ei=mass flow rate of VOC at the inlet to the combustion or recovery 
device as calculated under paragraph (c)(7) of this section, kg/hr.
Eo=mass flow rate of VOC at the outlet of the combustion or 
recovery device, as calculated under paragraph (c)(7) of this section, 
kg/hr.


[[Page 809]]


    (9) Repeat the procedures in paragraph (d)(1) through (d)(8) of this 
section 3 times. The arithmetic average percent efficiency of the three 
runs shall determine the overall efficiency of the control device.
    (10) Use of methods other than Method 25 or Method 25A shall be 
validated pursuant to Method 301 of appendix A of part 63 of this 
chapter.
    (e) Performance test for flares. When a flare is used to comply with 
Sec. 63.562(b)(2), (3), and (4), (c)(3) and (4), and (d)(2), the source 
must demonstrate that the flare meets the requirements of Sec. 63.11 of 
subpart A of this part. In addition, a performance test according to 
Method 22 of appendix A of part 63 shall be performed to determine 
visible emissions. The observation period shall be at least 2 hours and 
shall be conducted according to Method 22. Performance testing shall be 
conducted during three complete loading cycles with a separate test run 
for each loading cycle. The observation period for detecting visible 
emissions shall encompass each loading cycle. Integrated sampling to 
measure process vent stream flow rate shall be performed continuously 
during each loading cycle. The owner or operator shall record all 
visible emission readings, heat content determinations, flow rate 
measurements, maximum permitted velocity calculations, and exit velocity 
determinations made during the performance test.
    (f) Baseline temperature. The procedures in this paragraph shall be 
used to determine the baseline temperature required in 
Sec. 63.563(b)(4), (6), and (7) for combustion devices, carbon adsorber 
beds, and condenser/refrigeration units, respectively, and to monitor 
the temperature as required in Sec. 63.564(e), (g), and (h). The owner 
or operator shall comply with either paragraph (f)(1) or (2) of this 
section.
    (1) Baseline temperature from performance testing. The owner or 
operator shall establish the baseline temperature as the temperature at 
the outlet point of the unit averaged over three test runs from 
paragraph (d) of this section. Temperature shall be measured every 15 
minutes.
    (2) Baseline temperature from manufacturer. The owner or operator 
shall establish the baseline temperature as the manufacturer recommended 
minimum operating temperature for combustion devices, maximum operating 
temperature for condenser units, and maximum operating temperature for 
carbon beds of carbon adsorbers.
    (g) Baseline outlet VOC concentration. The procedures in this 
paragraph shall be used to determine the outlet VOC concentration 
required in Sec. 63.563(b)(4), (6), (7), and (8) for combustion devices 
except flare, carbon adsorbers, condenser/refrigeration units, and 
absorbers, respectively, and to monitor the VOC concentration as 
required in Sec. 63.564(e), (g), (h), and (i). The owner or operator 
shall use the procedures outlined in Method 25A. For the baseline VOC 
concentration, the arithmetic average of the outlet VOC concentration 
from three test runs from paragraph (d) of this section shall be 
calculated for the control device. The VOC concentration shall be 
measured at least every 15 minutes. Compliance testing of VOC CEMS shall 
be performed using PS 8.
    (h) Baseline regeneration time for carbon bed regeneration. The 
procedures in this paragraph shall be used to demonstrate the baseline 
regeneration time for the vacuum stage of carbon bed regeneration 
required in Sec. 63.563(b)(6) for a carbon adsorber and to monitor the 
regeneration time for the vacuum regeneration as required in 
Sec. 63.564(g). The owner or operator shall comply with paragraph (h)(1) 
or (2).
    (1) Baseline regeneration time from performance testing. The owner 
or operator shall establish the baseline regeneration time as the length 
of time for the vacuum stage of carbon bed regeneration averaged over 
three test runs from paragraph (d) of this section.
    (2) Baseline regeneration time from manufacturer recommendation. The 
owner or operator shall establish the baseline regeneration time as the 
manufacturer recommended minimum regeneration time for the vacuum stage 
of carbon bed regeneration.
    (i) Baseline vacuum pressure for carbon bed regeneration. The 
procedures in this paragraph shall be used to demonstrate the baseline 
vacuum pressure for the

[[Page 810]]

vacuum stage of carbon bed regeneration required in Sec. 63.563(b)(6) 
for a carbon adsorber and to monitor the vacuum pressure as required in 
Sec. 63.564(g). The owner or operator shall establish the baseline 
vacuum pressure as the manufacturer recommended minimum vacuum for 
carbon bed regeneration.
    (j) Baseline total stream flow. The procedures in this paragraph 
shall be used to demonstrate the baseline total stream flow for steam 
regeneration required in Sec. 63.563(b)(6) for a carbon adsorber and to 
monitor the total stream flow as required in Sec. 63.564(g). The owner 
or operator shall establish the baseline stream flow as the manufacturer 
recommended minimum total stream flow for carbon bed regeneration.
    (k) Baseline L/V ratio. The procedures in this paragraph shall be 
used to determine the baseline L/V ratio required in Sec. 63.563(b)(8) 
for an absorber and to monitor the L/V ratio as required in 
Sec. 63.564(i). The owner or operator shall comply with either paragraph 
(k)(1) or (2) of this section.
    (1) Baseline L/V ratio from performance test. The owner or operator 
shall establish the baseline L/V ratio as the calculated value of the 
inlet liquid flow divided by the inlet gas flow to the absorber averaged 
over three test runs using the procedures in paragraph (d) of this 
section.
    (2) Baseline L/V ratio from manufacturer. The owner or operator 
shall establish the baseline L/V ratio as the manufacturer recommended 
minimum L/V ratio for absorber operation.
    (l) Emission estimation procedures. For sources with emissions less 
than 10 or 25 tons and sources with emissions of 10 or 25 tons, the 
owner or operator shall calculate an annual estimate of HAP emissions, 
excluding commodities exempted by Sec. 63.560(d), from marine tank 
vessel loading operations. Emission estimates and emission factors shall 
be based on test data, or if test data is not available, shall be based 
on measurement or estimating techniques generally accepted in industry 
practice for operating conditions at the source.
    (m) Alternate test procedures. (1) Alternate test procedures to 
those described in this section may be used upon application to, and 
approval by, the Administrator.
    (2) If the owner or operator intends to demonstrate compliance by 
using an alternative to any test method specified, the owner or operator 
shall refrain from conducting the performance test until the 
Administrator approves the use of the alternative method when the 
Administrator approves the site-specific test plan (if review of the 
site-specific test plan is requested) or until after the alternative 
method is approved (see Sec. 63.7(f) of subpart A of this part). If the 
Administrator does not approve the site-specific test plan (if review is 
requested) or the use of the alternative method within 30 days before 
the test is scheduled to begin, the performance test dates specified in 
Sec. 63.563(b)(1) shall be extended such that the owner or operator 
shall conduct the performance test within 60 calendar days after the 
Administrator approves the site-specific test plan or after use of the 
alternative method is approved. Notwithstanding the requirements in the 
preceding two sentences, the owner or operator may proceed to conduct 
the performance test as required in this section (without the 
Administrator's prior approval of the site-specific test plan) if he/she 
subsequently chooses to use the specified testing and monitoring methods 
instead of an alternative.



Sec. 63.566  Construction and reconstruction.

    (a) The owner or operator of an affected source shall fulfill all 
requirements for construction or reconstruction of a source in Sec. 63.5 
of subpart A of this part in accordance with the provisions for 
applicability of subpart A to this subpart in Table 1 of Sec. 63.560 and 
construction or reconstruction requirements in this section.
    (b)(1) Application for approval of construction or reconstruction. 
The provisions of this paragraph and Sec. 63.5(d)(1)(ii) and (iii), (2), 
(3), and (4) of subpart A implement section 112(i)(1) of the Act.
    (2) General application requirements. An owner or operator who is 
subject to the requirements of Sec. 63.5(b)(3) of subpart A shall submit 
to the Administrator an application for approval of

[[Page 811]]

the construction of a new source, the reconstruction of a source, or the 
reconstruction of a source not subject to the emissions standards in 
Sec. 63.562 such that the source becomes an affected source. The 
application shall be submitted as soon as practicable before the 
construction or reconstruction is planned to commence. The application 
for approval of construction or reconstruction may be used to fulfill 
the initial notification requirements of Sec. 63.567(b)(3). The owner or 
operator may submit the application for approval well in advance of the 
date construction or reconstruction is planned to commence in order to 
ensure a timely review by the Administrator and that the planned 
commencement date will not be delayed.
    (c) Approval of construction or reconstruction based on prior State 
preconstruction review. The owner or operator shall submit to the 
Administrator the request for approval of construction or reconstruction 
under this paragraph and Sec. 63.5(f)(1) of subpart A of this part no 
later than the application deadline specified in paragraph (b)(2) of 
this section. The owner or operator shall include in the request 
information sufficient for the Administrator's determination. The 
Administrator will evaluate the owner or operator's request in 
accordance with the procedures specified in Sec. 63.5(e) of subpart A of 
this part. The Administrator may request additional relevant information 
after the submittal of a request for approval of construction or 
reconstruction.



Sec. 63.567  Recordkeeping and reporting requirements.

    (a) The owner or operator of an affected source shall fulfill all 
reporting and recordkeeping requirements in Secs. 63.9 and 63.10 of 
subpart A of this part in accordance with the provisions for 
applicability of subpart A to this subpart in Table 1 of Sec. 63.560 and 
fulfill all reporting and recordkeeping requirements in this section. 
These reports will be made to the Administrator at the appropriate 
address identified in Sec. 63.13 of subpart A of this part.
    (1) Reports required by subpart A and this section may be sent by 
U.S. mail, facsimile (fax), or by another courier.
    (i) Submittals sent by U.S. mail shall be postmarked on or before 
the specified date.
    (ii) Submittals sent by other methods shall be received by the 
Administrator on or before the specified date.
    (2) If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (b) Notification requirements. The owner or operator of an affected 
source shall fulfill all notification requirements in Sec. 63.9 of 
subpart A of this part in accordance with the provisions for 
applicability of that section to this subpart in Table 1 of Sec. 63.560 
and the notification requirements in this paragraph.
    (1) Applicability. If a source that otherwise would not be subject 
to the emissions standards subsequently increases its HAP emissions 
calculated on a 24-month annual average basis after September 19, 1997 
or increases its annual HAP emissions after September 20, 1999 or 
subsequently increases its gasoline or crude loading throughput 
calculated on a 24-month annual average basis after September 19, 1996 
or increases its gasoline or crude loading annual throughput after 
September 21, 1998 such that the source becomes subject to the emissions 
standards, such source shall be subject to the notification requirements 
of Sec. 63.9 of subpart A of this part and the notification requirements 
of this paragraph.
    (2) Initial notification for sources with startup before the 
effective date. The owner or operator of a source with initial startup 
before the effective date shall notify the Administrator in writing that 
the source is subject to the relevant standard. The notification shall 
be submitted not later than 365 days after the effective date of the 
emissions standards and shall provide the following information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the source;
    (iii) An identification of this emissions standard that is the basis 
of the notification and the source's compliance date;

[[Page 812]]

    (iv) A brief description of the nature, size, design, and method of 
operation of the source;
    (v) A statement that the source is a major source.
    (3) Initial notification for sources with startup after the 
effective date. The owner or operator of a new or reconstructed source 
or a source that has been reconstructed such that it is subject to the 
emissions standards that has an initial startup after the effective date 
but before the compliance date, and for which an application for 
approval of construction or reconstruction is not required under 
Sec. 63.5(d) of subpart A of this part and Sec. 63.566 of this subpart, 
shall notify the Administrator in writing that the source is subject to 
the standard no later than 365 days or 120 days after initial startup, 
whichever occurs before notification of the initial performance test in 
Sec. 63.9(e) of subpart A of this part. The notification shall provide 
all the information required in paragraph (b)(2) of this section, 
delivered or postmarked with the notification required in paragraph 
(b)(4) of this section.
    (4) Initial notification requirements for constructed/reconstructed 
sources. After the effective date of these standards, whether or not an 
approved permit program is effective in the State in which a source 
subject to these standards is (or would be) located, an owner or 
operator subject to the notification requirements of Sec. 63.5 of 
subpart A of this part and Sec. 63.566 of this subpart who intends to 
construct a new source subject to these standards, reconstruct a source 
subject to these standards, or reconstruct a source such that it becomes 
subject to these standards, shall comply with paragraphs (b)(4)(i), 
(ii), (iii), and (iv) of this section.
    (i) Notify the Administrator in writing of the intended construction 
or reconstruction. The notification shall be submitted as soon as 
practicable before the construction or reconstruction is planned to 
commence. The notification shall include all the information required 
for an application for approval of construction or reconstruction as 
specified in Sec. 63.5 of subpart A of this part. The application for 
approval of construction or reconstruction may be used to fulfill the 
requirements of this paragraph.
    (ii) Submit a notification of the date when construction or 
reconstruction was commenced, delivered or postmarked not later than 30 
days after such date, if construction was commenced after the effective 
date.
    (iii) Submit a notification of the anticipated date of startup of 
the source, delivered or postmarked not more than 60 days nor less than 
30 days before such date;
    (iv) Submit a notification of the actual date of startup of the 
source, delivered or postmarked within 15 calendar days after that date.
    (5) Additional initial notification requirements. The owner or 
operator of sources subject to Sec. 63.562(b)(2), (3), and (4), MACT 
standards, shall also include in the initial notification report 
required by paragraph (b)(2) and (3) the 24-month annual average or the 
annual actual HAP emissions from marine tank vessel loading operations, 
as appropriate, at all loading berths, as calculated according to the 
procedures in Sec. 63.565(l). Emissions will be reported by commodity 
and type of marine tank vessel (barge or tanker) loaded.
    (ii) As an alternative to reporting the information in paragraph 
(b)(5)(i) of this section, the source may submit documentation showing 
that all HAP-containing marine tank vessel loading operations, not 
exempt by Sec. 63.560(d), occurred using vapor tight vessels that comply 
with the procedures of Sec. 63.563(a) and that the emissions were routed 
to control devices meeting the requirements specified in Sec. 63.563(b).
    (c) Request for extension of compliance. If the owner or operator 
has installed BACT or technology to meet LAER consistent with 
Sec. 63.6(i)(5) of subpart A of this part, he/she may submit to the 
Administrator (or State with an approved permit program) a request for 
an extension of compliance as specified in Sec. 63.6(i)(4)(i)(B), 
(i)(5), and (i)(6) of subpart A of this part.
    (d) Reporting for performance testing of flares. The owner or 
operator of a source required to conduct an opacity

[[Page 813]]

performance test shall report the opacity results and other information 
required by Sec. 63.565(e) and Sec. 63.11 of subpart A of this part with 
the notification of compliance status.
    (e) Summary reports and excess emissions and monitoring system 
performance reports--(1) Schedule for summary report and excess 
emissions and monitoring system performance reports. Excess emissions 
and parameter monitoring exceedances are defined in Sec. 63.563(b). The 
owner or operator of a source subject to these emissions standards that 
is required to install a CMS shall submit an excess emissions and 
continuous monitoring system performance report and/or a summary report 
to the Administrator once each year, except, when the source experiences 
excess emissions, the source shall comply with a semi-annual reporting 
format until a request to reduce reporting frequency under paragraph 
(e)(2) of this section is approved.
    (2) Request to reduce frequency of excess emissions and continuous 
monitoring system performance reports. An owner or operator who is 
required to submit excess emissions and continuous monitoring system 
performance and summary reports on a semi-annual basis may reduce the 
frequency of reporting to annual if the following conditions are met:
    (i) For 1 full year the sources's excess emissions and continuous 
monitoring system performance reports continually demonstrate that the 
source is in compliance; and
    (ii) The owner or operator continues to comply with all 
recordkeeping and monitoring requirements specified in this subpart and 
subpart A of this part.
    (3) The frequency of reporting of excess emissions and continuous 
monitoring system performance and summary reports required may be 
reduced only after the owner or operator notifies the Administrator in 
writing of his or her intention to make such a change and the 
Administrator does not object to the intended change. In deciding 
whether to approve a reduced frequency of reporting, the Administrator 
may review information concerning the source's entire previous 
performance history during the 5-year recordkeeping prior to the 
intended change, including performance test results, monitoring data, 
and evaluations of an owner or operator's conformance with operation 
maintenance requirements. Such information may be used by the 
Administrator to make a judgement about the source's potential for 
noncompliance in the future. If the Administrator will notify the owner 
or operator in writing within 45 days after receiving notice of the 
owner or operator's intention. The notification from the Administrator 
to the owner or operator will specify the grounds on which the 
disapproval is based. In the absence of a notice of disapproval within 
45 days, approval is automatically granted.
    (4) Content and submittal dates for excess emissions and monitoring 
system performance reports. All excess emissions and monitoring system 
performance reports and all summary reports, if required per paragraph 
(e)(5) and (6) of this section, shall be delivered or postmarked within 
30 days following the end of each calendar year, or within 30 days 
following the end of each six month period, if appropriate. Written 
reports of excess emissions or exceedances of process or control system 
parameters shall include all information required in Sec. 63.10(c)(5) 
through (13) of subpart A of this part as applicable in Table 1 of 
Sec. 63.560 and information from any calibration tests in which the 
monitoring equipment is not in compliance with PS 8 or other methods 
used for accuracy testing of temperature, pressure, or flow monitoring 
devices. The written report shall also include the name, title, and 
signature of the responsible official who is certifying the accuracy of 
the report. When no excess emissions or exceedances have occurred or 
monitoring equipment has not been inoperative, repaired, or adjusted, 
such information shall be stated in the report. This information will be 
kept for a minimum of 5 years and made readily available to the 
Administrator or delegated State authority upon request.
    (5) If the total duration of excess emissions or control system 
parameter exceedances for the reporting period is less than 5 percent of 
the total operating time for the reporting period, and CMS downtime for 
the reporting period

[[Page 814]]

is less than 10 percent of the total operating time for the reporting 
period, only the summary report of Sec. 63.10(e)(3)(vi) of subpart A of 
this part shall be submitted, and the full excess emissions and 
continuous monitoring system performance report of paragraph (e)(4) of 
this section need not be submitted unless required by the Administrator.
    (6) If the total duration of excess emissions or process or control 
system parameter exceedances for the reporting period is 5 percent or 
greater of the total operating time for the reporting period, or the 
total CMS downtime for the reporting period is 10 percent or greater of 
the total operating time for the reporting period, both the summary 
report of Sec. 63.10(e)(3)(vi) of subpart A of this part and the excess 
emissions and continuous monitoring system performance report of 
paragraph (e)(4) of this section shall be submitted.
    (f) Vapor collection system of the terminal. Each owner or operator 
of an affected source shall submit with the initial performance test and 
maintain in an accessible location on site an engineering report 
describing in detail the vent system, or vapor collection system, used 
to vent each vent stream to a control device. This report shall include 
all valves and vent pipes that could vent the stream to the atmosphere, 
thereby bypassing the control device, and identify which valves are car-
sealed opened and which valves are car-sealed closed.
    (g) If a vent system, or vapor collection system, containing valves 
that could divert the emission stream away from the control device is 
used, each owner or operator of an affected source shall keep for at 
least 5 years up-to-date, readily accessible continuous records of:
    (1) All periods when flow bypassing the control device is indicated 
if flow indicators are installed under Sec. 63.563(a)(1) and 
Sec. 63.564(b), and
    (2) All times when maintenance is performed on car-sealed valves, 
when the car-seal is broken, and when the valve position is changed 
(i.e., from open to closed for valves in the vent piping to the control 
device and from closed to open for valves that vent the stream directly 
or indirectly to the atmosphere bypassing the control device) if valves 
are monitored under Sec. 63.564(b).
    (h) The owner or operator of an affected source shall keep the 
vapor-tightness documentation required under Sec. 63.563(a)(4) on file 
at the source in a permanent form available for inspection.
    (i) Vapor tightness test documentation for marine tank vessels. The 
owner or operator of an affected source shall maintain a documentation 
file for each marine tank vessel loaded at that source to reflect 
current test results as determined by the appropriate method in 
Sec. 63.565(c)(1) and (2). Updates to this documentation file shall be 
made at least once per year. The owner or operator shall include, as a 
minimum, the following information in this documentation:
    (1) Test title;
    (2) Marine vessel owner and address;
    (3) Marine vessel identification number;
    (4) Loading time, according to Sec. 63.563(a)(4)(ii) or (iii), if 
appropriate;
    (5) Testing location;
    (6) Date of test;
    (7) Tester name and signature;
    (8) Test results from Sec. 63.565(c)(1) or (2), as appropriate;
    (9) Documentation provided under Sec. 63.563(a)(4)(ii) and (iii)(B) 
showing that the repair of leaking components attributed to a failure of 
a vapor-tightness test is technically infeasible without dry-docking the 
vessel; and
    (10) Documentation that a marine tank vessel failing a pressure test 
or leak test has been repaired.
    (j) Emission estimation reporting and recordkeeping procedures. The 
owner or operator of each source complying with the emission limits 
specified in Sec. 63.562(b)(2), (3), and (4) shall comply with the 
following provisions:
    (1) Maintain records of all measurements, calculations, and other 
documentation used to identify commodities exempted under 
Sec. 63.560(d);
    (2) Keep readily accessible records of the emission estimation 
calculations performed in Sec. 63.565(l) for 5 years; and
    (3) Submit an annual report of the source's HAP control efficiency 
calculated using the procedures specified

[[Page 815]]

in Sec. 63.565(l), based on the source's actual throughput.
    (4) Owners or operators of marine tank vessel loading operations 
specified in Sec. 63.560(a)(3) shall retain records of the emissions 
estimates determined in Sec. 65.565(l) and records of their actual 
throughputs by commodity, for 5 years.
    (k) Leak detection and repair of vapor collection systems and 
control devices. When each leak of the vapor collection system, or vapor 
collection system, and control device is detected and repaired as 
specified in Sec. 63.563(c) the following information required shall be 
maintained for 5 years:
    (1) Date of inspection;
    (2) Findings (location, nature, and severity of each leak);
    (3) Leak determination method;
    (4) Corrective action (date each leak repaired, reasons for repair 
interval); and
    (5) Inspector name and signature.



                        Subparts Z-BB [Reserved]



  Subpart CC--National Emission Standards for Hazardous Air Pollutants 
                        From Petroleum Refineries

    Source: 60 FR 43260, Aug. 18, 1995, unless otherwise noted.



Sec. 63.640  Applicability and designation of affected source.

    (a) This subpart applies to petroleum refining process units and to 
related emission points that are specified in paragraphs (c)(5) through 
(c)(7) of this section that are located at a plant site that meet the 
criteria in paragraphs (a)(1) and (a)(2) of this section;
    (1) Are located at a plant site that is a major source as defined in 
section 112(a) of the Clean Air Act; and
    (2) Emit or have equipment containing or contacting one or more of 
the hazardous air pollutants listed in table 1 of this subpart.
    (b) For process units that are designed and operated as flexible 
operation units, the applicability of this subpart shall be determined 
for existing sources based on the expected utilization for the 5 years 
following promulgation of this subpart and for new sources based on the 
expected utilization for the first 5 years after startup.
    (c) For the purpose of this subpart, the affected source shall 
comprise all emission points, in combination, listed in paragraphs 
(c)(1) through (c)(7) of this section that are located at a single 
refinery plant site.
    (1) All miscellaneous process vents from petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (2) All storage vessels associated with petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (3) All wastewater streams and treatment operations associated with 
petroleum refining process units meeting the criteria in paragraph (a) 
of this section;
    (4) All equipment leaks from petroleum refining process units 
meeting the criteria in paragraph (a) of this section;
    (5) All gasoline loading racks classified under Standard Industrial 
Classification code 2911 meeting the criteria in paragraph (a) of this 
section;
    (6) All marine vessel loading operations located at a petroleum 
refinery meeting the criteria in paragraph (a) of this section and the 
applicability criteria of subpart Y, Sec. 63.560; and
    (7) All storage vessels and equipment leaks associated with a bulk 
gasoline terminal or pipeline breakout station classified under Standard 
Industrial Classification code 2911 located within a contiguous area and 
under common control with a refinery meeting the criteria in paragraph 
(a) of this section.
    (d) The affected source subject to this subpart does not include the 
emission points listed in paragraphs (d)(1) through (d)(5) of this 
section.
    (1) Stormwater from segregated stormwater sewers;
    (2) Spills;
    (3) Any pump, compressor, pressure relief device, sampling 
connection system, open-ended valve or line, valve, or instrumentation 
system that is intended to operate in organic hazardous air pollutant 
service, as defined in Sec. 63.641 of this subpart, for less than 300 
hours during the calendar year;

[[Page 816]]

    (4) Catalytic cracking unit and catalytic reformer catalyst 
regeneration vents, and sulfur plant vents; and
    (5) Emission points routed to a fuel gas system, as defined in 
Sec. 63.641 of this subpart. No testing, monitoring, recordkeeping, or 
reporting is required for refinery fuel gas systems or emission points 
routed to refinery fuel gas systems.
    (e) The owner or operator shall follow the procedures specified in 
paragraphs (e)(1) and (e)(2) of this section to determine whether a 
storage vessel is part of a source to which this subpart applies.
    (1) Where a storage vessel is used exclusively by a process unit, 
the storage vessel shall be considered part of that process unit.
    (i) If the process unit is a petroleum refining process unit subject 
to this subpart, then the storage vessel is part of the affected source 
to which this subpart applies.
    (ii) If the process unit is not subject to this subpart, then the 
storage vessel is not part of the affected source to which this subpart 
applies.
    (2) If a storage vessel is not dedicated to a single process unit, 
then the applicability of this subpart shall be determined according to 
the provisions in paragraphs (e)(2)(i) through (e)(2)(iii) of this 
section.
    (i) If a storage vessel is shared among process units and one of the 
process units has the predominant use, as determined by paragraphs 
(e)(2)(i)(A) and (e)(2)(i)(B) of this section, then the storage vessel 
is part of that process unit.
    (A) If the greatest input on a volume basis into the storage vessel 
is from a process unit that is located on the same plant site, then that 
process unit has the predominant use.
    (B) If the greatest input on a volume basis into the storage vessel 
is provided from a process unit that is not located on the same plant 
site, then the predominant use shall be the process unit that receives 
the greatest amount of material on a volume basis from the storage 
vessel at the same plant site.
    (ii) If a storage vessel is shared among process units so that there 
is no single predominant use, and at least one of those process units is 
a petroleum refining process unit subject to this subpart, the storage 
vessel shall be considered to be part of the petroleum refining process 
unit that is subject to this subpart. If more than one petroleum 
refining process unit is subject to this subpart, the owner or operator 
may assign the storage vessel to any of the petroleum refining process 
units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year to 
year, then the applicability of this subpart shall be determined based 
on the utilization of that storage vessel during the year preceding 
promulgation of this subpart. This determination shall be reported as 
specified in Sec. 63.654(h)(6)(ii) of this subpart.
    (f) The owner or operator shall follow the procedures specified in 
paragraphs (f)(1) through (f)(5) of this section to determine whether a 
miscellaneous process vent from a distillation unit is part of a source 
to which this subpart applies.
    (1) If the greatest input to the distillation unit is from a process 
unit located on the same plant site, then the distillation unit shall be 
assigned to that process unit.
    (2) If the greatest input to the distillation unit is provided from 
a process unit that is not located on the same plant site, then the 
distillation unit shall be assigned to the process unit located at the 
same plant site that receives the greatest amount of material from the 
distillation unit.
    (3) If a distillation unit is shared among process units so that 
there is no single predominant use, as described in paragraphs (f)(1) 
and (f)(2) of this section, and at least one of those process units is a 
petroleum refining process unit subject to this subpart, the 
distillation unit shall be assigned to the petroleum refining process 
unit that is subject to this subpart. If more than one petroleum 
refining process unit is subject to this subpart, the owner or operator 
may assign the distillation unit to any of the petroleum refining 
process units subject to this rule.
    (4) If the process unit to which the distillation unit is assigned 
is a petroleum refining process unit subject to this subpart and the 
vent stream contains greater than 20 parts per million

[[Page 817]]

by volume total organic hazardous air pollutants, then the vent from the 
distillation unit is considered a miscellaneous process vent (as defined 
in Sec. 63.641 of this subpart) and is part of the source to which this 
subpart applies.
    (5) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization of that distillation unit during the year 
preceding promulgation of this subpart. This determination shall be 
reported as specified in Sec. 63.654(h)(6)(iii).
    (g) The provisions of this subpart do not apply to the processes 
specified in paragraphs (g)(1) through (g)(7) of this section.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a petroleum refining 
process unit that is subject to the provisions of this subpart;
    (2) Equipment that does not contain any of the hazardous air 
pollutants listed in table 1 of this subpart that is located within a 
petroleum refining process unit that is subject to this subpart;
    (3) Units processing natural gas liquids;
    (4) Units that are used specifically for recycling discarded oil;
    (5) Shale oil extraction units;
    (6) Ethylene processes; and
    (7) Process units and emission points subject to subparts F, G, H, 
and I of this part.
    (h) Except as provided in paragraphs (k), (l), or (m) of this 
section, sources subject to this subpart are required to achieve 
compliance on or before the dates specified in paragraphs (h)(1) through 
(h)(4) of this section.
    (1) New sources that commence construction or reconstruction after 
July 14, 1994 shall be in compliance with this subpart upon initial 
startup or the date of promulgation of this subpart, whichever is later, 
as provided in Sec. 63.6(b) of subpart A of this part.
    (2) Except as provided in paragraphs (h)(3) through (h)(5) of this 
section, existing sources shall be in compliance with this subpart no 
later than August 18, 1998, except as provided in Sec. 63.6(c) of 
subpart A of this part, or unless an extension has been granted by the 
Administrator as provided in Sec. 63.6(i) of subpart A of this part.
    (3) Marine tank vessels at existing sources shall be in compliance 
with this subpart no later than August 18, 1999 unless the vessels are 
included in an emissions average to generate emission credits. Marine 
tank vessels used to generate credits in an emissions average shall be 
in compliance with this subpart no later than August 18, 1998 unless an 
extension has been granted by the Administrator as provided in 
Sec. 63.6(i).
    (4) Existing Group 1 floating roof storage vessels shall be in 
compliance with Sec. 63.646 at the first degassing and cleaning activity 
after August 18, 1998, or within 10 years after promulgation of the 
rule, whichever is first.
    (5) An owner or operator may elect to comply with the provisions of 
Sec. 63.648 (c) through (i) as an alternative to the provisions of 
Sec. 63.648 (a) and (b). In such cases, the owner or operator shall 
comply no later than the dates specified in paragraphs (h)(5)(i) through 
(h)(5)(iii) of this section.
    (i) Phase I (see table 2 of this subpart), beginning on August 18, 
1998;
    (ii) Phase II (see table 2 of this subpart), beginning no later than 
August 18, 1999; and
    (iii) Phase III (see table 2 of this subpart), beginning no later 
than February 18, 2001.
    (i) If an additional petroleum refining process unit is added to a 
plant site that is a major source as defined in section 112(a) of the 
Clean Air Act, the addition shall be subject to the requirements for a 
new source if it meets the criteria specified in paragraphs (i)(1) 
through (i)(3) of this section:
    (1) It is an addition that meets the definition of construction in 
Sec. 63.2 of subpart A of this part;
    (2) Such construction commenced after July 14, 1994; and
    (3) The addition has the potential to emit 10 tons per year or more 
of any hazardous air pollutant or 25 tons per year or more of any 
combination of hazardous air pollutants.
    (j) If any change is made to a petroleum refining process unit 
subject to

[[Page 818]]

this subpart, the change shall be subject to the requirements for a new 
source if it meets the criteria specified in paragraphs (j)(1) and 
(j)(2) of this section:
    (1) It is a change that meets the definition of reconstruction in 
Sec. 63.2 of subpart A of this part; and
    (2) Such reconstruction commenced after July 14, 1994.
    (k) If an additional petroleum refining process unit is added to a 
plant site or a change is made to a petroleum refining process unit and 
the addition or change is determined to be subject to the new source 
requirements according to paragraphs (i) or (j) of this section it must 
comply with the requirements specified in paragraphs (k)(1) and (k)(2) 
of this section:
    (1) The reconstructed source, addition, or change shall be in 
compliance with the new source requirements upon initial startup of the 
reconstructed source or by the date of promulgation of this subpart, 
whichever is later; and
    (2) The owner or operator of the reconstructed source, addition, or 
change shall comply with the reporting and recordkeeping requirements 
that are applicable to new sources. The applicable reports include, but 
are not limited to:
    (i) The application for approval of construction or reconstruction 
shall be submitted as soon as practical before the construction or 
reconstruction is planned to commence (but it need not be sooner than 90 
days after the date of promulgation of this subpart);
    (ii) The Notification of Compliance Status report as required by 
Sec. 63.654(f) for a new source, addition, or change;
    (iii) Periodic Reports and Other Reports as required by Sec. 63.654 
(g) and (h);
    (iv) Reports and notifications required by Sec. 60.487 of subpart VV 
of part 60 or Sec. 63.182 of subpart H of this part. The requirements 
for subpart H are summarized in table 3 of this subpart;
    (v) Reports required by 40 CFR 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec. 63.428 (b), (c), 
(g)(1), and (h)(1) through (h)(3) of subpart R. These requirements are 
summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Secs. 63.566 and 63.567 
of subpart Y of this part. These requirements are summarized in table 5 
of this subpart.
    (l) If an additional petroleum refining process unit is added to a 
plant site or if a miscellaneous process vent, storage vessel, gasoline 
loading rack, or marine tank vessel loading operation that meets the 
criteria in paragraphs (c)(1) through (c)(7) of this section is added to 
an existing petroleum refinery or if another deliberate operational 
process change creating an additional Group 1 emission point(s) (as 
defined in Sec. 63.641) is made to an existing petroleum refining 
process unit, and if the addition or process change is not subject to 
the new source requirements as determined according to paragraphs (i) or 
(j) of this section, the requirements in paragraphs (l)(1) through 
(l)(3) of this section shall apply. Examples of process changes include, 
but are not limited to, changes in production capacity, or feed or raw 
material where the change requires construction or physical alteration 
of the existing equipment or catalyst type, or whenever there is 
replacement, removal, or addition of recovery equipment. For purposes of 
this paragraph and paragraph (m) of this section, process changes do not 
include: Process upsets, unintentional temporary process changes, and 
changes that are within the equipment configuration and operating 
conditions documented in the Notification of Compliance Status report 
required by Sec. 63.654(f).
    (1) The added emission point(s) and any emission point(s) within the 
added or changed petroleum refining process unit are subject to the 
requirements for an existing source.
    (2) The added emission point(s) and any emission point(s) within the 
added or changed petroleum refining process unit shall be in compliance 
with this subpart by the dates specified in paragraphs (l)(2)(i) or 
(l)(2)(ii) of this section, as applicable.
    (i) If a petroleum refining process unit is added to a plant site or 
an emission point(s) is added to any existing petroleum refining process 
unit, the added emission point(s) shall be in compliance upon initial 
startup of any added petroleum refining process unit or emission 
point(s) or by 3 years after

[[Page 819]]

the date of promulgation of this subpart, whichever is later.
    (ii) If a deliberate operational process change to an existing 
petroleum refining process unit causes a Group 2 emission point to 
become a Group 1 emission point (as defined in Sec. 63.641), the owner 
or operator shall be in compliance upon initial startup or by 3 years 
after the date of promulgation of this subpart, whichever is later, 
unless the owner or operator demonstrates to the Administrator that 
achieving compliance will take longer than making the change. If this 
demonstration is made to the Administrator's satisfaction, the owner or 
operator shall follow the procedures in paragraphs (m)(1) through (m)(3) 
of this section to establish a compliance date.
    (3) The owner or operator of a petroleum refining process unit or of 
a storage vessel, miscellaneous process vent, wastewater stream, 
gasoline loading rack, or marine tank vessel loading operation meeting 
the criteria in paragraphs (c)(1) through (c)(7) of this section that is 
added to a plant site and is subject to the requirements for existing 
sources shall comply with the reporting and recordkeeping requirements 
that are applicable to existing sources including, but not limited to, 
the reports listed in paragraphs (l)(3)(i) through (l)(3)(vii) of this 
section. A process change to an existing petroleum refining process unit 
shall be subject to the reporting requirements for existing sources 
including, but not limited to, the reports listed in paragraphs 
(l)(3)(i) through (l)(3)(vii) of this section. The applicable reports 
include, but are not limited to:
    (i) The Notification of Compliance Status report as required by 
Sec. 63.654(f) for the emission points that were added or changed;
    (ii) Periodic Reports and other reports as required by Sec. 63.654 
(g) and (h);
    (iii) Reports and notifications required by sections of subpart A of 
this part that are applicable to this subpart, as identified in table 6 
of this subpart.
    (iv) Reports and notifications required by Sec. 63.182, or 40 CFR 
60.487. The requirements of subpart H of this part are summarized in 
table 3 of this subpart;
    (v) Reports required by Sec. 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec. 63.428 (b), (c), 
(g)(1), and (h)(1) through (h)(3) of subpart R of this part. These 
requirements are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Sec. 63.567 of subpart Y 
of this part. These requirements are summarized in table 5 of this 
subpart.
    (4) If pumps, compressors, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, or 
instrumentation systems are added to an existing source, they are 
subject to the equipment leak standards for existing sources in 
Sec. 63.648. A notification of compliance status report shall not be 
required for such added equipment.
    (m) If a change that does not meet the criteria in paragraph (l) of 
this section is made to a petroleum refining process unit subject to 
this subpart, and the change causes a Group 2 emission point to become a 
Group 1 emission point (as defined in Sec. 63.641), then the owner or 
operator shall comply with the requirements of this subpart for existing 
sources for the Group 1 emission point as expeditiously as practicable, 
but in no event later than 3 years after the emission point becomes 
Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The compliance schedule shall be submitted within 180 days after 
the change is made, unless the compliance schedule has been previously 
submitted to the permitting authority. If it is not possible to 
determine until after the change is implemented whether the emission 
point has become Group 1, the compliance schedule shall be submitted 
within 180 days of the date when the affect of the change is known to 
the source. The compliance schedule may be submitted in the next 
Periodic Report if the change is made after the date the Notification of 
Compliance Status report is due.
    (3) The Administrator shall approve or deny the compliance schedule 
or request changes within 120 calendar days of receipt of the compliance 
schedule

[[Page 820]]

and justification. Approval is automatic if not received from the 
Administrator within 120 calendar days of receipt.
    (n) Overlap of subpart CC with other regulations for storage 
vessels.
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 or Group 2 storage vessel that is part of an existing 
source and is also subject to the provisions of 40 CFR part 60 subpart 
Kb is required to comply only with the requirements of 40 CFR part 60 
subpart Kb.
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 storage vessel that is part of a new source and is 
subject to 40 CFR part 60, subpart Kb is required to comply only with 
this subpart.
    (3) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to the control requirements in Sec. 60.112b of 40 CFR part 60, 
subpart Kb is required to comply only with 40 CFR part 60, subpart Kb.
    (4) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to 40 CFR 60.110b, but is not required to apply controls by 40 
CFR 60.110b or 60.112b is required to comply only with this subpart.
    (5) After the compliance dates specified in paragraph (h) of this 
section a Group 1 storage vessel that is also subject to the provisions 
of 40 CFR part 60, subparts K or Ka is required to only comply with the 
provisions of this subpart.
    (6) After compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the control 
requirements of 40 CFR part 60, subparts K or Ka is required to only 
comply with the provisions of 40 CFR part 60, subparts K or Ka.
    (7) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to 40 CFR part 60, 
subparts K or Ka, but not to the control requirements of 40 CFR part 60, 
subparts K or Ka, is required to comply only with this subpart.
    (o) Overlap of this subpart CC with other regulations for 
wastewater.
    (1) After the compliance dates specified in paragraph (h) of this 
section a Group 1 wastewater stream managed in a piece of equipment that 
is also subject to the provisions of 40 CFR part 60, subpart QQQ is 
required to comply only with this subpart.
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 or Group 2 wastewater stream that is conveyed, stored, 
or treated in a wastewater stream management unit that also receives 
streams subject to the provisions of Secs. 63.133 through 63.147 of 
subpart G wastewater provisions of this part shall comply as specified 
in paragraphs (o)(2)(i) through (o)(2)(iii) of this section. Compliance 
with the provisions of paragraph (o)(2) of this section shall constitute 
compliance with the requirements of this subpart for that wastewater 
stream.
    (i) The provisions in Secs. 63.133 through 63.137 and Sec. 63.140 of 
subpart G for all equipment used in the storage and conveyance of the 
Group 1 or Group 2 wastewater stream.
    (ii) The provisions in both 40 CFR part 61, subpart FF and in 
Secs. 63.138 and 63.139 of subpart G for the treatment and control of 
the Group 1 or Group 2 wastewater stream.
    (iii) The provisions in Secs. 63.143 through 63.148 of subpart G for 
monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in 40 CFR part 
61, subpart FF, Secs. 61.355 through 61.357.
    (p) Overlap of subpart CC with other regulations for equipment 
leaks. After the compliance dates specified in paragraph (h) of this 
section equipment leaks that are also subject to the provisions of 40 
CFR parts 60 and 61 are required to comply only with the provisions 
specified in this subpart.
    (q) For overlap of subpart CC with local or State regulations, the 
permitting authority for the affected source may allow consolidation of 
the monitoring, recordkeeping, and reporting requirements under this 
subpart with

[[Page 821]]

the monitoring, recordkeeping, and reporting requirements under other 
applicable requirements in 40 CFR parts 60, 61, or 63, and in any 40 CFR 
part 52 approved State implementation plan provided the implementation 
plan allows for approval of alternative monitoring, reporting, or 
recordkeeping requirements and provided that the permit contains an 
equivalent degree of compliance and control.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29878, June 12, 1996]



Sec. 63.641  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act, subpart A of this part, and in this section. If the 
same term is defined in subpart A and in this section, it shall have the 
meaning given in this section for purposes of this subpart.
    Affected source means the collection of emission points to which 
this subpart applies as determined by the criteria in Sec. 63.640.
    Aliphatic means open-chained structure consisting of paraffin, 
olefin and acetylene hydrocarbons and derivatives.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    By compound means by individual stream components, not by carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Closed vent system means a system that is not open to the atmosphere 
and is configured of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device or back into the process. If gas or vapor from 
regulated equipment is routed to a process (e.g., to a petroleum 
refinery fuel gas system), the process shall not be considered a closed 
vent system and is not subject to closed vent system standards.
    Combustion device means an individual unit of equipment such as a 
flare, incinerator, process heater, or boiler used for the combustion of 
organic hazardous air pollutant vapors.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are accessible.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every hour 
and recorded at the frequency specified in Sec. 63.654(i).
    Continuous recorder means a data recording device recording an 
instantaneous data value or an average data value at least once every 
hour.
    Control device means any equipment used for recovering, removing, or 
oxidizing organic hazardous air pollutants. Such equipment includes, but 
is not limited to, absorbers, carbon adsorbers, condensers, 
incinerators, flares, boilers, and process heaters. For miscellaneous 
process vents (as defined in this section), recovery devices (as defined 
in this section) are not considered control devices.
    Delayed coker vent means a vent that is typically intermittent in 
nature, and usually occurs only during the initiation of the 
depressuring cycle of the decoking operation when vapor from the coke 
drums cannot be sent to the fractionator column for product recovery, 
but instead is routed to the atmosphere through a closed blowdown system 
or directly to the atmosphere in an open blowdown system. The emissions 
from the decoking phases of delayed coker operations, which include coke 
drum deheading, draining, or decoking (coke cutting), are not considered 
to be delayed coker vents.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having

[[Page 822]]

component concentrations different from those in the feed stream(s). The 
separation is achieved by the redistribution of the components between 
the liquid and the vapor phases by vaporization and condensation as they 
approach equilibrium within the distillation unit. Distillation unit 
includes the distillate receiver, reboiler, and any associated vacuum 
pump or steam jet.
    Emission point means an individual miscellaneous process vent, 
storage vessel, wastewater stream, or equipment leak associated with a 
petroleum refining process unit; an individual storage vessel or 
equipment leak associated with a bulk gasoline terminal or pipeline 
breakout station classified under Standard Industrial Classification 
code 2911; a gasoline loading rack classified under Standard Industrial 
Classification code 2911; or a marine tank vessel loading operation 
located at a petroleum refinery.
    Equipment leak means emissions of organic hazardous air pollutants 
from a pump, compressor, pressure relief device, sampling connection 
system, open-ended valve or line, valve, or instrumentation system ``in 
organic hazardous air pollutant service'' as defined in this section. 
Vents from wastewater collection and conveyance systems (including, but 
not limited to wastewater drains, sewer vents, and sump drains), tank 
mixers, and sample valves on storage tanks are not equipment leaks.
    Flame zone means the portion of a combustion chamber of a boiler or 
process heater occupied by the flame envelope created by the primary 
fuel.
    Flexible operation unit means a process unit that manufactures 
different products periodically by alternating raw materials or 
operating conditions. These units are also referred to as campaign 
plants or blocked operations.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow, in a line.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous streams generated by refinery operations, 
may blend them with sources of gas, if available, and transports the 
blended gaseous fuel at suitable pressures for use as fuel in heaters, 
furnaces, boilers, incinerators, gas turbines, and other combustion 
devices located within or outside of the refinery. The fuel is piped 
directly to each individual combustion device, and the system typically 
operates at pressures over atmospheric. The gaseous streams can contain 
a mixture of methane, light hydrocarbons, hydrogen and other 
miscellaneous species.
    Gasoline loading rack means the loading arms, pumps, meters, shutoff 
valves, relief valves, and other piping and valves necessary to fill 
gasoline cargo tanks.
    Group 1 gasoline loading rack means any gasoline loading rack 
classified under Standard Industrial Classification code 2911 that is 
located within a bulk gasoline terminal that has a gasoline throughput 
greater than 75,700 liters per day. Gasoline throughput shall be the 
maximum calculated design throughput for the terminal as may be limited 
by compliance with enforceable conditions under Federal, State, or local 
law and discovered by the Administrator and any other person.
    Group 1 marine tank vessel means a vessel at an existing source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals in bulk onto marine tank vessels, that emits greater than 
9.1 megagrams of any individual HAP or 22.7 megagrams of any combination 
of HAP annually after August 18, 1999, or a vessel at a new source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals onto marine tank vessels.
    Group 1 miscellaneous process vent means a miscellaneous process 
vent for which the total organic HAP concentration is greater than or 
equal to 20 parts per million by volume, and the total volatile organic 
compound emissions are greater than or equal to 33 kilograms per day for 
existing sources and 6.8 kilograms per day for new sources at the outlet 
of the final recovery device (if any) and prior to any control device 
and prior to discharge to the atmosphere.
    Group 1 storage vessel means a storage vessel at an existing source 
that has a

[[Page 823]]

design storage capacity greater than or equal to 177 cubic meters and 
stored-liquid maximum true vapor pressure greater than or equal to 10.4 
kilopascals and HAP liquid concentration greater than 4 percent by 
weight total organic HAP; a storage vessel at a new source that has a 
design storage capacity greater than or equal to 151 cubic meters and 
stored-liquid maximum true vapor pressure greater than or equal to 3.4 
kilopascals and HAP liquid concentration greater than 2 percent by 
weight total organic HAP; or a storage vessel at a new source that has a 
design storage capacity greater than or equal to 76 cubic meters and 
less than 151 cubic meters and stored-liquid maximum true vapor pressure 
greater than or equal to 77 kilopascals and HAP liquid concentration 
greater than 2 percent by weight total organic HAP.
    Group 1 wastewater stream means a wastewater stream at a petroleum 
refinery with a total annual benzene loading of 10 megagrams per year or 
greater as calculated according to the procedures in 40 CFR 61.342 of 
subpart FF of part 61 that has a flow rate of 0.02 liters per minute or 
greater, a benzene concentration of 10 parts per million by weight or 
greater, and is not exempt from control requirements under the 
provisions of 40 CFR part 61, subpart FF.
    Group 2 gasoline loading rack means a gasoline loading rack 
classified under Standard Industrial Classification code 2911 that does 
not meet the definition of a Group 1 gasoline loading rack.
    Group 2 marine tank vessel means a marine tank vessel that does not 
meet the definition of a Group 1 marine tank vessel.
    Group 2 miscellaneous process vent means a miscellaneous process 
vent that does not meet the definition of a Group 1 miscellaneous 
process vent.
    Group 2 storage vessel means a storage vessel that does not meet the 
definition of a Group 1 storage vessel.
    Group 2 wastewater stream means a wastewater stream that does not 
meet the definition of Group 1 wastewater stream.
    Hazardous air pollutant or HAP means one of the chemicals listed in 
section 112(b) of the Clean Air Act.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec. 60.593(d) of part 60, 
subpart GGG.
    In organic hazardous air pollutant service means that a piece of 
equipment either contains or contacts a fluid (liquid or gas) that is at 
least 5 percent by weight of total organic HAP's as determined according 
to the provisions of Sec. 63.180(d) of subpart H of this part and table 
1 of this subpart. The provisions of Sec. 63.180(d) of subpart H also 
specify how to determine that a piece of equipment is not in organic HAP 
service.
    Leakless valve means a valve that has no external actuating 
mechanism.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored liquid at the temperature equal to the highest 
calendar-month average of the liquid storage temperature for liquids 
stored above or below the ambient temperature or at the local maximum 
monthly average temperature as reported by the National Weather Service 
for liquids stored at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart G 
of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Miscellaneous process vent means a gas stream containing greater 
than 20 parts per million by volume organic HAP that is continuously or 
periodically discharged during normal operation of a petroleum refining 
process unit meeting the criteria specified in Sec. 63.640(a). 
Miscellaneous process vents

[[Page 824]]

include gas streams that are discharged directly to the atmosphere, gas 
streams that are routed to a control device prior to discharge to the 
atmosphere, or gas streams that are diverted through a product recovery 
device prior to control or discharge to the atmosphere. Miscellaneous 
process vents include vent streams from: caustic wash accumulators, 
distillation tower condensers/accumulators, flash/knockout drums, 
reactor vessels, scrubber overheads, stripper overheads, vacuum (steam) 
ejectors, wash tower overheads, water wash accumulators, blowdown 
condensers/accumulators, and delayed coker vents. Miscellaneous process 
vents do not include:
    (1) Gaseous streams routed to a fuel gas system;
    (2) Relief valve discharges;
    (3) Leaks from equipment regulated under Sec. 63.648;
    (4) Episodic or nonroutine releases such as those associated with 
startup, shutdown, malfunction, maintenance, depressuring, and catalyst 
transfer operations;
    (5) In situ sampling systems (onstream analyzers);
    (6) Catalytic cracking unit catalyst regeneration vents;
    (7) Catalytic reformer regeneration vents;
    (8) Sulfur plant vents;
    (9) Vents from control devices such as scrubbers, boilers, 
incinerators, and electrostatic precipitators applied to catalytic 
cracking unit catalyst regeneration vents, catalytic reformer 
regeneration vents, and sulfur plant vents;
    (10) Vents from any stripping operations applied to comply with the 
wastewater provisions of this subpart, subpart G of this part, or 40 CFR 
part 61, subpart FF;
    (11) Coking unit vents associated with coke drum depressuring at or 
below a coke drum outlet pressure of 15 pounds per square inch gauge, 
deheading, draining, or decoking (coke cutting) or pressure testing 
after decoking; and
    (12) Vents from storage vessels.
    (13) Emissions from wastewater collection and conveyance systems 
including, but not limited to, wastewater drains, sewer vents, and sump 
drains.
    Operating permit means a permit required by 40 CFR parts 70 or 71.
    Organic hazardous air pollutant or organic HAP in this subpart, 
means any of the organic chemicals listed in table 1 of this subpart.
    Petroleum-based solvents means mixtures of aliphatic hydrocarbons or 
mixtures of one and two ring aromatic hydrocarbons.
    Periodically discharged means discharges that are intermittent and 
associated with routine operations. Discharges associated with 
maintenance activities or process upsets are not considered periodically 
discharged miscellaneous process vents and are therefore not regulated 
by the petroleum refinery miscellaneous process vent provisions.
    Petroleum refining process unit means a process unit used in an 
establishment primarily engaged in petroleum refining as defined in the 
Standard Industrial Classification code for petroleum refining (2911), 
and used primarily for the following:
    (1) Producing transportation fuels (such as gasoline, diesel fuels, 
and jet fuels), heating fuels (such as kerosene, fuel gas distillate, 
and fuel oils), or lubricants;
    (2) Separating petroleum; or
    (3) Separating, cracking, reacting, or reforming intermediate 
petroleum streams.
    (4) Examples of such units include, but are not limited to, 
petroleum-based solvent units, alkylation units, catalytic 
hydrotreating, catalytic hydrorefining, catalytic hydrocracking, 
catalytic reforming, catalytic cracking, crude distillation, lube oil 
processing, hydrogen production, isomerization, polymerization, thermal 
processes, and blending, sweetening, and treating processes. Petroleum 
refining process units also include sulfur plants.
    Plant site means all contiguous or adjoining property that is under 
common control including properties that are separated only by a road or 
other public right-of-way. Common control includes properties that are 
owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.

[[Page 825]]

    Primary fuel means the fuel that provides the principal heat input 
(i.e., more than 50 percent) to the device. To be considered primary, 
the fuel must be able to sustain operation without the addition of other 
fuels.
    Process heater means an enclosed combustion device that primarily 
transfers heat liberated by burning fuel directly to process streams or 
to heat transfer liquids other than water.
    Process unit means the equipment assembled and connected by pipes or 
ducts to process raw and/or intermediate materials and to manufacture an 
intended product. A process unit includes any associated storage 
vessels. For the purpose of this subpart, process unit includes, but is 
not limited to, chemical manufacturing process units and petroleum 
refining process units.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be accomplished. An unscheduled 
work practice or operational procedure that stops production from a 
process unit or part of a process unit for less than 24 hours is not 
considered a process unit shutdown. An unscheduled work practice or 
operational procedure that would stop production from a process unit or 
part of a process unit for a shorter period of time than would be 
required to clear the process unit or part of the process unit of 
materials and start up the unit, or would result in greater emissions 
than delay of repair of leaking components until the next scheduled 
process unit shutdown is not considered a process unit shutdown. The use 
of spare equipment and technically feasible bypassing of equipment 
without stopping production are not considered process unit shutdowns.
    Recovery device means an individual unit of equipment capable of and 
used for the purpose of recovering chemicals for use, reuse, or sale. 
Recovery devices include, but are not limited to, absorbers, carbon 
adsorbers, and condensers.
    Reference control technology for gasoline loading racks means a 
vapor collection and processing system used to reduce emissions due to 
the loading of gasoline cargo tanks to 10 milligrams of total organic 
compounds per liter of gasoline loaded or less.
    Reference control technology for marine vessels means a vapor 
collection system and a control device that reduces captured HAP 
emissions by 97 percent.
    Reference control technology for miscellaneous process vents means a 
combustion device used to reduce organic HAP emissions by 98 percent, or 
to an outlet concentration of 20 parts per million by volume.
    Reference control technology for storage vessels means either:
    (1) An internal floating roof meeting the specifications of 
Sec. 63.119(b) of subpart G except for Sec. 63.119 (b)(5) and (b)(6);
    (2) An external floating roof meeting the specifications of 
Sec. 63.119(c) of subpart G except for Sec. 63.119(c)(2);
    (3) An external floating roof converted to an internal floating roof 
meeting the specifications of Sec. 63.119(d) of subpart G except for 
Sec. 63.119(d)(2); or
    (4) A closed-vent system to a control device that reduces organic 
HAP emissions by 95-percent, or to an outlet concentration of 20 parts 
per million by volume.
    (5) For purposes of emissions averaging, these four technologies are 
considered equivalent.
    Reference control technology for wastewater means the use of:
    (1) Controls specified in Secs. 61.343 through 61.347 of subpart FF 
of part 61;
    (2) A treatment process that achieves the emission reductions 
specified in table 7 of this subpart for each individual HAP present in 
the wastewater stream or is a steam stripper that meets the 
specifications in Sec. 63.138(g) of subpart G of this part; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices) 
the organic HAP emissions in the vapor streams vented from treatment 
processes (including the steam stripper described in paragraph (2) of 
this definition) managing wastewater.

[[Page 826]]

    Refinery fuel gas means a gaseous mixture of methane, light 
hydrocarbons, hydrogen, and other miscellaneous species (nitrogen, 
carbon dioxide, hydrogen sulfide, etc.) that is produced in the refining 
of crude oil and/or petrochemical processes and that is separated for 
use as a fuel in boilers and process heaters throughout the refinery.
     Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge can result from an 
operator error, a malfunction such as a power failure or equipment 
failure, or other unexpected cause that requires immediate venting of 
gas from process equipment in order to avoid safety hazards or equipment 
damage.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of a petroleum refining process unit or 
a unit operation (including, but not limited to, a distillation unit or 
reactor) within a petroleum refining process unit for purposes 
including, but not limited to, periodic maintenance, replacement of 
equipment, or repair.
    Startup means the setting into operation of a petroleum refining 
process unit for purposes of production. Startup does not include 
operation solely for purposes of testing equipment. Startup does not 
include changes in product for flexible operation units.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 40 cubic meters;
    (4) Bottoms receiver tanks; or
    (5) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having an accuracy of 1 percent of 
the temperature being monitored expressed in degrees Celsius or 
0.5  deg.C, whichever is greater.
    Total annual benzene means the total amount of benzene in waste 
streams at a facility on an annual basis as determined in Sec. 61.342 of 
40 CFR part 61, subpart FF.
    Total organic compounds or TOC, as used in this subpart, means those 
compounds excluding methane and ethane measured according to the 
procedures of Method 18 of 40 CFR part 60, appendix A. Method 25A may be 
used alone or in combination with Method 18 to measure TOC as provided 
in Sec. 63.645 of this subpart.
    Wastewater means water or wastewater that, during production or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, byproduct, or waste product and is discharged into any 
individual drain system. Examples are feed tank drawdown; water formed 
during a chemical reaction or used as a reactant; water used to wash 
impurities from organic products or reactants; water used to cool or 
quench organic vapor streams through direct contact; and condensed steam 
from jet ejector systems pulling vacuum on vessels containing organics.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29879, June 12, 1996]



Sec. 63.642  General standards.

    (a) Each owner or operator of a source subject to this subpart is 
required to apply for a part 70 or part 71 operating permit from the 
appropriate permitting authority. If the EPA has approved a State 
operating permit program under part 70, the permit shall be obtained 
from the State authority. If the State operating permit program has not 
been approved, the source shall apply to the EPA Regional Office 
pursuant to part 71.
    (b) [Reserved]
    (c) Table 6 of this subpart specifies the provisions of subpart A of 
this part

[[Page 827]]

that apply and those that do not apply to owners and operators of 
sources subject to this subpart.
    (d) Initial performance tests and initial compliance determinations 
shall be required only as specified in this subpart.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures specified in this 
subpart.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled.
    (3) Performance tests shall be conducted according to the provisions 
of Sec. 63.7(e) except that performance tests shall be conducted at 
maximum representative operating capacity for the process. During the 
performance test, an owner or operator shall operate the control device 
at either maximum or minimum representative operating conditions for 
monitored control device parameters, whichever results in lower emission 
reduction.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable section or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (e) Each owner or operator of a source subject to this subpart shall 
keep copies of all applicable reports and records required by this 
subpart for at least 5 years except as otherwise specified in this 
subpart. All applicable records shall be maintained in such a manner 
that they can be readily accessed within 24 hours. Records may be 
maintained in hard copy or computer-readable form including, but not 
limited to, on paper, microfilm, computer, floppy disk, magnetic tape, 
or microfiche.
    (f) All reports required under this subpart shall be sent to the 
Administrator at the addresses listed in Sec. 63.13 of subpart A of this 
part. If acceptable to both the Administrator and the owner or operator 
of a source, reports may be submitted on electronic media.
    (g) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the following equation:


EA = 0.02EPV1 + EPV2 + 
0.05ES1 + ES2 + EGLR1C + 
EGLR2 + (R) EMV1 + EMV2 + 
EWW1C + EWW2

where:
EA = Emission rate, megagrams per year, allowed for the source.
0.02EPV1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 miscellaneous process vents, as defined in 
Sec. 63.641.
EPV2 = Sum of the emissions, megagrams per year, from all 
Group 2 process vents, as defined in Sec. 63.641.
0.05ES1 = Sum of the residual emissions, megagrams per 
year, from all Group 1 storage vessels, as defined in Sec. 63.641.
ES2 = Sum of the emissions, megagrams per year, from all 
Group 2 storage vessels, as defined in Sec. 63.641.
EGLR1C = Sum of the residual emissions, megagrams per 
year, from all Group 1 gasoline loading racks, as defined in 
Sec. 63.641.
EGLR2 = Sum of the emissions, megagrams per year, from all 
Group 2 gasoline loading racks, as defined in Sec. 63.641.
(R)EMV1 = Sum of the residual emissions megagrams per 
year, from all Group 1 marine tank vessels, as defined in Sec. 63.641.
R = 0.03 for existing sources, 0.02 for new sources.
EMV2 = Sum of the emissions, megagrams per year from all 
Group 2 marine tank vessels, as defined in Sec. 63.641.
EWW1C = Sum of the residual emissions from all Group 1 
wastewater streams, as defined in Sec. 63.641. This term is calculated 
for each Group 1 stream according to the equation for EWWic in 
Sec. 63.652(h)(6).
EWW2 = Sum of emissions from all Group 2 wastewater 
streams, as defined in Sec. 63.641.

The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point

[[Page 828]]

change or as the number of emission points in the source changes.
    (h) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the equation in paragraph (g) of this section.
    (i) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (g) of this section 
by following the procedures specified in paragraph (k) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (l) of this section for 
specified emission points and the procedures specified in paragraph (k) 
of this section for all other emission points within the source.
    (j) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (h) of this section 
only by following the procedures in paragraph (k) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (k) The owner or operator of an existing source may comply, and the 
owner or operator of a new source shall comply, with the miscellaneous 
process vent provisions in Secs. 63.643 through 63.645, the storage 
vessel provisions in Sec. 63.646, the wastewater provisions in 
Sec. 63.647, the gasoline loading rack provisions in Sec. 63.650, and 
the marine tank vessel loading operation provisions in Sec. 63.651 of 
this subpart.
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. 63.654 as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(g) of this section.
    (l) The owner or operator of an existing source may elect to control 
some of the emission points within the source to different levels than 
specified under Secs. 63.643 through 63.647, Secs. 63.650 and 63.651 by 
using an emissions averaging compliance approach as long as the overall 
emissions for the source do not exceed the emission level specified in 
paragraph (g) of this section. The owner or operator using emissions 
averaging shall meet the requirements in paragraphs (l)(1) and (l)(2) of 
this section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average according to the procedures specified 
in Sec. 63.652; and
    (2) Comply with the requirements of Secs. 63.652, 63.653, and 
63.654, as applicable.
    (m) A State may restrict the owner or operator of an existing source 
to using only the procedures in paragraph (k) of this section to comply 
with the emission standard in paragraph (g) of this section. Such a 
restriction would preclude the source from using an emissions averaging 
compliance approach.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29879, June 12, 1996]



Sec. 63.643  Miscellaneous process vent provisions.

    (a) The owner or operator of a Group 1 miscellaneous process vent as 
defined in Sec. 63.641 shall comply with the requirements of either 
paragraphs (a)(1) or (a)(2) of this section.
    (1) Reduce emissions of organic HAP's using a flare that meets the 
requirements of Sec. 63.11(b) of subpart A of this part.
    (2) Reduce emissions of organic HAP's, using a control device, by 98 
weight-percent or to a concentration of 20 parts per million by volume, 
on a dry basis, corrected to 3 percent oxygen, whichever is less 
stringent. Compliance can be determined by measuring either organic 
HAP's or TOC's using the procedures in Sec. 63.645.
    (b) If a boiler or process heater is used to comply with the 
percentage of reduction requirement or concentration limit specified in 
paragraph (a)(2) of this section, then the vent stream shall be 
introduced into the flame zone of such a device, or in a location such 
that the required percent reduction or concentration is achieved. 
Testing and monitoring is required only as specified in Sec. 63.644(a) 
and Sec. 63.645 of this subpart.

[[Page 829]]



Sec. 63.644  Monitoring provisions for miscellaneous process vents.

    (a) Except as provided in paragraph (b) of this section, each owner 
or operator of a Group 1 miscellaneous process vent that uses a 
combustion device to comply with the requirements in Sec. 63.643(a) 
shall install the monitoring equipment specified in paragraph (a)(1), 
(a)(2), (a)(3), or (a)(4) of this section, depending on the type of 
combustion device used. All monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturer's 
specifications.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used, a device (including but not limited to a 
thermocouple, an ultraviolet beam sensor, or an infrared sensor) capable 
of continuously detecting the presence of a pilot flame is required.
    (3) Any boiler or process heater with a design heat input capacity 
greater than or equal to 44 megawatt or any boiler or process heater in 
which all vent streams are introduced into the flame zone is exempt from 
monitoring.
    (4) Any boiler or process heater less than 44 megawatts design heat 
capacity where the vent stream is not introduced into the flame zone is 
required to use a temperature monitoring device in the firebox equipped 
with a continuous recorder.
    (b) An owner or operator of a Group 1 miscellaneous process vent may 
request approval to monitor parameters other than those listed in 
paragraph (a) of this section. The request shall be submitted according 
to the procedures specified in Sec. 63.654(h). Approval shall be 
requested if the owner or operator:
    (1) Uses a control device other than an incinerator, boiler, process 
heater, or flare; or
    (2) Uses one of the control devices listed in paragraph (a) of this 
section, but seeks to monitor a parameter other than those specified in 
paragraph (a) of this section.
    (c) The owner or operator of a Group 1 miscellaneous process vent 
using a vent system that contains bypass lines that could divert a vent 
stream away from the control device used to comply with paragraph (a) of 
this section shall comply with either paragraph (c)(1) or (c)(2) of this 
section. Equipment such as low leg drains, high point bleeds, analyzer 
vents, open-ended valves or lines, pressure relief valves needed for 
safety reasons, and equipment subject to Sec. 63.648 are not subject to 
this paragraph.
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether a vent stream flow is present at least once every 
hour. Records shall be generated as specified in Sec. 63.654(h) and (i). 
The flow indicator shall be installed at the entrance to any bypass line 
that could divert the vent stream away from the control device to the 
atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line.
    (d) The owner or operator shall establish a range that ensures 
compliance with the emissions standard for each parameter monitored 
under paragraphs (a) and (b) of this section. In order to establish the 
range, the information required in Sec. 63.654(f)(3) shall be submitted 
in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum and/or maximum operating 
parameter value or procedure required to be monitored under paragraphs 
(a) and (b) of this section. Operation of the control device in a

[[Page 830]]

manner that constitutes a period of excess emissions, as defined in 
Sec. 63.654(g)(6), or failure to perform procedures required by this 
section shall constitute a violation of the applicable emission standard 
of this subpart.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]



Sec. 63.645  Test methods and procedures for miscellaneous process vents.

    (a) To demonstrate compliance with Sec. 63.643, an owner or operator 
shall follow Sec. 63.116 except for Sec. 63.116 (a)(1), (d) and (e) of 
subpart G of this part except as provided in paragraphs (b) through (d) 
and paragraph (i) of this section.
    (b) All references to Sec. 63.113(a)(1) or (a)(2) in Sec. 63.116 of 
subpart G of this part shall be replaced with Sec. 63.643(a)(1) or 
(a)(2), respectively.
    (c) In Sec. 63.116(c)(4)(ii)(C) of subpart G of this part, organic 
HAP's in the list of HAP's in table 1 of this subpart shall be 
considered instead of the organic HAP's in table 2 of subpart F of this 
part.
    (d) All references to Sec. 63.116(b)(1) or (b)(2) shall be replaced 
with paragraphs (d)(1) and (d)(2) of this section, respectively.
    (1) Any boiler or process heater with a design heat input capacity 
of 44 megawatts or greater.
    (2) Any boiler or process heater in which all vent streams are 
introduced into the flame zone.
    (e) For purposes of determining the TOC emission rate, as specified 
under paragraph (f) of this section, the sampling site shall be after 
the last product recovery device (as defined in Sec. 63.641 of this 
subpart) (if any recovery devices are present) but prior to the inlet of 
any control device (as defined in Sec. 63.641 of this subpart) that is 
present, prior to any dilution of the process vent stream, and prior to 
release to the atmosphere.
    (1) Methods 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (f) Except as provided in paragraph (g) of this section, an owner or 
operator seeking to demonstrate that a process vent TOC mass flow rate 
is less than 33 kilograms per day for an existing source or less than 
6.8 kilograms per day for a new source in accordance with the Group 2 
process vent definition of this subpart shall determine the TOC mass 
flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(e) of this section.
    (2) The gas volumetric flow rate shall be determined using Methods 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used. If Method 25A is used, and the TOC 
mass flow rate calculated from the Method 25A measurement is greater 
than or equal to 33 kilograms per day for an existing source or 6.8 
kilograms per day for a new source, Method 18 may be used to determine 
any non-VOC hydrocarbons that may be deducted to calculate the TOC 
(minus non-VOC hydrocarbons) concentration and mass flow rate. The 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15-minute intervals during the run.
    (ii) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation if Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.000

where:
CTOC=Concentration of TOC (minus methane and ethane), dry basis, 
parts per million by volume.

[[Page 831]]

Cji=Concentration of sample component j of the sample i, dry basis, 
parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (4) The emission rate of TOC (minus methane and ethane) (ETOC) 
shall be calculated using the following equation if Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.001

where:
E=Emission rate of TOC (minus methane and ethane) in the sample, 
kilograms per day.
K2=Constant, 2.494 x 10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram per gram) (minutes per hour), 
where the standard temperature (standard cubic meter) is at 20  deg.C.
Cj=Concentration on a dry basis of organic compound j in parts per 
million as measured by Method 18 of 40 CFR part 60, appendix A, as 
indicated in paragraph (f)(3) of this section. Cj includes all 
organic compounds measured minus methane and ethane.
Mj=Molecular weight of organic compound j, gram per gram-mole.
Qs=Vent stream flow rate, dry standard cubic meters per minute, at 
a temperature of 20  deg.C.

    (5) If Method 25A is used the emission rate of TOC (ETOC) shall be 
calculated using the following equation:

E=K2 CTOC Qs

where:
E=Emission rate of TOC (minus methane and ethane) in the sample, 
kilograms per day.
K2=Constant, 2.494 x 10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram per gram) (minutes per hour), 
where the standard temperature (standard cubic meter) is at 20  deg.C.
CTOC=Concentration of TOC on a dry basis in parts per million 
volume as measured by Method 25A of 40 CFR part 60, appendix A, as 
indicated in paragraph (f)(3) of this section.
Qs=Vent stream flow rate, dry standard cubic meters per minute, at 
a temperature of 20  deg.C.

    (g) Engineering assessment may be used to determine the TOC emission 
rate for the representative operating condition expected to yield the 
highest daily emission rate.
    (1) Engineering assessment includes, but is not limited to, the 
following:
    (i) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) TOC emission rate specified or implied within a permit limit 
applicable to the process vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC concentrations;
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities; and
    (C) Estimation of TOC concentrations based on saturation conditions.
    (v) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (h) The owner or operator of a Group 2 process vent shall 
recalculate the TOC emission rate for each process vent, as necessary, 
whenever process changes are made to determine whether the vent is in 
Group 1 or Group 2. Examples of process changes include, but are not 
limited to, changes in production capacity, production rate, or catalyst 
type, or whenever there is replacement, removal, or addition of recovery 
equipment. For purposes of this paragraph, process changes do not 
include: process upsets; unintentional, temporary process changes; and 
changes that are within the range on which the original calculation was 
based.
    (1) The TOC emission rate shall be recalculated based on 
measurements of vent stream flow rate and TOC as specified in paragraphs 
(e) and (f) of this

[[Page 832]]

section, as applicable, or on best engineering assessment of the effects 
of the change. Engineering assessments shall meet the specifications in 
paragraph (g) of this section.
    (2) Where the recalculated TOC emission rate is greater than 33 
kilograms per day for an existing source or greater than 6.8 kilograms 
per day for a new source, the owner or operator shall submit a report as 
specified in Sec. 63.654 (f), (g), or (h) and shall comply with the 
appropriate provisions in Sec. 63.643 by the dates specified in 
Sec. 63.640.
    (i) A compliance determination for visible emissions shall be 
conducted within 150 days of the compliance date using Method 22 of 40 
CFR part 60, appendix A, to determine visible emissions.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]



Sec. 63.646  Storage vessel provisions.

    (a) Each owner or operator of a Group 1 storage vessel subject to 
this subpart shall comply with the requirements of Secs. 63.119 through 
63.121 except as provided in paragraphs (b) through (l) of this section.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in 40 CFR part 63, subparts A or G. 
The Group 1 storage vessel definition presented in Sec. 63.641 shall 
apply in lieu of the Group 1 storage vessel definitions presented in 
tables 5 and 6 of Sec. 63.119 of subpart G of this part.
    (1) An owner or operator may use good engineering judgement or test 
results to determine the stored liquid weight percent total organic HAP 
for purposes of group determination. Data, assumptions, and procedures 
used in the determination shall be documented.
    (2) When an owner or operator and the Administrator do not agree on 
whether the weight percent organic HAP in the stored liquid is above or 
below 4 percent for existing sources and 2 percent for new sources, 
Method 18 of 40 CFR part 60, appendix A shall be used.
    (c) The following paragraphs do not apply to storage vessels at 
existing sources subject to this subpart: Sec. 63.119 (b)(5), (b)(6), 
(c)(2), and (d)(2).
    (d) References shall apply as specified in paragraphs (d)(1) through 
(d)(10) of this section.
    (1) All references to Sec. 63.100(k) of subpart F of this part (or 
the schedule provisions and the compliance date) shall be replaced with 
Sec. 63.640(h),
    (2) All references to April 22, 1994 shall be replaced with August 
18, 1995.
    (3) All references to December 31, 1992 shall be replaced with July 
15, 1994.
    (4) All references to the compliance dates specified in Sec. 63.100 
of subpart F shall be replaced with Sec. 63.640 (h) through (m).
    (5) All references to Sec. 63.150 in Sec. 63.119 of subpart G of 
this part shall be replaced with Sec. 63.652.
    (6) All references to Sec. 63.113(a)(2) of subpart G shall be 
replaced with Sec. 63.643(a)(2) of this subpart.
    (7) All references to Sec. 63.126(b)(1) of subpart G shall be 
replaced with Sec. 63.422(b) of subpart R of this part.
    (8) All references to Sec. 63.128(a) of subpart G shall be replaced 
with Sec. 63.425, paragraphs (a) through (c) and (e) through (h) of 
subpart R of this part.
    (9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that 40 CFR 61.355 is applicable.
    (10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that Sec. 63.647 of this subpart is applicable.
    (e) When complying with the inspection requirements of Sec. 63.120 
of subpart G of this part, owners and operators of storage vessels at 
existing sources subject to this subpart are not required to comply with 
the provisions for gaskets, slotted membranes, and sleeve seals.
    (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this 
section apply to Group 1 storage vessels at existing sources:
    (1) If a cover or lid is installed on an opening on a floating roof, 
the cover or lid shall remain closed except when the cover or lid must 
be open for access.
    (2) Rim space vents are to be set to open only when the floating 
roof is not floating or when the pressure beneath the rim seal exceeds 
the manufacturer's recommended setting.

[[Page 833]]

    (3) Automatic bleeder vents are to be closed at all times when the 
roof is floating except when the roof is being floated off or is being 
landed on the roof leg supports.
    (g) Failure to perform inspections and monitoring required by this 
section shall constitute a violation of the applicable standard of this 
subpart.
    (h) References in Secs. 63.119 through 63.121 to Sec. 63.122(g)(1), 
Sec. 63.151, and references to initial notification requirements do not 
apply.
    (i) References to the Implementation Plan in Sec. 63.120, paragraphs 
(d)(2) and (d)(3)(i) shall be replaced with the Notification of 
Compliance Status report.
    (j) References to the Notification of Compliance Status report in 
Sec. 63.152(b) shall be replaced with Sec. 63.654(f).
    (k) References to the Periodic Reports in Sec. 63.152(c) shall be 
replaced with Sec. 63.654(g).
    (l) The State or local permitting authority can waive the 
notification requirements of Secs. 63.120(a)(5), 63.120(a)(6), 
63.120(b)(10)(ii), and 63.120(b)(10)(iii) for all or some storage 
vessels at petroleum refineries subject to this subpart. The State or 
local permitting authority may also grant permission to refill storage 
vessels sooner than 30 days after submitting the notifications in 
Secs. 63.120(a)(6) or 63.120(b)(10)(iii) for all storage vessels at a 
refinery or for individual storage vessels on a case-by-case basis.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]



Sec. 63.647  Wastewater provisions.

    (a) Except as provided in paragraph (b) of this section, each owner 
or operator of a Group 1 wastewater stream shall comply with the 
requirements of Secs. 61.340 through 61.355 of 40 CFR part 61, subpart 
FF for each process wastewater stream that meets the definition in 
Sec. 63.641.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in the Clean Air Act or in 40 CFR part 
61, subpart FF, Sec. 61.341.
    (c) Each owner or operator required under subpart FF of 40 CFR part 
61 to perform periodic measurement of benzene concentration in 
wastewater, or to monitor process or control device operating parameters 
shall operate in a manner consistent with the minimum or maximum (as 
appropriate) permitted concentration or operating parameter values. 
Operation of the process, treatment unit, or control device resulting in 
a measured concentration or operating parameter value outside the 
permitted limits shall constitute a violation of the emission standards. 
Failure to perform required leak monitoring for closed vent systems and 
control devices or failure to repair leaks within the time period 
specified in subpart FF of 40 CFR part 61 shall constitute a violation 
of the standard.



Sec. 63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the 
provisions of this subpart shall comply with the provisions of 40 CFR 
part 60 subpart VV and paragraph (b) of this section except as provided 
in paragraphs (a)(1), (a)(2), and (c) through (i) of this section. Each 
owner or operator of a new source subject to the provisions of this 
subpart shall comply with subpart H of this part except as provided in 
paragraphs (c) through (i) of this section.
    (1) For purposes of compliance with this section, the provisions of 
40 CFR part 60, subpart VV apply only to equipment in organic HAP 
service, as defined in Sec. 63.641 of this subpart.
    (2) Calculation of percentage leaking equipment components for 
subpart VV of 40 CFR part 60 may be done on a process unit basis or a 
sourcewide basis. Once the owner or operator has decided, all subsequent 
calculations shall be on the same basis unless a permit change is made.
    (b) The use of monitoring data generated before August 18, 1995 to 
qualify for less frequent monitoring of valves and pumps as provided 
under 40 CFR part 60 subpart VV or subpart H of this part and paragraph 
(c) of this section (i.e., quarterly or semiannually) is governed by the 
requirements of paragraphs (b)(1) and (b)(2) of this section.
    (1) Monitoring data must meet the test methods and procedures 
specified in Sec. 60.485(b) of 40 CFR part 60, subpart VV or 
Sec. 63.180(b)(1) through (b)(5) of subpart H of this part except for 
minor departures.

[[Page 834]]

    (2) Departures from the criteria specified in Sec. 60.485(b) of 40 
CFR part 60 subpart VV or Sec. 63.180(b)(1) through (b)(5) of subpart H 
of this part or from the monitoring frequency specified in subpart VV or 
in paragraph (c) of this section (such as every 6 weeks instead of 
monthly or quarterly) are minor and do not significantly affect the 
quality of the data. An example of a minor departure is monitoring at a 
slightly different frequency (such as every 6 weeks instead of monthly 
or quarterly). Failure to use a calibrated instrument is not considered 
a minor departure.
    (c) In lieu of complying with the existing source provisions of 
paragraph (a) in this section, an owner or operator may elect to comply 
with the requirements of Secs. 63.161 through 63.169, 63.171, 63.172, 
63.175, 63.176, 63.177, 63.179, and 63.180 of subpart H of this part 
except as provided in paragraphs (c)(1) through (c)(10) and (e) through 
(i) of this section.
    (1) The instrument readings that define a leak for light liquid 
pumps subject to Sec. 63.163 of subpart H of this part and gas/vapor and 
light liquid valves subject to Sec. 63.168 of subpart H of this part are 
specified in table 2 of this subpart.
    (2) In phase III of the valve standard, the owner or operator may 
monitor valves for leaks as specified in paragraphs (c)(2)(i) or 
(c)(2)(ii) of this section.
    (i) If the owner or operator does not elect to monitor connectors, 
then the owner or operator shall monitor valves according to the 
frequency specified in table 8 of this subpart.
    (ii) If an owner or operator elects to monitor connectors according 
to the provisions of Sec. 63.649, paragraphs (b), (c), or (d), then the 
owner or operator shall monitor valves at the frequencies specified in 
table 9 of this subpart.
    (3) The owner or operator shall decide no later than the first 
required monitoring period after the phase I compliance date specified 
in Sec. 63.640(h) whether to calculate the percentage leaking valves on 
a process unit basis or on a sourcewide basis. Once the owner or 
operator has decided, all subsequent calculations shall be on the same 
basis unless a permit change is made.
    (4) The owner or operator shall decide no later than the first 
monitoring period after the phase III compliance date specified in 
Sec. 63.640(h) whether to monitor connectors according to the provisions 
in Sec. 63.649, paragraphs (b), (c), or (d).
    (5) Connectors in gas/vapor service or light liquid service are 
subject to the requirements for connectors in heavy liquid service in 
Sec. 63.169 of subpart H of this part (except for the agitator 
provisions). The leak definition for valves, connectors, and 
instrumentation systems subject to Sec. 63.169 is 1,000 parts per 
million.
    (6) In phase III of the pump standard, except as provided in 
paragraph (c)(7) of this section, owners or operators that achieve less 
than 10 percent of light liquid pumps leaking or three light liquid 
pumps leaking, whichever is greater, shall monitor light liquid pumps 
monthly.
    (7) Owners or operators that achieve less than 3 percent of light 
liquid pumps leaking or one light liquid pump leaking, whichever is 
greater, shall monitor light liquid pumps quarterly.
    (8) An owner or operator may make the election described in 
paragraphs (c)(3) and (c)(4) of this section at any time except that any 
election to change after the initial election shall be treated as a 
permit modification according to the terms of part 70 of this chapter.
    (9) When complying with the requirements of Sec. 63.168(e)(3)(i), 
non-repairable valves shall be included in the calculation of percent 
leaking valves the first time the valve is identified as leaking and 
non-repairable. Otherwise, a number of non-repairable valves up to a 
maximum of 1 percent per year of the total number of valves in organic 
HAP service up to a maximum of 3 percent may be excluded from 
calculation of percent leaking valves for subsequent monitoring periods. 
When the number of non-repairable valves exceeds 3 percent of the total 
number of valves in organic HAP service, the number of non-repairable 
valves exceeding 3 percent of the total number shall be included in the 
calculation of percent leaking valves.
    (10) If in phase III of the valve standard any valve is designated 
as being

[[Page 835]]

leakless, the owner or operator has the option of following the 
provisions of 40 CFR 60.482-7(f). If an owner or operator chooses to 
comply with the provisions of 40 CFR 60.482-7(f), the valve is exempt 
from the valve monitoring provisions of Sec. 63.168 of subpart H of this 
part.
    (d) Upon startup of new sources, the owner or operator shall comply 
with Sec. 63.163(a)(1)(ii) of subpart H of this part for light liquid 
pumps and Sec. 63.168(a)(1)(ii) of subpart H of this part for gas/vapor 
and light liquid valves.
    (e) For reciprocating pumps in heavy liquid service, owners and 
operators are not required to comply with the requirements in 
Sec. 63.169 of subpart H of this part.
    (f) Reciprocating pumps in light liquid service are exempt from 
Secs. 63.163 and 60.482 if recasting the distance piece or reciprocating 
pump replacement is required.
    (g) Compressors in hydrogen service are exempt from the requirements 
of paragraphs (a) and (c) of this section if an owner or operator 
demonstrates that a compressor is in hydrogen service.
    (1) Each compressor is presumed not to be in hydrogen service unless 
an owner or operator demonstrates that the piece of equipment is in 
hydrogen service.
    (2) For a piece of equipment to be considered in hydrogen service, 
it must be determined that the percentage hydrogen content can be 
reasonably expected always to exceed 50 percent by volume.
    (i) For purposes of determining the percentage hydrogen content in 
the process fluid that is contained in or contacts a compressor, the 
owner or operator shall use either:
    (A) Procedures that conform to those specified in Sec. 60.593(b)(2) 
of 40 part 60, subpart GGG.
    (B) Engineering judgment to demonstrate that the percentage content 
exceeds 50 percent by volume, provided the engineering judgment 
demonstrates that the content clearly exceeds 50 percent by volume.
    (1) When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is in hydrogen service, the procedures in 
paragraph (g)(2)(i)(A) of this section shall be used to resolve the 
disagreement.
    (2) If an owner or operator determines that a piece of equipment is 
in hydrogen service, the determination can be revised only by following 
the procedures in paragraph (g)(2)(i)(A) of this section.
    (h) Each owner or operator of a source subject to the provisions of 
this subpart must maintain all records for a minimum of 5 years.
    (i) Reciprocating compressors are exempt from seal requirements if 
recasting the distance piece or compressor replacement is required.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]



Sec. 63.649  Alternative means of emission limitation: Connectors in gas/vapor service and light liquid service.

    (a) If an owner or operator elects to monitor valves according to 
the provisions of Sec. 63.648(c)(2)(ii), the owner or operator shall 
implement one of the connector monitoring programs specified in 
paragraphs (b), (c), or (d) of this section.
    (b) Random 200 connector alternative. The owner or operator shall 
implement a random sampling program for accessible connectors of 2.0 
inches nominal diameter or greater. The program does not apply to 
inaccessible or unsafe-to-monitor connectors, as defined in Sec. 63.174 
of subpart H. The sampling program shall be implemented source-wide.
    (1) Within the first 12 months after the phase III compliance date 
specified in Sec. 63.640(h), a sample of 200 connectors shall be 
randomly selected and monitored using Method 21 of 40 CFR part 60, 
appendix A.
    (2) The instrument reading that defines a leak is 1,000 parts per 
million.
    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected except as provided in paragraph (e) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected.
    (4) If a leak is detected, the connector shall be monitored for 
leaks within the first 3 months after its repair.

[[Page 836]]

    (5) After conducting the initial survey required in paragraph (b)(1) 
of this section, the owner or operator shall conduct subsequent 
monitoring of connectors at the frequencies specified in paragraphs 
(b)(5)(i) through (b)(5)(iv) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall survey a random sample of 200 connectors 
once every 6 months.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or operator shall survey a random 
sample of 200 connectors once per year.
    (iii) If the percentage leaking connectors is 0.5 percent or greater 
but less than 1.0 percent, the owner or operator shall survey a random 
sample of 200 connectors once every 2 years.
    (iv) If the percentage leaking connectors is less than 0.5 percent, 
the owner or operator shall survey a random sample of 200 connectors 
once every 4 years.
    (6) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (c) Connector inspection alternative. The owner or operator shall 
implement a program to monitor all accessible connectors in gas/vapor 
service that are 2.0 inches (nominal diameter) or greater and inspect 
all accessible connectors in light liquid service that are 2 inches 
(nominal diameter) or greater as described in paragraphs (c)(1) through 
(c)(7) of this section. The program does not apply to inaccessible or 
unsafe-to-monitor connectors.
    (1) Within 12 months after the phase III compliance date specified 
in Sec. 63.640(h), all connectors in gas/vapor service shall be 
monitored using Method 21 of 40 CFR part 60 appendix A. The instrument 
reading that defines a leak is 1,000 parts per million.
    (2) All connectors in light liquid service shall be inspected for 
leaks. A leak is detected if liquids are observed to be dripping at a 
rate greater than three drops per minute.
    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected except as provided in paragraph (e) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected.
    (4) If a leak is detected, connectors in gas/vapor service shall be 
monitored for leaks within the first 3 months after repair. Connectors 
in light liquid service shall be inspected for indications of leaks 
within the first 3 months after repair. A leak is detected if liquids 
are observed to be dripping at a rate greater than three drops per 
minute.
    (5) After conducting the initial survey required in paragraphs 
(c)(1) and (c)(2) of this section, the owner or operator shall conduct 
subsequent monitoring at the frequencies specified in paragraphs 
(c)(5)(i) through (c)(5)(iii) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once per year.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or operator shall monitor or 
inspect, as applicable, the connectors once every 2 years.
    (iii) If the percentage leaking connectors is less than 1.0 percent, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once every 4 years.
    (6) The percentage leaking connectors shall be calculated for 
connectors in gas/vapor service and for connectors in light liquid 
service. The data for the two groups of connectors shall not be pooled 
for the purpose of determining the percentage leaking connectors.
    (i) The percentage leaking connectors shall be calculated as 
follows:

% CL=[(CL-CAN)/Ct+Cc)] x 100

where:
% CL=Percentage leaking connectors.
CL=Number of connectors including nonrepairables, measured at 1,000 
parts per million or greater, by Method 21 of 40 CFR part 60, Appendix 
A.
CAN=Number of allowable nonrepairable connectors, as determined by 
monitoring, not to exceed 3 percent

[[Page 837]]

of the total connector population, Ct.
Ct=Total number of monitored connectors, including nonrepairables, 
in the process unit.
Cc=Optional credit for removed connectors=0.67 x net number (i.e., 
the total number of connectors removed minus the total added) of 
connectors in organic HAP service removed from the process unit after 
the applicability date set forth in Sec. 63.640(h)(4)(iii) for existing 
process units, and after the date of start-up for new process units. If 
credits are not taken, then Cc=0.

    (ii) Nonrepairable connectors shall be included in the calculation 
of percentage leaking connectors the first time the connector is 
identified as leaking and nonrepairable. Otherwise, a number of 
nonrepairable connectors up to a maximum of 1 percent per year of the 
total number of connectors in organic HAP service up to a maximum of 3 
percent may be excluded from calculation of percentage leaking 
connectors for subsequent monitoring periods.
    (iii) If the number of nonrepairable connectors exceeds 3 percent of 
the total number of connectors in organic HAP service, the number of 
nonrepairable connectors exceeding 3 percent of the total number shall 
be included in the calculation of the percentage leaking connectors.
    (7) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (d) Subpart H program. The owner or operator shall implement a 
program to comply with the provisions in Sec. 63.174 of this part.
    (e) Delay of repair of connectors for which leaks have been detected 
is allowed if repair is not technically feasible by normal repair 
techniques without a process unit shutdown. Repair of this equipment 
shall occur by the end of the next process unit shutdown.
    (1) Delay of repair is allowed for equipment that is isolated from 
the process and that does not remain in organic HAP service.
    (2) Delay of repair for connectors is also allowed if:
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are accomplished, the purged material 
would be collected and destroyed or recovered in a control device.
    (f) Any connector that is designated as an unsafe-to-repair 
connector is exempt from the requirements of paragraphs (b)(3) and 
(b)(4), (c)(3) and (c)(4), or (d) of this section if:
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (b)(3) and (b)(4), (c)(3) and (c)(4), of this section; or
    (2) The connector will be repaired before the end of the next 
scheduled process unit shutdown.
    (g) The owner or operator shall maintain records to document that 
the connector monitoring or inspections have been conducted as required 
and to document repair of leaking connectors as applicable.



Sec. 63.650  Gasoline loading rack provisions.

    (a) Except as provided in paragraphs (b) through (c) of this 
section, each owner or operator of a gasoline loading rack classified 
under Standard Industrial Classification code 2911 located within a 
contiguous area and under common control with a petroleum refinery shall 
comply with subpart R, Secs. 63.421, 63.422 (a) through (c), 63.425 (a) 
through (c), 63.425 (e) through (h), 63.427 (a) and (b), and 63.428 (b), 
(c), (g)(1), and (h)(1) through (h)(3).
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart R. The Sec. 63.641 definition of ``affected source'' applies 
under this section.
    (c) Gasoline loading racks regulated under this subpart are subject 
to the compliance dates specified in Sec. 63.640(h).

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]

[[Page 838]]



Sec. 63.651  Marine tank vessel loading operation provisions.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, each owner or operator of a marine tank vessel loading 
operation located at a petroleum refinery shall comply with the 
requirements of Secs. 63.560 through 63.567.
    (b) As used in this section, all terms not defined in Sec. 63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart Y. The Sec. 63.641 definition of ``affected source'' applies 
under this section.
    (c) The Initial Notification Report under Sec. 63.567(b) is not 
required.
    (d) The compliance time of 4 years after promulgation of 40 CFR part 
63, subpart Y does not apply. The compliance time is specified in 
Sec. 63.640(h)(3).

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996]



Sec. 63.652  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec. 63.642(g) by using 
emissions averaging according to Sec. 63.642(l) rather than following 
the provisions of Secs. 63.643 through 63.647, and Secs. 63.650 and 
63.651. Existing marine tank vessel loading operations unable to comply 
with the standard by using emissions averaging are those marine tank 
vessels subject to 40 CFR 63.562(e) of this part and the Valdez Marine 
Terminal source.
    (b) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all of the information required in 
Sec. 63.653(d) for all points to be included in an emissions average. 
The Implementation Plan shall identify all emission points to be 
included in the emissions average. This must include any Group 1 
emission points to which the reference control technology (defined in 
Sec. 63.641) is not applied and all other emission points being 
controlled as part of the average.
    (c) The following emission points can be used to generate emissions 
averaging credits if control was applied after November 15, 1990 and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point:
    (1) Group 2 emission points;
    (2) Group 1 storage vessels, Group 1 wastewater streams, Group 1 
gasoline loading racks, Group 1 marine tank vessels, and Group 1 
miscellaneous process vents that are controlled by a technology that the 
Administrator or permitting authority agrees has a higher nominal 
efficiency than the reference control technology. Information on the 
nominal efficiencies for such technologies must be submitted and 
approved as provided in paragraph (i) of this section; and
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percentages of reduction for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the reference control technology been applied to the emission 
point instead of the pollution prevention measure except as provided in 
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 emission point, the pollution prevention 
measure alone does not have to reduce emissions more than the reference 
control technology, but the combination of the pollution prevention 
measure and other controls must reduce emissions more than the reference 
control technology would have had it been applied instead.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990 unless the level of control is increased after November 15, 1990, 
in which case credit will be allowed only for the increase in control 
after November 15, 1990;
    (2) Group 1 emission points that are controlled by a reference 
control technology unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned

[[Page 839]]

according to the procedures in paragraph (i) of this section. For 
example, it is not allowable to claim that an internal floating roof 
meeting only the specifications stated in the reference control 
technology definition in Sec. 63.641 (i.e., that meets the 
specifications of Sec. 63.119(b) of subpart G but does not have 
controlled fittings per Sec. 63.119 (b)(5) and (b)(6) of subpart G) 
applied to a storage vessel is achieving greater than 95 percent 
control;
    (3) Emission points on shutdown process units. Process units that 
are shut down cannot be used to generate credits or debits;
    (4) Wastewater that is not process wastewater or wastewater streams 
treated in biological treatment units. These two types of wastewater 
cannot be used to generate credits or debits. Group 1 wastewater streams 
cannot be left undercontrolled or uncontrolled to generate debits. For 
the purposes of this section, the terms ``wastewater'' and ``wastewater 
stream'' are used to mean process wastewater; and
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart, unless the level of control has been 
increased after November 15, 1990 above what is required by the other 
State or Federal rule. Only the control above what is required by the 
other State or Federal rule will be credited. However, if an emission 
point has been used to generate emissions averaging credit in an 
approved emissions average, and the point is subsequently made subject 
to a State or Federal rule other than this subpart, the point can 
continue to generate emissions averaging credit for the purpose of 
complying with the previously approved average.
    (e) For all points included in an emissions average, the owner or 
operator shall:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology for those emission points. Equations in paragraph (g) 
of this section shall be used to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 or Group 2 
emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit calculation, 
whereas those described in paragraph (d) of this section shall not be 
included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h) of this section are greater than or equal to debits 
calculated for the same annual compliance period according to paragraph 
(g) of this section.
    (i) The initial demonstration in the Implementation Plan that 
credit-generating emission points will be capable of generating 
sufficient credits to offset the debits from the debit-generating 
emission points must be made under representative operating conditions.
    (ii) After the compliance date, actual operating data will be used 
for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 1.30 
times the credits for the same period calculated according to paragraph 
(h) of this section. Compliance for the quarter shall be determined 
based on the ratio of credits and debits from that quarter, with 30 
percent more debits than credits allowed on a quarterly basis.
    (5) Record and report quarterly and annual credits and debits in the 
Periodic Reports as specified in Sec. 63.654(g)(8). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by Sec. 63.654(g)(8)(iii).
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions from the 
following:
    (1) More than 20 individual emission points. Where pollution 
prevention measures (as specified in paragraph (j)(1) of this section) 
are used to control emission points to be included in an emissions 
average, no more than 25 emission points may be included in the average. 
For example, if two emission

[[Page 840]]

points to be included in an emissions average are controlled by 
pollution prevention measures, the average may include up to 22 emission 
points.
    (2) Periods of startup, shutdown, and malfunction as described in 
the source's startup, shutdown, and malfunction plan required by 
Sec. 63.6(e)(3) of subpart A of this part.
    (3) For emission points for which continuous monitors are used, 
periods of excess emissions as defined in Sec. 63.654(g)(6)(i). For 
these periods, the calculation of monthly credits and debits shall be 
adjusted as specified in paragraphs (f)(3)(i) through (f)(3)(iii) of 
this section.
    (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may use the procedures in paragraph (l) 
of this section to demonstrate to the Administrator that full or partial 
credits or debits should be assigned.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level less stringent than the reference control 
technology, and the emissions allowed for Group 1 emission point. Debits 
shall be calculated as follows:
    (1) The overall equation for calculating sourcewide debits is:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.002
    
where:
Debits and all terms of the equation are in units of megagrams per 
month, and
EPViACTUAL=Emissions from each Group 1 miscellaneous process vent i 
that is uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(2) of this section.
(0.02) EPViu=Emissions from each Group 1 miscellaneous process vent 
i if the reference control technology had been applied to the 
uncontrolled emissions, calculated according to paragraph (g)(2) of this 
section.
ESiACTUAL=Emissions from each Group 1 storage vessel i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(3) of this section.
(0.05) ESiu=Emissions from each Group 1 storage vessel i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (g)(3) of this section.
EGLRiACTUAL=Emissions from each Group 1 gasoline loading rack i 
that is uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(4) of this section.
EGLRic=Emissions from each Group 1 gasoline loading rack i if the 
reference control technology had been applied to the uncontrolled 
emissions. This is calculated according to paragraph (g)(4) of this 
section.
EMVACTUAL=Emissions from each Group 1 marine tank vessel i that is 
uncontrolled or is controlled to a level less stringent than the 
reference control technology. This is calculated according to paragraph 
(g)(5) of this section.
(0.03) EMViu=Emissions from each Group 1 marine tank vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions calculated according to paragraph (g)(5) of this section.

[[Page 841]]

n=The number of Group 1 emission points being included in the emissions 
average. The value of n is not necessarily the same for each kind of 
emission point.

    (2) Emissions from miscellaneous process vents shall be calculated 
as follows:
    (i) For purposes of determining miscellaneous process vent stream 
flow rate, organic HAP concentrations, and temperature, the sampling 
site shall be after the final product recovery device, if any recovery 
devices are present; before any control device (for miscellaneous 
process vents, recovery devices shall not be considered control 
devices); and before discharge to the atmosphere. Method 1 or 1A of part 
60, appendix A shall be used for selection of the sampling site.
    (ii) The following equation shall be used for each miscellaneous 
process vent i to calculate EPViu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.003

where:
EPViu=Uncontrolled process vent emission rate from miscellaneous 
process vent i, megagrams per month.
Q=Vent stream flow rate, dry standard cubic meters per minute, measured 
using Methods 2, 2A, 2C, or 2D of part 60 appendix A, as appropriate.
h=Monthly hours of operation during which positive flow is present in 
the vent, hours per month.
Cj=Concentration, parts per million by volume, dry basis, of 
organic HAP j as measured by Method 18 of part 60 appendix A.
Mj=Molecular weight of organic HAP j, gram per gram-mole.
n=Number of organic HAP's in the miscellaneous process vent stream.

    (A) The values of Q, Cj, and Mj shall be determined during 
a performance test conducted under representative operating conditions. 
The values of Q, Cj, and Mj shall be established in the 
Notification of Compliance Status report and must be updated as provided 
in paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q, Cj, and Mj are no longer 
representative, a new performance test shall be conducted to determine 
new representative values of Q, Cj, and Mj. These new values 
shall be used to calculate debits and credits from the time of the 
change forward, and the new values shall be reported in the next 
Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where EPViu is 
calculated according to the procedures in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.004

    (1) The percent reduction shall be measured according to the 
procedures in Sec. 63.116 of subpart G if a combustion control device is 
used. For a flare meeting the criteria in Sec. 63.116(a) of subpart G, 
or a boiler or process heater meeting the criteria in Sec. 63.645(d) of 
this subpart or Sec. 63.116(b) of subpart G, the percentage of reduction 
shall be 98 percent. If a noncombustion control device is used, 
percentage of reduction shall be demonstrated by a performance test at 
the inlet and outlet of the device, or, if testing is not feasible, by

[[Page 842]]

a control design evaluation and documented engineering calculations.
    (2) For determining debits from miscellaneous process vents, product 
recovery devices shall not be considered control devices and cannot be 
assigned a percentage of reduction in calculating EPViACTUAL. The 
sampling site for measurement of uncontrolled emissions is after the 
final product recovery device.
    (3) Procedures for calculating the percentage of reduction of 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (3) Emissions from storage vessels shall be calculated as specified 
in Sec. 63.150(g)(3) of subpart G.
    (4) Emissions from gasoline loading racks shall be calculated as 
follows:
    (i) The following equation shall be used for each gasoline loading 
rack i to calculate EGLRiu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.005

where:
EGLRiu=Uncontrolled transfer HAP emission rate from gasoline 
loading rack i, megagrams per month
S=Saturation factor, dimensionless (see table 33 of subpart G).
P=Weighted average rack partial pressure of organic HAP's transferred at 
the rack during the month, kilopascals.
M=Weighted average molecular weight of organic HAP's transferred at the 
gasoline loading rack during the month, gram per gram-mole.
G=Monthly volume of gasoline transferred from gasoline loading rack, 
liters per month.
T=Weighted rack bulk liquid loading temperature during the month, 
degrees kelvin (degrees Celsius  deg.C + 273).
    (ii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack partial pressure:
[GRAPHIC] [TIFF OMITTED] TR18AU95.006

where:
Pj=Maximum true vapor pressure of individual organic HAP 
transferred at the rack, kilopascals.
G=Monthly volume of organic HAP transferred, liters per month, and
[GRAPHIC] [TIFF OMITTED] TR18AU95.007

Gj=Monthly volume of individual organic HAP transferred at the 
gasoline loading rack, liters per month.
n=Number of organic HAP's transferred at the gasoline loading rack.
    (iii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack molecular weight:
[GRAPHIC] [TIFF OMITTED] TR18AU95.008

where:
Mj=Molecular weight of individual organic HAP transferred at the 
rack, gram per gram-mole.
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
section.

(iv) The following equation shall be used for each gasoline loading rack 
i to calculate the monthly weighted rack bulk liquid loading 
temperature:
[GRAPHIC] [TIFF OMITTED] TR18AU95.009

Tj=Average annual bulk temperature of individual organic HAP loaded 
at the gasoline loading rack, kelvin (degrees Celsius  deg.C+273).
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
section.

    (v) The following equation shall be used to calculate EGLRic:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.010
    
    G is as defined in paragraph (g)(4)(ii) of this section.
    (vi) The following procedures and equations shall be used to 
calculate EGLRiACTUAL:

[[Page 843]]

    (A) If the gasoline loading rack is not controlled, 
EGLRiACTUAL=EGLRiu, where EGLRiu is calculated using the 
equations specified in paragraphs (g)(4)(i) through (g)(4)(iv) of this 
section.
    (B) If the gasoline loading rack is controlled using a control 
device or a pollution prevention measure not achieving the requirement 
of less than 10 milligrams of TOC per liter of gasoline loaded,
[GRAPHIC] [TIFF OMITTED] TR18AU95.010

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec. 63.128(a) 
of subpart G. If testing is not feasible, the percentage of reduction 
shall be determined through a design evaluation according to the 
procedures specified in Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (5) Emissions from marine tank vessel loading shall be calculated as 
follows:
    (i) The following equation shall be used for each marine tank vessel 
i to calculate EMViu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.012

where:
EMViu=Uncontrolled marine tank vessel HAP emission rate from marine 
tank vessel i, megagrams per month.
Qi=Quantity of commodity loaded (per vessel type), liters.
Fi=Emission factor, megagrams per liter.
Pi=Percent HAP.
m=Number of combinations of commodities and vessel types loaded.

    Emission factors shall be based on test data or emission estimation 
procedures specified in Sec. 63.565(l) of subpart Y.
    (ii) The following procedures and equations shall be used to 
calculate EMViACTUAL:
    (A) If the marine tank vessel is not controlled, 
EMViACTUAL=EMViu, where EMViu is calculated using the 
equations specified in paragraph (g)(5)(i) of this section.
    (B) If the marine tank vessel is controlled using a control device 
or a pollution prevention measure achieving less than 97-percent 
reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.013

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec. 63.565(c) 
of subpart Y. If testing is not feasible, the percentage of reduction 
shall be determined through a design evaluation according to the 
procedures specified in Sec. 63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal

[[Page 844]]

rule or statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating sourcewide credits is:

    [GRAPHIC] [TIFF OMITTED] TR12JN96.000
    
where:

    Credits and all terms of the equation are in units of megagrams per 
month, the baseline date is November 15, 1990, and

D=Discount factor=0.9 for all credit-generating emission points except 
those controlled by a pollution prevention measure, which will not be 
discounted.
EPV1iACTUAL=Emissions for each Group 1 miscellaneous process vent i 
that is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(2) of this section.
(0.02) EPV1iu=Emissions from each Group 1 miscellaneous process 
vent i if the reference control technology had been applied to the 
uncontrolled emissions. EPV1iu is calculated according to paragraph 
(h)(2) of this section.
EPV2iBASE=Emissions from each Group 2 miscellaneous process vent; 
at the baseline date, as calculated in paragraph (h)(2) of this section.
EPV2iACTUAL=Emissions from each Group 2 miscellaneous process vent 
that is controlled, calculated according to paragraph (h)(2) of this 
section.
ES1iACTUAL=Emissions from each Group 1 storage vessel i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(3) of this section.
(0.05) ES1iu=Emissions from each Group 1 storage vessel i if the 
reference control technology had been applied to the uncontrolled 
emissions. ES1iu is calculated according to paragraph (h)(3) of 
this section.
ES2iACTUAL=Emissions from each Group 2 storage vessel i that is 
controlled, calculated according to paragraph (h)(3) of this section.
ES2iBASE=Emissions from each Group 2 storage vessel i at the 
baseline date, as calculated in paragraph (h)(3) of this section.
EGLR1iACTUAL=Emissions from each Group 1 gasoline loading rack i 
that is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(4) of this section.
EGLRic=Emissions from each Group 1 gasoline loading rack i if the 
reference control technology had been

[[Page 845]]

applied to the uncontrolled emissions. EGLRiu is calculated 
according to paragraph (h)(4) of this section.
EGRL2iACTUAL=Emissions from each Group 2 gasoline loading rack i 
that is controlled, calculated according to paragraph (h)(4) of this 
section.
EGLR2iBASE=Emissions from each Group 2 gasoline loading rack i at 
the baseline date, as calculated in paragraph (h)(4) of this section.
EMV1iACTUAL=Emissions from each Group 1 marine tank vessel i that 
is controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(4) of this section.
(0.03)EMV1iu=Emissions from each Group 1 marine tank vessel i if 
the reference control technology had been applied to the uncontrolled 
emissions. EMV1iu is calculated according to paragraph (h)(5) of 
this section.
EMV2iACTUAL=Emissions from each Group 2 marine tank vessel i that 
is controlled, calculated according to paragraph (h)(5) of this section.
EMV2iBASE=Emissions from each Group 2 marine tank vessel i at the 
baseline date, as calculated in paragraph (h)(5) of this section.
EWW1iACTUAL=Emissions from each Group 1 wastewater stream i that is 
controlled to a level more stringent than the reference control 
technology, calculated according to paragraph (h)(6) of this section.
EWW1ic=Emissions from each Group 1 wastewater stream i if the 
reference control technology had been applied to the uncontrolled 
emissions, calculated according to paragraph (h)(6) of this section.
EWW2iACTUAL=Emissions from each Group 2 wastewater stream i that is 
controlled, calculated according to paragraph (h)(6) of this section.
EWW2iBASE=Emissions from each Group 2 wastewater stream i at the 
baseline date, calculated according to paragraph (h)(6) of this section.
n=Number of Group 1 emission points included in the emissions average. 
The value of n is not necessarily the same for each kind of emission 
point.
m=Number of Group 2 emission points included in the emissions average. 
The value of m is not necessarily the same for each kind of emission 
point.

    (i) For an emission point controlled using a reference control 
technology, the percentage of reduction for calculating credits shall be 
no greater than the nominal efficiency associated with the reference 
control technology, unless a higher nominal efficiency is assigned as 
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from miscellaneous process vents, 
EPV1iu, shall be calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this 
section.
    (ii) Actual emissions from miscellaneous process vents controlled 
using a technology with an approved nominal efficiency greater than 98 
percent or a pollution prevention measure achieving greater than 98 
percent emission reduction, EPV1iACTUAL, shall be calculated 
according to the following equation:

[[Page 846]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.015


    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 process vents, EPV2iACTUAL:
    (A) For a Group 2 process vent controlled by a control device, a 
recovery device applied as a pollution prevention project, or a 
pollution prevention measure, if the control achieves a percentage of 
reduction less than or equal to a 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.016

    (1) EPV2iu shall be calculated according to the equations and 
procedures for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this 
section except as provided in paragraph (h)(2)(iii)(A)(3) of this 
section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution prevention 
project, EPV2iu shall be calculated prior to that recovery device. 
The equation for EPViu in paragraph (g)(2)(ii) of this section 
shall be used to calculate EPV2iu; however, the sampling site for 
measurement of vent stream flow rate and organic HAP concentration shall 
be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution prevention 
project, the percentage of reduction shall be demonstrated by conducting 
a performance test at the inlet and outlet of that recovery device.
    (B) For a Group 2 process vent controlled using a technology with an 
approved nominal efficiency greater than a 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.017

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE=EPV2iu, and shall be calculated according to the 
procedures and equation for EPViu in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR18AU95.018
    

[[Page 847]]


where EPV2iu is calculated according to the procedures and equation 
for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this section. 
The percentage of reduction shall be calculated according to the 
procedures specified in paragraphs (g)(2)(iii)(B)(1) through 
(g)(2)(iii)(B)(3) of this section.
    (C) If a recovery device was added to a process vent as part of a 
pollution prevention project initiated after November 15, 1990, 
EPV2iBASE=EPV2iu, where EPV2iu is calculated according to 
paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as specified 
in Sec. 63.150(h)(3) of subpart G, except as follows:
    (i) All references to Sec. 63.119(b) in Sec. 63.150(h)(3) of subpart 
G shall be replaced with: Sec. 63.119 (b) or Sec. 63.119(b) except for 
Sec. 63.119(b)(5) and (b)(6).
    (ii) All references to Sec. 63.119(c) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119(c) or Sec. 63.119(c) 
except for Sec. 63.119(c)(2).
    (iii) All references to Sec. 63.119(d) in Sec. 63.150(h)(3) of 
subpart G shall be replaced with: Sec. 63.119(d) or Sec. 63.119(d) 
except for Sec. 63.119(d)(2).
    (4) Emissions from gasoline loading racks shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 gasoline loading racks, 
EGLR1iu, shall be calculated according to the procedures and 
equations for EGLRiu as described in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section.
    (ii) Emissions from Group 1 gasoline loading racks if the reference 
control technology had been applied, EGLRic, shall be calculated 
according to the procedures and equations in paragraph (g)(4)(v) of this 
section.
    (iii) Actual emissions from Group 1 gasoline loading racks 
controlled to less than 10 milligrams of TOC per liter of gasoline 
loaded; EGLRiACTUAL, shall be calculated according to the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.019

    (iv) The following procedures shall be used to calculate actual 
emissions from Group 2 gasoline loading racks, EGLR2iACTUAL:
    (A) For a Group 2 gasoline loading rack controlled by a control 
device or a pollution prevention measure achieving emissions reduction 
but where emissions are greater than the 10 milligrams of TOC per liter 
of gasoline loaded requirement,
[GRAPHIC] [TIFF OMITTED] TR18AU95.020

    (1) EGLR2iu shall be calculated according to the equations and 
procedures for EGLRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of 
this section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of this 
section.
    (B) For a Group 2 gasoline loading rack controlled by using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than a 98-percent 
reduction,

[[Page 848]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.021


    (v) Emissions from Group 2 gasoline loading racks at baseline, 
EGLR2iBASE, shall be calculated as follows:
    (A) If the gasoline loading rack was uncontrolled on November 15, 
1990, EGLR2iBASE=EGLR2iu, and shall be calculated according to 
the procedures and equations for EGLRiu in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (B) If the gasoline loading rack was controlled on November 15, 
1990,
[GRAPHIC] [TIFF OMITTED] TR18AU95.022

where EGLR2iu is calculated according to the procedures and 
equations for EGLRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of 
this section. Percentage of reduction shall be calculated according to 
the procedures in paragraphs (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of 
this section.
    (5) Emissions from marine tank vessels shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 marine tank vessels, 
EMV1iu, shall be calculated according to the procedures and 
equations for EMViu as described in paragraph (g)(5)(i) of this 
section.
    (ii) Actual emissions from Group 1 marine tank vessels controlled 
using a technology or pollution prevention measure with an approved 
nominal efficiency greater than 97 percent, EMViACTUAL, shall be 
calculated according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.023

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 marine tank vessels, EMV2iACTUAL:
    (A) For a Group 2 marine tank vessel controlled by a control device 
or a pollution prevention measure achieving a percentage of reduction 
less than or equal to 97 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.024

    (1) EMV2iu shall be calculated according to the equations and 
procedures for EMViu in paragraph (g)(5)(i) of this section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this 
section.

[[Page 849]]

    (B) For a Group 2 marine tank vessel controlled using a technology 
or a pollution prevention measure with an approved nominal efficiency 
greater than 97 percent,
[GRAPHIC] [TIFF OMITTED] TR18AU95.025

    (iv) Emissions from Group 2 marine tank vessels at baseline, 
EMV2iBASE, shall be calculated as follows:
    (A) If the marine terminal was uncontrolled on November 15, 1990, 
EMV2iBASE equals EMV2iu, and shall be calculated according to 
the procedures and equations for EMViu in paragraph (g)(5)(i) of 
this section.
    (B) If the marine tank vessel was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR18AU95.026
    
where EMV2iu is calculated according to the procedures and 
equations for EMViu in paragraph (g)(5)(i) of this section. 
Percentage of reduction shall be calculated according to the procedures 
in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this section.
    (6) Emissions from wastewater shall be determined as follows:
    (i) For purposes of paragraphs (h)(4)(ii) through (h)(4)(vi) of this 
section, the following terms will have the meaning given them in 
paragraphs (h)(6)(i)(A) through (h)(6)(i)(C) of this section.
    (A) Correctly suppressed means that a wastewater stream is being 
managed according to the requirements of Secs. 61.343 through 61.347 or 
Sec. 61.342(c)(l)(iii) of 40 CFR part 61, subpart FF, as applicable, and 
the emissions from the waste management units subject to those 
requirements are routed to a control device that reduces HAP emissions 
by 95 percent or greater.
    (B) Treatment process has the meaning given in Sec. 61.341 of 40 CFR 
part 61, subpart FF except that it does not include biological treatment 
units.
    (C) Vapor control device means the control device that receives 
emissions vented from a treatment process or treatment processes.
    (ii) The following equation shall be used for each wastewater stream 
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.027

where:

EWWic = Monthly wastewater stream emission rate if wastewater 
stream i were controlled by the reference control technology, megagrams 
per month.
Qi = Average flow rate for wastewater stream i, liters per minute.
Hi = Number of hours during the month that wastewater stream i was 
generated, hours per month.
Frm=Fraction removed of organic HAP m in wastewater, from table 7 
of this subpart, dimensionless.

[[Page 850]]

Fem=Fraction emitted of organic HAP m in wastewater from table 7 of 
this subpart, dimensionless.
s=Total number of organic HAP's in wastewater stream i.
HAPim=Average concentration of organic HAP m in wastewater stream 
i, parts per million by weight.

    (A) HAPim shall be determined for the point of generation or at 
a location downstream of the point of generation. Wastewater samples 
shall be collected using the sampling procedures specified in Method 25D 
of 40 CFR part 60, appendix A. Where feasible, samples shall be taken 
from an enclosed pipe prior to the wastewater being exposed to the 
atmosphere. When sampling from an enclosed pipe is not feasible, a 
minimum of three representative samples shall be collected in a manner 
to minimize exposure of the sample to the atmosphere and loss of organic 
HAP's prior to sampling. The samples collected may be analyzed by either 
of the following procedures:
    (1) A test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated pursuant to section 5.1 or 5.3 of Method 301 of appendix A of 
this part may be used; or
    (2) Method 305 of appendix A of this part may be used to determine 
Cim, the average volatile organic HAP concentration of organic HAP 
m in wastewater stream i, and then HAPim may be calculated using 
the following equation: HAPim=Cim/Fmm, where Fmm for 
organic HAP m is obtained from table 7 of this subpart.
    (B) Values for Qi, HAPim, and Cim shall be determined 
during a performance test conducted under representative conditions. The 
average value obtained from three test runs shall be used. The values of 
Qi, HAPim, and Cim shall be established in the 
Notification of Compliance Status report and must be updated as provided 
in paragraph (h)(6)(i)(C) of this section.
    (C) If there is a change to the process or operation such that the 
previously measured values of Qi, HAPim, and Cim are no 
longer representative, a new performance test shall be conducted to 
determine new representative values of Qi, HAPim, and 
Cim. These new values shall be used to calculate debits and credits 
from the time of the change forward, and the new values shall be 
reported in the next Periodic Report.
    (iii) The following equations shall be used to calculate 
EWW1iACTUAL for each Group 1 wastewater stream i that is correctly 
suppressed and is treated to a level more stringent than the reference 
control technology.
    (A) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, and the vapor 
control device achieves a percentage of reduction equal to 95 percent, 
the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.028

Where:

EWWiACTUAL=Monthly wastewater stream emission rate if wastewater 
stream i is treated to a level more stringent than the reference control 
technology, megagrams per month.
PRim=The efficiency of the treatment process, or series of 
treatment processes, that treat wastewater stream i in reducing the 
emission potential of organic HAP m in wastewater, dimensionless, as 
calculated by:
[GRAPHIC] [TIFF OMITTED] TR18AU95.029

Where:

HAPim-in=Average concentration of organic HAP m, parts per million 
by weight, as defined and determined according to paragraph 
(h)(6)(ii)(A) of this section, in the wastewater

[[Page 851]]

entering the first treatment process in the series.
HAPim-out=Average concentration of organic HAP m, parts per million 
by weight, as defined and determined according to paragraph 
(h)(6)(ii)(A) of this section, in the wastewater exiting the last 
treatment process in the series.

All other terms are as defined and determined in paragraph (h)(6)(ii) of 
this section.
    (B) If the Group 1 wastewater stream i is not controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, but the vapor 
control device has an approved nominal efficiency greater than 95 
percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.030

Where:

Nominal efficiency=Approved reduction efficiency of the vapor control 
device, dimensionless, as determined according to the procedures in 
Sec. 63.652(i).
Am=The efficiency of the treatment process, or series of treatment 
processes, that treat wastewater stream i in reducing the emission 
potential of organic HAP m in wastewater, dimensionless.

All other terms are as defined and determined in paragraphs (h)(6)(ii) 
and (h)(6)(iii)(A) of this section.
    (1) If a steam stripper meeting the specifications in the definition 
of reference control technology for wastewater is used, Am shall be 
equal to the value of Frm given in table 7 of this subpart.
    (2) If an alternative control device is used, the percentage of 
reduction must be determined using the equation and methods specified in 
paragraph (h)(6)(iii)(A) of this section for determining PRim. If 
the value of PRim is greater than or equal to the value of Frm 
given in table 7 of this subpart, then Am equals Frm unless a 
higher nominal efficiency has been approved. If a higher nominal 
efficiency has been approved for the treatment process, the owner or 
operator shall determine EWW1iACTUAL according to paragraph 
(h)(6)(iii)(B) of this section rather than paragraph (h)(6)(iii)(A) of 
this section. If PRim is less than the value of FRm given in 
table 7 of this subpart, emissions averaging shall not be used for this 
emission point.
    (C) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated hazardous air 
pollutant that is greater than that specified in table 7 of this 
subpart, and the vapor control device has an approved nominal efficiency 
greater than 95 percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.031

where all terms are as defined and determined in paragraphs (h)(6)(ii) 
and (h)(6)(iii)(A) of this section.
    (iv) The following equation shall be used to calculate 
EWW2iBASE for each Group 2 wastewater stream i that on November 15, 
1990 was not correctly suppressed or was correctly suppressed but not 
treated:

[[Page 852]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.032


Where:

EWW2iBASE=Monthly wastewater stream emission rate if wastewater 
stream i is not correctly suppressed, megagrams per month.

Qi, Hi, s, Fem, and HAPim are as defined and 
determined according to paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of this 
section.
    (v) The following equation shall be used to calculate EWW2iBASE 
for each Group 2 wastewater stream i on November 15, 1990 was correctly 
suppressed. EWW2iBASE shall be calculated as if the control methods 
being used on November 15, 1990 are in place and any control methods 
applied after November 15, 1990 are ignored. However, values for the 
parameters in the equation shall be representative of present production 
levels and stream properties.
[GRAPHIC] [TIFF OMITTED] TR18AU95.033

where Ri is calculated according to paragraph (h)(6)(vii) of this 
section and all other terms are as defined and determined according to 
paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of this section.
    (vi) For Group 2 wastewater streams that are correctly suppressed, 
EWW2iACTUAL shall be calculated according to the equation for 
EWW2iBASE in paragraph (h)(6)(v) of this section. EWW2iACTUAL 
shall be calculated with all control methods in place accounted for.
    (vii) The reduction efficiency, Ri, of the vapor control device 
shall be demonstrated according to the following procedures:
    (A) Sampling sites shall be selected using Method 1 or 1A of 40 CFR 
part 60, appendix A, as appropriate.
    (B) The mass flow rate of organic compounds entering and exiting the 
control device shall be determined as follows:
    (1) The time period for the test shall not be less than 3 hours 
during which at least three runs are conducted.
    (2) A run shall consist of a 1-hour period during the test. For each 
run:
    (i) The volume exhausted shall be determined using Methods 2, 2A, 
2C, or 2D of 40 CFR part 60 appendix A, as appropriate;
    (ii) The organic concentration in the vent stream entering and 
exiting the control device shall be determined using Method 18 of 40 CFR 
part 60, appendix A. Alternatively, any other test method validated 
according to the procedures in Method 301 of appendix A of this part may 
be used.
    (3) The mass flow rate of organic compounds entering and exiting the 
control device during each run shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18AU95.034

Where:

Ea=Mass flow rate of organic compounds exiting the control device, 
kilograms per hour.
Eb=Mass flow rate of organic compounds entering the control device, 
kilograms per hour.
Vap=Average volumetric flow rate of vent stream exiting the control 
device during run p at standards conditions, cubic meters per hour.

[[Page 853]]

Vbp = Average volumetric flow rate of vent stream entering the 
control device during run p at standards conditions, cubic meters per 
hour.
p = Run.
m = Number of runs.
Caip = Concentration of organic compound i measured in the vent 
stream exiting the control device during run p as determined by Method 
18 of 40 CFR part 60 appendix A, parts per million by volume on a dry 
basis.
Cbip = Concentration of organic compound i measured in the vent 
stream entering the control device during run p as determined by Method 
18 of 40 CFR part 60, appendix A, parts per million by volume on a dry 
basis.
MWi = Molecular weight of organic compound i in the vent stream, 
kilograms per kilogram-mole.
n = Number of organic compounds in the vent stream.
0.0416 = Conversion factor for molar volume, kilograms-mole per cubic 
meter at 293 kelvin and 760 millimeters mercury absolute.

    (C) The organic reduction efficiency for the control device shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18AU95.035

Where:

R = Total organic reduction efficiency for the control device, 
percentage.
Eb = Mass flow rate of organic compounds entering the control 
device, kilograms per hour.
Ea = Mass flow rate of organic compounds exiting the control 
device, kilograms per hour.

    (i) The following procedures shall be followed to establish nominal 
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this 
section shall be followed for control technologies that are different in 
use or design from the reference control technologies and achieve 
greater percentages of reduction than the percentages of efficiency 
assigned to the reference control technologies in Sec. 63.641.
    (1) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology, and the different 
control technology will be used in more than three applications at a 
single plant site, the owner or operator shall submit the information 
specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to 
the Administrator in writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance;
    (ii) Description of the control technology including design 
specifications;
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA method 
or any other method validated according to Method 301 of appendix A of 
this part. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented; and
    (iv) A description of the parameter or parameters to be monitored to 
ensure that the control technology will be operated in conformance with 
its design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall have 
a nominal efficiency and the level of that nominal efficiency. If, in 
the Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of

[[Page 854]]

emission point, the Administrator will publish a Federal Register notice 
establishing a nominal efficiency for the control technology.
    (4) The Administrator may grant conditional permission to take 
emission credits for use of the control technology on requirements that 
may be necessary to ensure operation and maintenance to achieve the 
specified nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology and the different 
control technology will be used in no more than three applications at a 
single plant site, the information listed in paragraphs (i)(1)(i) 
through (i)(1)(iv) of this section can be submitted to the permitting 
authority for the source for approval instead of the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology can be approved by the permitting authority. The permitting 
authority shall follow the procedures specified in paragraphs (i)(2) 
through (i)(4) of this section except that, in these instances, a 
Federal Register notice is not required to establish the nominal 
efficiency for the different technology.
    (ii) If, in reviewing the submittal, the permitting authority 
believes the control technology has broad applicability for use by other 
sources, the permitting authority shall submit the information provided 
in the application to the Director of the EPA Office of Air Quality 
Planning and Standards. The Administrator shall review the technology 
for broad applicability and may publish a Federal Register notice; 
however, this review shall not affect the permitting authority's 
approval of the nominal efficiency of the control technology for the 
specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines the 
control technology is not different in use or design from the reference 
control technology, the Administrator or permitting authority shall deny 
the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percentage of reduction) of pollution prevention measures:
    (1) A pollution prevention measure is any practice that meets the 
criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a 
lesser quantity of organic HAP emissions per unit of product released to 
the atmosphere prior to out-of-process recycling, treatment, or control 
of emissions while the same product is produced.
    (ii) Pollution prevention measures may include: Substitution of 
feedstocks that reduce HAP emissions, alterations to the production 
process to reduce the volume of materials released to the environment, 
equipment modifications; housekeeping measures, and in-process recycling 
that returns waste materials directly to production as raw materials. 
Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990 can be used in calculating 
the actual emissions from an emission point in the debit and credit 
equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percentage of reduction 
used in the equations in paragraphs (g)(2) and (g)(3) of this section 
and paragraphs (h)(2) through (h)(4) of this section is the difference 
in percentage between the monthly organic HAP emissions for each 
emission point after the pollution prevention measure for the most 
recent month versus monthly emissions from the same emission point 
before the pollution prevention measure, adjusted by the volume of 
product produced during the two monthly periods.
    (ii) The following equation shall be used to calculate the 
percentage of reduction of a pollution prevention measure for each 
emission point.

[[Page 855]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.036


Where:

Percent reduction=Efficiency of pollution prevention measure (percentage 
of organic HAP reduction).
EB=Monthly emissions before the pollution prevention measure, 
megagrams per month, determined as specified in paragraphs 
(j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of this section.
Epp=Monthly emissions after the pollution prevention measure, 
megagrams per month, as determined for the most recent month, determined 
as specified in paragraphs (j)(2)(ii)(D) or (j)(2)(ii)(E) of this 
section.
PB=Monthly production before the pollution prevention measure, 
megagrams per month, during the same period over which EB is 
calculated.
Ppp=Monthly production after the pollution prevention measure, 
megagrams per month, as determined for the most recent month.

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the equations 
and procedures in paragraphs (g)(2), (g)(3), (g)(4), and (g)(5) of this 
section for miscellaneous process vents, storage vessels, gasoline 
loading racks, and marine tank vessels.
    (B) For wastewater, EB shall be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.037
    
where:

n=Number of wastewater streams.
QBi=Average flow rate for wastewater stream i before the pollution 
prevention measure, liters per minute.
HBi=Number of hours per month that wastewater stream i was 
discharged before the pollution prevention measure, hours per month.
s=Total number of organic HAP's in wastewater stream i.
Fem=Fraction emitted of organic HAP m in wastewater from table 7 of 
this subpart, dimensionless.
HAPBim=Average concentration of organic HAP m in wastewater stream 
i, defined and determined according to paragraph (h)(6)(ii)(A)(2) of 
this section, before the pollution prevention measure, parts per million 
by weight, as measured before the implementation of the pollution 
measure.

    (C) If the pollution prevention measure was implemented prior to 
July 14, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a design 
evaluation and documented engineering calculations. Once an emissions-
to-production ratio has been established, the ratio can be used to 
estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the following 
equation:

[[Page 856]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.038


where n, Q, H, s, Fem, and HAP are defined and determined as 
described in paragraph (j)(2)(ii)(B) of this section except that 
Qppi, Hppi, and HAPppim shall be determined after the 
pollution prevention measure has been implemented.
    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percentage of reduction 
achieved by a pollution prevention measure for each emission point shall 
be fully documented.
    (iv) The same pollution prevention measure may reduce emissions from 
multiple emission points. In such cases, the percentage of reduction in 
emissions for each emission point must be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(6) of this section used to calculate credits for emission points 
controlled more stringently than the reference control technology, the 
nominal efficiency of a pollution prevention measure is equivalent to 
the percentage of reduction of the pollution prevention measure. When a 
pollution prevention measure is used, the owner or operator of a source 
is not required to apply to the Administrator for a nominal efficiency 
and is not subject to paragraph (i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from 
the emission points proposed to be included in the average will not 
result in greater hazard or, at the option of the State or local 
permitting authority, greater risk to human health or the environment 
than if the emission points were controlled according to the provisions 
in Secs. 63.643 through 63.647, and Secs. 63.650 and 63.651.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the State or local permitting authority.
    (i) The State or local permitting authority may require owners and 
operators to use specific methodologies and procedures for making a 
hazard or risk determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
may be made according to any guidance that the EPA makes available for 
use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their Implementation Plan.
    (3) An emissions averaging plan that does not demonstrate an 
equivalent or lower hazard or risk to the satisfaction of the State or 
local permitting authority shall not be approved. The State or local 
permitting authority may require such adjustments to the emissions 
averaging plan as are necessary in order to ensure that the average will 
not result in greater hazard or risk to human health or the environment 
than would result if the emission points were controlled according to 
Secs. 63.643 through 63.647, and Secs. 63.650 and 63.651.
    (4) A hazard or risk equivalency demonstration shall:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the State or local permitting 
authority for such demonstrations.
    (l) For periods of excess emissions, an owner or operator may 
request that the provisions of paragraphs (l)(1) through (l)(4) of this 
section be followed instead of the procedures in paragraphs (f)(3)(i) 
and (f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of excess 
emissions in the Periodic Reports as required in Sec. 63.654(g)(6).
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to establish 
that the control device for the emission point

[[Page 857]]

was operating in such a fashion to warrant assigning full or partial 
credits and debits. This demonstration shall be made to the 
Administrator's satisfaction, and the Administrator may establish 
procedures for demonstrating compliance that are acceptable.
    (3) The owner or operator shall provide documentation of the period 
of excess emissions and the other type of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning full 
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.

[60 FR 43260, Aug. 18, 1995; 60 FR 49976, Sept. 27, 1995; 61 FR 7051, 
Feb. 23, 1996, as amended at 61 FR 29881, June 12, 1996; 61 FR 33799, 
June 28, 1996]



Sec. 63.653  Monitoring, recordkeeping, and implementation plan for emission averaging.

    (a) For each emission point included in an emissions average, the 
owner or operator shall perform testing, monitoring, recordkeeping, and 
reporting equivalent to that required for Group 1 emission points 
complying with Secs. 63.643 through 63.647, and Secs. 63.650 and 63.651. 
The specific requirements for miscellaneous process vents, storage 
vessels, wastewater, gasoline loading racks, and marine tank vessels are 
identified in paragraphs (a)(1) through (a)(7) of this section.
    (1) The source shall implement the following testing, monitoring, 
recordkeeping, and reporting procedures for each miscellaneous process 
vent equipped with a flare, incinerator, boiler, or process heater:
    (i) Conduct initial performance tests to determine the percentage of 
reduction as specified in Sec. 63.645 of this subpart and Sec. 63.116 of 
subpart G; and
    (ii) Monitor the operating parameters specified in Sec. 63.644, as 
appropriate for the specific control device.
    (2) The source shall implement the following procedures for each 
miscellaneous process vent, equipped with a carbon adsorber, absorber, 
or condenser but not equipped with a control device:
    (i) Determine the flow rate and organic HAP concentration using the 
methods specified in Sec. 63.115 (a)(1) and (a)(2), Sec. 63.115 (b)(1) 
and (b)(2), and Sec. 63.115(c)(3) of subpart G; and
    (ii) Monitor the operating parameters specified in Sec. 63.114 of 
subpart G, as appropriate for the specific recovery device.
    (3) The source shall implement the following procedures for each 
storage vessel controlled with an internal floating roof, external roof, 
or a closed vent system with a control device, as appropriate to the 
control technique:
    (i) Perform the monitoring or inspection procedures in Sec. 63.646 
of this subpart and Sec. 63.120 of subpart G; and
    (ii) For closed vent systems with control devices, conduct an 
initial design evaluation as specified in Sec. 63.646 of this subpart 
and Sec. 63.120(d) of subpart G.
    (4) For each gasoline loading rack that is controlled, perform the 
testing and monitoring procedures specified in Secs. 63.425 and 63.427 
of subpart R of this part except Sec. 63.425(d) or Sec. 63.427(c).
    (5) For each marine tank vessel that is controlled, perform the 
compliance, monitoring, and performance testing, procedures specified in 
Secs. 63.563, 63.564, and 63.565 of subpart Y of this part.
    (6) The source shall implement the following procedures for 
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec. 61.355 of subpart FF of part 60;
    (ii) Conduct inspections and monitoring as specified in Secs. 61.343 
through 61.349 and Sec. 61.354 of 40 CFR part 61, subpart FF.
    (7) If an emission point in an emissions average is controlled using 
a pollution prevention measure or a device or technique for which no 
monitoring parameters or inspection procedures are specified in 
Secs. 63.643 through 63.647 and Secs. 63.650 and 63.651, the owner or 
operator shall establish a site-specific monitoring parameter and shall 
submit the information specified in Sec. 63.654(h)(4) in the 
Implementation Plan.
    (b) Records of all information required to calculate emission debits 
and credits and records required by Sec. 63.654 shall be retained for 5 
years.

[[Page 858]]

    (c) Notifications of Compliance Status report, Periodic Reports, and 
other reports shall be submitted as required by Sec. 63.654.
    (d) Each owner or operator of an existing source who elects to 
comply with Sec. 63.654 (g) and (h) by using emissions averaging for any 
emission points shall submit an Implementation Plan.
    (1) The Implementation Plan shall be submitted no later than 18 
months prior to the compliance date in Sec. 63.640(h). This information 
may be submitted in an operating permit application, in an amendment to 
an operating permit application, in a separate submittal, or in any 
combination of the three. If an owner or operator submits the 
information specified in paragraph (d)(2) of this section at different 
times, and/or in different submittals, later submittals may refer to 
earlier submittals instead of duplicating the previously submitted 
information.
    (2) The Implementation Plan shall include the information specified 
in paragraphs (d)(2)(i) through (d)(2)(ix) of this section for all 
points included in the average.
    (i) The identification of all emission points in the planned 
emissions average and notation of whether each emission point is a Group 
1 or Group 2 emission point as defined in Sec. 63.641.
    (ii) The projected annual emission debits and credits for each 
emission point and the sum for the emission points involved in the 
average calculated according to Sec. 63.652. The annual projected 
credits must be greater than the projected debits, as required under 
Sec. 63.652(e)(3).
    (iii) The specific control technology or pollution prevention 
measure that will be used for each emission point included in the 
average and date of application or expected date of application.
    (iv) The specific identification of each emission point affected by 
a pollution prevention measure. To be considered a pollution prevention 
measure, the criteria in Sec. 63.652(j)(1) must be met. If the same 
pollution prevention measure reduces or eliminates emissions from 
multiple emission points in the average, the owner or operator must 
identify each of these emission points.
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in paragraphs (a), 
(b), and (c) of this section that are applicable to each emission point 
in the emissions average will be implemented beginning on the date of 
compliance.
    (vi) Documentation of the information listed in paragraphs 
(d)(2)(vi)(A) through (d)(2)(vi)(D) of this section for each emission 
point included in the average.
    (A) The values of the parameters used to determine whether each 
emission point in the emissions average is Group 1 or Group 2.
    (B) The estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec. 63.652 (g) and (h). These 
parameter values or, as appropriate, limited ranges for the parameter 
values, shall be specified in the source's Implementation Plan as 
enforceable operating conditions. Changes to these parameters must be 
reported in the next Periodic Report.
    (C) The estimated percentage of reduction if a control technology 
achieving a lower percentage of reduction than the efficiency of the 
reference control technology, as defined in Sec. 63.641, is or will be 
applied to the emission point.
    (D) The anticipated nominal efficiency if a control technology 
achieving a greater percentage emission reduction than the efficiency of 
the reference control technology is or will be applied to the emission 
point. The procedures in Sec. 63.652(i) shall be followed to apply for a 
nominal efficiency.
    (vii) The information specified in Sec. 63.654(h)(4) for:
    (A) Each miscellaneous process vent controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in paragraphs (a)(1) or 
(a)(2) of this section; and
    (B) Each storage vessel controlled by a pollution prevention measure 
or a control technique other than an internal or external floating roof 
or a closed vent system with a control device.
    (viii) Documentation of the information listed in paragraphs 
(d)(2)(viii)(A) through (d)(2)(viii)(G) of this section

[[Page 859]]

for each process wastewater stream included in the average.
    (A) The information used to determine whether the wastewater stream 
is a Group 1 or Group 2 wastewater stream.
    (B) The estimated values of all parameters needed for input to the 
wastewater emission credit and debit calculations in Sec. 63.652(h)(6).
    (C) The estimated percentage of reduction if the wastewater stream 
is or will be controlled using a treatment process or series of 
treatment processes that achieves an emission reduction less than or 
equal to the emission reduction specified in table 7 of this subpart.
    (D) The estimated percentage of reduction if a control technology 
achieving less than or equal to 95 percent emission reduction is or will 
be applied to the vapor stream(s) vented and collected from the 
treatment processes.
    (E) The estimated percentage of reduction if a pollution prevention 
measure is or will be applied.
    (F) The anticipated nominal efficiency if the owner or operator 
plans to apply for a nominal efficiency under Sec. 63.652(i). A nominal 
efficiency shall be applied for if:
    (1) A control technology is or will be applied to the wastewater 
stream and achieves an emission reduction greater than the emission 
reduction specified in table 7 of this subpart; or
    (2) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (G) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP's from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec. 63.647, the information specified in 
Sec. 63.654(h)(4) shall be included in the Implementation Plan.
    (ix) Documentation required in Sec. 63.652(k) demonstrating the 
hazard or risk equivalency of the proposed emissions average.
    (3) The Administrator shall determine within 120 calendar days 
whether the Implementation Plan submitted presents sufficient 
information. The Administrator shall either approve the Implementation 
Plan, request changes, or request that the owner or operator submit 
additional information. Once the Administrator receives sufficient 
information, the Administrator shall approve, disapprove, or request 
changes to the plan within 120 calendar days.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996]



Sec. 63.654  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to the wastewater provisions in 
Sec. 63.647 shall comply with the recordkeeping and reporting provisions 
in Secs. 61.356 and 61.357 of 40 CFR part 61 subpart FF. There are no 
additional reporting and recordkeeping requirements for wastewater under 
this subpart unless a wastewater stream is included in an emissions 
average. Recordkeeping and reporting for emissions averages are 
specified in Sec. 63.653 and in paragraphs (f)(5) and (g)(8) of this 
section.
    (b) Each owner or operator subject to the gasoline loading rack 
provisions in Sec. 63.650 shall comply with the recordkeeping and 
reporting provisions in Sec. 63.428 (b) and (c), (g)(1), and (h)(1) 
through (h)(3) of subpart R of this part. These requirements are 
summarized in table 4 of this subpart. There are no additional reporting 
and recordkeeping requirements for gasoline loading racks under this 
subpart unless a loading rack is included in an emissions average. 
Recordkeeping and reporting for emissions averages are specified in 
Sec. 63.653 and in paragraphs (f)(5) and (g)(8) of this section.
    (c) Each owner or operator subject to the marine tank vessel loading 
operation standards in Sec. 63.651 shall comply with the recordkeeping 
and reporting provisions in Secs. 63.566 and 63.567(a) and Sec. 63.567 
(c) through (i) of subpart Y of this part. These requirements are 
summarized in table 5 of this subpart. There are no additional reporting 
and recordkeeping requirements for marine tank vessel loading operations 
under this subpart unless marine tank vessel loading operations are 
included in an emissions average. Recordkeeping and reporting for 
emissions averages are specified in Sec. 63.653 and in paragraphs (f)(5) 
and (g)(8) of this section.

[[Page 860]]

    (d) Each owner or operator subject to the equipment leaks standards 
in Sec. 63.648 shall comply with the recordkeeping and reporting 
provisions in paragraphs (d)(1) through (d)(6) of this section.
    (1) Sections 60.486 and 60.487 of subpart VV of part 60, or 
Secs. 63.181 and 63.182 of subpart H of this part except for 
Sec. 63.182, paragraphs (b), (c)(2), and (c)(4).
    (2) The Notification of Compliance Status report required by 
Sec. 63.182(c) of subpart H and the initial semiannual report required 
by Sec. 60.487(b) of 40 CFR part 60, subpart VV shall be submitted 
within 150 days of the compliance date specified in Sec. 63.640(h); the 
requirements of subpart H of this part are summarized in table 3 of this 
subpart.
    (3) An owner or operator who determines that a compressor qualifies 
for the hydrogen service exemption in Sec. 63.648 shall also keep a 
record of the demonstration required by Sec. 63.648.
    (4) An owner or operator must keep a list of identification numbers 
for valves that are designated as leakless per Sec. 63.648(c)(10).
    (5) An owner or operator must identify, either by list or location 
(area or refining process unit), equipment in organic HAP service less 
than 300 hours per year within refining process units subject to this 
subpart.
    (6) An owner or operator must keep a list of reciprocating pumps and 
compressors determined to be exempt from seal requirements as per 
Secs. 63.648 (f) and (i).
    (e) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (e)(1) through (e)(3) of this 
section except as provided in paragraph (h)(5) of this section, and 
shall keep records as described in paragraph (i) of this section.
    (1) A Notification of Compliance Status report as described in 
paragraph (f) of this section;
    (2) Periodic Reports as described in paragraph (g) of this section; 
and
    (3) Other reports as described in paragraph (h) of this section.
    (f) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status report within 150 days after 
the compliance dates specified in Sec. 63.640(h). This information may 
be submitted in an operating permit application, in an amendment to an 
operating permit application, in a separate submittal, or in any 
combination of the three. If the required information has been submitted 
before the date 150 days after the compliance date specified in 
Sec. 63.640(h), a separate Notification of Compliance Status report is 
not required within 150 days after the compliance dates specified in 
Sec. 63.640(h). If an owner or operator submits the information 
specified in paragraphs (f)(1) through (f)(5) of this section at 
different times, and/or in different submittals, later submittals may 
refer to earlier submittals instead of duplicating and resubmitting the 
previously submitted information.
    (1) The Notification of Compliance Status report shall include the 
information specified in paragraphs (f)(1)(i) through (f)(1)(v) of this 
section.
    (i) For storage vessels, this report shall include the information 
specified in paragraphs (f)(1)(i)(A) through (f)(1)(i)(D) of this 
section.
    (A) Identification of each storage vessel subject to this subpart, 
whether the vessel is Group 1 or Group 2, and the method of compliance 
for each Group 1 storage vessel that is not included in an emissions 
average (i.e., internal floating roof, external floating roof, or 
closed-vent system and control device).
    (B) If a closed vent system and a control device other than a flare 
is used to comply with Sec. 63.646 the owner or operator shall submit:
    (1) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed; and either
    (2) The design evaluation documentation specified in 
Sec. 63.120(d)(1)(i) of subpart G, if the owner or operator elects to 
prepare a design evaluation; or
    (3) If the owner or operator elects to submit the results of a 
performance test, identification of the storage vessel and control 
device for which the performance test will be submitted, and 
identification of the emission point(s) that share the control device

[[Page 861]]

with the storage vessel and for which the performance test will be 
conducted.
    (C) If a closed vent system and control device other than a flare is 
used, the owner or operator shall submit:
    (1) The operating range for each monitoring parameter. The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (2) If a performance test is conducted instead of a design 
evaluation, results of the performance test demonstrating that the 
control device achieves greater than or equal to the required control 
efficiency. A performance test conducted prior to the compliance date of 
this subpart can be used to comply with this requirement, provided that 
the test was conducted using EPA methods and that the test conditions 
are representative of current operating practices.
    (D) If a closed vent system and a flare is used, the owner or 
operator shall submit:
    (1) Flare design (e.g., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.120(e) of subpart G of this 
part; and
    (3) All periods during the compliance determination when the pilot 
flame is absent.
    (ii) For miscellaneous process vents, identification of each 
miscellaneous process vent subject to this subpart, whether the process 
vent is Group 1 or Group 2, and the method of compliance for each Group 
1 miscellaneous process vent that is not included in an emissions 
average (e.g., use of a flare or other control device meeting the 
requirements of Sec. 63.643(a)).
    (iii) For miscellaneous process vents controlled by control devices 
required to be tested under Sec. 63.645 of this subpart and 
Sec. 63.116(c) of subpart G of this part, performance test results 
including the information in paragraphs (f)(1)(iii)(A) and (B) of this 
section. Results of a performance test conducted prior to the compliance 
date of this subpart can be used provided that the test was conducted 
using the methods specified in Sec. 63.645 and that the test conditions 
are representative of current operating conditions.
    (A) The percentage of reduction of organic HAP's or TOC, or the 
outlet concentration of organic HAP's or TOC (parts per million by 
volume on a dry basis corrected to 3 percent oxygen), determined as 
specified in Sec. 63.116(c) of subpart G of this part; and
    (B) The value of the monitored parameters specified in table 10 of 
this subpart, or a site-specific parameter approved by the permitting 
authority, averaged over the full period of the performance test,
    (iv) For miscellaneous process vents controlled by flares, 
performance test results including the information in paragraphs 
(f)(1)(iv)(A) and (B) of this section;
    (A) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. 63.645 of this subpart and 
Sec. 63.116(a) of subpart G of this part, and
    (B) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (v) For equipment leaks complying with Sec. 63.648(c) (i.e., 
complying with the requirements of subpart H of this part), the 
Notification of Compliance Report Status report information required by 
Sec. 63.182(c) of subpart H and whether the percentage of leaking valves 
will be reported on a process unit basis or a sourcewide basis.
    (2) If initial performance tests are required by Secs. 63.643 
through 63.653 of this subpart, the Notification of Compliance Status 
report shall include one complete test report for each test method used 
for a particular source.
    (i) For additional tests performed using the same method, the 
results specified in paragraph (f)(1) of this section shall be 
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a sampling site 
description, description of sampling and analysis procedures and any 
modifications to standard procedures, quality assurance

[[Page 862]]

procedures, record of operating conditions during the test, record of 
preparation of standards, record of calibrations, raw data sheets for 
field sampling, raw data sheets for field and laboratory analyses, 
documentation of calculations, and any other information required by the 
test method.
    (iii) Performance tests are required only if specified by 
Secs. 63.643 through 63.653 of this subpart. Initial performance tests 
are required for some kinds of emission points and controls. Periodic 
testing of the same emission point is not required.
    (3) For each monitored parameter for which a range is required to be 
established under Sec. 63.120(d) of subpart G of this part for storage 
vessels or Sec. 63.644 for miscellaneous process vents, the Notification 
of Compliance Status report shall include the information in paragraphs 
(f)(3)(i) through (f)(3)(iii) of this section.
    (i) The specific range of the monitored parameter(s) for each 
emission point;
    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to develop 
the range and a description of why the range ensures compliance with the 
emission standard.
    (A) If a performance test is required by this subpart for a control 
device, the range shall be based on the parameter values measured during 
the performance test supplemented by engineering assessments and 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of permitted parameter values.
    (B) If a performance test is not required by this subpart for a 
control device, the range may be based solely on engineering assessments 
and manufacturers' recommendations.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (4) Results of any continuous monitoring system performance 
evaluations shall be included in the Notification of Compliance Status 
report.
    (5) For emission points included in an emissions average, the 
Notification of Compliance Status report shall include the values of the 
parameters needed for input to the emission credit and debit equations 
in Sec. 63.652(g) and (h), calculated or measured according to the 
procedures in Sec. 63.652(g) and (h), and the resulting credits and 
debits for the first quarter of the year. The first quarter begins on 
the compliance date specified in Sec. 63.640.
    (g) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports no later than 60 days after the end of each 6-
month period when any of the compliance exceptions specified in 
paragraphs (g)(1) through (g)(6) of this section occur. The first 6-
month period shall begin on the date the Notification of Compliance 
Status report is required to be submitted. A Periodic Report is not 
required if none of the compliance exceptions specified in paragraphs 
(g)(1) through (g)(6) of this section occurred during the 6-month period 
unless emissions averaging is utilized. Quarterly reports must be 
submitted for emission points included in emissions averages, as 
provided in paragraph (g)(8) of this section. An owner or operator may 
submit reports required by other regulations in place of or as part of 
the Periodic Report required by this paragraph if the reports contain 
the information required by paragraphs (g)(1) through (g)(8) of this 
section.
    (1) For storage vessels, Periodic Reports shall include the 
information specified for Periodic Reports in paragraph (g)(2) through 
(g)(5) of this section except that information related to gaskets, 
slotted membranes, and sleeve seals is not required for storage vessels 
that are part of an existing source.
    (2) An owner or operator who elects to comply with Sec. 63.646 by 
using a fixed roof and an internal floating roof or by using an external 
floating roof converted to an internal floating roof shall submit the 
results of each inspection conducted in accordance with Sec. 63.120(a) 
of subpart G of this part in which a failure is detected in the control 
equipment.
    (i) For vessels for which annual inspections are required under 
Sec. 63.120(a)(2)(i) or (a)(3)(ii) of subpart G

[[Page 863]]

of this part, the specifications and requirements listed in paragraphs 
(g)(2)(i)(A) through (g)(2)(i)(C) of this section apply.
    (A) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on the 
floating roof; or the seal is detached from the internal floating roof; 
or there are holes, tears, or other openings in the seal or seal fabric; 
or there are visible gaps between the seal and the wall of the storage 
vessel.
    (B) Except as provided in paragraph (g)(2)(i)(C) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (C) If an extension is utilized in accordance with Sec. 63.120(a)(4) 
of subpart G of this part, the owner or operator shall, in the next 
Periodic Report, identify the vessel; include the documentation 
specified in Sec. 63.120(a)(4) of subpart G of this part; and describe 
the date the storage vessel was emptied and the nature of and date the 
repair was made.
    (ii) For vessels for which inspections are required under 
Sec. 63.120(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of subpart G of this 
part (i.e., internal inspections), the specifications and requirements 
listed in paragraphs (g)(2)(ii)(A) and (g)(2)(ii)(B) of this section 
apply.
    (A) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or, for a storage vessel that is part of a new source, 
the gaskets no longer close off the liquid surface from the atmosphere; 
or, for a storage vessel that is part of a new source, the slotted 
membrane has more than a 10 percent open area.
    (B) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (3) An owner or operator who elects to comply with Sec. 63.646 by 
using an external floating roof shall meet the periodic reporting 
requirements specified in paragraphs (g)(3)(i) through (g)(3)(iii) of 
this section.
    (i) The owner or operator shall submit, as part of the Periodic 
Report, documentation of the results of each seal gap measurement made 
in accordance with Sec. 63.120(b) of subpart G of this part in which the 
seal and seal gap requirements of Sec. 63.120(b)(3), (b)(4), (b)(5), or 
(b)(6) of subpart G of this part are not met. This documentation shall 
include the information specified in paragraphs (g)(3)(i)(A) through 
(g)(3)(i)(D) of this section.
    (A) The date of the seal gap measurement.
    (B) The raw data obtained in the seal gap measurement and the 
calculations described in Sec. 63.120(b)(3) and (b)(4) of subpart G of 
this part.
    (C) A description of any seal condition specified in 
Sec. 63.120(b)(5) or (b)(6) of subpart G of this part that is not met.
    (D) A description of the nature of and date the repair was made, or 
the date the storage vessel was emptied.
    (ii) If an extension is utilized in accordance with 
Sec. 63.120(b)(7)(ii) or (b)(8) of subpart G of this part, the owner or 
operator shall, in the next Periodic Report, identify the vessel; 
include the documentation specified in Sec. 63.120(b)(7)(ii) or (b)(8) 
of subpart G of this part, as applicable; and describe the date the 
vessel was emptied and the nature of and date the repair was made.
    (iii) The owner or operator shall submit, as part of the Periodic 
Report, documentation of any failures that are identified during visual 
inspections required by Sec. 63.120(b)(10) of subpart G of this part. 
This documentation shall meet the specifications and requirements in 
paragraphs (g)(3)(iii)(A) and (g)(3)(iii)(B) of this section.
    (A) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes or other openings in the 
seal or the seal fabric; or the secondary seal has holes,

[[Page 864]]

tears, or other openings in the seal or the seal fabric; or, for a 
storage vessel that is part of a new source, the gaskets no longer close 
off the liquid surface from the atmosphere; or, for a storage vessel 
that is part of a new source, the slotted membrane has more than 10 
percent open area.
    (B) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (4) An owner or operator who elects to comply with Sec. 63.646 by 
using an external floating roof converted to an internal floating roof 
shall comply with the periodic reporting requirements of paragraph 
(g)(2) of this section.
    (5) An owner or operator who elects to comply with Sec. 63.646 by 
installing a closed vent system and control device shall submit, as part 
of the next Periodic Report, the information specified in paragraphs 
(g)(5)(i) through (g)(5)(iii) of this section.
    (i) The Periodic Report shall include the information specified in 
paragraphs (g)(5)(i)(A) and (g)(5)(i)(B) of this section for those 
planned routine maintenance operations that would require the control 
device not to meet the requirements of Sec. 63.119(e)(1) or (e)(2) of 
subpart G of this part, as applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 63.119 (e)(1) or (e)(2) of subpart G 
of this part, as applicable, due to planned routine maintenance.
    (ii) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Notification of 
Compliance Status report. The description shall include: Identification 
of the control device for which the measured parameters were outside of 
the established ranges, and causes for the measured parameters to be 
outside of the established ranges.
    (iii) If a flare is used, the Periodic Report shall describe each 
occurrence when the flare does not meet the general control device 
requirements specified in Sec. 63.11(b) of subpart A of this part and 
shall include: Identification of the flare that does not meet the 
general requirements specified in Sec. 63.11(b) of subpart A of this 
part, and reasons the flare did not meet the general requirements 
specified in Sec. 63.11(b) of subpart A of this part.
    (6) For miscellaneous process vents for which continuous parameter 
monitors are required by this subpart, periods of excess emissions shall 
be identified in the Periodic Reports and shall be used to determine 
compliance with the emission standards.
    (i) Period of excess emission means any of the following conditions:
    (A) An operating day when the daily average value of a monitored 
parameter, except presence of a flare pilot flame, is outside the range 
specified in the Notification of Compliance Status report. Monitoring 
data recorded during periods of monitoring system breakdown, repairs, 
calibration checks and zero (low-level) and high-level adjustments shall 
not be used in computing daily average values of monitored parameters.
    (B) An operating day when all pilot flames of a flare are absent.
    (C) An operating day when monitoring data required to be recorded in 
paragraphs (i)(3) (i) and (ii) of this section are available for less 
than 75 percent of the operating hours.
    (D) For data compression systems approved under paragraph 
(h)(5)(iii) of this section, an operating day when the monitor operated 
for less than 75 percent of the operating hours or a day when less than 
18 monitoring values were recorded.
    (ii) For miscellaneous process vents, excess emissions shall be 
reported for the operating parameters specified in table 10 of this 
subpart unless other

[[Page 865]]

site-specific parameter(s) have been approved by the operating permit 
authority.
    (iii) Periods of startup and shutdown that meet the definition of 
Sec. 63.641, and malfunction that meet the definition in Sec. 63.2 and 
periods of performance testing and monitoring system calibration shall 
not be considered periods of excess emissions. Malfunctions may include 
process unit, control device, or monitoring system malfunctions.
    (7) If a performance test for determination of compliance for a new 
emission point subject to this subpart or for an emission point that has 
changed from Group 2 to Group 1 is conducted during the period covered 
by a Periodic Report, the results of the performance test shall be 
included in the Periodic Report.
    (i) Results of the performance test shall include the percentage of 
emissions reduction or outlet pollutant concentration reduction 
(whichever is needed to determine compliance) and the values of the 
monitored operating parameters.
    (ii) The complete test report shall be maintained onsite.
    (8) The owner or operator of a source shall submit quarterly reports 
for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status report no later 
than 150 days after the compliance date specified in Sec. 63.640.
    (ii) The quarterly reports shall include:
    (A) The information specified in this paragraph and in paragraphs 
(g)(2) through (g)(7) of this section for all storage vessels and 
miscellaneous process vents included in an emissions average;
    (B) The information required to be reported by Sec. 63.428 (h)(1), 
(h)(2), and (h)(3) for each gasoline loading rack included in an 
emissions average, unless this information has already been submitted in 
a separate report;
    (C) The information required to be included in quarterly reports by 
Secs. 63.567(f) and 63.567(i)(2) of subpart Y of this part for each 
marine tank vessel loading operation included in an emissions average, 
unless the information has already been submitted in a separate report;
    (D) Any information pertaining to each wastewater stream included in 
an emissions average that the source is required to report under the 
Implementation Plan for the source;
    (E) The credits and debits calculated each month during the quarter;
    (F) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as required 
under Secs. 63.652(e)(4);
    (G) The values of any inputs to the credit and debit equations in 
Sec. 63.652 (g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter; and
    (H) Any other information the source is required to report under the 
Implementation Plan for the source.
    (iii) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec. 63.652(e)(3); and
    (B) A certification of compliance with all the emissions averaging 
provisions in Sec. 63.652 of this subpart.
    (h) Other reports shall be submitted as specified in subpart A of 
this part and as follows:
    (1) Reports of startup, shutdown, and malfunction required by 
Sec. 63.10(d)(5). Records and reports of startup, shutdown, and 
malfunction are not required if they pertain solely to Group 2 emission 
points, as defined in Sec. 63.641, that are not included in an emissions 
average. For purposes of this paragraph, startup and shutdown shall have 
the meaning defined in Sec. 63.641, and malfunction shall have the 
meaning defined in Sec. 63.2; and
    (2) For storage vessels, notifications of inspections as specified 
in paragraphs (h)(2)(i) and (h)(2)(ii) of this section;
    (i) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of each Group 1 storage vessel that has been emptied 
and degassed.

[[Page 866]]

    (A) Except as provided in paragraphs (h)(2)(i) (B) and (C) of this 
section, the owner or operator shall notify the Administrator in writing 
at least 30 calendar days prior to filling or refilling of each storage 
vessel with organic HAP's to afford the Administrator the opportunity to 
inspect the storage vessel prior to refilling.
    (B) Except as provided in paragraph (h)(2)(i)(C) of this section, if 
the internal inspection required by Secs. 63.120(a)(2), 63.120(a)(3), or 
63.120(b)(10) of subpart G of this part is not planned and the owner or 
operator could not have known about the inspection 30 calendar days in 
advance of refilling the vessel with organic HAP's, the owner or 
operator shall notify the Administrator at least 7 calendar days prior 
to refilling of the storage vessel. Notification may be made by 
telephone and immediately followed by written documentation 
demonstrating why the inspection was unplanned. This notification, 
including the written documentation, may also be made in writing and 
sent so that it is received by the Administrator at least 7 calendar 
days prior to the refilling.
    (C) The State or local permitting authority can waive the 
notification requirements of paragraphs (h)(2)(i)(A) and/or (h)(2)(i)(B) 
of this section for all or some storage vessels at petroleum refineries 
subject to this subpart. The State or local permitting authority may 
also grant permission to refill storage vessels sooner than 30 days 
after submitting the notification required by paragraph (h)(2)(i)(A) of 
this section, or sooner than 7 days after submitting the notification 
required by paragraph (h)(2)(i)(B) of this section for all storage 
vessels, or for individual storage vessels on a case-by-case basis.
    (ii) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator of a storage vessel equipped 
with an external floating roof shall notify the Administrator of any 
seal gap measurements. The notification shall be made in writing at 
least 30 calendar days in advance of any gap measurements required by 
Sec. 63.120 (b)(1) or (b)(2) of subpart G of this part. The State or 
local permitting authority can waive this notification requirement for 
all or some storage vessels subject to the rule or can allow less than 
30 calendar days' notice.
    (3) For owners or operators of sources required to request approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average, the information specified in Sec. 63.652(h).
    (4) The owner or operator who requests approval to monitor a 
different parameter than those listed in Sec. 63.644 for miscellaneous 
process vents or who is required by Sec. 63.653(a)(8) to establish a 
site-specific monitoring parameter for a point in an emissions average 
shall submit the information specified in paragraphs (h)(4)(i) through 
(h)(4)(iii) of this section. For new or reconstructed sources, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec. 63.5(d) of subpart A and 
for existing sources, and the information shall be submitted no later 
than 18 months prior to the compliance date. The information may be 
submitted in an operating permit application, in an amendment to an 
operating permit application, or in a separate submittal.
    (i) A description of the parameter(s) to be monitored to determine 
whether excess emissions occur and an explanation of the criteria used 
to select the parameter(s).
    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter can be used to determine excess 
emissions and the schedule for this demonstration. The owner or operator 
must certify that they will establish a range for the monitored 
parameter as part of the Notification of Compliance Status report 
required in paragraphs (e) and (f) of this section.
    (iii) The frequency and content of monitoring, recording, and 
reporting if: monitoring and recording are not continuous; or if periods 
of excess emissions, as defined in paragraph (g)(6) of this section, 
will not be identified in Periodic Reports required under paragraphs (e) 
and (g) of this section. The rationale for the proposed monitoring, 
recording, and reporting system shall be included.

[[Page 867]]

    (5) An owner or operator may request approval to use alternatives to 
the continuous operating parameter monitoring and recordkeeping 
provisions listed in paragraph (i) of this section.
    (i) Requests shall be submitted with the Application for Approval of 
Construction or Reconstruction for new sources and no later than 18 
months prior to the compliance date for existing sources. The 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, or in a separate 
submittal. Requests shall contain the information specified in 
paragraphs (h)(5)(iii) through (h)(5)(iv) of this section, as 
applicable.
    (ii) The provisions in Sec. 63.8(f)(5)(i) of subpart A of this part 
shall govern the review and approval of requests.
    (iii) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
hour) but records all values that meet set criteria for variation from 
previously recorded values.
    (A) The requested system shall be designed to:
    (1) Measure the operating parameter value at least once every hour.
    (2) Record at least 24 values each day during periods of operation.
    (3) Record the date and time when monitors are turned off or on.
    (4) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (5) Compute daily average values of the monitored operating 
parameter based on recorded data.
    (B) The request shall contain a description of the monitoring system 
and data compression recording system including the criteria used to 
determine which monitored values are recorded and retained, the method 
for calculating daily averages, and a demonstration that the system 
meets all criteria of paragraph (h)(5)(iii)(A) of this section.
    (iv) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec. 63.8(f) of subpart A of this part.
    (6) The owner or operator shall submit the information specified in 
paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as applicable. 
For existing sources, this information shall be submitted no later than 
18 months prior to the compliance date. For a new source, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec. 63.5(d) of subpart A of 
this part. The information may be submitted in an operating permit 
application, in an amendment to an operating permit application, or in a 
separate submittal.
    (i) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units.
    (ii) The determination of applicability of this subpart to any 
storage vessel for which use varies from year to year.
    (iii) The determination of applicability of this subpart to any 
distillation unit for which use varies from year to year.
    (i) Recordkeeping. (1) Each owner or operator subject to the storage 
vessel provisions in Sec. 63.646 shall keep the records specified in 
Sec. 63.123 of subpart G of this part except as specified in paragraphs 
(i)(1)(i) through (i)(1)(iv) of this section.
    (i) Records related to gaskets, slotted membranes, and sleeve seals 
are not required for storage vessels within existing sources.
    (ii) All references to Sec. 63.122 in Sec. 63.123 of subpart G of 
this part shall be replaced with Sec. 63.654(e),
    (iii) All references to Sec. 63.150 in Sec. 63.123 of subpart G of 
this part shall be replaced with Sec. 63.652.
    (iv) If a storage vessel is determined to be Group 2 because the 
weight percent total organic HAP of the stored liquid is less than or 
equal to 4 percent for existing sources or 2 percent for new sources, a 
record of any data, assumptions, and procedures used to make this 
determination shall be retained.
    (2) Each owner or operator required to report the results of 
performance tests under paragraphs (f) and (g)(7) of

[[Page 868]]

this section shall retain a record of all reported results as well as a 
complete test report, as described in paragraph (f)(2)(ii) of this 
section for each emission point tested.
    (3) Each owner or operator required to continuously monitor 
operating parameters under Sec. 63.644 for miscellaneous process vents 
or under Secs. 63.652 and 63.653 for emission points in an emissions 
average shall keep the records specified in paragraphs (i)(3)(i) through 
(i)(3)(v) of this section unless an alternative recordkeeping system has 
been requested and approved under paragraph (h) of this section.
    (i) The monitoring system shall measure data values at least once 
every hour.
    (ii) The owner or operator shall record either:
    (A) Each measured data value; or
    (B) Block average values for 1 hour or shorter periods calculated 
from all measured data values during each period. If values are measured 
more frequently than once per minute, a single value for each minute may 
be used to calculate the hourly (or shorter period) block average 
instead of all measured values.
    (iii) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day and retained for 5 years 
except as specified in paragraph (i)(3)(iv) of this section.
    (A) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per day if operation is not continuous.
    (B) The operating day shall be the period defined in the 
Notification of Compliance Status report. It may be from midnight to 
midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status report, the owner or operator may record that all 
values were within the range and retain this record for 5 years rather 
than calculating and recording a daily average for that day. For these 
days, the records required in paragraph (i)(3)(ii) of this section shall 
also be retained for 5 years.
    (v) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in any average computed under 
this subpart. Records shall be kept of the times and durations of all 
such periods and any other periods during process or control device 
operation when monitors are not operating.
    (4) All other information required to be reported under paragraphs 
(a) through (h) of this section shall be retained for 5 years.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996]
Secs. 63.655-63.679  [Reserved]

                Appendix to Subpart CC to Part 63--Tables

                   Table 1.--Hazardous Air Pollutants                   
------------------------------------------------------------------------
                        Chemical name                           CAS No.a
------------------------------------------------------------------------
Benzene......................................................      71432
Biphenyl.....................................................      92524
Butadiene (1,3)..............................................      10990
Carbon disulfide.............................................      75150
Carbonyl sulfide.............................................     463581
Cresol (mixed isomers b).....................................    1319773
Cresol (m-)..................................................     108394
Cresol (o-)..................................................      95487
Cresol (p-)..................................................     106445
Cumene.......................................................      98828
Dibromoethane (1,2) (ethylene dibromide).....................     106934
Dichloroethane (1,2).........................................     107062
Diethanolamine...............................................     111422
Ethylbenzene.................................................     100414
Ethylene glycol..............................................     107211
Hexane.......................................................     110543
Methanol.....................................................      67561
Methyl ethyl ketone (2-butanone).............................      78933
Methyl isobutyl ketone (hexone)..............................     108101
Methyl tert butyl ether......................................    1634044
Naphthalene..................................................      91203
Phenol.......................................................     108952
Toluene......................................................     108883
Trimethylpentane (2,2,4).....................................     540841
Xylene (mixed isomers b).....................................    1330207
xylene (m-)..................................................     108383
xylene (o-)..................................................      95476
xylene (p-)..................................................    106423 
------------------------------------------------------------------------
a CAS number = Chemical Abstract Service registry number assigned to    
  specific compounds, isomers, or mixtures of compounds.                
b Isomer means all structural arrangements for the same number of atoms 
  of each element and does not mean salts, esters, or derivatives.      


[[Page 869]]


             Table 2.--Leak Definitions for Pumps and Valves            
------------------------------------------------------------------------
                                                                 Leak   
                                                              definition
               Standard a                       Phase         (parts per
                                                               million) 
------------------------------------------------------------------------
Sec.  63.163 (pumps)....................  I                       10,000
                                          II                       5,000
                                          III                      2,000
Sec.  63.168 (valves)...................  I                       10,000
                                          II                       1,000
                                          III                     1,000 
------------------------------------------------------------------------
a Subpart H of this part.                                               


  Table 3.--Equipment Leak Recordkeeping and Reporting Requirements for 
  Sources Complying With Sec.  63.648 of Subpart CC by Compliance With  
                        Subpart H of this Part a                        
------------------------------------------------------------------------
    Reference (section of                                               
   subpart H of this part)         Description             Comment      
------------------------------------------------------------------------
63.181(a)...................  Recordkeeping system  Except for Secs.    
                               requirements.         63.181(b)(2)(iii)  
                                                     and 63.181(b)(9).  
63.181(b)...................  Records required for  Except for Secs.    
                               process unit          63.181(b)(2)(iii)  
                               equipment.            and 63.181(b)(9).  
63.181(c)...................  Visual inspection     Except for Secs.    
                               documentation.        63.181(b)(2)(iii)  
                                                     and 63.181(b)(9).  
63.181(d)...................  Leak detection        Except for Sec.     
                               record requirements.  63.181(d)(8).      
63.181(e)...................  Compliance            This subsection does
                               requirements for      not apply to       
                               pressure tests for    subpart CC.        
                               batch product                            
                               process equipment                        
                               trains.                                  
63.181(f)...................  Compressor            ....................
                               compliance test                          
                               records.                                 
63.181(g)...................  Closed-vent systems   ....................
                               and control device                       
                               record                                   
                               requirements.                            
63.181(h)...................  Process unit quality  ....................
                               improvement program                      
                               records.                                 
63.181(i)...................  Heavy liquid service  ....................
                               determination                            
                               record.                                  
63.181(j)...................  Equipment             ....................
                               identification                           
                               record.                                  
63.181(k)...................  Enclosed-vented       ....................
                               process unit                             
                               emission limitation                      
                               record                                   
                               requirements.                            
63.182(a)...................  Reports.                                  
63.182(b)...................  Initial notification  Not required.       
                               report                                   
                               requirements.                            
63.182(c)...................  Notification of       Except in Sec.      
                               compliance status     63.182(c); change  
                               report.               ``within 90 days of
                                                     the compliance     
                                                     dates'' to ``within
                                                     150 days of the    
                                                     compliance dates'';
                                                     except in Secs.    
                                                     63.182 (c)(2) and  
                                                     (c)(4).            
63.182(d)...................  Periodic report.....  Except for Secs.    
                                                     63.182 (d)(2)(vii),
                                                     (d)(2)(viii), and  
                                                     (d)(3).            
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the 
  referenced sections. See referenced sections for specific             
  requirements.                                                         


    Table 4.--Gasoline Distribution Emission Point Recordkeeping and    
                        Reporting Requirements a                        
------------------------------------------------------------------------
    Reference (section of                                               
   subpart R of this part)         Description             Comment      
------------------------------------------------------------------------
63.428(b)...................  Records of test                           
                               results for each                         
                               gasoline cargo tank                      
                               loaded at the                            
                               facility.                                
63.428(c)...................  Continuous                                
                               monitoring data                          
                               recordkeeping                            
                               requirements.                            
63.428(g)(1)................  Semiannual report     Required to be      
                               loading rack          submitted with the 
                               information.          periodic report    
                                                     required under 40  
                                                     CFR part 63 subpart
                                                     CC.                
63.428 (h)(1) through (h)(3)  Excess emissions      Required to be      
                               report loading rack   submitted with the 
                               information.          periodic report    
                                                     required under 40  
                                                     CFR part 63 subpart
                                                     CC.                
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the 
  referenced sections. See referenced sections for specific             
  requirements.                                                         


[[Page 870]]


 Table 5.--Marine Vessel Loading and Unloading Operations Recordkeeping 
                      and Reporting Requirements a                      
------------------------------------------------------------------------
    Reference (section of                                               
   subpart Y of this part)         Description             Comment      
------------------------------------------------------------------------
63.566(a)...................  Performance test/     The information     
                               site test plan        required under this
                                                     paragraph is to be 
                                                     submitted with the 
                                                     notification of    
                                                     compliance status  
                                                     report required    
                                                     under 40 CFR part  
                                                     63 subpart CC.     
63.566(b)...................  Performance test                          
                               data requirements                        
63.567(a)...................  General Provisions                        
                               (subpart A)                              
                               applicability                            
63.567(c)...................  Vent system valve                         
                               bypass                                   
                               recordkeeping                            
                               requirements                             
63.567(d)...................  Continuous equipment                      
                               monitoring                               
                               recordkeeping                            
                               requirements                             
63.567(e)...................  Flare recordkeeping                       
                               requirements                             
63.567(f)...................  Quarterly report      The information     
                               requirements          required under this
                                                     paragraph is to be 
                                                     submitted with the 
                                                     periodic report    
                                                     required under 40  
                                                     CFR part 63 subpart
                                                     CC.                
63.567(g)...................  Marine vessel vapor-                      
                               tightness                                
                               documentation                            
63.567(h)...................  Documentation file                        
                               maintenance                              
63.567(i)...................  Emission estimation                       
                               reporting and                            
                               recordkeeping                            
                               procedures                               
------------------------------------------------------------------------
a This table does not include all the requirements delineated under the 
  referenced sections. See referenced sections for specific             
  requirements.                                                         


       Table 6.--General Provisions Applicability to Subpart CC a       
------------------------------------------------------------------------
                                    Applies to                          
           Reference                subpart CC            Comment       
------------------------------------------------------------------------
63.1(a)(1)....................  Yes                                     
63.1(a)(2)....................  Yes                                     
63.1(a)(3)....................  Yes                                     
63.1(a)(4)....................  No                 Subpart CC (this     
                                                    table) specifies    
                                                    applicability of    
                                                    each paragraph in   
                                                    subpart A to subpart
                                                    CC.                 
63.1(a)(5)-63.1(a)(9).........  No                                      
63.1(a)(10)...................  No                 Subpart CC and other 
                                                    cross-referenced    
                                                    subparts specify    
                                                    calendar or         
                                                    operating day.      
63.1(a)(11)...................  Yes                                     
63.1(a)(12)...................  Yes                                     
63.1(a)(13)...................  Yes                                     
63.1(a)(14)...................  Yes                                     
63.1(b)(1)....................  No                 Subpart CC specifies 
                                                    its own             
                                                    applicability.      
63.1(b)(2)....................  Yes                                     
63.1(b)(3)....................  No                                      
63.1(c)(1)....................  No                 Subpart CC explicitly
                                                    specifies           
                                                    requirements that   
                                                    apply.              
63.1(c)(2)....................  No                 Area sources are not 
                                                    subject to subpart  
                                                    CC.                 
63.1(c)(3)....................  No                                      
63.1(c)(4)....................  Yes                                     
63.1(c)(5)....................  Yes                Except that sources  
                                                    are not required to 
                                                    submit notifications
                                                    overridden by this  
                                                    table.              
63.1(d).......................  No                                      
63.1(e).......................  No                                      
63.2..........................  Yes                Sec.  63.641 of      
                                                    subpart CC specifies
                                                    that if the same    
                                                    term is defined in  
                                                    subparts A and CC,  
                                                    it shall have the   
                                                    meaning given in    
                                                    subpart CC.         
63.3..........................  No                 Units of measure are 
                                                    spelled out in      
                                                    subpart CC.         
63.4(a)(1)-63.4(a)(3).........  Yes                                     
63.4(a)(4)....................  No                 Reserved.            
63.4(a)(5)....................  Yes                                     
63.4(b).......................  Yes                                     
63.4(c).......................  Yes                                     
63.5(a)(1)....................  Yes                Except replace term  
                                                    ``source'' and      
                                                    ``stationary        
                                                    source'' in Sec.    
                                                    63.5(a)(1) of       
                                                    subpart A with      
                                                    ``affected source.''
63.5(a)(2)....................  Yes                                     
63.5(b)(1)....................  Yes                                     
63.5(b)(2)....................  No                 Reserved.            
63.5(b)(3)....................  Yes                                     

[[Page 871]]

                                                                        
63.5(b)(4)....................  Yes                Except the cross-    
                                                    reference to Sec.   
                                                    63.9(b) is changed  
                                                    to Sec.  63.9(b) (4)
                                                    and (5). Subpart CC 
                                                    overrides Sec.  63.9
                                                    (b)(2) and (b)(3).  
63.5(b)(5)....................  Yes                                     
63.5(b)(6)....................  Yes                                     
63.5(c).......................  No                 Reserved.            
63.5(d)(1)(i).................  Yes                Except that the      
                                                    application shall be
                                                    submitted as soon as
                                                    practicable before  
                                                    startup but no later
                                                    than 90 days (rather
                                                    than 60 days) after 
                                                    the promulgation    
                                                    date of subpart CC  
                                                    if the construction 
                                                    or reconstruction   
                                                    had commenced and   
                                                    initial startup had 
                                                    not occurred before 
                                                    the promulgation of 
                                                    subpart CC.         
63.5(d)(1)(ii)................  Yes                Except that for      
                                                    affected sources    
                                                    subject to subpart  
                                                    CC, emission        
                                                    estimates specified 
                                                    in Sec.             
                                                    63.5(d)(1)(ii)(H)   
                                                    are not required.   
63.5(d)(1)(iii)...............  No                 Subpart CC requires  
                                                    submittal of the    
                                                    notification of     
                                                    compliance status   
                                                    report in Sec.      
                                                    63.654(e).          
63.5(d)(2)....................  No                                      
63.5(d)(3)....................  Yes                Except Sec.          
                                                    63.5(d)(3)(ii) does 
                                                    not apply.          
63.5(d)(4)....................  Yes                                     
63.5(e).......................  Yes                                     
63.5(f)(1)....................  Yes                                     
63.5(f)(2)....................  Yes                Except that the ``60 
                                                    days'' in the cross-
                                                    referenced Sec.     
                                                    63.5(d)(1) is       
                                                    changed to ``90     
                                                    days,'' and the     
                                                    cross-reference to  
                                                    (b)(2) does not     
                                                    apply.              
63.6(a).......................  Yes                                     
63.6(b)(1)....................  No                 Subpart CC specifies 
                                                    compliance dates for
                                                    sources subject to  
                                                    subpart CC.         
63.6(b)(2)....................  No                                      
63.6(b)(3)....................  Yes                                     
63.6(b)(4)....................  No                 May apply when       
                                                    standards are       
                                                    proposed under      
                                                    section 112(f) of   
                                                    the Clean Air Act.  
63.6(b)(5)....................  No                 Sec.  63.654(d) of   
                                                    subpart CC includes 
                                                    notification        
                                                    requirements.       
63.6(b)(6)....................  No                                      
63.6(b)(7)....................  No                                      
63.6(c)(1)....................  No                 Sec.  63.640 of      
                                                    subpart CC specifies
                                                    the compliance date.
63.6(c)(2)-63.6(c)(4).........  No                                      
63.6(c)(5)....................  Yes                                     
63.6(d).......................  No                                      
63.6(e).......................  Yes                Does not apply to    
                                                    Group 2 emission    
                                                    points.b            
63.6(f)(1)....................  Yes                                     
63.6(f)(2)(i).................  Yes                                     
63.6(f)(2)(ii)................  Yes                Subpart CC specifies 
                                                    the use of          
                                                    monitoring data in  
                                                    determining         
                                                    compliance with     
                                                    subpart CC.         
63.6(f)(2)(iii) (A), (B), and   Yes                                     
 (C).                                                                   
63.6(f)(2)(iii)(D)............  No                                      
63.6(f)(2)(iv)................  Yes                                     
63.6(f)(2)(v).................  Yes                                     
63.6(f)(3)....................  Yes                                     
63.6(g).......................  Yes                                     
 63.6(h) (1) and (2)..........  Yes                                     
63.6(h) (4) and (5)...........  No                 Visible emission     
                                                    requirements and    
                                                    timing in subpart   
                                                    CC.                 
63.6(h)(6)....................  Yes                                     
63.6(h) (7) through (9).......  No                 Subpart CC does not  
                                                    require opacity     
                                                    standards.          
63.6(i).......................  Yes                Except for Sec.      
                                                    63.6(i)(15), which  
                                                    is reserved.        
63.6(j).......................  Yes                                     
63.7(a)(1)....................  No                 Subpart CC specifies 
                                                    required testing and
                                                    compliance          
                                                    demonstration       
                                                    procedures.         
63.7(a)(2)....................  No                 Test results must be 
                                                    submitted in the    
                                                    notification of     
                                                    compliance status   
                                                    report due 150 days 
                                                    after compliance    
                                                    date, as specified  
                                                    in Sec.  63.654(d)  
                                                    of subpart CC.      
63.7(a)(3)....................  Yes                                     
63.7(b).......................  No                                      
63.7(c).......................  No                                      
63.7(d).......................  Yes                                     
63.7(e)(1)....................  Yes                                     

[[Page 872]]

                                                                        
63.7(e)(2)....................  Yes                                     
63.7(e)(3)....................  No                 Subpart CC specifies 
                                                    test methods and    
                                                    procedures.         
63.7(e)(4)....................  Yes                                     
63.7(f).......................  No                 Subpart CC specifies 
                                                    applicable methods  
                                                    and provides        
                                                    alternatives.       
63.7(g).......................  No                 Performance test     
                                                    reporting specified 
                                                    in Sec.  63.654(d). 
63.7(h)(1)....................  Yes                                     
63.7(h)(2)....................  Yes                                     
63.7(h)(3)....................  Yes                Yes, except site-    
                                                    specific test plans 
                                                    shall not be        
                                                    required, and where 
                                                    Sec.  63.7(g)(3)    
                                                    specifies submittal 
                                                    by the date the site-
                                                    specific test plan  
                                                    is due, the date    
                                                    shall be 90 days    
                                                    prior to the        
                                                    notification of     
                                                    compliance status   
                                                    report in Sec.      
                                                    63.654(d).          
63.7(h)(4)....................  No                                      
63.7(h)(5)....................  Yes                                     
63.8(a).......................  No                                      
63.8(b)(1)....................  Yes                                     
63.8(b)(2)....................  No                 Subpart CC specifies 
                                                    locations to conduct
                                                    monitoring.         
63.8(b)(3)....................  Yes                                     
63.8(c)(1)(i).................  Yes                                     
63.8(c)(1)(ii)................  No                 Addressed by periodic
                                                    reports in Sec.     
                                                    63.654(e) of subpart
                                                    CC.                 
63.8(c)(1)(iii)...............  Yes                                     
63.8(c)(2)....................  Yes                                     
63.8(c)(3)....................  Yes                                     
63.8(c)(4)....................  No                 Subpart CC specifies 
                                                    monitoring frequency
                                                    in Sec.  63.641 and 
                                                    Sec.  63.654(g)(3)  
                                                    of subpart CC.      
63.8(c)(5)-63.8(c)(8).........  No                                      
63.8(d).......................  No                                      
63.8(e).......................  No                                      
63.8(f)(1)....................  Yes                                     
63.8(f)(2)....................  Yes                                     
63.8(f)(3)....................  Yes                                     
63.8(f)(4)(i).................  No                 Timeframe for        
                                                    submitting request  
                                                    is specified in Sec.
                                                     63.654(f)(4) of    
                                                    subpart CC.         
63.8(f)(4)(ii)................  Yes                                     
63.8(f)(4)(iii)...............  No                                      
63.8(f)(5)(i).................  Yes                                     
63.8(f)(5)(ii)................  No                                      
63.8(f)(5)(iii)...............  Yes                                     
63.8(f)(6)....................  No                 Subpart CC does not  
                                                    require continuous  
                                                    emission monitors.  
63.8(g).......................  No                 Subpart CC specifies 
                                                    data reduction      
                                                    procedures in Sec.  
                                                    63.654(h)(3).       
63.9(a).......................  Yes                Except that the owner
                                                    or operator does not
                                                    need to send a copy 
                                                    of each notification
                                                    submitted to the    
                                                    Regional Office of  
                                                    the EPA as stated in
                                                    Sec.  63.9(a)(4)(ii)
                                                    .                   
63.9(b)(1)(i).................  No                 Specified in Sec.    
                                                    63.654(d)(2) of     
                                                    subpart CC.         
63.9(b)(1)(ii)................  No                                      
63.9(b)(2)....................  No                 An initial           
                                                    notification report 
                                                    is not required     
                                                    under subpart CC.   
63.9(b)(3)....................  No                                      
63.9(b)(4)....................  Yes                Except that the      
                                                    notification in Sec.
                                                     63.9(b)(4)(i) shall
                                                    be submitted at the 
                                                    time specified in   
                                                    Sec.  63.654(d)(2)  
                                                    of subpart CC.      
63.9(b)(5)....................  Yes                Except that the      
                                                    notification in Sec.
                                                     63.9(b)(5) shall be
                                                    submitted at the    
                                                    time specified in   
                                                    Sec.  63.654(d)(2)  
                                                    of subpart CC.      
63.9(c).......................  Yes                                     
63.9(d).......................  Yes                                     
63.9(e).......................  No                                      
63.9(f).......................  No                                      
63.9(g).......................  No                                      
63.9(h).......................  No                 Subpart CC Sec.      
                                                    63.652(d) specifies 
                                                    notification of     
                                                    compliance status   
                                                    report requirements.
63.9(i).......................  Yes                                     
63.9(j).......................  No                                      
63.10(a)......................  Yes                                     
63.10(b)(1)...................  No                 Sec.  63.644(d) of   
                                                    subpart CC specifies
                                                    record retention    
                                                    requirements.       

[[Page 873]]

                                                                        
63.10(b)(2)(i)................  Yes                                     
63.10(b)(2)(ii)...............  Yes                                     
63.10(b)(2)(iii)..............  No                                      
63.10(b)(2)(iv)...............  Yes                                     
63.10(b)(2)(v)................  Yes                                     
63.10(b)(2)(vi)-(ix)..........  No                                      
63.10(b)(2)(x)................  Yes                                     
63.10(b)(2)(xii)-(xiv)........  No                                      
63.10(b)(3)...................  No                                      
63.10(c)......................  No                                      
63.10(d)(1)...................  No                                      
63.10(d)(2)...................  No                 Sec.  63.654(d) of   
                                                    subpart CC specifies
                                                    performance test    
                                                    reporting.          
63.10(d)(3)...................  No                                      
63.10(d)(4)...................  Yes                                     
63.10(d)(5)(i)................  Yes b              Except that reports  
                                                    required by Sec.    
                                                    63.10(d)(5)(i) may  
                                                    be submitted at the 
                                                    same time as        
                                                    periodic reports    
                                                    specified in Sec.   
                                                    63.654(e) of subpart
                                                    CC.                 
63.10(d)(5)(ii)...............  Yes b                                   
63.10(e)......................  No                                      
63.10(f)......................  Yes                                     
63.11-63.15...................  Yes                                     
------------------------------------------------------------------------
a Wherever subpart A specifies ``postmark'' dates, submittals may be    
  sent by methods other than the U.S. Mail (e.g., by fax or courier).   
  Submittals shall be sent by the specified dates, but a postmark is not
  required.                                                             
b The plan, and any records or reports of startup, shutdown, and        
  malfunction do not apply to Group 2 emission points.                  


  Table 7.--Fraction Measured (Fm), Fraction Emitted (Fe), and Fraction 
          Removed (Fr) for HAP Compounds in Wastewater Streams          
------------------------------------------------------------------------
              Chemical name                CAS No.a    Fm     Fe     Fr 
------------------------------------------------------------------------
Benzene.................................      71432   1.00   0.80   0.99
Biphenyl................................      92524   0.86   0.45   0.99
Butadiene (1,3-)........................     106990   1.00   0.98   0.99
Carbon disulfide........................      75150   1.00   0.92   0.99
Cumene..................................      98828   1.00   0.88   0.99
Dichloroethane (1,2-) (Ethylene                                         
 dichloride)............................     107062   1.00   0.64   0.99
Ethylbenzene............................     100414   1.00   0.83   0.99
Hexane..................................     110543   1.00   1.00   0.99
Methanol................................      67561   0.85   0.17   0.31
Methyl ethyl ketone (2-Butanone)........      78933   0.99   0.48   0.95
Methyl isobutyl ketone (Hexone).........     108101   0.98   0.53   0.99
Methyl tert-butyl ether.................    1634044   1.00   0.57   0.99
Naphthalene.............................      91203   0.99   0.51   0.99
Trimethylpentane (2,2,4-)...............     540841   1.00   1.00   0.99
Xylene (m-).............................     108383   1.00   0.82   0.99
Xylene (o-).............................      95476   1.00   0.79   0.99
Xylene (p-).............................     106423   1.00   0.82   0.99
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number   
  assigned to specific compounds, isomers, or mixtures of compounds.    


           Table 8.--Valve Monitoring Frequency for Phase III           
------------------------------------------------------------------------
       Performance level                                                
--------------------------------        Valve monitoring frequency      
      Leaking valves a (%)                                              
------------------------------------------------------------------------
4...................  Monthly or QIP.b                       
<4.............................  Quarterly.                             
<3.............................  Semiannual.                            
<2.............................  Annual.                                
------------------------------------------------------------------------
a Percent leaking valves is calculated as a rolling average of two      
  consecutive monitoring periods.                                       
b QIP=Quality improvement program. Specified in Sec.  63.175 of subpart 
  H of this part.                                                       


[[Page 874]]


          Table 9.--Valve Monitoring Frequency for Alternative          
------------------------------------------------------------------------
       Performance level                                                
--------------------------------  Valve monitoring frequency under Sec. 
      Leaking valves a (%)                  63.649 alternative          
------------------------------------------------------------------------
5...................  Monthly or QIP.b                       
<5.............................  Quarterly.                             
<4.............................  Semiannual.                            
<3.............................  Annual.                                
------------------------------------------------------------------------
a Percent leaking valves is calculated as a rolling average of two      
  consecutive monitoring periods.                                       
b QIP=Quality improvement program. Specified in Sec.  63.175 of subpart 
  H of this part.                                                       


  Table 10.--Miscellaneous Process Vents--Monitoring, Recordkeeping and 
Reporting Requirements for Complying With 98 Weight-Percent Reduction of
Total Organic HAP Emissions or a Limit of 20 Parts Per Million by Volume
------------------------------------------------------------------------
                                                     Recordkeeping and  
                                 Parameters to be        reporting      
        Control device             monitored a        requirements for  
                                                    monitored parameters
------------------------------------------------------------------------
Thermal incinerator...........  Firebox            1. Continuous records
                                 temperature b      c.                  
                                 (63.644(a)(1)(i)                       
                                 ).                                     
                                                   2. Record and report 
                                                    the firebox         
                                                    temperature averaged
                                                    over the full period
                                                    of the performance  
                                                    test--NCS d.        
                                                   3. Record the daily  
                                                    average firebox     
                                                    temperature for each
                                                    operating day e.    
                                                   4. Report all daily  
                                                    average temperatures
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all      
                                                    operating days when 
                                                    insufficient        
                                                    monitoring data are 
                                                    collected f--PR g.  
Catalytic incinerator.........  Temperature        1. Continuous records
                                 upstream and       c.                  
                                 downstream of                          
                                 the catalyst bed                       
                                 (63.644(a)(1)(ii                       
                                 )).                                    
                                                   2. Record and report 
                                                    the upstream and    
                                                    downstream          
                                                    temperatures and the
                                                    temperature         
                                                    difference across   
                                                    the catalyst bed    
                                                    averaged over the   
                                                    full period of the  
                                                    performance test--  
                                                    NCS d.              
                                                   3. Record the daily  
                                                    average upstream    
                                                    temperature and     
                                                    temperature         
                                                    difference across   
                                                    the catalyst bed for
                                                    each operating day  
                                                    e.                  
                                                   4. Report all daily  
                                                    average upstream    
                                                    temperatures that   
                                                    are outside the     
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR g.       
                                                   5. Report all daily  
                                                    average temperature 
                                                    differences across  
                                                    the catalyst bed    
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR g.       
                                                   6. Report all        
                                                    operating days when 
                                                    insufficient        
                                                    monitoring data are 
                                                    collected f.        
Boiler or process heater with   Firebox            1. Continuous records
 a design heat capacity less     temperature b      c.                  
 than 44 megawatts where the     (63.644(a)(4)).                        
 vent stream is not introduced                                          
 into the flame zone h,i.                                               
                                                   2. Record and report 
                                                    the firebox         
                                                    temperature averaged
                                                    over the full period
                                                    of the performance  
                                                    test--NCS d.        
                                                   3. Record the daily  
                                                    average firebox     
                                                    temperature for each
                                                    operating day e.    
                                                   4. Report all daily  
                                                    average firebox     
                                                    temperatures that   
                                                    are outside the     
                                                    range established in
                                                    the NCS or operating
                                                    permit and all      
                                                    operating days when 
                                                    insufficient        
                                                    monitoring data are 
                                                    collected f--PR g.  
Flare.........................  Presence of a      1. Hourly records of 
                                 flame at the       whether the monitor 
                                 pilot light        was continuously    
                                 (63.644(a)(2)).    operating and       
                                                    whether a pilot     
                                                    flame was           
                                                    continuously present
                                                    during each hour.   
                                                   2. Record and report 
                                                    the presence of a   
                                                    flame at the pilot  
                                                    light over the full 
                                                    period of the       
                                                    compliance          
                                                    determination--NCS d
                                                    .                   
                                                   3. Record the times  
                                                    and durations of all
                                                    periods when all    
                                                    pilot flames for a  
                                                    flare are absent or 
                                                    the monitor is not  
                                                    operating.          
                                                   4. Report the times  
                                                    and durations of all
                                                    periods when all    
                                                    pilot flames for a  
                                                    flare are absent or 
                                                    the monitor is not  
                                                    operating.          

[[Page 875]]

                                                                        
All control devices...........  Presence of flow   1. Hourly records of 
                                 diverted to the    whether the flow    
                                 atmosphere from    indicator was       
                                 the control        operating and       
                                 device             whether flow was    
                                 (63.644(c)(1))     detected at any time
                                 or.                during each hour.   
                                                   2. Record and report 
                                                    the times and       
                                                    durations of all    
                                                    periods when the    
                                                    vent stream is      
                                                    diverted through a  
                                                    bypass line or the  
                                                    monitor is not      
                                                    operating--PR g.    
                                Monthly            1. Records that      
                                 inspections of     monthly inspections 
                                 sealed valves      were performed.     
                                 [63.644(c)(2)].                        
                                                   2. Record and report 
                                                    all monthly         
                                                    inspections that    
                                                    show the valves are 
                                                    not closed or the   
                                                    seal has been       
                                                    changed--PR g.      
------------------------------------------------------------------------
a Regulatory citations are listed in parentheses.                       
b Monitor may be installed in the firebox or in the ductwork immediately
  downstream of the firebox before any substantial heat exchange is     
  encountered.                                                          
c ``Continuous records'' is defined in Sec.  63.641.                    
d NCS = Notification of compliance status report described in Sec.      
  63.654.                                                               
e The daily average is the average of all recorded parameter values for 
  the operating day. If all recorded values during an operating day are 
  within the range established in the NCS or operating permit, a        
  statement to this effect can be recorded instead of the daily average.
f When a period of excess emission is caused by insufficient monitoring 
  data, as described in Sec.  63.654(g)(6)(i) (C) or (D), the duration  
  of the period when monitoring data were not collected shall be        
  included in the Periodic Report.                                      
g PR = Periodic Reports described in Sec.  63.654(g).                   
h No monitoring is required for boilers and process heaters with a      
  design heat capacity 44 megawatts or for boilers and       
  process heaters where all vent streams are introduced into the flame  
  zone. No recordkeeping or reporting associated with monitoring is     
  required for such boilers and process heaters.                        
i Process vents that are routed to refinery fuel gas systems are not    
  regulated under this subpart. No monitoring, recordkeeping, or        
  reporting is required for boilers and process heaters that combust    
  refinery fuel gas.                                                    


[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881-29882, June 12, 
1996]



  Subpart DD--National Emission Standards for Hazardous Air Pollutants 
               from Off-Site Waste and Recovery Operations

    Source: 61 FR 34158, July 1, 1996, unless otherwise noted.



Sec. 63.680  Applicability and designation of affected sources.

    (a) The provisions of this subpart apply to the owner and operator 
of a plant site for which both of the conditions specified in paragraphs 
(a)(1) and (a)(2) of this section are applicable. If either one of these 
conditions does not apply to the plant site, then the owner and operator 
of the plant site are not subject to the provisions of this subpart.
    (1) The plant site is a major source of hazardous air pollutant 
(HAP) emissions as defined in 40 CFR 63.2.
    (2) At the plant site is located one or more of operations that 
receives off-site materials as specified in paragraph (b) of this 
section and the operations is one of the following waste management 
operations or recovery operations as specified in paragraphs (a)(2)(i) 
through (a)(2)(vi) of this section.
    (i) A waste management operation that receives off-site material and 
the operation is regulated as a hazardous waste treatment, storage, and 
disposal facility (TSDF) under either 40 CFR part 264 or part 265.
    (ii) A waste management operation that treats wastewater which is an 
off-site material and the operation is exempted from regulation as a 
hazardous waste treatment, storage, and disposal facility under 40 CFR 
264.1(g)(6) or 40 CFR 265.1(c)(10).
    (iii) A waste management operation that treats wastewater which is 
an off-site material and the operation meets both of the following 
conditions:
    (A) The operation is subject to regulation under either section 402 
or 307(b) of the Clean Water Act but is not owned by a ``state'' or 
``municipality'' as defined by section 502(3) and 502(4), respectively, 
of the Clean Water Act; and
    (B) The treatment of wastewater received from off-site is the 
predominant activity performed at the plant site.

[[Page 876]]

    (iv) A recovery operation that recycles or reprocesses hazardous 
waste which is an off-site material and the operation is exempted from 
regulation as a hazardous waste treatment, disposal, and storage 
facility under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6).
    (v) A recovery operation that recycles or reprocesses used solvent 
which is an off-site material and the operation is not part of a 
chemical, petroleum, or other manufacturing process that is required to 
use air emission controls by another subpart of 40 CFR part 63.
    (vi) A recovery operation that re-refines or reprocesses used oil 
which is an off-site material and the operation is regulated under 40 
CFR 279 subpart F--Standards for Used Oil Processors and Refiners.
    (b) For the purpose of implementing this subpart, an off-site 
material is a material that meets all of the criteria specified in 
paragraph (b)(1) of this section but is not one of the materials 
specified in paragraph (b)(2) of this section.
    (1) An off-site material is a material that meets all of the 
criteria specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section. If any one of these criteria do not apply to the material, then 
the material is not an off-site material subject to this subpart.
    (i) The material is a waste, used oil, or used solvent as defined in 
Sec. 63.681 of this subpart;
    (ii) The material is not produced or generated within the plant 
site, but the material is delivered, transferred, or otherwise moved to 
the plant site from a location outside the boundaries of the plant site; 
and
    (iii) The material contains one or more of the hazardous air 
pollutants (HAP) listed in Table 1 of this subpart based on the 
composition of the material at the point-of-delivery, as defined in 
Sec. 63.681 of this subpart.
    (2) For the purpose of implementing this subpart, the following 
materials are not off-site materials:
    (i) Household waste as defined in 40 CFR 258.2.
    (ii) Radioactive mixed waste managed in accordance with all 
applicable regulations under Atomic Energy Act and Nuclear Waste Policy 
Act authorities.
    (iii) Waste that is generated as a result of implementing remedial 
activities required under the Resource Conservation and Recovery Act 
(RCRA) corrective action authorities (RCRA sections 3004(u), 3004(v), or 
3008(h)), Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) authorities, or similar Federal or State 
authorities.
    (iv) Waste containing HAP that is generated by residential 
households (e.g., old paint, home garden pesticides) and subsequently is 
collected as a community service by government agencies, businesses, or 
other organizations for the purpose of promoting the proper disposal of 
this waste.
    (v) Waste that is generated by or transferred from units complying 
with all applicable regulations under 40 CFR 63 subparts F and G--
National Emission Standards for Organic Hazardous Air Pollutants from 
the Synthetic Organic Chemical Manufacturing Industry.
    (vi) Waste that is generated by or transferred from units complying 
with all applicable requirements specified by Sec. 61.342(b) under 40 
CFR 61 subpart FF--National Emission Standards for Benzene Waste 
Operations for a facility at which the total annual benzene quantity 
from the facility waste is equal to or greater than 10 megagrams per 
year.
    (vii) Ship ballast water pumped from a ship to an onshore wastewater 
treatment facility.
    (c) For the purpose of implementing this subpart, the affected 
sources at a plant site subject to this subpart are as follows:
    (1) Off-site material management units. The affected source is the 
group of tanks, containers, oil-water or organic-water separators, 
surface impoundments, and transfer systems used to manage off-site 
material in each of the waste management operations and recovery 
operations specified in paragraphs (a)(2)(i) through (a)(2)(vi) of this 
section that is located at the plant site.
    (2) Process vents. The affected source is the group of process vents 
on units used to manage off-site material in

[[Page 877]]

each of the waste management operations and recovery operations 
specified in paragraphs (a)(2)(i) through (a)(2)(vi) of this section 
that is located at the plant site.
    (3) Equipment leaks. The affected source is the group of equipment 
specified in Sec. 63.683(b)(2)(i) through (b)(2)(iii) of this subpart 
that is used to handle off-site material in each of the waste management 
operations and recovery operations specified in paragraphs (a)(2)(i) 
through (a)(2)(vi) of this section that is located at the plant site.
    (d) Owners and operators of plant sites at which are located 
affected sources subject to this subpart are exempted from the 
requirements of Secs. 63.682 through 63.699 of this subpart in 
situations when the total annual quantity of the HAP that is contained 
in the off-site material received at the plant site is less than 1 
megagram per year. This total annual HAP quantity for the off-site 
material shall be based on the total quantity of the HAP listed in Table 
1 of this subpart as determined at the point-of-delivery for each off-
site material stream. Documentation shall be prepared by the owner or 
operator and maintained at the plant site to support the initial 
determination of the total annual HAP quantity for the off-site 
material. The owner or operator shall perform a new determination when 
the extent of changes to the quantity or composition of the off-site 
material received at the plant site could cause the total annual HAP 
quantity in the off-site material to the exceed limit of 1 megagram per 
year.
    (e) Compliance dates--(1) Existing sources. The owner or operator of 
an affected source that commenced construction or reconstruction before 
October 13, 1994, shall achieve compliance with the provisions of the 
subpart no later than July 1, 1999 unless an extension has been granted 
by the Administrator as provided in 40 CFR 63.6(i).
    (2) New sources. The owner or operator of an affected source for 
which construction or reconstruction commences on or after October 13, 
1994, shall achieve compliance with the provisions of this subpart by 
July 1, 1996 or upon initial startup of operations, whichever date is 
later as provided in 40 CFR 63.6(b). For the purpose of implementing 
this subpart, a waste management operation or recovery operation that 
commenced construction or reconstruction before October 13, 1994, and 
receives off-site material for the first time after July 1, 1999 is a 
new source, and the owner or operator of this affected source shall 
achieve compliance with the provisions of this subpart upon the first 
date that the waste management operation or recovery operation begins to 
manage the off-site material.
    (f) The provisions of 40 CFR part 63, subpart A--General Provisions 
that apply and those that do not apply to this subpart are specified in 
Table 2 of this subpart.



Sec. 63.681  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in this section, 40 CFR 63.2 of this part, and the Act.
    Boiler means an enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of hard-piping, ductwork, connections, and, if 
necessary, fans, blowers, or other flow-inducing devices that conveys 
gas or vapor from an emission point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air pollutant emissions to the 
atmosphere by blocking an opening in a cover when the device is secured 
in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of 
containers include but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as ``portable tanks'' or 
``totes'', cargo tank trucks, and tank rail cars.
    Continuous record means documentation of data values measured at 
least once every 15 minutes and recorded at the frequency specified in 
this subpart.

[[Page 878]]

    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minutes or more frequent block averages.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Control device means equipment used for recovering or oxidizing 
organic vapors. Examples of such equipment include but are not limited 
to carbon adsorbers, condensers, vapor incinerators, flares, boilers, 
and process heaters.
    Cover means a device that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
off-site material managed in a unit. A cover may have openings (such as 
access hatches, sampling ports, gauge wells) that are necessary for 
operation, inspection, maintenance, and repair of the unit on which the 
cover is used. A cover may be a separate piece of equipment which can be 
detached and removed from the unit or a cover may be formed by 
structural features permanently integrated into the design of the unit.
    Emission point means an individual tank, surface impoundment, 
container, oil-water or organic-water separator, transfer system, 
process vent, or enclosure.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapor through a closed vent system to a control device.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a tank with no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the liquid being contained, and is equipped with a 
continuous seal.
    HAP means hazardous air pollutants.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    Hazardous waste means a waste that is determined to be hazardous 
under the Resource Conservation and Recovery Act (PL 94-580) (RCRA), as 
implemented by 40 CFR parts 260 and 261.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes hard-piping, all drains and 
junction boxes, together with their associated sewer lines and other 
junction boxes (e.g., manholes, sumps, and lift stations) conveying 
wastewater streams or residuals. For the purpose of this subpart, an 
individual drain system is not a drain and collection system that is 
designed and operated for the sole purpose of collecting rainfall runoff 
(e.g., stormwater sewer system) and is segregated from all other 
individual drain systems.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it inside a 
tank that has a fixed roof).
    Light-material service means the container is used to manage an off-
site material for which both of the following conditions apply: the 
vapor pressure of one or more of the organic constituents in the off-
site material is greater than 0.3 kilopascals (kPa) at 20  deg.C; and 
the total concentration of the pure organic constituents having a vapor 
pressure greater than 0.3 kPa at 20  deg.C is equal to or greater than 
20 percent by weight.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal 
mounted in contact with the liquid in a unit.

[[Page 879]]

    Maximum HAP vapor pressure means the sum of the individual HAP 
equilibrium partial pressure exerted by an off-site material at the 
temperature equal to either: the local maximum monthly average 
temperature as reported by the National Weather Service when the off-
site material is stored or treated at ambient temperature; or the 
highest calendar-month average temperature of the off-site material when 
the off-site material is stored at temperatures above the ambient 
temperature or when the off-site material is stored or treated at 
temperatures below the ambient temperature. For the purpose of this 
subpart, maximum HAP vapor pressure is determined using the procedures 
specified in Sec. 63.694(j) of this subpart.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the tank by 
springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec. 63.694(k) 
of this subpart.
    Off-site material means a material that meets all of the criteria 
specified in paragraph Sec. 63.680(b)(1) of this subpart but is not one 
of the materials specified in Sec. 63.680(b)(2) of this subpart.
    Off-site material management unit means a tank, container, surface 
impoundment, oil-water separator, organic-water separator, or transfer 
system used to manage off-site material.
    Off-site material stream means an off-site material produced or 
generated by a particular process or source such that the composition 
and form of the material comprising the stream remain consistent. An 
off-site material stream may be delivered, transferred, or otherwise 
moved to the plant site in a continuous flow of material (e.g., 
wastewater flowing through a pipeline) or in a series of discrete 
batches of material (e.g., a truckload of drums all containing the same 
off-site material or multiple bulk truck loads of an off-site material 
produced by the same process).
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Operating parameter value means a minimum or maximum value 
established for a control device or treatment process parameter which, 
if achieved by itself or in combination with one or more other operating 
parameter values, determines that an owner or operator has complied with 
an applicable emission limitation or standard.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Plant site means all contiguous or adjoining property that is under 
common control including properties that are separated only by a road or 
other public right-of-way. Common control includes properties that are 
owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof. A unit or group of units within 
a contiguous property that are not under common control (e.g., a 
wastewater treatment unit or solvent recovery unit located at the site 
but is sold to a different company) is a different plant site.
    Point-of-delivery means the point at the boundary or within the 
plant site where the owner or operator first accepts custody, takes 
possession, or assumes responsibility for the management of an off-site 
material stream managed in a waste management operation or recovery 
operation specified in Sec. 63.680 (a)(2)(i) through (a)(2)(vi) of this 
subpart. The characteristics of an off-site material stream are 
determined prior to combining the off-site material stream with other 
off-site material streams or with any other materials.
    Point-of-treatment means a point where the off-site material to be 
treated in accordance with Sec. 63.683(b)(1)(ii) of this subpart exits 
the treatment process. The characteristics shall be determined before 
this material is conveyed, handled, or otherwise managed in such a 
manner that the material has the potential to volatilize to the 
atmosphere.
    Process heater means an enclosed combustion device that transfers 
heat released by burning fuel directly to

[[Page 880]]

process streams or to heat transfer liquids other than water.
    Process vent means any open-ended pipe, stack, or duct that allows 
the passage of gases, vapors, or fumes to the atmosphere and this 
passage is caused by mechanical means (such as compressors or vacuum-
producing systems) or by process-related means (such as volatilization 
produced by heating). For the purpose of this subpart, a process vent is 
not a stack or duct used to exhaust combustion products from a boiler, 
furnace, process heater, incinerator, or other combustion device.
    Recovery operation means the collection of off-site material 
management units, process vents, and equipment components used at a 
plant site to manage an off-site material stream from the point-of-
delivery through the point where the material has been recycled, 
reprocessed, or re-refined to obtain the intended product or to remove 
the physical and chemical impurities of concern.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine venting 
of gases or vapors from the vapor headspace underneath a cover such as 
during filling of the unit or to adjust the pressure in this vapor 
headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed position 
during normal operations and open only when the internal pressure, or 
another relevant parameter, exceeds the device threshold setting 
applicable to the air emission control equipment as determined by the 
owner or operator based on manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, combustible, explosive, reactive, or hazardous materials.
    Separator means a waste management unit, generally a tank, used to 
separate oil or organics from water. A separator consists of not only 
the separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are 
located directly after the individual drain system and prior to any 
additional treatment units such as an air flotation unit clarifier or 
biological treatment unit. Examples of a separator include, but are not 
limited to, an API separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
    Single-seal system means a floating roof having one continuous seal. 
This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within a waste management operation or recovery operation. 
For the purpose of this subpart, the conveyance of material using a 
container (as defined for this subpart) or a self-propelled vehicle 
(e.g., a front-end loader) is not a transfer system. Examples of a 
transfer system include but are not limited to a pipeline, an individual 
drain system, a gravity-operated conveyor (such as a chute), and a 
mechanically-powered conveyor (such as a belt or screw conveyor).

[[Page 881]]

    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of 1 percent of 
the temperature being monitored expressed in degrees Celsius ( deg.C) or 
1.2 degrees  deg.C, whichever value is greater.
    Treatment process means a process in which an off-site material 
stream is physically, chemically, thermally, or biologically treated to 
destroy, degrade, or remove hazardous air pollutants contained in the 
off-site material. A treatment process can be composed of a single unit 
(e.g., a steam stripper) or a series of units (e.g., a wastewater 
treatment system). A treatment process can be used to treat one or more 
off-site material streams at the same time.
    Used oil means any oil refined from crude oil or any synthetic oil 
that has been used and as a result of such use is contaminated by 
physical or chemical impurities. This definition is the same definition 
of ``used oil'' in 40 CFR 279.1.
    Used solvent means a solvent composed of a mixture of aliphatic 
hydrocarbons or a mixture of one and two ring aromatic hydrocarbons that 
has been used and as a result of such use is contaminated by physical or 
chemical impurities.
    Vapor-mounted seal means a continuous seal that is mounted such that 
there is a vapor space between the liquid in the unit and the bottom of 
the seal.
    Volatile organic hazardous air pollutant concentration or VOHAP 
concentration means the fraction by weight of the HAP listed in Table 1 
of this subpart that are contained in an off-site material. For the 
purpose of this subpart, VOHAP concentration is determined in accordance 
with the test methods and procedures specified in Sec. 63.694 (b) and 
(c) of this subpart.
    Waste means a material generated from industrial, commercial, 
mining, or agricultural operations or from community activities that is 
discarded, discharged, or is being accumulated, stored, or physically, 
chemically, thermally, or biologically treated prior to being discarded 
or discharged.
    Waste management operation means the collection of off-site material 
management units, process vents, and equipment components used at a 
plant site to manage an off-site material stream from the point-of-
delivery to the point where the waste exits or is discharged from the 
plant site or the waste is placed for on-site disposal in a unit not 
subject to this subpart (e.g., a waste incinerator, a land disposal 
unit).
    Waste stabilization process means any physical or chemical process 
used to either reduce the mobility of hazardous constituents in a waste 
or eliminate free liquids as determined by Test Method 9095--Paint 
Filter Liquids Test in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. A waste 
stabilization process includes mixing the waste with binders or other 
materials, and curing the resulting waste and binder mixture. Other 
synonymous terms used to refer to this process are ``waste fixation'' or 
``waste solidification.'' A waste stabilization process does not include 
the adding of absorbent materials to the surface of a waste, without 
mixing, agitation, or subsequent curing, to absorb free liquid.



Sec. 63.682  [Reserved]



Sec. 63.683  Standards: General.

    (a) This section applies to owners and operators of affected sources 
as defined in Sec. 63.680(c) of this subpart.
    (b) The owner or operator shall control the air emissions from each 
affected source in accordance with the following requirements:
    (1) For each off-site material management unit that is part of an 
affected source, the owner or operator shall perform one of the 
following except when the unit is exempted under provisions of paragraph 
(c) of this section:
    (i) Install and operate air emission controls on the off-site 
material management unit in accordance with the standards specified in 
Secs. 63.685 through 63.689 of this subpart, as applicable to the unit;
    (ii) Treat the off-site material to remove or destroy the HAP in 
accordance with the treatment standards specified in Sec. 63.684 of this 
subpart before placing

[[Page 882]]

the material in the off-site material management unit; or
    (iii) Determine that the average VOHAP concentration of each off-
site material stream managed in the off-site material unit remains at a 
level less than 500 parts per million by weight (ppmw) based on the HAP 
content of the off-site material stream at the point-of-delivery. The 
owner or operator shall perform an initial determination of the average 
VOHAP concentration of each off-site material stream using the 
procedures specified in Sec. 63.694(b) of this subpart before the first 
time any portion of the off-site material stream is placed in the unit. 
Thereafter, the owner or operator shall review and update, as necessary, 
this determination at least once every 12 months following the date of 
the initial determination for the off-site material stream.
    (2) For each process vent that is part of an affected source, the 
owner or operator shall control the HAP emitted from the process vent by 
implementing one of the following control measures.
    (i) Install and operate air emission controls on the process vent in 
accordance with the standards specified in Sec. 63.690 of this subpart.
    (ii) Determine that the average VOHAP concentration of each off-site 
material stream managed in the unit on which the process vent is used 
remains at a level less than 500 parts per million by weight (ppmw) 
based on the HAP content of the off-site material stream at the point-
of-delivery. The owner or operator shall perform an initial 
determination of the average VOHAP concentration of each off-site 
material stream using the procedures specified in Sec. 63.694(b) of this 
subpart before the first time any portion of the off-site material 
stream is placed in the unit. Thereafter, the owner or operator shall 
review and update, as necessary, this determination at least once every 
12 months following the date of the initial determination for the off-
site material stream.
    (3) For each equipment component that is part of an affected source 
and meets all of the criteria specified in paragraphs (b)(3)(i) through 
(b)(3)(iii) of this section, the owner or operator shall control the HAP 
emitted from equipment leaks by implementing control measures in 
accordance with the standards specified in Sec. 63.691 of this subpart.
    (i) The equipment component contains or contacts off-site material 
having a total HAP concentration equal to or greater than 10 percent by 
weight;
    (ii) The equipment piece is a pump, compressor, agitator, pressure 
relief device, sampling connection system, open-ended valve or line, 
valve, connector, or instrumentation system; and
    (iii) The equipment piece is intended to operate 300 hours or more 
during a 12-month period.
    (c) Exempted off-site material management units. An off-site 
material management unit is exempted from the requirements specified in 
paragraph (b) of this section when the unit meets any one of the 
exemptions provided in paragraphs (c)(1) through (c)(5) of this section.
    (1) An off-site material management unit is exempted from the 
requirements specified in paragraph (b) of this section if the unit is 
also subject to another subpart under 40 CFR part 61 or 40 CFR part 63, 
and the owner or operator is controlling the HAP listed in Table 1 of 
this subpart that are emitted from the unit in compliance with the 
provisions specified in the other applicable subpart.
    (2) One or more off-site material management units located at a 
plant site can be exempted from the requirements specified in paragraph 
(b) of this section at the discretion of the owner or operator provided 
that the total annual quantity of HAP contained in the off-site material 
placed in the off-site material management units selected by the owner 
or operator to be exempted under this provision is less than 1 megagram 
per year. This total annual HAP quantity for the off-site material shall 
be based on the total quantity of the HAP listed in Table 1 of this 
subpart as determined at the point where the off-site material is placed 
in each exempted unit. For the off-site material management unit 
selected by the owner or operator to be exempted from the under this 
provision, the owner or operator shall meet the following requirements:

[[Page 883]]

    (i) Documentation shall be prepared by the owner or operator and 
maintained at the plant site to support the initial determination of the 
total annual HAP quantity of the off-site material. This documentation 
shall include identification of each off-site material management unit 
selected by the owner or operator to be exempted under paragraph (c)(2) 
of this section and the basis for determining the HAP content of the 
off-site material. The owner or operator shall perform a new 
determination when the extent of changes to the quantity or composition 
of the off-site material placed in the exempted units could cause the 
total annual HAP content in the off-site material to exceed 1 megagram 
per year.
    (ii) Each of the off-site material management units exempted under 
paragraph (c)(2) of this section shall be permanently marked in such a 
manner that it can be readily identified as an exempted unit from the 
other off-site material management units located at the plant site.
    (3) A tank or surface impoundment is exempted from the requirements 
specified in paragraph (b) of this section if the unit is used for a 
biological treatment process that destroys or degrades the HAP contained 
in the material entering the unit, such that either of the following 
conditions is met:
    (i) The HAP reduction efficiency (R) for the process is equal to or 
greater than 95 percent, and the HAP biodegradation efficiency 
(Rbio) for the process is equal to or greater than 95 percent. The 
HAP reduction efficiency (R) shall be determined using the procedure 
specified in Sec. 63.694(g) of this subpart. The HAP biodegradation 
efficiency (Rbio) shall be determined in accordance with the 
requirements of Sec. 63.694(h) of this subpart.
    (ii) The total actual HAP mass removal rate (MRbio) as 
determined in accordance with the requirements of Sec. 63.694(i) of this 
subpart for the off-site material treated by the process is equal to or 
greater than the required HAP mass removal rate (RMR) as determined in 
accordance with the requirements of Sec. 63.694(e) of this subpart.
    (4) An off-site material management unit is exempted from the 
requirements specified in paragraph (b) of this section if the off-site 
material placed in the unit is a hazardous waste that meets the 
numerical concentration limits, applicable to the hazardous waste, as 
specified in 40 CFR part 268--Land Disposal Restrictions under both of 
the following tables:
    (i) Table ``Treatment Standards for Hazardous Waste'' in 40 CFR 
268.40; and
    (ii) Table UTS--``Universal Treatment Standards'' in 40 CFR 268.48.
    (5) A tank used for bulk feed of off-site material to a waste 
incinerator is exempted from the requirements specified in paragraph (b) 
of this section if all of the following conditions are met:
    (i) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--National 
Emission Standards for Benzene Waste Operations for a facility at which 
the total annual benzene quantity from the facility waste is equal to or 
greater than 10 megagrams per year;
    (ii) The enclosure and control device serving the tank were 
installed and began operation prior to July 1, 1996; and
    (iii) The enclosure is designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, Appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into or out of the enclosure by conveyor, vehicles, or other 
mechanical means; entry of permanent mechanical or electrical equipment; 
or to direct airflow into the enclosure. The owner or operator shall 
perform the verification procedure for the enclosure as specified in 
Section 5.0 to ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' annually.



Sec. 63.684  Standards: Off-site material treatment.

    (a) The provisions of this section apply to the treatment of off-
site material to control air emissions for which Sec. 63.683(b)(1)(ii) 
of this subpart references the requirements of this section for such 
treatment.

[[Page 884]]

    (b) The owner or operator shall remove or destroy the HAP contained 
in off-site material streams to be managed in the off-site material 
management unit in accordance with Sec. 63.683(b)(1)(ii) of this subpart 
using a treatment process that continuously achieves, under normal 
operations, one of the following performance levels for the range of 
off-site material stream compositions and quantities expected to be 
treated:
    (1) VOHAP concentration. The treatment process shall reduce the 
VOHAP concentration of the off-site material using a means, other than 
by dilution, to achieve one of the following performance levels, as 
applicable:
    (i) In the case when every off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or greater 
than 500 ppmw at the point-of-delivery, then the VOHAP concentration of 
the off-site material shall be reduced to a level that is less than 500 
ppmw at the point-of-treatment.
    (ii) In the case when the off-site material streams entering the 
treatment process include off-site material streams having average VOHAP 
concentrations less than 500 ppmw at the point-of-delivery, then the 
VOHAP concentration of the off-site material shall be reduced to a level 
at the point-of-treatment that is either:
    (A) Less than the VOHAP concentration limit (CR) established 
for the treatment process using the procedure specified in 
Sec. 63.694(d) of this subpart; or
    (B) Less than the lowest VOHAP concentration determined for each of 
the off-site material streams entering the treatment process as 
determined by the VOHAP concentration of the off-site material at the 
point-of-delivery.
    (2) HAP mass removal. The treatment process shall achieve a 
performance level such that the total quantity of HAP actually removed 
from the off-site material stream (MR) is equal to or greater than the 
required mass removal (RMR) established for the off-site material stream 
using the procedure specified in Sec. 63.694(e) of this subpart. The MR 
for the off-site material streams shall be determined using the 
procedures specified in Sec. 63.694(f) of this subpart.
    (3) HAP reduction efficiency. The treatment process shall achieve a 
performance level such that the total quantity of HAP in the off-site 
material stream is reduced to one of the following performance levels, 
as applicable:
    (i) In the case when the owner or operator determines that off-site 
material stream entering the treatment process has an average VOHAP 
concentration less than 10,000 ppmw at the point-of-delivery, then the 
treatment process shall achieve a performance level such that the total 
quantity of HAP in the off-site material stream is reduced by 95 percent 
or more. The HAP reduction efficiency (R) for the treatment process 
shall be determined using the procedure specified in Sec. 63.694(g) of 
this subpart. The average VOHAP concentration of the off-site material 
stream at the point-of-delivery shall be determined using the procedure 
specified in Sec. 63.694(b) of this subpart.
    (ii) In the case when the off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or greater 
than 10,000 ppmw at the point-of-delivery, then the treatment process 
shall achieve a performance level such that the total quantity of HAP in 
the off-site material stream is reduced by 95 percent or more, and the 
average VOHAP concentration of the off-site material at the point-of-
treatment is less than 100 parts per million by weight (ppmw). The HAP 
reduction efficiency (R) for the treatment process shall be determined 
using the procedure specified in Sec. 63.694(g) of this subpart. The 
average VOHAP concentration of the off-site material stream at the 
point-of-treatment shall be determined using the procedure specified in 
Sec. 63.694(c) of this subpart.
    (4) Biological degradation. The treatment process shall achieve 
either of the following performance levels:
    (i) The HAP reduction efficiency (R) for the treatment process is 
equal to or greater than 95 percent, and the HAP biodegradation 
efficiency (Rbio) for the treatment process is equal to or greater 
than 95 percent. The HAP reduction

[[Page 885]]

efficiency (R) shall be determined using the procedure specified in 
Sec. 63.694(g) of this subpart. The HAP biodegradation efficiency 
(Rbio) shall be determined in accordance with the requirements of 
Sec. 63.694(h) of this subpart.
    (ii) The total quantity of HAP actually removed from the off-site 
material stream by biological degradation (MRbio) shall be equal to 
or greater than the required mass removal (RMR) established for the off-
site material stream using the procedure specified in Sec. 63.694(e) of 
this subpart. The MRbio of the off-site material stream shall be 
determined using the procedures specified in Sec. 63.694(i) of this 
subpart.
    (5) Incineration. The HAP contained in the off-site material stream 
shall be destroyed using one of the following combustion devices:
    (i) An incinerator for which the owner or operator has either:
    (A) Been issued a final permit under 40 CFR part 270, and the 
incinerator is designed and operated in accordance with the requirements 
of 40 CFR 264 subpart O--Incinerators, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR 265 subpart O--Incinerators.
    (ii) A boiler or industrial furnace for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270, and the 
combustion unit is designed and operated in accordance with the 
requirements of 40 CFR part 266 subpart H--Hazardous Waste Burned in 
Boilers and Industrial Furnaces, or
    (B) Has certified compliance with the interim status requirements of 
40 CFR part 266 subpart H Hazardous Waste Burned in Boilers and 
Industrial Furnaces.
    (c) For a treatment process that removes the HAP from the off-site 
material by a means other than thermal destruction or biological 
degradation to achieve one of the performances levels specified in 
paragraph (b)(1), (b)(2), or (b)(3) of this section, the owner or 
operator shall manage the HAP removed from the off-site material in such 
a manner to minimize release of these HAP to the atmosphere, to the 
extent practical. Examples of HAP emission control measures that meet 
the requirements of this paragraph include managing the HAP removed from 
the off-site material in units that use air emission controls in 
accordance with the standards specified in Secs. 63.685 through 63.689 
of this subpart, as applicable to the unit.
    (d) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall demonstrate that the 
treatment process achieves the selected performance level for the range 
of expected off-site material stream compositions expected to be 
treated. An initial demonstration shall be performed as soon as possible 
but no later than 30 days after first time an owner or operator begins 
using the treatment process to manage off-site material streams in 
accordance with the requirements of Sec. 63.683(b)(1)(ii) of this 
subpart. Thereafter, the owner or operator shall review and update, as 
necessary, this demonstration at least once every 12 months following 
the date of the initial demonstration.
    (e) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall ensure that the 
treatment process is achieving the applicable performance requirements 
by continuously monitoring the operation of the process when it is used 
to treat off-site material:
    (1) A continuous monitoring system shall be installed and operated 
for each treatment that measures operating parameters appropriate for 
the treatment process technology. This system shall include a continuous 
recorder that records the measured values of the selected operating 
parameters. The monitoring equipment shall be installed, calibrated, and 
maintained in accordance with the equipment manufacturer's 
specifications. The continuous recorder shall be a data recording device 
that records either an instantaneous data value at least once every 15 
minutes or an average value for intervals of 15 minutes or less.
    (2) For each monitored operating parameter, the owner or operator 
shall

[[Page 886]]

establish a minimum operating parameter value or a maximum operating 
parameter value, as appropriate, to define the range of conditions at 
which the treatment process must be operated to continuously achieve the 
applicable performance requirements of this section.
    (3) When the treatment process is operating to treat off-site 
material, the owner or operator shall inspect the data recorded by the 
continuous monitoring system on a routine basis and operate the 
treatment process such that the actual value of each monitored operating 
parameter is greater than the minimum operating parameter value or less 
than the maximum operating parameter value, as appropriate, established 
for the treatment process.
    (f) The owner or operator shall maintain records for each treatment 
process in accordance with the requirements of Sec. 63.696 of this 
subpart.
    (g) The owner or operator shall prepare and submit reports for each 
treatment process in accordance with the requirements of Sec. 63.697 of 
this subpart.
    (h) The Administrator may at any time conduct or request that the 
owner or operator conduct testing necessary to demonstrate that a 
treatment process is achieving the applicable performance requirements 
of this section. The testing shall be conducted in accordance with the 
applicable requirements of this section. The Administrator may elect to 
have an authorized representative observe testing conducted by the owner 
or operator.



Sec. 63.685  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
emissions from tanks for which Sec. 63.683(b)(1)(i) of this subpart 
references the use of this section for such air emission control.
    (b) The owner or operator shall control air emissions from each tank 
subject to this section in accordance with the following applicable 
requirements:
    (1) For a tank that is part of an existing affected source but the 
tank is not used to manage off-site material having a maximum organic 
vapor pressure that is equal to or greater than 76.6 kPa nor is the tank 
used for a waste stabilization process as defined in Sec. 63.681 of this 
subpart, the owner or operator shall determine whether the tank is 
required to use either Tank Level 1 controls or Tank Level 2 controls as 
specified for the tank by Table 3 of this subpart based on the off-site 
material maximum HAP vapor pressure and the tank's design capacity. The 
owner or operator shall control air emissions from a tank required by 
Table 3 to use Tank Level 1 controls in accordance with the requirements 
of paragraph (c) of this section. The owner or operator shall control 
air emissions from a tank required by Table 3 to use Tank Level 2 
controls in accordance with the requirements of paragraph (d) of this 
section.
    (2) For a tank that is part of a new affected source but the tank is 
not used to manage off-site material having a maximum organic vapor 
pressure that is equal to or greater than 76.6 kPa nor is the tank used 
for a waste stabilization process as defined in Sec. 63.681 of this 
subpart, the owner or operator shall determine whether the tank is 
required to use either Tank Level 1 controls or Tank Level 2 controls as 
specified for the tank by Table 4 of this subpart based on the off-site 
material maximum HAP vapor pressure and the tank's design capacity. The 
owner or operator shall control air emissions from a tank required by 
Table 4 to use Tank Level 1 controls in accordance with the requirements 
of paragraph (c) of this section. The owner or operator shall control 
air emissions from a tank required by Table 4 to use Tank Level 2 
controls in accordance with the requirements of paragraph (d) of this 
section.
    (3) For a tank that is used for a waste stabilization process, the 
owner or operator shall control air emissions from the tank by using 
Tank Level 2 controls in accordance with the requirements of paragraph 
(d) of this section.
    (4) For a tank that manages off-site material having a maximum 
organic vapor pressure that is equal to or greater than the 76.6 kPa, 
the owner or operator shall control air emissions from the tank by 
venting the tank through a closed-vent system to a control device in 
accordance with the requirements of paragraph (g) of this section.

[[Page 887]]

    (c) Owners and operators controlling air emissions from a tank using 
Tank Level 1 controls shall meet the following requirements:
    (1) The owner or operator shall determine the maximum HAP vapor 
pressure for an off-site material to be managed in the tank using Tank 
Level 1 controls before the first time the off-site material is placed 
in the tank. The maximum HAP vapor pressure shall be determined using 
the procedures specified in Sec. 63.694(j) of this subpart. Thereafter, 
the owner or operator shall perform a new determination whenever changes 
to the off-site material managed in the tank could potentially cause the 
maximum HAP vapor pressure to increase to a level that is equal to or 
greater than the maximum HAP vapor pressure limit for the tank design 
capacity category specified in Table 3 or Table 4 of this subpart, as 
applicable to the tank.
    (2) The owner or operator shall control air emissions from the tank 
using a fixed-roof in accordance with the provisions specified in 40 CFR 
63 subpart OO--National Emission Standards for Tanks--Level 1.
    (d) Owners and operators controlling air emissions from a tank using 
Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who elects to control air emissions from a 
tank using a fixed-roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal or 
a metallic shoe seal, as defined in Sec. 63.681 of this subpart; or
    (B) Two continuous seals mounted one above the other. The lower seal 
may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:

[[Page 888]]

    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim spaces vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim exceeds the manufacturer's 
recommended setting.
    (3) The owner or operator shall inspect the internal floating roof 
in accordance with the procedures specified in Sec. 63.695(b) of this 
subpart.
    (f) The owner or operator who elects to control tank emissions by 
using an external floating roof shall meet the requirements specified in 
paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof in 
accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec. 63.681 of this subpart. The total area of 
the gaps between the tank wall and the primary seal shall not exceed 212 
square centimeters (cm\2\) per meter of tank diameter, and the width of 
any portion of these gaps shall not exceed 3.8 centimeters (cm). If a 
metallic shoe seal is used for the primary seal, the metallic shoe seal 
shall be designed so that one end extends into the liquid in the tank 
and the other end extends a vertical distance of at least 61 centimeters 
above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the secondary 
seal shall not exceed 21.2 square centimeters (cm\2\) per meter of tank 
diameter, and the width of any portion of these gaps shall not exceed 
1.3 centimeters (cm).
    (iii) The external floating roof shall be meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped with 
a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float wells shall be equipped 
with covers designed to be bolted or fastened when the cover is secured 
in the closed position.
    (D) Each automatic bleeder vent and each rim space vents shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the tank 
shall be equipped with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the surface from the atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:

[[Page 889]]

    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be secured and 
maintained in a closed position at all times except when the closure 
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall be 
bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the pressure 
beneath the rim seal exceeds the manufacturer's recommended setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the tank in a continuous fashion except during inspections.
    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified in Sec. 63.695(b) of this 
subpart.
    (g) The owner or operator who controls tank air emissions by venting 
to a control device shall meet the requirements specified in paragraphs 
(g)(1) through (g)(3) of this section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank.
    (ii) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the off-site material 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the equipment throughout its intended service life. Factors 
to be considered when selecting the materials for and designing the 
fixed roof and closure devices shall include: organic vapor 
permeability, the effects of any contact with the liquid and its vapor 
managed in the tank; the effects of outdoor exposure to wind, moisture, 
and sunlight; and the operating practices used for the tank on which the 
fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 63.693 of this 
subpart.
    (2) Whenever an off-site material is in the tank, the fixed roof 
shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to the 
control device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the following 
times:
    (A) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a

[[Page 890]]

worker needs to open a port to sample liquid in the tank, or when a 
worker needs to open a hatch to maintain or repair equipment. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of separator.
    (ii) Opening of a safety device, as defined in Sec. 63.681 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (3) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the procedures specified in 
Sec. 63.695 of this subpart.
    (h) The owner or operator who elects to control tank air emissions 
by using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall equipped with closure devices designed 
to operate with no detectable organic emissions as determined using the 
procedure specified in Sec. 63.694(k) of this subpart.
    (3) Whenever an off-site material is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
in the event that opening of a safety device, as defined in Sec. 63.681 
of this subpart, is required to avoid an unsafe condition.
    (i) The owner or operator who elects to control air emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (i)(4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, Appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or to direct airflow into 
the enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to an 
enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, or 
process heater specified in Sec. 63.693 of this subpart.



Sec. 63.686  Standards: Oil-water and organic-water separators.

    (a) The provisions of this section apply to the control of air 
emissions from oil-water separators and organic-water separators for 
which Sec. 63.683(b)(1)(i) of this subpart references the use of this 
section for such air emission control.
    (b) The owner or operator shall control air emissions from the 
separator subject to this section by installing and operating one of the 
following:
    (1) A floating roof in accordance with all applicable provisions 
specified in 40 CFR 63 subpart VV--National Emission Standards for Oil-
Water Separators and Organic-Water Separators. For portions of the 
separator where it is infeasible to install and operate a floating roof, 
such as over a weir mechanism, the owner or operator shall comply with 
the requirements specified in paragraph (b)(2) of this section.
    (2) A fixed-roof that is vented through a closed-vent system to a 
control device in accordance with all applicable provisions specified in 
40 CFR 63 subpart VV--National Emission Standards for Oil-Water 
Separators and Organic-Water Separators.



Sec. 63.687  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
emissions from surface impoundments for which

[[Page 891]]

Sec. 63.683(b)(1)(i) of this subpart references the use of this section 
for such air emission control.
    (b) The owner or operator shall control air emissions from each 
surface impoundment subject to this section by installing and operating 
one of the following, as relevant to the surface impoundment design and 
operation:
    (1) A floating membrane cover in accordance with the applicable 
provisions specified in 40 CFR 63 subpart QQ--National Emission 
Standards for Surface Impoundments; or
    (2) A cover that is vented through a closed-vent system to a control 
device in accordance with all applicable provisions specified in 40 CFR 
63 subpart QQ--National Emission Standards for Surface Impoundments.



Sec. 63.688  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
emissions from containers for which Sec. 63.683(b)(1)(i) of this subpart 
references the use of this section for such air emission control.
    (b) The owner or operator shall control air emissions from each 
container subject to this section in accordance with the following 
requirements, as applicable to the container, except when the special 
provisions for waste stabilization processes specified in paragraph (c) 
of this section apply to the container.
    (1) For a container having a design capacity greater than 0.1 
m3 and less than or equal to 0.46 m3, the owner or operator 
shall control air emissions from the container in accordance with the 
standards for Container Level 1 controls as specified in 40 CFR 63 
subpart PP--National Emission Standards for Containers.
    (2) For a container having a design capacity greater than 0.46 
m3 and the container is not in light-material service as defined in 
Sec. 63.681 of this subpart, the owner or operator shall control air 
emissions from the container in accordance with the standards for 
Container Level 1 controls as specified in 40 CFR 63 subpart PP--
National Emission Standards for Containers.
    (3) For a container having a design capacity greater than 0.46 
m3 and the container is in light-material service as defined in 
Sec. 63.681 of this subpart, the owner or operator shall control air 
emissions from the container in accordance with the standards for 
Container Level 2 controls as specified in 40 CFR 63 subpart PP--
National Emission Standards for Containers.
    (c) When a container subject to this subpart and having a design 
capacity greater than 0.1 m3 is used for treatment of an off-site 
material by a waste stabilization process as defined in Sec. 63.681 of 
this subpart, the owner or operator shall control air emissions from the 
container at those times during the process when the off-site material 
in container is exposed to the atmosphere in accordance with the 
standards for Container Level 3 controls as specified in 40 CFR 63 
subpart PP--National Emission Standards for Containers.



Sec. 63.689  Standards: Transfer systems.

    (a) The provisions of this section apply to the control of air 
emissions from transfer systems for which Sec. 63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) For each transfer system that is subject to this section and is 
an individual drain system, the owner or operator shall control air 
emissions from in accordance with the standards specified in 40 CFR 63 
subpart RR--National Emission Standards for Individual Drain Systems.
    (c) For each transfer system that is subject to this section but is 
not an individual drain system, the owner or operator shall control air 
emissions by installing and operating one of the following:
    (1) A transfer system that uses covers in accordance with the 
requirements specified in paragraph (d) of this section.
    (2) A transfer system that consists of continuous hard-piping. All 
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (3) A transfer system that is enclosed and vented through a closed 
vent system to a control device in accordance with the following 
requirements:

[[Page 892]]

    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the system is maintained at 
a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed vent system and control device are designed and 
operated in accordance with the requirements of Sec. 63.693 of this 
subpart.
    (d) Owners and operators controlling air emissions from a transfer 
system using covers in accordance with the provisions of paragraph 
(c)(1) of this section shall meet the following requirements:
    (1) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the off-site material 
as it is conveyed by the transfer system except for the openings at the 
inlet and outlet to the transfer system through which the off-site 
material passes. The inlet and outlet openings used for passage of the 
off-site material through the transfer system shall be the minimum size 
required for practical operation of the transfer system.
    (2) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
joints or between the interface of the cover edge and its mounting.
    (3) Except for the inlet and outlet openings to the transfer system 
through which the off-site material passes, each opening in the cover 
shall be equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device.
    (4) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the off-site material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and 
closure devices shall include: organic vapor permeability; the effects 
of any contact with the material or its vapors conveyed in the transfer 
system; the effects of outdoor exposure to wind, moisture, and sunlight; 
and the operating practices used for the transfer system on which the 
cover is installed.
    (5) Whenever an off-site material is in the transfer system, the 
cover shall be installed with each closure device secured in the closed 
position except as follows:
    (i) Opening of closure devices or removal of the cover is allowed to 
provide access to the transfer system for performing routine inspection, 
maintenance, repair, or other activities needed for normal operations. 
Examples of such activities include those times when a worker needs to 
open a hatch or remove the cover to repair conveyance equipment mounted 
under the cover or to clear a blockage of material inside the system. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable.
    (ii) Opening of a safety device, as defined in Sec. 63.681 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (6) The owner or operator shall inspect the air emission control 
equipment in accordance with the requirements specified in Sec. 63.695 
of this subpart.



Sec. 63.690  Standards: Process vents.

    (a) The provisions of this section apply to the control of air 
emissions from process vents for which Sec. 63.683(b)(2)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control HAP emitted from the process 
vent within the affected source by connecting each process vent through 
a closed-vent system to a control device that is designed and operated 
in accordance with the standards specified in Sec. 63.693 of this 
subpart with the following exceptions.
    (1) Each individual control device used to comply with the 
requirements of this section is not required to meet the level of 
performance, as applicable to the particular control technology used, 
specified in Secs. 63.693 (d)(1), (e)(1),

[[Page 893]]

(f)(1)(i), and (g)(1)(i) of this subpart provided that these control 
devices are designed and operated to achieve a total reduction of 95 
weight percent or more in the quantity of HAP, listed in Table 1 of this 
subpart, that is emitted from all process vents within the affected 
source.
    (2) For the purpose of complying with this section, a device for 
which the predominate function is the recovery or capture of solvents or 
other organics for use, reuse, or sale (e.g., a primary condenser or a 
solvent recovery unit) is not a control device.



Sec. 63.691  Standards: Equipment leaks.

    (a) The provisions of this section apply to the control of air 
emissions from equipment leaks for which Sec. 63.683(b)(3) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control the HAP emitted from 
equipment leaks in accordance with the applicable provisions of either:
    (1) Section 61.242 through Sec. 61.247 in 40 CFR Part 61 subpart V--
National Emission Standards for Equipment Leaks; or
    (2) Section 63.162 through Sec. 63.182 in 40 CFR Part 63 subpart H--
National Emission Standards for Organic Hazardous Air Pollutants from 
Equipment Leaks.
Sec. 63.692  [Reserved]



Sec. 63.693  Standards: Closed-vent systems and control devices.

    (a) The provisions of this section apply to closed-vent systems and 
control devices used to control air emissions for which another standard 
references the use of this section for such air emission control.
    (b) For each closed-vent system and control device used to comply 
with this section, the owner or operator shall meet the following 
requirements:
    (1) The closed-vent system shall be designed and operated in 
accordance with the requirements specified in paragraph (c) of this 
section.
    (2) The control device shall remove, recover, or destroy HAP at a 
level of performance that achieves the requirements applicable to the 
particular control device technology as specified in paragraphs (d) 
through (h) of this section. The owner or operator shall demonstrate 
that the control device achieves the applicable performance requirements 
by either conducting a performance test or preparing a design analysis 
for the control device in accordance with the requirements specified in 
this section.
    (3) Whenever gases or vapors containing HAP are vented through a 
closed-vent system connected to a control device used to comply with 
this section, the control device shall be operating except at the 
following times:
    (i) The control device may be bypassed for the purpose of performing 
planned routine maintenance of the closed vent system or control device 
in situations when the routine maintenance cannot be performed during 
periods that the emission point vented to the control device is 
shutdown. On an annual basis, the total time that the closed-vent system 
or control device is bypassed to perform routine maintenance shall not 
exceed 240 hours per each 12 month period.
    (ii) The control device may be bypassed for the purpose of 
correcting a malfunction of the closed vent system or control device. 
The owner or operator shall perform the adjustments or repairs necessary 
to correct the malfunction as soon as practicable after the malfunction 
is detected.
    (4) The owner or operator shall ensure that the control device is 
achieving the performance requirements specified in paragraph (b)(2) of 
this section by continuously monitoring the operation of the control 
device as follows:
    (i) A continuous monitoring system shall be installed and operated 
for each control device that measures operating parameters appropriate 
for the control device technology as specified in paragraphs (d) through 
(h) of this section. This system shall include a continuous recorder 
that records the measured values of the selected operating parameters. 
The monitoring equipment shall be installed, calibrated, and maintained 
in accordance with the equipment manufacturer's specifications. The 
continuous recorder shall be a data recording device that records either 
an instantaneous data value at least once

[[Page 894]]

every 15 minutes or an average value for intervals of 15-minutes or 
less.
    (ii) For each monitored operating parameter, the owner or operator 
shall establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the control device must be operated to continuously 
achieve the applicable performance requirements of this section. Each 
minimum or maximum operating parameter value shall be established as 
follows:
    (A) If the owner or operator conducts a performance test to 
demonstrate control device performance, then the minimum or maximum 
operating parameter value shall be established based on values measured 
during the performance test and supplemented, as necessary, by control 
device design analysis and manufacturer recommendations.
    (B) If the owner or operator uses a control device design analysis 
to demonstrate control device performance, then the minimum or maximum 
operating parameter value shall be established based on the control 
device design analysis and the control device manufacturer's 
recommendations.
    (C) When the control device is required to be operating in 
accordance with the provisions of paragraph (b)(3) of this section, the 
owner or operator shall inspect the data recorded by the continuous 
monitoring system on a routine basis and operate the control device such 
that the actual value of each monitored operating parameter is greater 
than the minimum operating parameter value or less than the maximum 
operating parameter value, as appropriate, established for the control 
device.
    (5) The owner or operator shall inspect and monitor the closed-vent 
system in accordance with the requirements of Sec. 63.695(c) of this 
subpart.
    (6) The owner or operator shall maintain records for each closed-
vent system and control device in accordance with the requirements of 
Sec. 63.696 of this subpart.
    (7) The owner or operator shall prepare and submit reports for each 
closed-vent system and control device in accordance with the 
requirements of Sec. 63.697 of this subpart.
    (8) The Administrator may at any time conduct or request that the 
owner or operator conduct a performance test to demonstrate that a 
closed-vent system and control device achieves the applicable 
performance requirements of this section. The performance test shall be 
conducted in accordance with the requirements of Sec. 63.694(l) of this 
subpart. The Administrator may elect to have an authorized 
representative observe a performance test conducted by the owner or 
operator. Should the results of this performance test not agree with the 
determination of control device performance based on a design analysis, 
then the results of the performance test shall be used to establish 
compliance with this section.
    (c) Closed-vent system requirements. (1) The vent stream required to 
be controlled shall be conveyed to the control device by either of the 
following closed-vent systems:
    (i) A closed-vent system that is designed to operate with no 
detectable organic emissions using the procedure specified in 
Sec. 63.694(k) of this subpart; or
    (ii) A closed-vent system that is designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gage or other pressure measurement device that can be read 
from a readily accessible location to verify that negative pressure is 
being maintained in the closed-vent system when the control device is 
operating.
    (2) In situations when the closed-vent system includes bypass 
devices that could be used to divert the gas or vapor stream to the 
atmosphere before entering the control device, each bypass device shall 
be equipped with either a flow indicator as specified in paragraph 
(c)(2)(i) or a seal or locking device as specified in paragraph 
(c)(2)(ii) of this section. For the purpose of complying with this 
paragraph, low leg drains, high point bleeds, analyzer vents, open-ended 
valves or lines, spring-loaded pressure relief valves, and other 
fittings used for safety purposes are not considered to be bypass 
devices.

[[Page 895]]

    (i) If a flow indicator is used to comply with paragraph (c)(2) of 
this section, the indicator shall be installed at the inlet to the 
bypass line used to divert gases and vapors from the closed-vent system 
to the atmosphere at a point upstream of the control device inlet. For 
this paragraph, a flow indicator means a device which indicates either 
the presence of gas or vapor flow in the bypass line.
    (ii) If a seal or locking device is used to comply with paragraph 
(c)(2) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such that 
the bypass device cannot be opened without breaking the seal or removing 
the lock. Examples of such devices include, but are not limited to, a 
car-seal or a lock-and-key configuration valve. The owner or operator 
shall visually inspect the seal or closure mechanism at least once every 
month to verify that the bypass mechanism is maintained in the closed 
position.
    (d) Carbon adsorption control device requirements. (1) The carbon 
adsorption system shall be designed and operated to achieve one of the 
following performance specifications:
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the carbon adsorption system; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total HAP 
listed in Table 1 of this subpart contained in the vent stream entering 
the carbon adsorption system.
    (2) The owner or operator shall demonstrate that the carbon 
adsorption system achieves the performance requirements of paragraph 
(d)(1) of this section by one of the following methods:
    (i) Conduct a performance test in accordance with the requirements 
of Sec. 63.694(l) of this subpart.
    (ii) Prepare a design analysis. This analysis shall address the vent 
stream characteristics and control device operating parameters for the 
applicable carbon adsorption system type as follows:
    (A) For a regenerable carbon adsorption system, the design analysis 
shall address the vent stream composition, constituent concentrations, 
flow rate, relative humidity, and temperature and shall establish the 
design exhaust vent stream organic compound concentration, adsorption 
cycle time, number and capacity of carbon beds, type and working 
capacity of activated carbon used for carbon beds, design total 
regeneration steam flow over the period of each complete carbon bed 
regeneration cycle, design carbon bed temperature after regeneration, 
design carbon bed regeneration time, and design service life of the 
carbon.
    (B) For a nonregenerable carbon adsorption system (e.g., a carbon 
canister), the design analysis shall address the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature and shall establish the design exhaust vent stream 
organic compound concentration, carbon bed capacity, activated carbon 
type and working capacity, and design carbon replacement interval based 
on the total carbon working capacity of the control device and emission 
point operating schedule.
    (3) To meet the monitoring requirements of paragraph (b)(4) of this 
section, the owner or operator shall use one of the following continuous 
monitoring systems:
    (i) For a regenerative-type carbon adsorption system, an integrating 
regeneration stream flow monitoring device equipped with a continuous 
recorder and a carbon bed temperature monitoring device for each 
adsorber vessel equipped with a continuous recorder. The integrating 
regeneration stream flow monitoring device shall have an accuracy of 
10 percent and measure the total regeneration stream mass 
flow during the carbon bed regeneration cycle. The temperature 
monitoring device shall measure the carbon bed temperature after 
regeneration and within 15 minutes of completing the cooling cycle and 
the duration of the carbon bed steaming cycle.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device

[[Page 896]]

using an organic monitoring device equipped with a continuous recorder.
    (iii) A continuous monitoring system that measures other alternative 
operating parameters upon approval of the Administrator as specified in 
40 CFR 63.8 (f)(1) through (f)(5) of this part.
    (4) The owner or operator shall manage the carbon used for the 
carbon adsorption system, as follows:
    (i) Following the initial startup of the control device, all carbon 
in the control device shall be replaced with fresh carbon on a regular, 
predetermined time interval that is no longer than the carbon service 
life established for the carbon adsorption system.
    (ii) The spent carbon removed from the carbon adsorption system 
shall be managed in one of the following ways:
    (A) Regenerated or reactivated in a thermal treatment unit that is 
designed and operated in accordance with the requirements of 40 CFR 264 
subpart X and is permitted under 40 CFR part 270 of this chapter, or 
certified to be in compliance with the interim status requirements of 40 
CFR 265 subpart P of this chapter.
    (B) Burned in a hazardous waste incinerator that is designed and 
operated in accordance with the requirements of 40 CFR 264 subpart O and 
is permitted under 40 CFR part 270 of this chapter, or certified to be 
in compliance with the interim status requirements of 40 CFR part 265 
subpart O.
    (C) Burned in a boiler or industrial furnace that is designed and 
operated in accordance with the requirements of 40 CFR 266 subpart H and 
is permitted under 40 CFR part 270 of this chapter, or certified to be 
in compliance with the interim status requirements of 40 CFR part 266 
subpart H of this chapter.
    (e) Condenser control device requirements. (1) The condenser shall 
be designed and operated to achieve one of the following performance 
specifications:
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the condenser; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total 
HAP, listed in Table 1 of this subpart, contained in the vent stream 
entering the condenser.
    (2) The owner or operator shall demonstrate that the condenser 
achieves the performance requirements of paragraph (e)(1) of this 
section by one of the following methods:
    (i) Conduct performance tests in accordance with the requirements of 
Sec. 63.694(l) of this subpart.
    (ii) Prepare a design analysis. This design analysis shall address 
the vent stream composition, constituent concentrations, flow rate, 
relative humidity, and temperature and shall establish the design outlet 
organic compound concentration level, design average temperature of the 
condenser exhaust vent stream, and the design average temperatures of 
the coolant fluid at the condenser inlet and outlet.
    (3) To meet the continuous monitoring requirements of paragraph 
(b)(3)(ii) of this section, the owner or operator shall use one of the 
following continuous monitoring systems:
    (i) A temperature monitoring device equipped with a continuous 
recorder. The temperature sensor shall be installed at a location in the 
exhaust vent stream from the condenser.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device using an organic monitoring device equipped with a continuous 
recorder.
    (iii) A continuous monitoring system that measures other alternative 
operating parameters upon approval of the Administrator as specified in 
40 CFR 63.8 (f)(1) through (f)(5) of this part.
    (f) Vapor incinerator control device requirements.
    (1) The vapor incinerator shall be designed and operated to achieve 
one of the following performance specifications:
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream entering the vapor incinerator 
either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the TOC, 
less methane and ethane, of less than or equal to 20 parts per million 
by volume

[[Page 897]]

(ppmv) on a dry basis corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the HAP, 
listed in table 1 of this subpart, of less than or equal to 20 parts per 
million by volume (ppmv) on a dry basis corrected to 3 percent oxygen.
    (iii) Maintain the conditions in the vapor incinerator combustion 
chamber at a residence time of 0.5 seconds or longer and at a 
temperature of 760 deg.C or higher.
    (2) The owner or operator shall demonstrate that the vapor 
incinerator achieves the performance requirements of paragraph (f)(1) of 
this section by one of the following methods:
    (i) Conduct performance tests in accordance with the requirements of 
Sec. 63.694(l) of this subpart; or
    (ii) Prepare a design analysis. The design analysis shall include 
analysis of the vent stream characteristics and control device operating 
parameters for the applicable vapor incinerator type as follows:
    (A) For a thermal vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures in the combustion chamber and the combustion chamber 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures across the catalyst bed inlet and outlet, and the design 
service life of the catalyst.
    (3) To meet the monitoring requirements of paragraph (b)(4) of this 
section, the owner or operator shall use one of the following continuous 
monitoring systems, as applicable:
    (i) For a thermal vapor incinerator, a temperature monitoring device 
equipped with a continuous recorder. The temperature sensor shall be 
installed at a location in the combustion chamber downstream of the 
combustion zone.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device capable of monitoring temperature at two locations equipped with 
a continuous recorder. One temperature sensor shall be installed in the 
vent stream at the nearest feasible point to the catalyst bed inlet and 
a second temperature sensor shall be installed in the vent stream at the 
nearest feasible point to the catalyst bed outlet.
    (iii) For either type of vapor incinerator, a continuous monitoring 
system that measures the concentration level of organic compounds in the 
exhaust vent stream from the control device using an organic monitoring 
device equipped with a continuous recorder.
    (iv) For either type of vapor incinerator, a continuous monitoring 
system that measures alternative operating parameters other than those 
specified in paragraphs (f)(3)(i) or (f)(3)(ii) of this section upon 
approval of the Administrator as specified in 40 CFR 63.8 (f)(1) through 
(f)(5) of this part.
    (g) Boilers and process heaters control device requirements.
    (1) The boiler or process heater shall be designed and operated to 
achieve one of the following performance specifications:
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream introduced into the flame zone of 
the boiler or process heater either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the TOC, less methane and ethane, of less than or 
equal to 20 parts per million by volume (ppmv) on a dry basis corrected 
to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the HAP, listed in table 1 of the subpart, of less 
than or equal to 20 parts per million by volume (ppmv) on a dry basis 
corrected to 3 percent oxygen.

[[Page 898]]

    (iii) Introduce the vent stream into the flame zone of the boiler or 
process heater and maintain the conditions in the combustion chamber at 
a residence time of 0.5 seconds or longer and at a temperature of 
760 deg.C or higher.
    (iv) Introduce the vent stream with the fuel that provides the 
predominate heat input to the boiler or process heater (i.e., the 
primary fuel); or
    (v) Introduce the vent stream to a boiler or process heater for 
which the owner or operator either has been issued a final permit under 
40 CFR part 270 and complies with the requirements of 40 CFR part 266 
subpart H of this chapter; or has certified compliance with the interim 
status requirements of 40 CFR part 266 subpart H of this chapter.
    (2) The owner or operator shall demonstrate that the boiler or 
process heater achieves the performance requirements of paragraph 
(g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this section using one of the 
following methods:
    (i) Conduct performance tests in accordance with the requirements of 
Sec. 63.694(l) of this subpart.
    (ii) Prepare a design analysis. The design analysis shall address 
the vent stream composition, constituent concentrations, and flow rate; 
shall establish the design minimum and average flame zone temperatures 
and combustion zone residence time; and shall describe the method and 
location where the vent stream is introduced into the flame zone.
    (3) The owner or operator shall demonstrate that the boiler or 
process heater achieves the performance requirements of paragraph 
(g)(1)(iv) or (g)(1)(v) of this section by keeping records that document 
that the boiler or process heater is designed and operated in accordance 
with the applicable requirements of this section.
    (4) To meet the monitoring requirements of paragraph (b)(4) of this 
section, the owner or operator shall use any of the following continuous 
monitoring systems:
    (i) A temperature monitoring device equipped with a continuous 
recorder. The temperature sensor shall be installed at a location in the 
combustion chamber downstream of the flame zone.
    (ii) A continuous monitoring system that measures the concentration 
level of organic compounds in the exhaust vent stream from the control 
device using an organic monitoring device equipped with a continuous 
recorder.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraphs (g)(3)(i) 
or (g)(3)(ii) of this section upon approval of the Administrator as 
specified in 40 CFR 63.8 (f)(1) through (f)(5) of this part.
    (h) Flare control device requirements. The flare shall be designed 
and operated in accordance with the requirements of 40 CFR 63.11(b). To 
meet the monitoring requirements of paragraph (b)(4) of this section, 
the owner or operator shall use a heat sensing monitoring device 
equipped with a continuous recorder that indicates the continuous 
ignition of the pilot flame.



Sec. 63.694  Testing methods and procedures.

    (a) This section specifies the testing methods and procedures 
required for this subpart to perform the following:
    (1) To determine the average VOHAP concentration for off-site 
material streams at the point-of-delivery for compliance with standards 
specified Sec. 63.683 of this subpart, the testing methods and 
procedures are specified in paragraph (b) of this section.
    (2) To determine the average VOHAP concentration for treated off-
site material streams at the point-of-treatment for compliance with 
standards specified Sec. 63.684 of this subpart, the testing methods and 
procedures are specified in paragraph (c) of this section.
    (3) To determine the treatment process VOHAP concentration limit 
(CR) for compliance with standards specified Sec. 63.684 of this 
subpart, the testing methods and procedures are specified in paragraph 
(d) of this section.
    (4) To determine treatment process required HAP removal rate (RMR) 
for compliance with standards specified Sec. 63.684 of this subpart, the 
testing methods and procedures are specified in paragraph (e) of this 
section.
    (5) To determine treatment process actual HAP removal rate (MR) for 
compliance with standards specified Sec. 63.684 of this subpart, the 
testing methods

[[Page 899]]

and procedures are specified in paragraph (f) of this section.
    (6) To determine treatment process required HAP reduction efficiency 
(R) for compliance with standards specified in Sec. 63.684 of this 
subpart, the testing methods and procedures are specified in paragraph 
(g) of this section.
    (7) To determine treatment process required HAP biodegradation 
efficiency (Rbio) for compliance with standards specified in 
Sec. 63.684 of this subpart, the testing methods and procedures are 
specified in paragraph (h) of this section.
    (8) To determine treatment process required actual HAP mass removal 
rate (MRbio) for compliance with standards specified inSec. 63.684 
of this subpart, the testing methods and procedures are specified in 
paragraph (i) of this section.
    (9) To determine maximum organic HAP vapor pressure of off-site 
materials in tanks for compliance with the standards specified in 
Sec. 63.685 of this subpart, the testing methods and procedures are 
specified in paragraph (j) of this section.
    (10) To determine no detectable organic emissions, the testing 
methods and procedures are specified in paragraph (k) of this section.
    (11) To determine closed-vent system and control device performance 
for compliance with the standards specified in Sec. 63.693 of this 
subpart, the testing methods and procedures are specified in paragraph 
(l) of this section.
    (b) Testing methods and procedures to determine average VOHAP 
concentration of an off-site material stream at the point-of-delivery.
    (1) The average VOHAP concentration of an off-site material at the 
point-of-delivery shall be determined using either direct measurement as 
specified in paragraph (b)(2) of this section or by knowledge as 
specified in paragraph (b)(3) of this section.
    (2) Direct measurement to determine VOHAP concentration--(i) 
Sampling. Samples of the off-site material stream shall be collected 
from the container, pipeline, or other device used to deliver the off-
site material stream to the plant site in a manner such that 
volatilization of organics contained in the sample is minimized and an 
adequately representative sample is collected and maintained for 
analysis by the selected method.
    (A) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the off-site material stream but shall not exceed 1 
year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during the 
entire averaging period due to normal variations in the operating 
conditions for the source or process generating the off-site material 
stream. Examples of such normal variations are seasonal variations in 
off-site material quantity or fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream are collected 
such that a minimum loss of organics occurs throughout the sample 
collection and handling process and by which sample integrity is 
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable 
sampling plan includes a plan incorporating sample collection and 
handling procedures in accordance with the requirements specified in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Each collected sample shall be prepared and analyzed 
in accordance with one of the following methods:
    (A) Method 25D in 40 CFR part 60, appendix A.
    (B) Method 305 in 40 CFR part 63, appendix A.
    (C) Method 624 in 40 CFR part 136, appendix A.

[[Page 900]]

    (D) Method 1624 in 40 CFR part 136, appendix A.
    (E) Method 1625 in 40 CFR part 136, appendix A.
    (F) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 and Section 5.3 of Method 
301 in 40 CFR part 63, appendix A.
    (iii) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (b)(2)(ii) of this section and the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.037

where:
C=Average VOHAP concentration of the off-site material at the point-of-
delivery on a mass-weighted basis, ppmw.
i=Individual sample ``i'' of the off-site material.
n=Total number of samples of the off-site material collected (at least 
4) for the averaging period (not to exceed 1 year).
Qi=Mass quantity of off-site material stream represented by 
Ci, kg/hr.
QT=Total mass quantity of off-site material during the averaging 
period, kg/hr.
Ci=Measured VOHAP concentration of sample ``i'' as determined in 
accordance with the requirements of Sec. 63.693(b)(2)(ii), ppmw.

    (3) Knowledge of the off-site material to determine VOHAP 
concentration.
    (i) Documentation shall be prepared that presents the information 
used as the basis for the owner's or operator's knowledge of the off-
site material stream's average VOHAP concentration. Examples of 
information that may be used as the basis for knowledge include: 
material balances for the source or process generating the off-site 
material stream; species-specific chemical test data for the off-site 
material stream from previous testing that are still applicable to the 
current off-site material stream; previous test data for other locations 
managing the same type of off-site material stream; or other knowledge 
based on information included in manifests, shipping papers, or waste 
certification notices.
    (ii) If test data are used as the basis for knowledge, then the 
owner or operator shall document the test method, sampling protocol, and 
the means by which sampling variability and analytical variability are 
accounted for in the determination of the average VOHAP concentration. 
For example, an owner or operator may use HAP concentration test data 
for the off-site material stream that are validated in accordance with 
Method 301 in 40 CFR part 63, appendix A of this part as the basis for 
knowledge of the off-site material.
    (iii) An owner or operator using species-specific chemical 
concentration test data as the basis for knowledge of the off-site 
material may adjust the test data to the corresponding average VOHAP 
concentration value which would be obtained had the off-site material 
samples been analyzed using Method 305. To adjust these data, the 
measured concentration for each individual HAP chemical species 
contained in the off-site material is multiplied by the appropriate 
species-specific adjustment factor (fm305) listed in Table 1 of 
this subpart.
    (iv) In the event that the Administrator and the owner or operator 
disagree on a determination of the average VOHAP concentration for an 
off-site material stream using knowledge, then the results from a 
determination of VOHAP concentration using direct measurement as 
specified in paragraph (b)(2) of this section shall be used to establish 
compliance with the applicable requirements of this subpart. The 
Administrator may perform or request that the owner or operator perform 
this determination using direct measurement.
    (c) Determination of average VOHAP concentration of an off-site 
material stream at the point-of-treatment--(1) Sampling. Samples of the 
off-site material stream shall be collected at the point-of-treatment in 
a manner such that volatilization of organics contained in the sample is 
minimized and an adequately representative sample is collected and 
maintained for analysis by the selected method.

[[Page 901]]

    (i) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the off-site material stream but shall not exceed 1 
year.
    (ii) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during the 
entire averaging period due to normal variations in the operating 
conditions for the treatment process. Examples of such normal variations 
are seasonal variations in off-site material quantity or fluctuations in 
ambient temperature.
    (iii) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream such that a 
minimum loss of organics occurs throughout the sample collection and 
handling process and by which sample integrity is maintained. A copy of 
the written sampling plan shall be maintained on-site in the plant site 
operating records. An example of an acceptable sampling plan includes a 
plan incorporating sample collection and handling procedures in 
accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (2) Analysis. Each collected sample shall be prepared and analyzed 
in accordance with the one of the following methods:
    (i) Method 25D in 40 CFR part 60, appendix A.
    (ii) Method 305 in 40 CFR part 63, appendix A.
    (iii) Method 624 in 40 CFR part 136, appendix A.
    (iv) Method 1624 in 40 CFR part 136, appendix A.
    (v) Method 1625 in 40 CFR part 136, appendix A.
    (3) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (c)(2) of this section and the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.038

Where:
C=Average VOHAP concentration of the off-site material on a mass-
weighted basis, ppmw.
i=Individual sample ``i'' of the off-site material.
n=Total number of samples of the off-site material collected (at least 
4) for the averaging period (not to exceed 1 year).
Qi=Mass quantity of off-site material stream represented by 
Ci, kg/hr.
QT=Total mass quantity of off-site material during the averaging 
period, kg/hr.
Ci=Measured VOHAP concentration of sample ``i'' as determined in 
accordance with the requirements of Sec. 63.693(c)(2), ppmw.

    (d) Determination of treatment process VOHAP concentration limit 
(CR). (1) All of the off-site material streams entering the 
treatment process shall be identified.
    (2) The average VOHAP concentration of each off-site material stream 
at the point-of-delivery shall be determined using the procedures 
specified in paragraph (b) of this section.
    (3) The VOHAP concentration limit (CR) shall be calculated by 
using the results determined for each individual off-site material 
stream and the following equation:

[[Page 902]]

[GRAPHIC] [TIFF OMITTED] TR01JY96.039


where:
CR=VOHAP concentration limit, ppmw.
x=Individual off-site material stream ``x'' that has a VOHAP 
concentration less than 500 ppmw at the point-of-delivery.
y=Individual off-site material stream ``y'' that has a VOHAP 
concentration equal to or greater than 500 ppmw at the point-of-
delivery.
m=Total number of ``x'' off-site material streams treated by process.
n=Total number of ``y'' off-site material streams treated by process.
Qx=Total mass quantity of off-site material stream ``x'', kg/yr.
Qy=Total mass quantity of off-site material stream ``y'', kg/yr.
Cx=VOHAP concentration of off-site material stream ``x'' at the 
point-of-delivery, ppmw.

    (e) Determination of required HAP mass removal rate (RMR). (1) All 
of the off-site material streams entering the treatment process shall be 
identified.
    (2) The average VOHAP concentration of each off-site material stream 
at the point-of-delivery shall be determined in accordance with the 
requirements of paragraph (b) of this section.
    (3) For each individual off-site material stream that has an average 
VOHAP concentration equal to or greater than 500 ppmw at the point-of-
delivery, the average volumetric flow rate and the density of the off-
site material stream at the point-of-delivery shall be determined.
    (4) The required HAP mass removal rate (RMR) shall be calculated by 
using the average VOHAP concentration, average volumetric flow rate, and 
density determined for each off-site material stream and the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.040

where:
RMR=Required HAP mass removal rate, kg/hr.
y=Individual off-site material stream ``y'' that has a VOHAP 
concentration equal to or greater than 500 ppmw at the point-of-delivery 
as determined in accordance with the requirements of Sec. 63.693(b).
n=Total number of ``y'' off-site material streams treated by process.
Vy=Average volumetric flow rate of off-site material stream ``y'' 
at the point-of-delivery, m3/hr.
ky=Density of off-site material stream ``y'', kg/m3
Cy=Average VOHAP concentration of off-site material stream ``y'' at 
the point-of-delivery as determined in accordance with the requirements 
of Sec. 63.693(b), ppmw.

    (f) Determination of actual HAP mass removal rate (MR). (1) The 
actual HAP mass removal rate (MR) shall be determined based on results 
for a minimum of three consecutive runs. The sampling time for each run 
shall be 1 hour.
    (2) The off-site material HAP mass flow entering the process 
(Eb) and the off-site material HAP mass flow exiting the process 
(Ea) shall be determined in accordance with the requirements of 
paragraph (g)(4) of this section.
    (3) The actual mass removal rate shall be calculated by using the 
mass flow rates determined in accordance with the requirements of 
paragraph (f)(2) of this section and the following equation:

MR = Eb-Ea

where:
MR=Actual HAP mass removal rate, kg/hr.
Eb=Off-site material HAP mass flow entering process as determined 
in accordance with the requirements of paragraph (f)(2) of this section, 
kg/hr.

[[Page 903]]

Ea=Off-site material HAP mass flow exiting process as determined in 
accordance with the requirements of paragraph (f)(2) of this section, 
kg/hr.

    (g) Determination of treatment process HAP reduction efficiency (R). 
(1) The HAP reduction efficiency (R) for a treatment process shall be 
determined based on results for a minimum of three consecutive runs.
    (2) All off-site material streams entering the treatment process and 
all off-site material streams exiting the treatment process shall be 
identified. The owner or operator shall prepare a sampling plan for 
measuring these streams that accurately reflects the retention time of 
the off-site material in the process.
    (3) For each run, information shall be determined for each off-site 
material stream identified in paragraph (g)(2) of this section using the 
following procedures:
    (i) The mass quantity of each off-site material stream entering the 
process (Qb) and the mass quantity of each off-site material stream 
exiting the process (Qa) shall be determined.
    (ii) The average VOHAP concentration at the point-of-delivery of 
each off-site material stream entering the process (Cb) during the 
run shall be determined in accordance with the requirements of paragraph 
(b) of this section. The VOHAP concentration of the off-site material 
stream at the point-of-treatment (Ca) during the run shall be 
determined in accordance with the applicable requirements of paragraph 
(c) of this section.
    (4) The off-site material HAP mass flow entering the process 
(Eb) and the off-site material HAP mass flow exiting the process 
(Ea) shall be calculated by using the results determined in 
accordance with paragraph (g)(3) of this section and the following 
equations:
[GRAPHIC] [TIFF OMITTED] TR01JY96.041

      
    [GRAPHIC] [TIFF OMITTED] TR01JY96.042
    
where:

Eb=Off-site material HAP mass flow entering process, kg/hr.
Ea=Off-site material HAP mass flow exiting process, kg/hr.
m=Total number of runs (at least 3)
j=Individual run ``j''
QV=Mass quantity of off-site material entering process during run 
``j'', kg/hr.
Qaj=Average mass quantity of off-site material exiting process 
during run ``j'', kg/hr.
Caj=Average VOHAP concentration of off-site material exiting 
process during run ``j'' as determined in accordance with the 
requirements of Sec. 63.693(b), ppmw.
CV=Average VOHAP concentration of off-site material entering 
process during run ``j'' as determined in accordance with the 
requirements of Sec. 63.693(b), ppmw.

    (5) The HAP reduction efficiency (R) shall be calculated by using 
the results determined in accordance with paragraph (g)(4) of this 
section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.043

where:
R=HAP reduction efficiency, percent.
Eb=Off-site material HAP mass flow entering process as determined 
in accordance with the requirements of paragraph (d)(4) of this section, 
kg/hr.
Ea=Off-site material HAP mass flow exiting process as determined in 
accordance with the requirements of paragraph (d)(4) of this section, 
kg/hr.

    (h) Determination of HAP biodegradation efficiency (Rbio). (1) 
The fraction of HAP biodegraded (Fbio) shall be determined using 
the procedure specified in 40 CFR part 63, appendix C of this part.
    (2) The HAP biodegradation efficiency (Rbio) shall be 
calculated by using the following equation:

Rbio=Fbio  x  100


[[Page 904]]


where:
Rbio = HAP biodegradation efficiency, percent.
Fbio = Fraction of HAP biodegraded as determined in accordance with 
the requirements of paragraph (h)(1) of this section.

    (i) Determination of actual HAP mass removal rate (MRbio). (1) 
The actual HAP mass removal rate (MRbio) shall be determined based 
on results for a minimum of three consecutive runs. The sampling time 
for each run shall be 1 hour.
    (2) The off-site material HAP mass flow entering the process 
(Eb) shall be determined in accordance with the requirements of 
paragraph (g)(4) of this section.
    (3) The fraction of HAP biodegraded (Fbio) shall be determined 
using the procedure specified in 40 CFR part 63, appendix C of this 
part.
    (4) The actual mass removal rate shall be calculated by using the 
HAP mass flow rates and fraction of HAP biodegraded determined in 
accordance with the requirements of paragraphs (i)(2) and (i)(3), 
respectively, of this section and the following equation:

MRbio=Eb x Fbio

where:

MRbio=Actual HAP mass removal rate, kg/hr.
Eb=Off-site material HAP mass flow entering process, kg/hr.
Fbio=Fraction of HAP biodegraded.

    (j) Determination of maximum HAP vapor pressure for off-site 
material in a tank. (1) The maximum HAP vapor pressure of the off-site 
material composition managed in a tank shall be determined using either 
direct measurement as specified in paragraph (j)(2) of this section or 
by knowledge of the off-site material as specified by paragraph (j)(3) 
of this section.
    (2) Direct measurement to determine the maximum HAP vapor pressure 
of an off-site material.
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the off-site material contained in the tank. All 
samples shall be collected and handled in accordance with written 
procedures prepared by the owner or operator and documented in a site 
sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material is collected such that a 
minimum loss of organics occurs throughout the sample collection and 
handling process and by which sample integrity is maintained. A copy of 
the written sampling plan shall be maintained on-site in the plant site 
operating records. An example of an acceptable sampling plan includes a 
plan incorporating sample collection and handling procedures in 
accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Any one of the following methods may be used to 
analyze the samples and compute the maximum HAP vapor pressure of the 
off-site material:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Bulletin 2517, 
``Evaporation Loss from External Floating Roof Tanks,'';
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-83; or
    (E) Any other method approved by the Administrator.
    (3) Use of knowledge to determine the maximum HAP vapor pressure of 
the off-site material. Documentation shall be prepared and recorded that 
presents the information used as the basis for the owner's or operator's 
knowledge that the maximum HAP vapor pressure of the off-site material 
is less than the maximum vapor pressure limit listed in Table 3 or Table 
4 of this subpart for the applicable tank design capacity category. 
Examples of information that may be used include: the off-site material 
is generated by a process for which at other locations it previously has 
been determined by direct measurement that the off-site material maximum 
HAP vapor pressure is less than the maximum vapor pressure limit for the 
appropriate tank design capacity category.
    (k) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart. (1) The test shall be 
conducted in accordance with

[[Page 905]]

the procedures specified in Method 21 of 40 CFR part 60, appendix A. 
Each potential leak interface (i.e., a location where organic vapor 
leakage could occur) on the cover and associated closure devices shall 
be checked. Potential leak interfaces that are associated with covers 
and closure devices include, but are not limited to: the interface of 
the cover and its foundation mounting; the periphery of any opening on 
the cover and its associated closure device; and the sealing seat 
interface on a spring-loaded pressure-relief valve.
    (2) The test shall be performed when the unit contains a material 
having an organic HAP concentration representative of the range of 
concentrations for the off-site materials expected to be managed in the 
unit. During the test, the cover and closure devices shall be secured in 
the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the off-site material 
placed in the unit, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 500 ppmv. If the difference is less than 
500 ppmv, then the potential leak interface is determined to operate 
with no detectable organic emissions.
    (l) Control device performance test procedures.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites at the inlet and 
outlet of the control device.
    (i) To determine compliance with a control device percent reduction 
requirement, sampling sites shall be located at the inlet of the control 
device as specified in paragraphs (l)(1)(i)(A) and (l)(1)(i)(B) of this 
section, and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as a 
auxiliary fuel into a boiler or process heater, the location of the 
inlet sampling sites shall be selected to ensure that the measurement of 
total HAP concentration or TOC concentration, as applicable, includes 
all vent streams and primary and secondary fuels introduced into the 
boiler or process heater.
    (ii) To determine compliance with an enclosed combustion device 
concentration limit, the sampling site shall be located at the outlet of 
the device.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the control device percent 
reduction requirement, the owner or operator shall use Method 18 of 40 
CFR part 60, appendix A of this chapter; alternatively, any other method 
or data that has been validated according to the applicable procedures 
in Method 301 in 40 CFR

[[Page 906]]

part 63, appendix A of this part may be used. The following procedures 
shall be used to calculate percent reduction efficiency:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time such as 15 minute intervals during 
the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei and Eo ,respectively) shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR01JY96.044
    
where:
Cij, Coj=Concentration of sample component j of the gas stream 
at the inlet and outlet of the control device, respectively, dry basis, 
parts per million by volume.
Ei, Eo=Mass rate of TOC (minus methane and ethane) or total 
HAP at the inlet and outlet of the control device, respectively, dry 
basis, kilogram per hour.
Mij, Moj=Molecular weight of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, 
gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and outlet of the 
control device, respectively, dry standard cubic meter per minute.
K2=Constant, 2.494  x 10-\6\ (parts per million) -\1\ 
(gram-mole per standard cubic meter) (kilogram/gram) (minute/hour), 
where standard temperature (gram-mole per standard cubic meter) is 20  
deg.C.
    (B) When the TOC mass rate is calculated, all organic compounds 
(minus methane and ethane) measured by Method 18 of 40 CFR part 60, 
appendix A shall be summed using the equation in paragraph (l)(3)(ii)(A) 
of this section.
    (C) When the total HAP mass rate is calculated, only the HAP 
constituents shall be summed using the equation in paragraph 
(l)(3)(ii)(A) of this section.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JY96.045

where:
Rcd=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) or total HAP at the 
inlet to the control device as calculated under paragraph (l)(3)(ii) of 
this section, kilograms TOC per hour or kilograms HAP per hour.
Eo=Mass rate of TOC (minus methane and ethane) or total HAP at the 
outlet of the control device, as calculated under paragraph (l)(3)(ii) 
of this section, kilograms TOC per hour or kilograms HAP per hour.

    (iv) If the vent stream entering a boiler or process heater is 
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total HAP or TOC (minus methane and ethane) across 
the device shall be determined by comparing the TOC (minus methane and 
ethane) or total HAP in all combusted vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total HAP 
exiting the device, respectively.
    (4) To determine compliance with the enclosed combustion device 
total HAP

[[Page 907]]

concentration limit of this subpart, the owner or operator shall use 
Method 18 of 40 CFR part 60, appendix A to measure either TOC (minus 
methane and ethane) or total HAP. Alternatively, any other method or 
data that has been validated according to Method 301 in appendix A of 
this part, may be used. The following procedures shall be used to 
calculate parts per million by volume concentration, corrected to 3 
percent oxygen:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (ii) The TOC concentration or total HAP concentration shall be 
calculated according to paragraph (m)(4)(ii)(A) or (m)(4)(ii)(B) of this 
section.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation:

[GRAPHIC] [TIFF OMITTED] TR01JY96.046

where:
CTOC=Concentration of total organic compounds minus methane and 
ethane, dry basis, parts per million by volume.
Cji=Concentration of sample components j of sample i, dry basis, 
parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (B) The total HAP concentration (CHAP) shall be computed 
according to the equation in paragraph (l)(4)(ii)(A) of this section 
except that only HAP constituents shall be summed.
    (iii) The measured TOC concentration or total HAP concentration 
shall be corrected to 3 percent oxygen as follows:
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2dry). The samples shall be collected during the same time that 
the samples are collected for determining TOC concentration or total HAP 
concentration.
    (B) The concentration corrected to 3 percent oxygen (Cc) shall 
be computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR01JY96.047

where:
Cc=TOC concentration or total HAP concentration corrected to 3 
percent oxygen, dry basis, parts per million by volume.
Cm=Measured TOC concentration or total HAP concentration, dry 
basis, parts per million by volume.
%O2dry=Concentration of oxygen, dry basis, percent by volume.



 Sec. 63.695  Inspection and monitoring requirements.

    (a) This section specifies the inspection and monitoring procedures 
required to perform the following:
    (1) To inspect tank fixed-roofs and floating roofs for compliance 
with the Tank level 2 controls standards specified in Sec. 63.685 of 
this subpart, the inspection procedures are specified in paragraph (b) 
of this section.
    (2) To inspect and monitor closed-vent systems for compliance with 
the standards specified in Sec. 63.693 of this subpart, the inspection 
and monitoring procedure are specified in paragraph (c) of this section.
    (3) To inspect and monitor transfer system covers for compliance 
with the standards specified in Sec. 63.689(c)(1) of this subpart, the 
inspection and monitoring procedure are specified in paragraph (d) of 
this section.
    (b) Tank Level 2 fixed roof and floating roof inspection 
requirements. (1) Owners and operators that use a tank equipped with an 
internal floating roof in accordance with the provisions of 
Sec. 63.685(e) of this subpart shall meet the following inspection 
requirements:
    (i) The floating roof and its closure devices shall be visually 
inspected by

[[Page 908]]

the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, the internal 
floating roof is not floating on the surface of the liquid inside the 
tank; liquid has accumulated on top of the internal floating roof; any 
portion of the roof seals have detached from the roof rim; holes, tears, 
or other openings are visible in the seal fabric; the gaskets no longer 
close off the waste surfaces from the atmosphere; or the slotted 
membrane has more than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided for in paragraph (b)(1)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every 12 months after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years. Prior to each inspection, the owner or operator 
shall notify the Administrator in accordance with the reporting 
requirements specified in Sec. 63.697 of this subpart.
    (iii) As an alternative to performing the inspections specified in 
paragraph (b)(1)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years. Prior to each inspection, the owner or operator shall 
notify the Administrator in accordance with the reporting requirements 
specified in Sec. 63.697 of this subpart.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (2) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec. 63.685(f) of 
this subpart shall meet the following requirements:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps between 
the tank wall and the primary seal within 60 days after initial 
operation of the tank following installation of the floating roof and, 
thereafter, at least once every 5 years. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec. 63.697 of this subpart.
    (B) The owner or operator shall perform measurements of gaps between 
the tank wall and the secondary seal within 60 days after initial 
operation of the separator following installation of the floating roof 
and, thereafter, at least once every year. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec. 63.697 of this subpart.
    (C) If a tank ceases to hold off-site material for a period of 1 
year or more, subsequent introduction of off-site material into the tank 
shall be considered an initial operation for the purposes of paragraphs 
(b)(2)(i)(A) and (b)(2)(i)(B) of this section.
    (D) The owner shall determine the total surface area of gaps in the 
primary seal and in the secondary seal individually using the following 
procedure.
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where a 0.32-centimeter (cm) diameter 
uniform probe passes freely (without forcing or binding against the 
seal) between the seal and the wall of the tank and measure the 
circumferential distance of each such location.
    (3) For a seal gap measured under paragraph (b)(2) of this section, 
the gap surface area shall be determined by

[[Page 909]]

using probes of various widths to measure accurately the actual distance 
from the tank wall to the seal and multiplying each such width by its 
respective circumferential distance.
    (4) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal perimeter of the tank. These total gap areas 
for the primary seal and secondary seal are then are compared to the 
respective standards for the seal type as specified in Sec. 63.685(f)(1) 
of this subpart.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in Sec. 63.685(f)(1) of this subpart, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (b)(4) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to: holes, 
tears, or other openings in the rim seal or seal fabric of the floating 
roof; a rim seal detached from the floating roof; all or a portion of 
the floating roof deck being submerged below the surface of the liquid 
in the tank; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (B) The owner or operator shall perform the inspections following 
installation of the external floating roof and, thereafter, at least 
once every year.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696(d) of this 
subpart.
    (3) Owners and operators that use a tank equipped with a fixed roof 
in accordance with the provisions of Sec. 63.685(g) of this subpart 
shall meet the following requirements:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the separator wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the fixed roof and, thereafter, at least once every 
year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696(e) of this 
subpart.
    (4) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of paragraph 
(b)(1), (b)(2), or (b)(3) of this section in the following manner:
    (i) The owner or operator shall within 45 calendar days of detecting 
the defect either repair the defect or empty the tank and remove it from 
service. If within this 45-day period the defect cannot be repaired or 
the tank cannot be removed from service without disrupting operations at 
the plant site, the owner or operator is allowed two 30-day extensions. 
In cases when an owner or operator elects to use a 30-day extension, the 
owner or operator shall prepare and maintain documentation describing 
the defect, explaining why alternative storage capacity is not 
available, and specify a schedule of actions that will ensure that the 
control equipment will be repaired or the tank emptied as soon as 
possible.
    (ii) When a defect is detected during an inspection of a tank that 
has been

[[Page 910]]

emptied and degassed, the owner or operator shall repair the defect 
before refilling the tank.
    (c) Owners and operators that use a closed vent system in accordance 
with the provisions of Sec. 63.693 of this subpart shall meet the 
following inspection and monitoring requirements:
    (1) Each closed-vent system that is used to comply with 
Sec. 63.693(c)(1)(i) of this subpart shall be inspected and monitored in 
accordance with the following requirements:
    (i) At initial startup, the owner or operator shall monitor the 
closed-vent system components and connections using the procedures 
specified in Sec. 63.693(k) of this subpart to demonstrate that the 
closed-vent system operates with no organic detectable emissions.
    (ii) After initial startup, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of hard piping or a bolted and gasketed ducting flange) shall 
be visually inspected at least once per year to check for defects that 
could result in air emissions. The owner or operator shall monitor a 
component or connection using the procedures specified in Sec. 63.693(k) 
of this subpart to demonstrate that it operates with no detectable 
organic emissions following any time the component is repaired or 
replaced (e.g., a section of damaged hard piping is replaced with new 
hard piping) or the connection is unsealed (e.g., a flange is unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (c)(1)(ii)(A) of this section, shall be monitored 
at least once per year using the procedures specified in Sec. 63.693(k) 
of this subpart to demonstrate that components or connections operate 
with no detectable organic emissions.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in 
Sec. 63.696 of this subpart.
    (2) Each closed-vent system that is used to comply with 
Sec. 63.693(c)(1)(ii) of this subpart shall be inspected and monitored 
in accordance with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air emissions. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in ductwok or piping; loose connections; or broken or missing caps or 
other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the closed-vent system and, thereafter, at least once 
every year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection.
    (ii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.696 of 
this subpart.
    (d) Owners and operators that use a transfer system equipped with a 
cover in accordance with the provisions of Sec. 63.689(c)(1) of this 
subpart shall meet the following inspection requirements:
    (1) The cover and its closure devices shall be visually inspected by 
the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover sections or between the cover and its 
mounting; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.

[[Page 911]]

    (2) The owner or operator shall perform the inspections following 
installation of the cover and, thereafter, at least once every year.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(5) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.696 of this 
subpart.
    (5) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (c)(5)(ii) of this section.
    (ii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.696 of 
this subpart.



Sec. 63.696  Recordkeeping requirements.

    (a) The owner or operator subject to this subpart shall comply with 
the recordkeeping requirements in Sec. 63.10 under 40 CFR 63 subpart A--
General Provisions that are applicable to this subpart as specified in 
Table 2 of this subpart.
    (b) The owner or operator of a control device subject to this 
subpart shall maintain the records in accordance with the requirements 
of 40 CFR 63.10 of this part.
    (c) [Reserved]
    (d) Each owner or operator using an internal floating roof to comply 
with the tank control requirements specified in Sec. 63.685(e) of this 
subpart or using an external floating roof to comply with the tank 
control requirements specified in Sec. 63.685(f) of this subpart shall 
prepare and maintain the following records:
    (1) Documentation describing the floating roof design and the 
dimensions of the tank.
    (2) A record for each inspection required by Sec. 63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and the 
date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 63.695(b)(4) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (4) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec. 63.685(f) of 
this subpart shall prepare and maintain records for each seal gap 
inspection required by Sec. 63.695(b) describing the results of the seal 
gap measurements. The records shall include the date of that the 
measurements are performed, the raw data obtained for the measurements, 
and the calculations of the total gap surface area. In the event that 
the seal gap measurements do not conform to the specifications in 
Sec. 63.695(b) of this subpart, the records shall include a description 
of the repairs that were made, the date the repairs were made, and the 
date the separator was emptied, if necessary.
    (e) Each owner or operator using a fixed roof to comply with the 
tank control requirements specified in Sec. 63.685(g) of this subpart 
shall prepare and maintain the following records:
    (1) A record for each inspection required by Sec. 63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and the 
date of inspection.
    (2) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with

[[Page 912]]

the provisions of Sec. 63.695(b)(4) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (f) Each owner or operator using an enclosure to comply with the 
tank control requirements specified in Sec. 63.685(i) of this subpart 
shall prepare and maintain records for the most recent set of 
calculations and measurements performed by the owner or operator to 
verify that the enclosure meets the criteria of a permanent total 
enclosure as specified in ``Procedure T--Criteria for and Verification 
of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, 
Appendix B.
    (g) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (g)(1) and (g)(2) of this section 
for those planned routine maintenance operations that would require the 
control device not to meet the requirements of Sec. 63.693(d) through 
(h) of this subpart, as applicable.
    (1) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (2) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during these 6 months that the control device did 
not meet the requirement of Sec. 63.693 (d) through (h) of this subpart, 
as applicable, due to planned routine maintenance.
    (h) An owner or operator shall record the information specified in 
paragraphs (h)(1) through (h)(3) of this section for those unexpected 
control device system malfunctions that would require the control device 
not to meet the requirements of Sec. 63.693 (d) through (h) of this 
subpart, as applicable.
    (1) The occurrence and duration of each malfunction of the control 
device system.
    (2) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device while the control device is not 
properly functioning.
    (3) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.



Sec. 63.697  Reporting requirements.

    (a) The owner or operator subject to this subpart shall comply with 
the notification requirements in Sec. 63.9 and the reporting 
requirements in Sec. 63.10 under 40 CFR 63 subpart A--General Provisions 
that are applicable to this subpart as specified in Table 2 of this 
subpart.
    (b) The owner or operator of a control device used to meet the 
requirements of Sec. 63.693 of this subpart shall submit the following 
reports to the Administrator:
    (1) A Notification of Performance Tests specified in Sec. 63.7 and 
Sec. 63.9(g) of this part,
    (2) Performance test reports specified in Sec. 63.10(d)(2) of this 
part
    (3) Startup, shutdown, and malfunction reports specified in 
Sec. 63.10(d)(5) of this part,
    (i) If actions taken by an owner or operator during a startup, 
shutdown, or malfunction of an affected source (including actions taken 
to correct a malfunction) are not completely consistent with the 
procedures specified in the source's startup, shutdown, and malfunction 
plan specified in Sec. 63.6(e)(3) of this part, the owner or operator 
shall state such information in the report. The startup, shutdown, or 
malfunction report shall consist of a letter, containing the name, 
title, and signature of the responsible official who is certifying its 
accuracy, that shall be submitted to the Administrator, and
    (ii) Separate startup, shutdown, or malfunction reports are not 
required if the information is included in the report specified in 
paragraph (b)(6) of this section.
    (4) A summary report specified in Sec. 63.10(e)(3) of this part 
shall be submitted on a semi-annual basis (i.e., once every 6-month 
period).

[[Page 913]]

    (c) Each owner or operator using an internal floating roof or 
external floating roof to comply with the Tank Level 2 control 
requirements specified in Sec. 63.685(d) of this subpart shall notify 
the Administrator in advance of each inspection required under 
Sec. 63.695(b) of this subpart to provide the Administrator with the 
opportunity to have an observer present during the inspection. The owner 
or operator shall notify the Administrator of the date and location of 
the inspection as follows:
    (1) Prior to each inspection to measure external floating roof seal 
gaps as required under Sec. 63.695(b) of this subpart, written 
notification shall be prepared and sent by the owner or operator so that 
it is received by the Administrator at least 30 calendar days before the 
date the measurements are scheduled to be performed.
    (2) Prior to each visual inspection of an internal floating roof or 
external floating roof in a tank that has been emptied and degassed, 
written notification shall be prepared and sent by the owner or operator 
so that it is received by the Administrator at least 30 calendar days 
before refilling the tank except when an inspection is not planned as 
provided for in paragraph (c)(3) of this section.
    (3) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Administrator as soon as possible, but no later than 7 calendar days 
before refilling of the tank. This notification may be made by telephone 
and immediately followed by a written explanation for why the inspection 
is unplanned. Alternatively, written notification, including the 
explanation for the unplanned inspection, may be sent so that it is 
received by the Administrator at least 7 calendar days before refilling 
the tank.



Sec. 63.698  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Act, the authority listed in paragraph 
(b) of this section shall be retained by the Administrator and not 
transferred to a State.
    (b) Authority will not be delegated to States for Sec. 63.694 of 
this subpart.

   Table 1 to Subpart DD.--List of Hazardous Air Pollutants (HAP) for   
                               Subpart DD                               
------------------------------------------------------------------------
       CAS No.a                   Chemical name                fm 305   
------------------------------------------------------------------------
75070................  Acetaldehyde.......................        1.000 
75058................  Acetonitrile.......................        0.989 
98862................  Acetophenone.......................        0.314 
107028...............  Acrolein...........................        1.000 
107131...............  Acrylonitrile......................        0.999 
107051...............  Allyl chloride.....................        1.000 
71432................  Benzene (includes benzene in               1.000 
                        gasoline).                                      
98077................  Benzotrichloride (isomers and              0.958 
                        mixture).                                       
100447...............  Benzyl chloride....................        1.000 
92524................  Biphenyl...........................        0.864 
542881...............  Bis(chloromethyl)etherb............        0.999 
75252................  Bromoform..........................        0.998 
106990...............  1,3-Butadiene......................        1.000 
75150................  Carbon disulfide...................        1.000 
56235................  Carbon tetrachloride...............        1.000 
43581................  Carbonyl sulfide...................        1.000 
133904...............  Chloramben.........................        0.633 
108907...............  Chlorobenzene......................        1.000 
67663................  Chloroform.........................        1.000 
107302...............  Chloromethyl methyl ether b........        1.000 
126998...............  Chloroprene........................        1.000 
98828................  Cumene.............................        1.000 
94757................  2,4-D, salts and esters............        0.167 
334883...............  Diazomethane c.....................        0.999 
132649...............  Dibenzofurans......................        0.967 
96128................  1,2-Dibromo-3-chloropropane........        1.000 
106467...............  1,4-Dichlorobenzene(p).............        1.000 
107062...............  Dichloroethane (Ethylene                   1.000 
                        dichloride).                                    
111444...............  Dichloroethyl ether (Bis(2-                0.757 
                        chloroethyl ether).                             
542756...............  1,3-Dichloropropene................        1.000 
79447................  Dimethyl carbamoyl chloridec.......        0.150 
57147................  1,1-Dimethyl hydrazine.............        0.383 
64675................  Diethyl sulfate....................        0.0025

[[Page 914]]

                                                                        
77781................  Dimethyl sulfate...................        0.086 
121697...............  N,N-Dimethylaniline................        0.0008
51285................  2,4-Dinitrophenol..................        0.0077
121142...............  2,4-Dinitrotoluene.................        0.0848
123911...............  1,4-Dioxane (1,4-Diethyleneoxide)..        0.869 
106898...............  Epichlorohydrin (1-Chloro-2,3-             0.939 
                        epoxypropane).                                  
106887...............  1,2-Epoxybutane....................        1.000 
140885...............  Ethyl acrylate.....................        1.000 
100414...............  Ethyl benzene......................        1.000 
75003................  Ethyl chloride (Chloroethane)......        1.000 
106934...............  Ethylene dibromide (Dibromoethane).        0.999 
107062...............  Ethylene dichloride (1,2-                  1.000 
                        Dichloroethane).                                
151564...............  Ethylene imine (Aziridine).........        0.867 
75218................  Ethylene oxide.....................        1.000 
75343................  Ethylidene dichloride (1,1-                1.000 
                        Dichloroethane).                                
                       Glycol ethers d....................      (e)     
118741...............  Hexachlorobenzene..................        0.97  
87683................  Hexachlorobutadiene................        0.88  
67721................  Hexachloroethane...................        0.499 
110543...............  Hexane.............................        1.000 
78591................  Isophorone.........................        0.506 
58899................  Lindane (all isomers)..............        1.000 
67561................  Methanol...........................        0.855 
74839................  Methyl bromide (Bromomethane)......        1.000 
74873................  Methyl chloride (Choromethane).....        1.000 
71556................  Methyl chloroform (1,1,1-                  1.000 
                        Trichloroethane).                               
78933................  Methyl ethyl ketone (2-Butanone)...        0.990 
74884................  Methyl iodide (Iodomethane)........        1.000 
108101...............  Methyl isobutyl ketone (Hexone)....        0.979 
624839...............  Methyl isocyanate..................        1.000 
80626................  Methyl methacrylate................        0.999 
1634044..............  Methyl tert butyl ether............        1.000 
75092................  Methylene chloride                         1.000 
                        (Dichloromethane).                              
91203................  Naphthalene........................        0.994 
98953................  Nitrobenzene.......................        0.394 
79469................  2-Nitropropane.....................        0.989 
82688................  Pentachloronitrobenzene                    0.839 
                        (Quintobenzene).                                
87865................  Pentachlorophenol..................        0.0898
75445................  Phosgenec..........................        1.000 
123386...............  Propionaldehyde....................        0.999 
78875................  Propylene dichloride (1,2-                 1.000 
                        Dichloropropane).                               
75569................  Propylene oxide....................        1.000 
75558................  1,2-Propylenimine (2-Methyl                0.945 
                        aziridine).                                     
100425...............  Styrene............................        1.000 
96093................  Styrene oxide......................        0.830 
79345................  1,1,2,2-Tetrachloroethane..........        0.999 
127184...............  Tetrachloroethylene                        1.000 
                        (Perchloroethylene).                            
108883...............  Toluene............................        1.000 
95534................  o-Toluidine........................        0.152 
120821...............  1,2,4-Trichlorobenzene.............        1.000 
71556................  1,1,1-Trichloroethane (Methyl              1.000 
                        chlorform).                                     
79005................  1,1,2-Trichloroethane (Vinyl               1.000 
                        trichloride).                                   
79016................  Trichloroethylene..................        1.000 
95954................  2,4,5-Trichlorophenol..............        0.108 
88062................  2,4,6-Trichlorophenol..............        0.132 
121448...............  Triethylamine......................        1.000 
540841...............  2,2,4-Trimethylpentane.............        1.000 
108054...............  Vinyl acetate......................        1.000 
593602...............  Vinyl bromide......................        1.000 
75014................  Vinyl chloride.....................        1.000 
75354................  Vinylidene chloride (1,1-                  1.000 
                        Dichloroethylene).                              
1330207..............  Xylenes (isomers and mixture)......        1.000 
95476................  o-Xylenes..........................        1.000 
108383...............  m-Xylenes..........................        1.000 
106423...............  p-Xylenes..........................        1.000 
------------------------------------------------------------------------
Notes:                                                                  
fm 305=Method 305 fraction measure factor                               
a. CAS numbers refer to the Chemical Abstracts Services registry number 
  assigned to specific compounds, isomers, or mixtures of compounds.    
b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis   
  products are also HAP chemicals.                                      
c. Denotes a HAP that may react violently with water, exercise caustic  
  is an expected analyte.                                               

[[Page 915]]

                                                                        
d. Denotes a HAP that hydrolyzes slowly in water.                       
e. Several glycol ethers meet the criteria used to select HAP for the   
  purposes of this subpart. The fm 305 factors for some of the more     
  common glycol ethers are listed below:                                
Ethylene glycol dimethyl ether (fm 305=0.861)                           
Ethylene glycol monoethyl ether acetate (fm 305=0.0887)                 
Ethylene glycol monomethyl ether acetate (fm 305=0.0926)                
Diethylene glycol diethyl ether (fm 305=0.216)                          


Table 2 to Subpart DD.--Applicability of Paragraphs in 40 CFR 63 Subpart
                  A, General Provisions, to Subpart DD                  
------------------------------------------------------------------------
                                    Applies to                          
      Subpart A reference           subpart DD            Comment       
------------------------------------------------------------------------
63.1(a)(1)....................  Yes.                                    
63.1(a)(2)....................  Yes.                                    
63.1(a)(3)....................  Yes.                                    
63.1(a)(4)....................  No...............  Subpart DD (this     
                                                    table) specifies    
                                                    applicability of    
                                                    each paragraph in   
                                                    subpart A to subpart
                                                    DD.                 
63.1(a)(5)-63.1(a)(9).........  No.                                     
63.1(a)(10)...................  Yes.                                    
63.1(a)(11)...................  Yes.                                    
63.1(a)(12)...................  Yes.                                    
63.1(a)(13)...................  Yes.                                    
63.1(a)(14)...................  Yes.                                    
63.1(b)(1)....................  No...............  Subpart DD specifies 
                                                    its own             
                                                    applicability.      
63.1(b)(2)....................  Yes.                                    
63.1(b)(3)....................  No.                                     
63.1(c)(1)....................  No...............  Subpart DD explicitly
                                                    specifies           
                                                    requirements that   
                                                    apply.              
63.1(c)(2)....................  No...............  Area sources are not 
                                                    subject to subpart  
                                                    DD.                 
63.1(c)(3)....................  No.                                     
63.1(c)(4)....................  Yes.                                    
63.1(c)(5)....................  Yes..............  Except that sources  
                                                    are not required to 
                                                    submit notifications
                                                    overridden by this  
                                                    table.              
63.1(d).......................  No.                                     
63.1(e).......................  No.                                     
63.2..........................  Yes..............  Sec.  63.681 of      
                                                    subpart DD specifies
                                                    that if the same    
                                                    term is defined in  
                                                    subparts A and DD,  
                                                    it shall have the   
                                                    meaning given in    
                                                    subpart DD.         
63.3..........................  Yes.                                    
63.4(a)(1)-63.4(a)(3).........  Yes.                                    
63.4(a)(4)....................  No...............  Reserved.            
63.4(a)(5)....................  Yes.                                    
63.4(b).......................  Yes.                                    
63.4(c).......................  Yes.                                    
63.5(a)(1)....................  Yes..............  Except replace term  
                                                    ``source'' and      
                                                    ``stationary        
                                                    source'' in Sec.    
                                                    63.5(a)(1) of       
                                                    subpart A with      
                                                    ``affected source.''
63.5(a)(2)....................  Yes.                                    
63.5(b)(1)....................  Yes.                                    
63.5(b)(2)....................  No...............  Reserved.            
63.5(b)(3)....................  Yes.                                    
63.5(b)(4)....................  Yes..............  Except the cross-    
                                                    reference to Sec.   
                                                    63.9(b) is changed  
                                                    to Sec.  63.9(b)(4) 
                                                    and (5). Subpart DD 
                                                    overrides Sec.      
                                                    63.9(b)(2) and      
                                                    (b)(3).             
63.5(b)(5)....................  Yes.                                    
63.5(b)(6)....................  Yes.                                    
63.5(c).......................  No...............  Reserved.            
63.5(d)(1)(i).................  Yes.                                    
63.5(d)(1)(ii)................  Yes.                                    
63.5(d)(1)(iii)...............  Yes.                                    
63.5(d)(2)....................  No.                                     
63.5(d)(3)....................  Yes.                                    
63.5(d)(4)....................  Yes.                                    
63.5(e).......................  Yes.                                    
63.5(f)(1)....................  Yes.                                    
63.5(f)(2)....................  Yes.                                    
63.6(a).......................  Yes.                                    
63.6(b)(1)....................  No...............  Subpart DD specifies 
                                                    compliance dates for
                                                    sources subject to  
                                                    subpart DD.         
63.6(b)(2)....................  No.                                     
63.6(b)(3)....................  Yes.                                    
63.6(b)(4)....................  No...............  May apply when       
                                                    standards are       
                                                    proposed under      
                                                    section 112(f) of   
                                                    the Clean Air Act.  
63.6(b)(5)....................  No...............  Sec.  63.697 of      
                                                    subpart DD includes 
                                                    notification        
                                                    requirements.       
63.6(b)(6)....................  No.                                     
63.6(b)(7)....................  No.                                     
63.6(c)(1)....................  No...............  Sec.  63.680 of      
                                                    subpart DD specifies
                                                    the compliance date.

[[Page 916]]

                                                                        
63.6(c)(2)-63.6(c)(4).........  No.                                     
63.6(c)(5)....................  Yes.                                    
63.6(d).......................  No.                                     
63.6(e).......................  Yes.                                    
63.6(f)(1)....................  Yes.                                    
63.6(f)(2)(i).................  Yes.                                    
63.6(f)(2)(ii)................  Yes..............  Subpart DD specifies 
                                                    the use of          
                                                    monitoring data in  
                                                    determining         
                                                    compliance with     
                                                    subpart DD.         
63.6(f)(2)(iii) (A), (B), and   Yes.                                    
 (C).                                                                   
63.6(f)(2)(iii) (D)...........  No.                                     
63.6(f)(2)(iv)................  Yes.                                    
63.6(f)(2)(v).................  Yes.                                    
63.6(f)(3)....................  Yes.                                    
63.6(g).......................  Yes.                                    
63.6(h).......................  No...............  Subpart DD does not  
                                                    require opacity and 
                                                    visible emission    
                                                    standards.          
63.6(i).......................  Yes..............  Except for Sec.      
                                                    63.6(i)(15), which  
                                                    is reserved.        
63.6(j).......................  Yes.                                    
63.7(a)(1)....................  No...............  Subpart DD specifies 
                                                    required testing and
                                                    compliance          
                                                    demonstration       
                                                    procedures.         
63.7(a)(2)....................  Yes.                                    
63.7(a)(3)....................  Yes.                                    
63.7(b).......................  No.                                     
63.7(c).......................  No.                                     
63.7(d).......................  Yes.                                    
63.7(e)(1)....................  Yes.                                    
63.7(e)(2)....................  Yes.                                    
63.7(e)(3)....................  No...............  Subpart DD specifies 
                                                    test methods and    
                                                    procedures.         
63.7(e)(4)....................  Yes.                                    
63.7(f).......................  No...............  Subpart DD specifies 
                                                    applicable methods  
                                                    and provides        
                                                    alternatives.       
63.7(g).......................  Yes.                                    
63.7(h)(1)....................  Yes.                                    
63.7(h)(2)....................  Yes.                                    
63.7(h)(3)....................  Yes.                                    
63.7(h)(4)....................  No.                                     
63.7(h)(5)....................  Yes.                                    
63.8(a).......................  No.                                     
63.8(b)(1)....................  Yes.                                    
63.8(b)(2)....................  No...............  Subpart DD specifies 
                                                    locations to conduct
                                                    monitoring.         
63.8(b)(3)....................  Yes.                                    
63.8(c)(1)(i).................  Yes.                                    
63.8(c)(1)(ii)................  Yes.                                    
63.8(c)(1)(iii)...............  Yes.                                    
63.8(c)(2)....................  Yes.                                    
63.8(c)(3)....................  Yes.                                    
63.8(c)(4)....................  No...............  Subpart DD specifies 
                                                    monitoring frequency
63.8(c)(5)-63.8(c)(8).........  No.                                     
63.8(d).......................  No.                                     
63.8(e).......................  No.                                     
63.8(f)(1)....................  Yes.                                    
63.8(f)(2)....................  Yes.                                    
63.8(f)(3)....................  Yes.                                    
63.8(f)(4)(i).................  Yes.                                    
63.8(f)(4)(ii)................  Yes.                                    
63.8(f)(4)(iii)...............  No.                                     
63.8(f)(5)(i).................  Yes.                                    
63.8(f)(5)(ii)................  No.                                     
63.8(f)(5)(iii)...............  Yes.                                    
63.8(f)(6)....................  Yes.                                    
63.8(g).......................  Yes.                                    
63.9(a).......................  Yes.                                    
63.9(b)(1)(i).................  Yes.                                    
63.9(b)(1)(ii)................  No.                                     
63.9(b)(2)....................  Yes.                                    
63.9(b)(3)....................  No.                                     
63.9(b)(4)....................  Yes.                                    
63.9(b)(5)....................  Yes.                                    
63.9(c).......................  Yes.                                    
63.9(d).......................  Yes.                                    
63.9(e).......................  No.                                     
63.9(f).......................  No.                                     

[[Page 917]]

                                                                        
63.9(g).......................  No.                                     
63.9(h).......................  Yes.                                    
63.9(i).......................  Yes.                                    
63.9(j).......................  No.                                     
63.10(a)......................  Yes.                                    
63.10(b)(1)...................  Yes.                                    
63.10(b)(2)(i)................  Yes.                                    
63.10(b)(2)(ii)...............  Yes.                                    
63.10(b)(2)(iii)..............  No.                                     
63.10(b)(2)(iv)...............  Yes.                                    
63.10(b)(2)(v)................  Yes.                                    
63.10(b)(2) (vi)-(ix).........  No.                                     
63.10(b)(2)(x)................  Yes.                                    
63.10(b)(2) (xii)-(xiv).......  No.                                     
63.10(b)(3)...................  No.                                     
63.10(c)......................  No.                                     
63.10(d)(1)...................  No.                                     
63.10(d)(2)...................  Yes.                                    
63.10(d)(3)...................  No.                                     
63.10(d)(4)...................  Yes.                                    
63.10(d)(5)(i)................  Yes.                                    
63.10(d)(5)(ii)...............  Yes.                                    
63.10(e)......................  No.                                     
63.10(f)......................  Yes.                                    
63.11-63.15...................  Yes.                                    
------------------------------------------------------------------------
Note: Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).   
  Submittals shall be sent by the specified dates, but a postmark is not
  required.                                                             


    Table 3 to Subpart DD.--Tank Control Levels for Tanks at Existing   
           Affected Sources as Required by 40 CFR 63.685(b)(1)          
------------------------------------------------------------------------
                                    Maximum HAP vapor                   
  Tank design capacity (cubic     pressure of off-site     Tank control 
            meters)                material managed in        level     
                                   tank (kilopascals)                   
------------------------------------------------------------------------
Design capacity less than 75 m3  Maximum HAP vapor       Level 1.       
                                  pressure less than                    
                                  76.6 kPa.                             
Design capacity equal to or      Maximum HAP vapor       Level 1.       
 greater than 75 m3 and less      pressure less than                    
 than 151 m3.                     27.6 kPa.                             
                                 Maximum HAP vapor       Level 2.       
                                  pressure equal to or                  
                                  greater than 27.6 kPa.                
Design capacity equal to or      Maximum HAP vapor       Level 1.       
 greater than 151 m3.             pressures less than                   
                                  5.2 kPa.                              
                                 Maximum HAP vapor       Level 2.       
                                  pressure equal to or                  
                                  greater than 5.2 kPa.                 
------------------------------------------------------------------------


  Table 4 to Subpart DD.--Tank Control Levels for Tanks at New Affected 
               Sources as Required by 40 CFR 63.685(b)(2)               
------------------------------------------------------------------------
                                    Maximum HAP vapor                   
  Tank design capacity (cubic     pressure of off-site     Tank control 
            meters)                material managed in        level     
                                   tank (kilopascals)                   
------------------------------------------------------------------------
Design capacity less than 38 m3  Maximum HAP vapor       Level 1.       
                                  pressure less than                    
                                  76.6 kPa.                             
Design capacity equal to or      Maximum HAP vapor       Level 1.       
 greater than 38 m3 and less      pressure less than                    
 than 151 m3.                     13.1 kPa.                             
                                 Maximum HAP vapor       Level 2.       
                                  pressure equal to or                  
                                  greater than 13.1 kPa.                
Design capacity equal to or      Maximum HAP vapor       Level 1.       
 greater than 151 m3.             pressure less than                    
                                  0.7 kPa.                              
                                 Maximum HAP vapor       Level 2.       
                                  pressure equal to or                  
                                  greater than 0.7 kPa.                 
------------------------------------------------------------------------


[[Page 918]]



Subpart EE--National Emission Standards for Magnetic Tape Manufacturing 
                               Operations

    Source: 59 FR 64596, Dec. 15, 1994, unless otherwise noted.



Sec. 63.701  Applicability.

    (a) Except as specified in paragraph (b) of this section, the 
provisions of this subpart apply to:
    (1) Each new and existing magnetic tape manufacturing operation 
located at a major source of hazardous air pollutant (HAP) emissions; 
and
    (2) A magnetic tape manufacturing operation for which the owner or 
operator chooses to use the provisions of Sec. 63.703(b) and (h) to 
obtain a Federally enforceable limit on its potential to emit HAP.

    Explanatory Note: A reason the owner or operator would make the 
choice described in paragraph (a)(2) of this section is if the plant 
site, without this limit, would be a major source. The owner or operator 
could use this limit, which would establish the potential to emit from 
magnetic tape manufacturing operations, in conjunction with the 
potential to emit from the other HAP emission points at the stationary 
source, to be an area source. Note, however, that an owner or operator 
is not required to use the provisions in Sec. 63.703(b) and (h) to 
determine the potential to emit HAP from magnetic tape manufacturing 
operations.

    (b) This subpart does not apply to the following:
    (1) Research or laboratory facilities; and
    (2) Any coating operation that produces a quantity of magnetic tape 
that is 1 percent or less of total production (in terms of total square 
footage coated) from that coating operation in any 12-month period.
    (c) The affected source subject to this standard is the magnetic 
tape manufacturing operation, as defined in Sec. 63.702.
    (d) An owner or operator of an existing affected source subject to 
the provisions of this subpart shall comply according to the following 
schedule:
    (1) Within 3 years after the effective date of the standard, if the 
owner or operator is required to install a new add-on air pollution 
control device to meet the requirements of Sec. 63.703(c) or (g); or
    (2) Within 2 years after the effective date of the standard, if a 
new add-on air pollution control device is not needed to comply with 
Sec. 63.703(c) or (g) of these standards.
    (e) The compliance date for an owner or operator of a new affected 
source subject to the provisions of this subpart is immediately upon 
startup of the affected source.
    (f) The provisions of this subpart apply during periods of startup 
and shutdown, and whenever magnetic tape manufacturing operations are 
taking place.
    (g) Owners or operators of affected sources subject to the 
provisions of this subpart shall also comply with the requirements of 
subpart A as identified in Table 1, according to the applicability of 
subpart A to such sources.
    (h) In any title V permit for an affected source, all research or 
laboratory facilities that are exempt from the requirements of this 
subpart shall be clearly identified.



Sec. 63.702  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the Clean Air Act and in subpart A of this 
part.
    Add-on air pollution control device means equipment installed at the 
end of a process vent exhaust stack or stacks that reduces the quantity 
of a pollutant that is emitted to the air. The device may destroy or 
secure the pollutant for subsequent recovery. Examples are incinerators, 
condensers, carbon adsorbers, and biofiltration units. Transfer 
equipment and ductwork are not considered in and of themselves add-on 
air pollution control devices.
    Bag slitter means a device for enclosed transfer of particulates. A 
bag of raw materials is placed in a hopper, the hopper is closed, and an 
internal mechanism slits the bag, releasing the particulates into either 
a closed conveyor that feeds the mix preparation equipment or into the 
mix preparation equipment itself.
    Base substrate means the surface, such as plastic or paper, to which 
a coating is applied.

[[Page 919]]

    Capture efficiency means the fraction of all organic vapors or other 
pollutants generated by a process that are directed to an add-on air 
pollution control device.
    Capture device means a hood, enclosed room, or other means of 
collecting HAP vapors or other pollutants into a duct that exhausts to 
an add-on air pollution control device.
    Carbon adsorber vessel means one vessel in a series of vessels in a 
carbon adsorption system that contains carbon and is used to remove 
gaseous pollutants from a gaseous emission source.
    Car seal means a seal that is placed on a device that is used either 
to open a closed valve or close an opened valve so that the position of 
the valve cannot be changed without breaking the seal.
    Closed system for flushing fixed lines means a system in which the 
line to be flushed is disconnected from its original position and 
connected to two closed containers, one that contains cleaning solvent 
and one that is empty. Solvent is flushed from the container with 
cleaning solvent, through the line, and into the empty containers.
    Coater or coating applicator means the apparatus used to apply a 
coating to a continuous base substrate.
    Coating application means the process by which the coating mix is 
applied to the base substrate.
    Coating operation means any coater, flashoff area, and drying oven 
located between a base substrate unwind station and a base substrate 
rewind station that coats a continuous base substrate.
    Control device efficiency means the ratio of the emissions collected 
or destroyed by an add-on air pollution control device to the total 
emissions that are introduced to the control device, expressed as a 
percentage.
    Day means a 24-consecutive-hour period.
    Drying oven means a chamber that uses heat to bake, cure, 
polymerize, or dry a surface coating; if the coating contains volatile 
solvents, the volatile portion is evaporated in the oven.
    Enclosed transfer method means a particulate HAP transfer method 
that uses an enclosed system to prevent particulate HAP from entering 
the atmosphere as dust. Equipment used for this purpose may include 
vacuum injection systems or other mechanical transfer systems, bag 
slitters, or supersacks.
    Equivalent diameter means four times the area of an opening divided 
by its perimeter.
    Facility means all contiguous or adjoining property that is under 
common ownership or control in which magnetic tape manufacturing is 
performed. The definition includes properties that are separated only by 
a road or other public right-of-way.
    Flashoff area means the portion of a coating operation between the 
coater and the drying oven where solvent begins to evaporate from the 
coated base substrate.
    Flushing of fixed lines means the flushing of solvent through lines 
that are typically fixed and are not associated with the cleaning of a 
tank, such as the line from the mix room to the coater.
    Freeboard ratio means the vertical distance from the surface of the 
liquid to the top of the sink or tank (freeboard height) divided by the 
smaller of the length or width of the sink or tank evaporative area.
    Magnetic coatings means coatings applied to base substrates to make 
magnetic tape. Components of magnetic coatings may include: Magnetic 
particles, binders, dispersants, conductive pigments, lubricants, 
solvents, and other additives.
    Magnetic particles means particles in the coating mix that have 
magnetic properties. Examples of magnetic particles used in magnetic 
tape manufacturing are: y-oxide, doped iron oxides, chromium dioxide, 
barium ferrite, and metallic particles that usually consist of elemental 
iron, cobalt, and/or nickel.
    Magnetic tape means any flexible base substrate that is covered on 
one or both sides with a coating containing magnetic particles and that 
is used for audio recording, video recording, or any type of information 
storage.
    Magnetic tape manufacturing operation means all of the emission 
points within a magnetic tape manufacturing facility that are 
specifically associated with the manufacture of magnetic tape. These 
include, but are not limited to:
    (1) Solvent storage tanks;

[[Page 920]]

    (2) Mix preparation equipment;
    (3) Coating operations;
    (4) Waste handling devices;
    (5) Particulate transfer operations;
    (6) Wash sinks for cleaning removable parts;
    (7) Cleaning involving the flushing of fixed lines;
    (8) Wastewater treatment systems; and
    (9) Condenser vents associated with distillation and stripping 
columns in the solvent recovery area, but not including the vent on a 
condenser that is used as the add-on air pollution control device.
    Mill means the pressurized equipment that uses the dispersing action 
of beads, combined with the high shearing forces of the centrifugal 
mixing action, to disperse the aggregates of magnetic particles 
thoroughly without reducing particle size.
    Mix preparation equipment means the vessels, except for mills, used 
to prepare the magnetic coating.
    Natural draft opening means any opening in a room, building, or 
total enclosure that remains open during operation of the facility and 
that is not connected to a duct in which a fan is installed. The rate 
and direction of the natural draft through such an opening is a 
consequence of the difference in pressures on either side of the wall 
containing the opening.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in 
which the spent carbon bed does not undergo carbon regeneration in the 
adsorption vessel.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limitation or standard.
    Overall HAP control efficiency means the total efficiency of the 
control system, determined by the product of the capture efficiency and 
the control device efficiency.
    Particulate means any material, except uncombined water, that exists 
as liquid or solid particles such as dust, smoke, mist, or fumes at 
standard conditions (760 millimeters of mercury, 0 degrees celsius).
    Particulate HAP transfer means the introduction of a particulate HAP 
into other dry ingredients or a liquid solution.
    Removable parts cleaning means cleaning of parts that have been 
moved from their normal position to a wash tank or sink containing 
solvent for the purpose of cleaning.
    Research or laboratory facility means any stationary source whose 
primary purpose is to conduct research and development to develop new 
processes and products, where such source is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Separator means a device in the wastewater treatment system in which 
immiscible solvent is physically separated from the water with which it 
is mixed.
    Solvent storage tanks means the stationary tanks that are associated 
with magnetic tape operations and that store virgin solvent, spent 
solvent, cleaning solvent, solvent at any stage of the solvent recovery 
process, or any volatile compound. They do not serve a process function.
    Solvent recovery area means the collection of devices used to remove 
HAP emissions from process air, to recover the HAP, and to purify the 
HAP. Typically, this area contains a control device such as a carbon 
adsorber or condenser, the wastewater treatment system, and the 
distillation columns.
    Solvent recovery device means, for the purposes of this subpart, an 
add-on air pollution control device in which HAP is captured rather than 
destroyed. Examples include carbon adsorption systems and condensers.
    Supersack means a container of particulate from the manufacturer or 
supplier with attached feed tubes and that is used to transfer 
particulate under the following conditions: the feed tubes are attached 
directly to the mix preparation equipment, the attachment interface is 
sealed, and all openings on the mix transfer equipment are closed to the 
atmosphere.

[[Page 921]]

    Temporary total enclosure means a total enclosure that is 
constructed for the sole purpose of measuring the fugitive emissions 
from an affected source. A temporary total enclosure must be constructed 
and ventilated (through stacks suitable for testing) so that it has 
minimal impact on the performance of the permanent capture system. A 
temporary total enclosure will be assumed to achieve total capture of 
fugitive emissions if it conforms to the requirements found in 
Sec. 63.705(c)(4)(i) and if all natural draft openings are at least four 
duct or hood equivalent diameters away from each exhaust duct or hood. 
Alternatively, the owner or operator may apply to the Administrator for 
approval of a temporary enclosure on a case-by-case basis.
    Total enclosure means a structure that is constructed around a 
gaseous emission source so that all gaseous pollutants emitted from the 
source are collected and ducted through a control device, such that 100 
percent capture efficiency is achieved. There are no fugitive emissions 
from a total enclosure. The only openings in a total enclosure are 
forced makeup air and exhaust ducts and any natural draft openings such 
as those that allow raw materials to enter and exit the enclosure for 
processing. All access doors or windows are closed during routine 
operation of the enclosed source. Brief, occasional openings of such 
doors or windows to accommodate process equipment adjustments are 
acceptable, but if such openings are routine or if an access door 
remains open during the entire operation, the access door must be 
considered a natural draft opening. The average inward face velocity 
across the natural draft openings of the enclosure must be calculated 
including the area of such access doors. The drying oven itself may be 
part of the total enclosure. A permanent enclosure that meets the 
requirements found in Sec. 63.705(c)(4)(i) is a total enclosure.
    Utilize means the use of HAP that is delivered to mix preparation 
equipment for the purpose of formulating coatings, the use of any other 
HAP (e.g., dilution solvent) that is added at any point in the 
manufacturing process, and the use of any HAP for cleaning activities. 
Alternatively, annual HAP utilization can be determined as net usage; 
that is, the HAP inventory at the beginning of a 12-month period, plus 
the amount of HAP purchased during the 12-month period, minus the amount 
of HAP in inventory at the end of a 12-month period.
    Vacuum injection system means a system in which a vacuum draws 
particulate from a storage container into a closed system that transfers 
particulates into the mix preparation equipment.
    Volatile organic compound (VOC) means any organic compound that 
participates in atmospheric photochemical reactions or that is measured 
by EPA Test Methods 18, 24, or 25A in appendix A of part 60 or an 
alternative test method as defined in Sec. 63.2.
    Volatile organic hazardous air pollutant (VOHAP) concentration means 
the concentration of an individually-speciated organic HAP in a 
wastewater discharge that is measured by Method 305 of appendix A to 40 
CFR part 63.
    Waste handling means processing or treatment of waste (liquid or 
solid) that is generated as a by-product of either the magnetic tape 
production process or cleaning operations.
    Waste handling device means equipment that is used to separate 
solvent from solid waste (e.g., filter dryers) or liquid waste (e.g., 
pot stills and thin film evaporators). The solvents are recovered by 
heating, condensing, and collection.
    Wastewater discharge means the water phase that is discharged from 
the separator in a wastewater treatment system.
    Wastewater treatment system means the assortment of devices in which 
the solvent/water mixture, generated when the carbon bed in the carbon 
adsorber is desorbed by steam, is treated to remove residual organics in 
the water.
    (b) The nomenclature used in this subpart is defined when presented 
or has the meaning given below:
    (1) Ak = the area of each natural draft opening (k) in a total 
enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas stream 
(j) exiting the emission control device, in parts per million by volume.

[[Page 922]]

    (3) Cbi = the concentration of HAP or VOC in each gas stream 
(i) entering the emission control device, in parts per million by 
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas stream 
(i) entering the emission control device from the affected source, in 
parts per million by volume.
    (5) Cfk = the concentration of HAP or VOC in each uncontrolled 
gas stream (k) emitted directly to the atmosphere from the affected 
source, in parts per million by volume.
    (6) Cgv = the concentration of HAP or VOC in each uncontrolled 
gas stream entering each individual carbon adsorber vessel (v), in parts 
per million by volume. For the purposes of calculating the efficiency of 
the individual carbon adsorber vessel, Cgv may be measured in the 
carbon adsorption system's common inlet duct prior to the branching of 
individual inlet ducts to the individual carbon adsorber vessels.
    (7) Chv = the concentration of HAP or VOC in the gas stream 
exiting each individual carbon adsorber vessel (v), in parts per million 
by volume.
    (8) E = the control device efficiency achieved for the duration of 
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC 
capture system achieved for the duration of the emission test (expressed 
as a fraction).
    (10) FV = the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (11) G = the calculated mass of HAP per volume of coating solids (in 
kilograms per liter) contained in a batch of coating.
    (12) Hv = the individual carbon adsorber vessel (v) efficiency 
achieved for the duration of the emission test (expressed as a 
fraction).
    (13) Hsys = the efficiency of the carbon adsorption system 
calculated when each carbon adsorber vessel has an individual exhaust 
stack (expressed as a fraction).
    (14) Lsi = the volume fraction of solids in each batch of 
coating (i) applied as determined from the formulation records at the 
affected source.
    (15) Mci = the total mass in kilograms of each batch of coating 
(i) applied, or of each coating applied at an affected coating operation 
during a 7-day period, as appropriate, as determined from records at the 
affected source. This quantity shall be determined at a time and 
location in the process after all ingredients (including any dilution 
solvent) have been added to the coating, or if ingredients are added 
after the mass of the coating has been determined, appropriate 
adjustments shall be made to account for them.
    (16) Mr = the total mass in kilograms of HAP or VOC recovered 
for a 7-day period.
    (17) Qaj = the volumetric flow rate of each gas stream (j) 
exiting the emission control device in either dry standard cubic meters 
per hour when EPA Method 18 in appendix A of part 60 is used to measure 
HAP or VOC concentration or in standard cubic meters per hour (wet 
basis) when EPA Method 25A is used to measure HAP or VOC concentration.
    (18) Qbi = the volumetric flow rate of each gas stream (i) 
entering the emission control device, in dry standard cubic meters per 
hour when EPA Method 18 is used to measure HAP or VOC concentration or 
in standard cubic meters per hour (wet basis) when EPA Method 25A is 
used to measure HAP or VOC concentration.
    (19) Qdi = the volumetric flow rate of each gas stream (i) 
entering the emission control device from the affected source in either 
dry standard cubic meters per hour when EPA Method 18 is used to measure 
HAP or VOC concentration or in standard cubic meters per hour (wet 
basis) when EPA Method 25A is used to measure HAP or VOC concentration.
    (20) Qfk = the volumetric flow rate of each uncontrolled gas 
stream (k) emitted directly to the atmosphere from the affected source 
in either dry standard cubic meters per hour when EPA Method 18 is used 
to measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (21) Qgv = the volumetric flow rate of each gas stream entering 
each individual carbon adsorber vessel (v) in either

[[Page 923]]

dry standard cubic meters per hour when EPA Method 18 is used to measure 
HAP or VOC concentration or in standard cubic meters per hour (wet 
basis) when EPA Method 25A is used to measure HAP or VOC concentration. 
For purposes of calculating the efficiency of the individual carbon 
adsorber vessel, the value of Qgv can be assumed to equal the value 
of Qhv measured for that carbon adsorber vessel.
    (22) Qhv = the volumetric flow rate of each gas stream exiting 
each individual carbon adsorber vessel (v) in either dry standard cubic 
meters per hour when EPA Method 18 is used to measure HAP or VOC 
concentration or in standard cubic meters per hour (wet basis) when EPA 
Method 25A is used to measure HAP or VOC concentration.
    (23) Qin i = the volumetric flow rate of each gas stream (i) 
entering the total enclosure through a forced makeup air duct in 
standard cubic meters per hour (wet basis).
    (24) Qout j = the volumetric flow rate of each gas stream (j) 
exiting the total enclosure through an exhaust duct or hood in standard 
cubic meters per hour (wet basis).
    (25) R = the overall HAP or VOC emission reduction achieved for the 
duration of the emission test (expressed as a percentage).
    (26) RSi = the total mass in kilograms of HAP or VOC retained 
in the coated substrate after oven drying for a given magnetic tape 
product.
    (27) Vci = the total volume in liters of each batch of coating 
(i) applied as determined from records at the affected source.
    (28) Woi = the weight fraction of HAP or VOC in each batch of 
coating (i) applied, or of each coating applied at an affected coating 
operation during a 7-day period, as appropriate, as determined by EPA 
Method 24 or formulation data. This value shall be determined at a time 
and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the weight fraction of HAP or VOC in the coating has been 
determined, appropriate adjustments shall be made to account for them.



Sec. 63.703  Standards.

    (a) Each owner or operator of any affected source that is subject to 
the requirements of this subpart shall comply with the requirements of 
this subpart on and after the compliance dates specified in Sec. 63.701.
    (b)(1) The owner or operator subject to Sec. 63.701(a)(2) shall 
determine limits on the amount of HAP utilized (see definition) in the 
magnetic tape manufacturing operation as the values for the potential to 
emit HAP from the magnetic tape manufacturing operation.
    (2) The limits on the amount of HAP utilized in the magnetic tape 
manufacturing operations shall be determined in the following manner.
    (i) The potential to emit each HAP from each emission point at the 
stationary source, other than those from magnetic tape manufacturing 
operations, shall be calculated and converted to the units of Mg/yr (or 
tons/yr).
    (ii) The limits on the HAP utilized in the magnetic tape 
manufacturing operation shall be determined as the values that, when 
summed with the values in paragraph (b)(2)(i) of this section, are less 
than 9.1 Mg/yr (10 tons/yr) for each individual HAP and 22.7 Mg/yr (25 
tons/yr) for the combination of HAP.
    (3) The limits on the HAP utilized determined in paragraph (b)(2) of 
this section shall be in terms of Mg/yr (or tons/yr), calculated monthly 
on a rolling 12-month average. The owner or operator shall not exceed 
these limits.
    (4) An owner or operator subject to paragraph (b) of this section 
shall meet the requirements in paragraph (h) of this section.
    (5) A magnetic tape manufacturing operation that is subject to 
paragraph (b) of this section and is located at an area source is not 
subject to paragraphs (c) through (g) of this section.
    (c) Except as provided by Sec. 63.703(b), each owner or operator of 
an affected source subject to this subpart shall limit gaseous HAP 
emitted from each solvent storage tank, piece of mix preparation 
equipment, coating operation, waste handling device, and condenser vent 
in solvent recovery as specified in paragraphs (c)(1) through (c)(5) of 
this section:

[[Page 924]]

    (1) Except as otherwise allowed in paragraphs (c)(2), (3), (4), and 
(5) of this section, each owner or operator shall limit gaseous HAP 
emitted from each solvent storage tank, piece of mix preparation 
equipment, coating operation, waste handling device, and condenser vent 
in solvent recovery by an overall HAP control efficiency of at least 95 
percent.
    (2) An owner or operator that uses an incinerator to control 
emission points listed in paragraph (c)(1) of this section may choose to 
meet the overall HAP control efficiency requirement of paragraph (c)(1) 
of this section, or may operate the incinerator such that an outlet HAP 
concentration of no greater than 20 parts per million by volume (ppmv) 
by compound on a dry basis is achieved, as long as the efficiency of the 
capture system is 100 percent.
    (3) An owner or operator may choose to meet the requirements of 
paragraph (c)(1) or (2) of this section by venting the room, building, 
or enclosure in which the HAP emission point is located to an add-on air 
pollution control device, as long as the required overall HAP control 
efficiency of this method is sufficient to meet the requirements of 
paragraph (c)(1) or (2) of this section.
    (4) In lieu of controlling HAP emissions from each solvent storage 
tank to the level required by paragraph (c)(1) of this section, an owner 
or operator of an affected source may:
    (i) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 97 percent in lieu of controlling 10 
HAP solvent storage tanks that do not exceed 20,000 gallons each in 
capacity; or
    (ii) Control HAP emissions from all coating operations by an over 
HAP control efficiency of at least 98 percent in lieu of controlling 15 
HAP solvent storage tanks that do not exceed 20,000 gallons each in 
capacity; or
    (iii) Control HAP emissions from all coating operations by an 
overall HAP control efficiency of at least 99 percent in lieu of 
controlling 20 HAP solvent storage tanks that do not exceed 20,000 
gallons each in capacity.
    (iv) Owners or operators choosing to meet the requirements of 
paragraphs (c)(4)(i), (ii), or (iii) of this section are also subject to 
the reporting requirement of Sec. 63.707(k).
    (5) In lieu of controlling HAP emissions from a coating operation to 
the level required by paragraph (c)(1) of this section, owners or 
operators may use magnetic coatings that contain no greater than 0.18 
kilograms of HAP per liter of coating solids for that coating operation. 
For the requirements of this paragraph, Secs. 63.6(e)(3), 63.6(f) (1) 
and (2), 63.8(b) (2) and (3), 63.8(c), 63.8(d), 63.8(e), 63.8(g), 63.9 
(e) and (g), 63.10(c), 63.10(d) (2), (3), and (5), 63.10(e) (1) and (2), 
and 63.11 of subpart A do not apply.
    (d) Particulate transfer operations. Except as stipulated by 
Sec. 63.703(b), each owner or operator of an affected source subject to 
this subpart shall:
    (1) Use an enclosed transfer method to perform particulate HAP 
transfer; or
    (2) Direct emissions from particulate HAP transfer through a hood or 
enclosure to a baghouse or fabric filter that exhibits no visible 
emissions while controlling HAP emissions from particulate HAP transfer.
    (e) Wash sinks for cleaning removable parts. (1) Except as 
stipulated by Sec. 63.703(b), each owner or operator of an affected 
source subject to this subpart shall limit gaseous HAP emissions from 
each wash sink containing HAP:
    (i) So that the overall HAP control efficiency is no less than 88 
percent; or
    (ii) By maintaining a minimum freeboard ratio of 75 percent in the 
wash sink at all times when the sink contains HAP.
    (2) Owners or operators may meet the requirements of paragraph 
(e)(1)(i) of this section by venting the room, building, or enclosure in 
which the sink is located, as long as the overall HAP control efficiency 
of this method is demonstrated to be at least 88 percent using the test 
methods in Sec. 63.705(e).
    (3) Wash sinks subject to the control provisions of subpart T of 
this part are not subject to paragraph (e)(1) or (e)(2) of this section.
    (f) Equipment for flushing fixed lines. (1) Except as stipulated by 
Sec. 63.703(b), each owner or operator of an affected source subject to 
this subpart shall limit gaseous HAP emissions from each

[[Page 925]]

affected set of equipment for flushing fixed lines:
    (i) So that the overall HAP control efficiency is at least 95 
percent; or
    (ii) By using a closed system for flushing fixed lines.
    (2) Owners or operators may meet the requirements of paragraph 
(f)(1)(i) of this section by venting the room, building, or enclosure in 
which the fixed lines are located, as long as the overall HAP control 
efficiency of this method is demonstrated to be at least 95 percent 
using the test methods in Sec. 63.705(f).
    (g) Wastewater treatment systems. (1) Except as stipulated by 
Sec. 63.703(b), each owner or operator of an affected source subject to 
this subpart shall:
    (i) Treat the wastewater discharge to remove each HAP from magnetic 
tape manufacturing operations that is present in the wastewater 
discharge by at least the fraction removed (FR) specified in Table 
9 of 40 CFR part 63, subpart G; or
    (ii) Treat (other than by dilution) the HAP from magnetic tape 
manufacturing operations that are present in the wastewater discharge 
such that the exit concentration is less than 50 ppmw of total VOHAP.
    (2) The treatment method used to meet the requirements of paragraph 
(g)(1) of this section shall not transfer emissions from the water to 
the atmosphere in an uncontrolled manner.
    (h)(1) Magnetic tape manufacturing operations that are subject to 
Sec. 63.703(b) and are not at major sources are not subject to 
Secs. 63.6(e), 63.6(f), 63.6(g), 63.6(i)(4), 63.7, 63.8, 63.9 (c) 
through (h), 63.10(b)(2), 63.10(c), 63.10(d) (2) through (5), 63.10(e), 
and 63.11 of subpart A.
    (2) Magnetic tape manufacturing operations subject to Sec. 63.703(b) 
shall fulfill the recordkeeping requirements of Sec. 63.706(e) and the 
reporting requirements of Sec. 63.707 (b), (c), and (j).
    (3) An owner or operator of a magnetic tape manufacturing operation 
subject to Sec. 63.703(b) who chooses to no longer be subject to 
Sec. 63.703(b) shall notify the Administrator or delegated State of such 
change. If by no longer being subject to Sec. 63.703(b), the source at 
which the magnetic tape manufacturing operation is located would become 
a major source, the owner or operator shall meet the following 
requirements, starting from the date of such notification:
    (i) Comply with paragraphs (c) through (g) of this section, and 
other provisions of this subpart within the timeframe specified in 
Sec. 63.6(c)(5); and
    (ii) Comply with the HAP utilization limits in Sec. 63.703(b) until 
the requirements of paragraph (h)(3)(i) of this section are met.
    (i) For any solvent storage tank, piece of mix preparation 
equipment, waste handling device, condenser vent in solvent recovery, 
wash sink for cleaning removable parts, and set of equipment for 
flushing of fixed lines, the owner or operator may, instead of meeting 
the requirements of paragraphs (c)(1), (e)(1)(i), or (f)(1)(i) of this 
section, vent the gaseous HAP emissions to an add-on air pollution 
control device other than an incinerator that, in conjunction with 
capture equipment or ductwork, is designed to achieve an overall HAP 
control efficiency of at least 95 percent for the emissions from the 
coating operation, and achieve an alternate outlet concentration limit 
when coating operations are not occurring, as determined in 
Sec. 63.704(b)(11)(ii).
    (j) The requirements of this subpart do not preclude the use of 
pressure relief valves and vacuum relief valves for safety purposes.



Sec. 63.704  Compliance and monitoring requirements.

    (a) For owners or operators of an affected source that are using 
add-on air pollution control equipment or a steam stripper to comply 
with Sec. 63.703, paragraph (b) of this section identifies the operating 
parameter to be monitored to demonstrate continuous compliance. For all 
owners or operators subject to Sec. 63.703, except Sec. 63.703(b) and 
(h), regardless of the type of control technique used, paragraph (c) of 
this section identifies the procedures that must be followed to 
demonstrate continuous compliance with Sec. 63.703.
    (b) Establishing a limit under Sec. 63.703(i) and operating 
parameter values. The owner or operator of an affected source subject to 
Sec. 63.703 except Sec. 63.703(b) and (h), shall establish the operating 
parameter value to be monitored for compliance as required by paragraph 
(c) of

[[Page 926]]

this section, in accordance with paragraphs (b)(1) through (b)(11) of 
this section. An owner or operator subject to Sec. 63.703(i) shall 
establish a limit as required in paragraph (b)(11)(ii) of this section.
    (1) Except as allowed by paragraphs (b)(2), (3), (4), (5), or (9) of 
this section, for each add-on air pollution control device used to 
control solvent HAP emissions, the owner or operator shall fulfill the 
requirements of paragraph (b)(1)(i) or (ii) of this section.
    (i) The owner or operator shall establish as a site-specific 
operating parameter the outlet total HAP or VOC concentration that 
demonstrates compliance with Sec. 63.703(c)(1), (c)(2), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) as appropriate; or
    (ii) The owner or operator shall establish as the site-specific 
operating parameter the control device efficiency that demonstrates 
compliance with Sec. 63.703(c)(1), (c)(4), (e)(1)(i), and (f)(1)(i).
    (iii) When a nonregenerative carbon adsorber is used to comply with 
Sec. 63.703(c)(1), the site-specific operating parameter value may be 
established as part of the design evaluation used to demonstrate initial 
compliance (Sec. 63.705(c)(6)). Otherwise, the site-specific operating 
parameter value shall be established during the initial performance test 
conducted according to the procedures of Sec. 63.705(c)(1), (2), (3), or 
(4).
    (2) For each condenser used as the add-on air pollution control 
device to comply with Sec. 63.703(c), (e)(1)(i), (f)(1)(i) or (i), in 
lieu of meeting the requirements of Sec. 63.704(b)(1), during the 
initial performance test conducted according to the procedures of 
Sec. 63.705(c)(1), (2), or (4), the owner or operator may establish as a 
site-specific operating parameter the maximum temperature of the 
condenser vapor exhaust stream and shall set the operating parameter 
value that demonstrates compliance with Sec. 63.703(c), (e)(1)(i), 
(f)(1)(i) or (i) as appropriate;
    (3) For each thermal incinerator, in lieu of meeting the 
requirements of Sec. 63.704(b)(1), during the initial performance test 
conducted according to the procedures of Sec. 63.705(c)(1), (2), or (4), 
the owner or operator may establish as a site-specific operating 
parameter the minimum combustion temperature and set the operating 
parameter value that demonstrates compliance with Sec. 63.703(c), 
(e)(1)(i), or (f)(1)(i), as appropriate.
    (4) For each catalytic incinerator, in lieu of meeting the 
requirements of Sec. 63.704(b)(1), during the initial performance test 
conducted according to the procedures of Sec. 63.705(c)(1), (2), or (4), 
the owner or operator may establish as site-specific operating 
parameters the minimum gas temperature upstream of the catalyst bed and 
the minimum gas temperature difference across the catalyst bed, and set 
the operating parameter values that demonstrate compliance with 
Sec. 63.703(c), (e)(1)(i), or (f)(1)(i), as appropriate.
    (5) For each nonregenerative carbon adsorber, in lieu of meeting the 
requirements of Sec. 63.704(b)(1), the owner or operator may establish 
as the site-specific operating parameter the carbon replacement time 
interval, as determined by the maximum design flow rate and organic 
concentration in the gas stream vented to the carbon adsorption system. 
The carbon replacement time interval shall be established either as part 
of the design evaluation to demonstrate initial compliance 
(Sec. 63.705(c)(6)), or during the initial performance test conducted 
according to the procedures of Sec. 63.705(c)(1), (2), (3), or (4).
    (6) Each owner or operator venting solvent HAP emissions from a 
source through a room, enclosure, or hood, to a control device to comply 
with Sec. 63.703(c), (e)(1)(i), (f)(1)(i), or (i) shall:
    (i) Submit to the Administrator with the compliance status report 
required by Sec. 63.9(h) of the General Provisions a plan that:
    (A) Identifies the operating parameter to be monitored to ensure 
that the capture efficiency measured during the initial compliance test 
is maintained;
    (B) Discusses why this parameter is appropriate for demonstrating 
ongoing compliance; and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that 
demonstrate compliance with Sec. 63.703(c), (e)(1)(i), (f)(1)(i), or 
(i), as appropriate; and

[[Page 927]]

    (iii) Conduct monitoring in accordance with the plan submitted to 
the Administrator unless comments received from the Administrator 
require an alternate monitoring scheme.
    (7) For each baghouse or fabric filter used to control particulate 
HAP emissions in accordance with Sec. 63.703(d)(2), the owner or 
operator shall establish as the site-specific operating parameter the 
minimum ventilation air flow rate through the inlet duct to the baghouse 
or fabric filter that ensures that particulate HAP are being captured 
and delivered to the control device. The minimum ventilation air flow 
rate is to be supported by the engineering calculations that are 
considered part of the initial performance test, as required by 
Sec. 63.705(g)(2).
    (8) Owners or operators subject to Sec. 63.704(b)(1), (2), (3), (4), 
(5), (6), or (7) shall calculate the site-specific operating parameter 
value, or range of values, as the arithmetic average of the maximum and/
or minimum operating parameter values, as appropriate, that demonstrate 
compliance with Sec. 63.703(c), (d), (e), (f) or (i) during the multiple 
test runs required by Sec. 63.705(b)(2) and (b)(1), or during the 
multiple runs of other tests conducted as allowed by paragraph 
Sec. 63.704(b)(11).
    (9) For each solvent recovery device used to comply with 
Sec. 63.703(c), in lieu of meeting the requirements of paragraph (b)(1) 
of this section, the results of the material balance calculation 
conducted in accordance with Sec. 63.705(c)(1) may serve as the site-
specific operating parameter that demonstrates compliance with 
Sec. 63.703(c).
    (10) Owners or operators complying with the provisions of 
Sec. 63.703(g) shall establish the site-specific operating parameter 
according to paragraph (b)(10)(i) or (ii) of this section.
    (i) Owners or operators using a steam stripper shall establish the 
steam-to-feed ratio as the site-specific operating parameter, except as 
allowed in paragraph (b)(10)(ii) of this section, according to the 
following criteria:
    (A) The minimum operating parameter value shall correspond to at 
least the fraction removed specified in Sec. 63.703(g)(1)(i) and be 
submitted to the permitting authority for approval with the design 
specifications required by Sec. 63.705(h)(1); or
    (B) The minimum operating parameter value shall be that value that 
corresponds to a total VOHAP outlet concentration in the wastewater of 
less than 50 ppmw as determined through tests conducted in accordance 
with Sec. 63.705(b)(9) and (h)(2); or
    (C) The minimum operating parameter value shall be the value that 
corresponds to at least the fraction removed specified in 
Sec. 63.705(g)(1)(i), as demonstrated through tests conducted in 
accordance with Sec. 63.705(b)(9) and (h)(3).
    (ii) Owners or operators complying with Sec. 63.703(g) through the 
use of a steam stripper or any other control technique may establish as 
a site-specific operating parameter the outlet total VOHAP concentration 
according to the following criteria:
    (A) The minimum operating parameter value shall correspond to at 
least the fraction removed specified in Sec. 63.703(g)(1)(i) and be 
submitted to the permitting authority for approval with the design 
specifications required by Sec. 63.705(h)(1); or
    (B) The minimum operating parameter value shall be a total VOHAP 
outlet concentration in the wastewater of less than 50 ppmw, as required 
by Sec. 63.703(g)(1)(ii), and as determined through tests conducted in 
accordance with Sec. 63.705 (b)(9) and (h)(2); or
    (C) The minimum operating parameter value shall be the value that 
corresponds to at least the fraction removed specified in 
Sec. 63.705(g)(1)(i), as demonstrated through tests conducted in 
accordance with Sec. 63.705 (b)(9) and (h)(3).
    (11) Compliance provisions for nonrepresentative operating 
conditions. (i) The owner or operator of an affected source may conduct 
multiple performance tests to establish the operating parameter value, 
or range of values, that demonstrates compliance with the standards in 
Sec. 63.703 during various operating conditions.
    (ii) To establish an alternate outlet concentration limit as 
provided in Sec. 63.703(i), the owner or operator, when the coating 
operation is not occurring, shall conduct a performance test using the 
methods in Sec. 63.705 for determining

[[Page 928]]

initial compliance with Sec. 63.703 (c)(1), (e)(1)(i) or (f)(1)(i), or 
shall collect data from continuous emission monitors used to determine 
continuous compliance as specified in Sec. 63.704 (b) and (c). During 
the period in which this limit is being established, the control device 
shall be operated in accordance with good air pollution control 
practices and in the same manner as it was operated to achieve the 
emission limitation for coating operations. Owners or operators choosing 
to establish such an alternative shall also comply with paragraphs 
(b)(11)(ii) (A) and (B) of this section.
    (A) The owner or operator shall submit the alternate outlet HAP 
concentration limit within 180 days after the compliance demonstration 
required by Sec. 63.7 of subpart A, to the Administrator, as required by 
Sec. 63.707(k)(1).
    (B) The Administrator will approve or disapprove the limit proposed 
in accordance with paragraph (b)(11)(ii)(A) of this section within 60 
days of receipt of the report required by Sec. 63.707(k)(1), and any 
other supplemental information requested by the Administrator to support 
the alternate limit.
    (c) Continuous compliance monitoring. Following the date on which 
the initial compliance demonstration is completed, continuous compliance 
with the standards shall be demonstrated as outlined in paragraphs (c), 
(d), (e), or (f) of this section.
    (1)(i) Each owner or operator of an affected source subject to 
Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) 
of this subpart shall monitor the applicable parameters specified in 
paragraphs (c)(3), (4), (5), (6), (7), or (9) of this section depending 
on the type of control technique used, and shall monitor the parameters 
specified in paragraph (c)(10) of this section.
    (ii) Each owner or operator of an affected source subject to 
Sec. 63.703(c)(5) of this subpart shall demonstrate continuous 
compliance as required by paragraph (c)(8) of this section.
    (iii) Each owner or operator of an affected source subject to 
Sec. 63.703(d)(2) of this subpart shall demonstrate continuous 
compliance as required by paragraph (e) of this section.
    (iv) Each owner or operator of an affected source subject to 
Sec. 63.703(g) of this subpart shall demonstrate continuous compliance 
as required by paragraph (d) of this section.
    (2) Compliance monitoring shall be subject to the following 
provisions.
    (i) Except as allowed by paragraph (c)(3)(i)(C) of this section, all 
continuous emission monitors shall comply with performance specification 
(PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate depending on 
whether volatile organic compound (VOC) or HAP concentration is being 
measured. The requirements in appendix F of 40 CFR part 60 shall also be 
followed. In conducting the quarterly audits required by appendix F, 
owners or operators must challenge the monitors with compounds 
representative of the gaseous emission stream being controlled.
    (ii) All temperature monitoring equipment shall be installed, 
calibrated, maintained, and operated according to the manufacturer's 
specifications. The thermocouple calibration shall be verified or 
replaced every 3 months. The replacement shall be done either if the 
owner or operator chooses not to calibrate the thermocouple, or if the 
thermocouple cannot be properly calibrated.
    (iii) If the effluent from multiple emission points are combined 
prior to being channeled to a common control device, the owner or 
operator is required only to monitor the common control device, not each 
emission point.
    (3) Owners or operators complying with Sec. 63.703(c), (e)(1)(i), 
(f)(1)(i), or (i) through the use of a control device and establishing a 
site-specific operating parameter in accordance with Sec. 63.704(b)(1) 
shall fulfill the requirements of paragraphs (c)(3)(i) of this section 
and paragraph (c)(3)(ii), (iii), (iv), or (v) of this section, as 
appropriate.
    (i) The owner or operator shall install, calibrate, operate, and 
maintain a continuous emission monitor.
    (A) The continuous emission monitor shall be used to measure 
continuously the total HAP or VOC concentration at both the inlet and 
the outlet whenever HAP from magnetic tape manufacturing operations are 
vented to the control device, if continuous compliance is

[[Page 929]]

demonstrated through a percent efficiency calculation 
(Sec. 63.704(b)(1)(ii)); or
    (B) The continuous emission monitor shall be used to measure 
continuously the total outlet HAP or VOC concentration whenever HAP from 
magnetic tape manufacturing operations are vented to the control device, 
if the provisions of Sec. 63.704(b)(1)(i) are being used to determine 
continuous compliance.
    (C) For owners or operators using a nonregenerative carbon adsorber, 
in lieu of using continuous emission monitors as specified in paragraph 
(c)(3)(i) (A) or (B) of this section, the owner or operator may use a 
portable monitoring device to monitor total HAP or VOC concentration at 
the inlet and outlet, or outlet of the carbon adsorber, as appropriate.
    (1) The monitoring device shall be calibrated, operated, and 
maintained in accordance with the manufacturer's specifications.
    (2) The monitoring device shall meet the requirements of part 60, 
appendix A, method 21, sections 2, 3, 4.1, 4.2, and 4.4. For the 
purposes of paragraph (c)(3)(i)(C) of this section, the words ``leak 
definition'' in method 21 shall be the outlet concentration determined 
in accordance with Sec. 63.704(b)(1). The calibration gas shall either 
be representative of the compounds to be measured or shall be methane, 
and shall be at a concentration associated with 125 percent of the 
expected organic compound concentration level for the carbon adsorber 
outlet vent.
    (3) The probe inlet of the monitoring device shall be placed at 
approximately the center of the carbon adsorber outlet vent. The probe 
shall be held there for at least 5 minutes during which flow into the 
carbon adsorber is expected to occur. The maximum reading during that 
period shall be used as the measurement.
    (ii) If complying with Sec. 63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption 
system with a common exhaust stack for all of the carbon vessels, the 
owner or operator shall not operate the control device at an average 
control efficiency less than that required by Sec. 63.703 (c)(1), 
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) or at an average outlet 
concentration exceeding the site-specific operating parameter value or 
that required by Sec. 63.703(i), for three consecutive adsorption 
cycles. Operation in this manner shall constitute a violation of 
Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i).
    (iii) If complying with Sec. 63.703 (c)(1), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption 
system with individual exhaust stacks for each of the multiple carbon 
adsorber vessels, the owner or operator shall not operate any carbon 
adsorber vessel at an average control efficiency less than that required 
by Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at an 
average outlet concentration exceeding the site-specific operating 
parameter value or that required by Sec. 63.703(i), as calculated daily 
using a 3-day rolling average. Operation in this manner shall constitute 
a violation of Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), 
or (i).
    (iv) If complying with Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i) through the use of any control device other 
than a carbon adsorber, the owner or operator shall not operate the 
control device at an average control efficiency less than that required 
by Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at an 
average outlet concentration exceeding the site-specific operating 
parameter value or that required by Sec. 63.703(c)(2) or (i), as 
calculated for any 3-hour period. Operation in this manner shall 
constitute a violation of Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), 
(e)(1)(i), (f)(1)(i), or (i).
    (v) If complying with Sec. 63.703(c)(1) through the use of a 
nonregenerative carbon adsorber, in lieu of the requirements of 
paragraphs (c)(3) (ii) or (iii) of this section, the owner or operator 
may:
    (A) monitor the VOC or HAP concentration of the adsorber exhaust 
daily or at intervals no greater than 20 percent of the design carbon 
replacement interval, whichever is greater; operation of the control 
device at a HAP or VOC concentration greater than that determined in 
accordance with Sec. 63.704(b)(1)(iii) shall constitute a violation of 
Sec. 63.703 (c)(1), (e)(1)(i), or (f)(1)(i); or

[[Page 930]]

    (B) replace the carbon in the carbon adsorber system with fresh 
carbon at a regular predetermined time interval as determined in 
accordance with Sec. 63.704(b)(5); failure to replace the carbon at this 
predetermined time interval shall constitute a violation of Sec. 63.703 
(c)(1), (e)(1)(i), or (f)(1)(i).
    (4) Owners or operators complying with Sec. 63.703 (c)(1), (c)(3), 
(c)(4), (e)(1)(i), (f)(1)(i), or (i) through the use of a condenser as 
the add-on air pollution control device, and demonstrating compliance in 
accordance with Sec. 63.704(b)(2), shall install, calibrate, operate, 
and maintain a thermocouple to measure continuously the temperature of 
the condenser vapor exhaust stream whenever HAP from magnetic tape 
manufacturing operations are vented to the control device. Operation of 
the control device at an average vapor exhaust temperature greater than 
the site-specific operating parameter value or values established in 
accordance with Sec. 63.704(b)(2) for any 3-hour period shall constitute 
a violation of Sec. 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i) 
or (i).
    (5) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a thermal 
incinerator and demonstrating compliance in accordance with 
Sec. 63.704(b)(3) shall install, calibrate, operate, and maintain a 
thermocouple to measure continuously the combustion temperature whenever 
HAP from magnetic tape manufacturing operations are vented to the 
control device. Operation of the control device at an average combustion 
temperature less than the operating parameter value or values 
established in accordance with Sec. 63.704(b)(3) for any 3-hour period 
shall constitute a violation of Sec. 63.703 (c)(1), (c)(2), (c)(3), 
(c)(4), (e)(1)(i), or (f)(1)(i).
    (6) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a catalytic 
incinerator and demonstrating compliance in accordance with 
Sec. 63.704(b)(4) shall install, calibrate, operate, and maintain a 
thermocouple to measure continuously the gas temperature both upstream 
and downstream of the catalyst bed whenever HAP from magnetic tape 
manufacturing operations are vented to the control device. Operation of 
the control device at an average upstream gas temperature, or at an 
average gas temperature difference across the catalyst bed, less than 
the operating parameter values established in accordance with 
Sec. 63.704(b)(4) for any 3-hour period shall constitute a violation of 
Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i).
    (7) Owners or operators complying with Sec. 63.703 (c)(1), (c)(2), 
(c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) by capturing emissions 
through a room, enclosure, or hood shall install, calibrate, operate, 
and maintain the instrumentation necessary to measure continuously the 
site-specific operating parameter established in accordance with 
Sec. 63.704(b)(6) whenever HAP from magnetic tape manufacturing 
operations are vented through the capture device. Operation of the 
capture device at an average value greater than or less than (as 
appropriate) the operating parameter value established in accordance 
with Sec. 63.704(b)(6) for any 3-hour period shall constitute a 
violation of Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), 
(f)(1)(i), or (i).
    (8) The owner or operator of an affected source complying with 
Sec. 63.703(c)(5) shall demonstrate continuous compliance by using a 
coating that has a HAP content of no greater than 0.18 kilograms of HAP 
per liter of coating solids, as measured in accordance with 
Sec. 63.705(c)(5), and by maintaining and reporting the records required 
by Secs. 63.706(f) and 63.707(e) and (i)(2).
    (9) For owners or operators complying with Sec. 63.703 (c)(1), 
(c)(3), or (c)(4) through the use of a solvent recovery device and 
demonstrating initial compliance in accordance with the provisions of 
Sec. 63.705(c)(1), continuous compliance shall be demonstrated using 
procedures in Sec. 63.705(c)(1) and through the recordkeeping and 
reporting requirements of Secs. 63.706(d), 63.707(d), and 63.707(i)(5). 
The provisions of Sec. 63.8(b) (2) and (3), (c), (d), (e), (f), and (g) 
(1), and (2) of subpart A do not apply.
    (10) The owner or operator of an affected emission point using a 
vent system that contains bypass lines (not including equipment such as 
low leg drains, high point bleeds, analyzer vents, open-ended valves or 
lines, and pressure relief valves needed for safety purposes) that could 
potentially divert

[[Page 931]]

a vent stream away from the control device used to comply with 
Sec. 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) 
shall:
    (i) Install, calibrate, maintain, and operate a flow indicator that 
provides a record of vent stream flow at least once every 15 minutes; 
records shall be generated as specified in Sec. 63.706(c)(1); and the 
flow indicator shall be installed at the entrance to any bypass line 
that could divert the vent stream away from the control device to the 
atmosphere; or
    (ii) Secure any bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration; a visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve is maintained in the closed position and the 
vent stream is not diverted through the bypass line; or
    (iii) Ensure that any bypass line valve is in the closed position 
through continuous monitoring of valve position; the monitoring system 
shall be inspected at least once every month to ensure that it is 
functioning properly; or
    (iv) Use an automatic shutdown system in which any HAP-emitting 
operations are ceased when flow from these operations is diverted away 
from the control device to any bypass line; the automatic system shall 
be inspected at least once every month to ensure that it is functioning 
properly.
    (d) Owners or operators complying with Sec. 63.703(g) shall 
demonstrate continuous compliance in accordance with paragraph (d)(1) or 
(d)(2) of this section.
    (1) An owner or operator that established the steam-to-feed ratio as 
the site-specific operating parameter in accordance with 
Sec. 63.704(b)(10)(i) shall continuously measure the steam-to-feed ratio 
whenever HAP-containing wastewater from magnetic tape manufacturing 
operations is being fed to the steam stripper. Operation of the steam 
stripper at a steam-to-feed ratio less than the operating parameter 
value or values established in accordance with Sec. 63.704(b)(10)(i) for 
any 3-hour period shall constitute a violation of Sec. 63.703(g).
    (2) An owner or operator that established the total outlet VOHAP 
concentration of the wastewater discharge as the site-specific operating 
parameter in accordance with Sec. 63.704(b)(10)(ii) shall measure the 
total VOHAP concentration of the wastewater discharge once per month. 
Operation of the control device at an outlet VOHAP concentration greater 
than the operating parameter value or values established in accordance 
with Sec. 63.704(b)(10)(ii) for any month shall constitute a violation 
of Sec. 63.703(g).
    (e) Owners or operators complying with Sec. 63.703(d)(2) of this 
subpart through the use of a baghouse or fabric filter shall perform 
visible emission testing each day that particulate HAP transfer occurs, 
using the procedures in Sec. 63.705(b)(10). Owners or operators shall 
also install, calibrate, and operate the instrumentation necessary to 
continuously monitor the ventilation air flow rate in the inlet duct to 
the baghouse or fabric filter whenever particulate HAP transfer occurs. 
The occurrence of visible emissions shall constitute a violation of 
Sec. 63.703(d)(2), and the operation of the baghouse or fabric filter at 
a flow rate less than the value or values established in accordance with 
Sec. 63.704(b)(7) for any 3-hour period shall constitute a violation of 
Sec. 63.703(d)(2).
    (f) An owner or operator who uses an air pollution control device 
not listed in Sec. 63.704 to comply with Sec. 63.703(c), (e)(1)(i), 
(f)(1)(i), or (i), or a device other than a steam stripper to comply 
with Sec. 63.703(g) shall submit to the Administrator a description of 
the device, test data verifying the performance of the device, and 
appropriate site-specific operating parameters that will be monitored to 
demonstrate continuous compliance with the standard. The monitoring plan 
submitted by an owner or operator in accordance with this paragraph is 
subject to approval by the Administrator.



Sec. 63.705  Performance test methods and procedures to determine initial compliance.

    (a) Except as specified in Sec. 63.705(a) (1) through (3), to 
determine initial compliance with the emission limits under Sec. 63.703 
(c), (d)(2), (e)(1), (f)(1), and (g), the owner or operator shall 
conduct an

[[Page 932]]

initial performance demonstration as required under Sec. 63.7 using the 
procedures and test methods listed in Sec. 63.7 and Sec. 63.705. If 
multiple emission points are vented to one common control device to meet 
the requirements of Sec. 63.703 (c), (d)(2), (e)(1), and (f)(1), only 
one performance test is required to demonstrate initial compliance for 
that group of emission points. This section also contains initial 
compliance demonstration procedures (other than testing) for owners or 
operators subject to Sec. 63.703 (c), (d)(1), (e)(1)(ii), (f)(1)(ii), 
and (g).
    (1) A control device (not enclosure) used to comply with Sec. 63.703 
(c), (e), or (f) does not need to be tested if each of the following 
criteria are met:
    (i) It is used to control gaseous HAP emissions from an existing 
affected source;
    (ii) It is operating prior to March 11, 1994;
    (iii) It is equipped with continuous emission monitors for 
determining inlet and outlet total HAP or VOC concentration, such that a 
percent efficiency can be calculated; and
    (iv) The continuous emission monitors are used to demonstrate 
continuous compliance in accordance with Sec. 63.704(c)(3)(i).
    (2) The owner or operator is not required to conduct an initial 
performance test if the requirements of Sec. 63.7(e)(2)(iv) or 
Sec. 63.7(h) are met.
    (3) An owner or operator is not required to conduct an initial 
performance test for a capture device when:
    (i) The room, enclosure, or vent was previously tested to 
demonstrate compliance with subpart SSS of part 60; and
    (ii) Sufficient data were gathered during the test to establish 
operating parameter values in accordance with Sec. 63.704(b)(6) (i), 
(ii), and (iii).
    (b) When an initial compliance demonstration is required by this 
subpart, the procedures in paragraphs (b)(1) through (b)(10) of this 
section shall be used in determining initial compliance with the 
provisions of this subpart.
    (1) EPA Method 24 of appendix A of part 60 is used to determine the 
VOC content in coatings. If it is demonstrated to the satisfaction of 
the Administrator that plant coating formulation data are equivalent to 
EPA Method 24 results, formulation data may be used. In the event of any 
inconsistency between an EPA Method 24 test and an affected source's 
formulation data, the EPA Method 24 test will govern. For EPA Method 24, 
the coating sample must be a 1-liter sample taken into a 1-liter 
container at a location and time such that the sample will be 
representative of the coating applied to the base substrate (i.e., the 
sample shall include any dilution solvent or other VOC added during the 
manufacturing process). The container must be tightly sealed immediately 
after the sample is taken. Any solvent or other VOC added after the 
sample is taken must be measured and accounted for in the calculations 
that use EPA Method 24 results.
    (2) Formulation data is used to determine the HAP content of 
coatings.
    (3) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, 
as appropriate to the conditions at the site, shall be used to determine 
HAP or VOC concentration of air exhaust streams as required by 
Sec. 63.705(c). The owner or operator shall submit notice of the 
intended test method to the Administrator for approval along with the 
notification of the performance test required under Sec. 63.7(b). Method 
selection shall be based on consideration of the diversity of organic 
species present and their total concentration and on consideration of 
the potential presence of interfering gases. Except as indicated in 
paragraphs (b)(3) (i) and (ii) of this section, the test shall consist 
of three separate runs, each lasting a minimum of 30 minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with a common exhaust stack for all the individual carbon adsorber 
vessels pursuant to Sec. 63.705(c) (2) or (4), the test shall consist of 
three separate runs, each coinciding with one or more complete sequences 
through the adsorption cycles of all of the individual carbon adsorber 
vessels.
    (ii) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system

[[Page 933]]

with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec. 63.705(c) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (4) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (5) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for 
velocity and volumetric flow rates.
    (6) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (7) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (8) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (9) Wastewater analysis shall be conducted in accordance with 
paragraph (b)(9)(i) or (b)(9)(ii) of this section.
    (i) Use Method 305 of 40 CFR part 63, appendix A and the equations 
in paragraphs (b)(9)(i) (A) and (B) of this section to determine the 
total VOHAP concentration of a wastewater stream.
    (A) The following equation shall be used to calculate the VOHAP 
concentration of an individually speciated HAP.

[GRAPHIC] [TIFF OMITTED] TR15DE94.003

where:

Ci = VOHAP concentration of the individually-speciated organic HAP 
in the wastewater, parts per million by weight.
Cc = Concentration of the organic HAP (i) in the gas stream, as 
measured by Method 305 of appendix A of this part, parts per million by 
volume on a dry basis.
Ms = Mass of sample, from Method 305 of appendix A of this part, 
milligrams.
MW = Molecular weight of the organic HAP (i), grams per gram-mole.
24.055 = Ideal gas molar volume at 293 deg. Kelvin and 760 millimeters 
of mercury, liters per gram-mole.
Pi = Barometric pressure at the time of sample analysis, 
millimeters mercury absolute.
760 = Reference or standard pressure, millimeters mercury absolute.
293 = Reference or standard temperature,  deg.Kelvin.
Ti = Sample gas temperature at the time of sample analysis, 
deg.Kelvin.
t = Actual purge time, from Method 305 of appendix A of this part, 
minutes.
L = Actual purge rate, from Method 305 of appendix A of this part, 
liters per minute.
103 = Conversion factor, milligrams per gram.

    (B) Total VOHAP concentration (stream) can be determined by summing 
the VOHAP concentrations of all individually speciated organic HAP in 
the wastewater.
[GRAPHIC] [TIFF OMITTED] TR15DE94.004

where:

Cstream=Total VOHAP concentration of wastewater stream.
n=Number of individual organic HAP (i) in the wastewater stream.
Ci=VOHAP concentration of individual organic HAP (i) calculated 
according to the procedures in paragraph (b)(9)(i)(A) of this section.

    (ii) Use a test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated according to section 5.1 or 5.3 of Method 301 of appendix A of 
this part. The specific requirement of Method 305 of appendix A of this 
part to collect the sample into polyethylene glycol would not be 
applicable.

[[Page 934]]

    (A) If measuring the total VOHAP concentration of the exit stream in 
accordance with Secs. 63.703(g)(1)(ii) and 63.705(h)(2), the 
concentrations of the individual organic HAP measured in the water shall 
be corrected to their concentrations had they been measured by Method 
305 of appendix A of this part. This is done by multiplying each 
concentration by the compound-specific fraction measured factor 
(FM) listed in table 34 of 40 CFR part 63, subpart G.
    (B) If measuring the total HAP concentration of an inlet and outlet 
wastewater stream to demonstrate compliance with Sec. 63.703(g)(1)(i) 
and following the procedures of Sec. 63.705(h)(3), the concentrations of 
the individual organic HAP measured in the water do not need to be 
corrected.
    (10) EPA Method 22 of appendix A of part 60 is used to determine 
visible emissions. Visible emissions testing shall be conducted for a 
minimum of 6 minutes during a time when particulate HAP transfer, as 
defined in this subpart, is occurring.
    (c) Initial compliance demonstrations. Except as stipulated in 
Sec. 63.705(a), each owner or operator subject to the requirements of 
Sec. 63.703(c) must demonstrate initial compliance with the requirements 
of this subpart by following the procedures of paragraphs (c)(1), (2), 
(3), (4), (5), or (6) and paragraph (d) of this section, as applicable. 
Each owner or operator subject to Sec. 63.703(d), (e), (f), and (g) must 
demonstrate initial compliance with the requirements of this subpart by 
following the procedures of paragraphs (e), (f), (g), and (h) of this 
section, as appropriate.
    (1) To demonstrate initial and continuous compliance with 
Sec. 63.703(c)(1), (c)(3), or (c)(4) when emissions from only the 
affected coating operations are controlled by a dedicated solvent 
recovery device, each owner or operator of the affected coating 
operation may perform a liquid-liquid HAP or VOC material balance over 
rolling 7-day periods in lieu of demonstrating compliance through the 
methods in paragraphs (c)(2), (c)(3), or (c)(4) of this section. Results 
of the material balances calculation performed to demonstrate initial 
compliance shall be submitted to the Administrator with the notification 
of compliance status required by Sec. 63.9(h) and Sec. 63.707(d). When 
demonstrating compliance by this procedure, Sec. 63.7(e)(3) of subpart A 
does not apply. The amount of liquid HAP or VOC applied and recovered 
shall be determined as discussed in paragraph (c)(1)(iii) of this 
section. The overall HAP or VOC emission reduction (R) is calculated 
using equation 1:
[GRAPHIC] [TIFF OMITTED] TR15DE94.005

    (i) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured RSi value that is greater than zero:
    (A) Measurement techniques; and
    (B) Documentation that the measured value of RSi exceeds zero.
    (ii) The measurement techniques of paragraph (c)(1)(i)(A) of this 
section shall be submitted to the Administrator for approval with the 
notification of performance test required under Sec. 63.7(b).
    (iii) Each owner or operator demonstrating compliance by the test 
method described in paragraph (c)(1) of this section shall:
    (A) Measure the amount of coating applied at the coater;
    (B) Determine the VOC or HAP content of all coating applied using 
the test method specified in Sec. 63.705(b) (1) or (2);
    (C) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the amount of HAP 
or VOC recovered by the solvent recovery device over rolling 7-day 
periods; the device shall be certified by the manufacturer to be 
accurate to within  2.0 percent, and this certification 
shall be kept on record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for 
rolling 7-day periods using Equation 1.
    (iv) Compliance is demonstrated if the value of R is equal to or 
greater than the overall HAP control efficiency

[[Page 935]]

required by Sec. 63.703 (c)(1), (c)(3), or (c)(4).
    (2) To demonstrate initial compliance with Sec. 63.703 (c)(1), 
(c)(2), (c)(3), or (c)(4) when affected HAP emission points are 
controlled by an emission control device other than a fixed-bed carbon 
adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP or VOC emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 63.705(b) (3) through (8).
    (ii) Determine capture efficiency from the HAP emission points by 
capturing, venting, and measuring all HAP emissions from the HAP 
emission points. During a performance test, the owner or operator of 
affected HAP emission points located in an area with other gaseous 
emission sources not affected by this subpart shall isolate the affected 
HAP emission points from all other gaseous emission points by one of the 
following methods:
    (A) Build a temporary total enclosure (see Sec. 63.702) around the 
affected HAP emission point(s); or
    (B) Shut down all gaseous emission points not affected by this 
subpart and continue to exhaust fugitive emissions from the affected HAP 
emission points through any building ventilation system and other room 
exhausts such as drying ovens.
    All ventilation air must be vented through stacks suitable for 
testing.
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating.
    (iv) Determine the efficiency (E) of the control device using 
equation 2:
[GRAPHIC] [TIFF OMITTED] TR15DE94.006

    (v) Determine the efficiency (F) of the capture system using 
equation 3:
[GRAPHIC] [TIFF OMITTED] TR15DE94.007

    (vi) For each HAP emission point subject to Sec. 63.703, compliance 
is demonstrated if either of the following conditions are met:
    (A) The product of (E) x (F) is equal to or greater than the overall 
HAP control efficiency required by Sec. 63.703(c)(1), (c)(3), or (c)(4); 
or
    (B) When the owner or operator is subject to Sec. 63.703(c)(2), the 
value of F is equal to 1 and the value of Caj at the outlet of the 
incinerator is demonstrated to be no greater than 20 ppmv by compound, 
on a dry basis.
    (3) To demonstrate compliance with Sec. 63.703(c)(1), (c)(3), or 
(c)(4) when affected HAP emission points are controlled by a fixed-bed 
carbon adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures:
    (i) Construct the overall HAP emission reduction system so that each 
volumetric flow rate and the total HAP emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 63.705(b) (3) through (8);
    (ii) Assure that all HAP emissions from the affected HAP emission 
point(s) are segregated from gaseous emission points not affected by 
this subpart and that the emissions can be captured for measurement, as 
described in Sec. 63.705(c)(2)(ii) (A) and (B);
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating;
    (iv) Determine the efficiency (Hv) of each individual carbon 
adsorber vessel (v) using equation 4:
[GRAPHIC] [TIFF OMITTED] TR15DE94.008

    (v) Determine the efficiency of the carbon adsorption system 
(Hsys) by computing the average efficiency of

[[Page 936]]

the individual carbon adsorber vessels as weighted by the volumetric 
flow rate (Qhv) of each individual carbon adsorber vessel (v) using 
equation 5:
[GRAPHIC] [TIFF OMITTED] TR15DE94.009

    (vi) Determine the efficiency (F) of the capture system using 
equation (3).
    (vii) For each HAP emission point subject to Sec. 63.703(c), 
compliance is demonstrated if the product of (Hsys) x (F) is equal 
to or greater than the overall HAP control efficiency required by 
Sec. 63.703(c)(1), (c)(3), or (c)(4).
    (4) An alternative method of demonstrating compliance with 
Sec. 63.703(c)(1) through (c)(4) is the installation of a total 
enclosure around the affected HAP emission point(s) and the ventilation 
of all HAP emissions from the total enclosure to a control device with 
the efficiency or outlet concentration specified in paragraph 
(c)(4)(iii) of this section. If this method is selected, the compliance 
test methods described in paragraphs (c)(1), (c)(2), and (c)(3) of this 
section are not required. Instead, each owner or operator of an affected 
source shall:
    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in paragraphs (c)(4)(i) (A) through (D) of 
this section shall be considered a total enclosure. The owner or 
operator of an enclosure that does not meet these requirements may apply 
to the Administrator for approval of the enclosure as a total enclosure 
on a case-by-case basis. The enclosure shall be considered a total 
enclosure if it is demonstrated to the satisfaction of the Administrator 
that all HAP emissions from the affected HAP emission point(s) are 
contained and vented to the control device. The requirements for 
automatic approval are as follows:
    (A) Total area of all natural draft openings shall not exceed 5 
percent of the total surface area of the total enclosure's walls, floor, 
and ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum 
of four equivalent diameters away from each natural draft opening;
    (C) Average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods and procedures specified in 
Sec. 63.705(b) (4) and (5); volumetric flow rates shall be calculated 
without the adjustment normally made for moisture content; and
    (2) determine FV by equation 6:
    [GRAPHIC] [TIFF OMITTED] TR15DE94.010
    
    (D) the air passing through all natural draft openings shall flow 
into the enclosure continuously. If FV is less than or equal to 9,000 
meters per hour, the continuous inward flow of air shall be verified by 
continuous observation using smoke tubes, streamers, tracer gases, or 
other means approved by the Administrator over the period that the 
volumetric flow rate tests required to determine FV are carried out. If 
FV is greater than 9,000 meters per hour, the direction of airflow 
through the natural draft openings shall be presumed to be inward at all 
times without verification.
    (ii) Determine the control device efficiency using equation (2) or 
equations

[[Page 937]]

(4) and (5), as applicable, and the test methods and procedures 
specified in Sec. 63.705(b) (3) through (8).
    (iii) Be in compliance if either of the following criteria are met:
    (A) The installation of a total enclosure is demonstrated and the 
value of E determined from equation (2) (or the value of Hsys 
determined from equations (4) and (5), as applicable) is equal to or 
greater than the overall HAP control efficiency required by Sec. 63.703 
(c)(1), (c)(3), or (c)(4); or
    (B) When the owner or operator is subject to Sec. 63.703(c)(2), the 
installation of a total enclosure is demonstrated and the value of 
Caj at the outlet of the incinerator is demonstrated to be no 
greater than 20 ppmv by compound, on a dry basis.
    (5) To demonstrate initial and continuous compliance with 
Sec. 63.703(c)(5), each owner or operator of an affected source shall 
determine the mass of HAP contained in the coating per volume of coating 
solids applied for each batch of coating applied, according to the 
procedures of paragraphs (c)(5) (i) through (iii) of this section. If a 
batch of coating is identical to a previous batch of coating applied, 
the original calculations can be used to demonstrate the compliance of 
subsequent identical batches. The calculation of the HAP content of the 
coating used to demonstrate initial compliance with Sec. 63.703(c)(5) 
shall be submitted to the Administrator with the notification of 
compliance status required by Sec. 63.9(h) and Sec. 63.707(e). When 
demonstrating compliance by this procedure, Sec. 63.7(e)(3) of subpart A 
does not apply.
    (i) Determine the weight fraction of HAP in each coating applied 
using formulation data as specified in Sec. 63.705(b)(2);
    (ii) Determine the volume of coating solids in each coating applied 
from the facility records; and
    (iii) Compute the mass of HAP per volume of coating solids by 
equation 7:
[GRAPHIC] [TIFF OMITTED] TR15DE94.011

    (iv) The owner or operator of an affected source is in compliance 
with Sec. 63.703(c)(5) if the value of G is less than or equal to 0.18 
kilogram of HAP per liter of coating solids applied.
    (6) When nonregenerative carbon adsorbers are used to comply with 
Sec. 63.703(c)(1), the owner or operator may conduct a design evaluation 
to demonstrate initial compliance in lieu of following the compliance 
test procedures of paragraph (c) (1), (2), (3), or (4) of this section. 
The design evaluation shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature, and shall establish the design exhaust vent stream organic 
compound concentration level, capacity of the carbon bed, type and 
working capacity of activated carbon used for the carbon bed, and design 
carbon replacement interval based on the total carbon working capacity 
of the control device and the emission point operating schedule.
    (d)(1) To demonstrate initial compliance with Sec. 63.703(c) when 
hard piping or ductwork is used to direct HAP emissions from a HAP 
source to the control device, each owner or operator shall demonstrate 
upon inspection that the criteria of paragraph (d)(1)(i) and paragraph 
(d)(1) (ii) or (iii) are met.
    (i) The equipment must be vented to a control device.
    (ii) The control device efficiency (E or Hsys, as applicable) 
determined using equation (2) or equations (4) and (5), respectively, 
and the test methods and procedures specified in Sec. 63.705(b) (3) 
through (8), must be equal to or greater than the overall HAP control 
efficiency required by Sec. 63.703 (c)(1), (c)(3), or (c)(4), or the 
outlet concentration must be no greater than 20 ppmv by compound, on a 
dry basis, as required by Sec. 63.703(c)(2).
    (iii) When a nonregenerative carbon adsorber is used, the ductwork 
from the affected emission point(s) must be

[[Page 938]]

vented to the control device and the carbon adsorber must be 
demonstrated, through the procedures of Sec. 63.705(c) (1), (2), (3), 
(4), or (6) to meet the requirements of Sec. 63.703(c)(1).
    (2) To demonstrate initial compliance with provisions for mix 
preparation equipment, owners or operators shall, in addition to 
paragraph (d)(1) of this section, ensure that covers are closed at all 
times except when adding ingredients, withdrawing samples, transferring 
the contents, or making visual inspection when such activities cannot be 
carried out with the cover in place. Such activities shall be carried 
out through ports of the minimum practical size.
    (e) To demonstrate initial compliance with Sec. 63.703(e), the owner 
or operator of a wash sink subject to the provisions of this standard 
shall:
    (1) If complying with Sec. 63.703(e)(1)(ii), maintain at least the 
required minimum freeboard ratio at all times; or
    (2) If complying with Sec. 63.703(e)(1)(i), the owner or operator of 
an existing wash sink that vents emissions from the wash sink to a 
control device prior to March 11, 1994 must demonstrate that the control 
device is at least 95-percent efficient in accordance with 
Sec. 63.705(c) (2), (3), (4), or (6); or
    (3) If complying with Sec. 63.703(e)(1)(i), each owner or operator 
that vents emissions from the wash sink, through a capture device, and 
to a control device starting on or after March 11, 1994, must 
demonstrate that the overall HAP control efficiency is at least 88 
percent using the test methods and procedures in Sec. 63.705(c) (2), 
(3), (4), or (6).
    (f) To demonstrate initial compliance with Sec. 63.703(f), the owner 
or operator shall:
    (1) If complying with Sec. 63.703(f)(1)(ii), install and use a 
closed system for flushing fixed lines; or
    (2) If complying with Sec. 63.703(f)(1)(i), each owner or operator 
that vents emissions from the flushing operation, through a capture 
device, and to a control device must demonstrate that the overall HAP 
control efficiency is at least 95 percent using the test methods and 
procedures in Sec. 63.705(c) (2), (3), (4), or (6).
    (g) To demonstrate initial compliance with Sec. 63.703(d), the owner 
or operator shall:
    (1) If complying with Sec. 63.703(d)(1), install an enclosed 
transfer device for conveying particulate HAP, and use this device, 
following manufacturer's specifications or other written procedures 
developed for the device; or
    (2) If complying with Sec. 63.703(d)(2):
    (i) Test the baghouse or fabric filter to demonstrate that there are 
no visible emissions using the test method in Sec. 63.705(b)(10); and
    (ii) provide engineering calculations in accordance with 
Sec. 63.707(h) of this subpart with the performance test results 
required by Sec. 63.7(g)(1) and Sec. 63.9(h) of subpart A, to 
demonstrate that the ventilation rate from the particulate transfer 
activity to the control device is sufficient for capturing the 
particulate HAP.
    (h) To demonstrate initial compliance with Sec. 63.703(g), the owner 
or operator of an affected source shall follow the compliance procedures 
of either paragraph (h)(1), paragraph (h)(2), or paragraph (h)(3) of 
this section.
    (1) The owner or operator shall submit to the permitting authority 
with the notification of compliance status required by Sec. 63.9(h) and 
Sec. 63.707(f) the design specifications demonstrating that the control 
technique meets the required efficiency for each HAP compound. For steam 
strippers, these specifications shall include at a minimum: feed rate, 
steam rate, number of theoretical trays, number of actual trays, feed 
composition, bottoms composition, overheads composition, and inlet feed 
temperature.
    (2) The owner or operator shall demonstrate the compliance of a 
treatment process with the parts per million by weight (ppmw) wastewater 
stream concentration limits specified in Sec. 63.703(g)(1)(ii) by 
measuring the concentration of total VOHAP at the outlet of the 
treatment process using the method specified in Sec. 63.705(b)(9) (i) or 
(ii). A minimum of three representative samples of the wastewater stream 
exiting the treatment process, which are representative of normal flow 
and

[[Page 939]]

concentration conditions, shall be collected and analyzed. Wastewater 
samples shall be collected using the sampling procedures specified in 
Method 25D of appendix A of part 60. Where feasible, samples shall be 
taken from an enclosed pipe prior to the wastewater being exposed to the 
atmosphere. When sampling from an enclosed pipe is not feasible, a 
minimum of three representative samples shall be collected in a manner 
that minimizes exposure of the sample to the atmosphere and loss of 
organic HAP prior to analysis.
    (3) The owner or operator shall demonstrate the compliance of a 
treatment process with the HAP fraction removed requirement specified in 
Sec. 63.703(g)(1)(i) by measuring the concentration of each HAP at the 
inlet and outlet of the treatment process using the method specified in 
Sec. 63.705(b)(9) (i) or (ii) and the procedures of paragraphs (h)(3) 
(i) through (iii) of this section.
    (i) The same test method shall be used to analyze the wastewater 
samples from both the inlet and outlet of the treatment process.
    (ii) The HAP mass flow rate of each individually speciated HAP 
compound entering the treatment process (Eb) and exiting the 
treatment process (Ea) shall be determined by computing the product 
of the flow rate of the wastewater stream entering or exiting the 
treatment process, and the HAP concentration of each individual HAP 
compound of the entering or exiting wastewater streams, respectively.
    (A) The flow rate of the entering and exiting wastewater streams 
shall be determined using inlet and outlet flow meters, respectively.
    (B) The average HAP concentration of each individual HAP of the 
entering and exiting wastewater streams shall be determined according to 
the procedures specified in either paragraph (b)(9)(i)(A) or 
(b)(9)(ii)(B) of this section. If measuring the VOHAP concentration of 
an individual HAP in accordance with Sec. 63.705(b)(9)(i)(A), the 
concentrations of the individual organic VOHAP measured in the water 
shall be corrected to a HAP concentration by dividing each VOHAP 
concentration by the compound-specific fraction measured factor 
(FM) listed in table 34 of 40 CFR part 63, subpart G.
    (C) Three grab samples of the entering wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-hour 
period constitutes a run, and the performance test shall consist of a 
minimum of three runs.
    (D) Three grab samples of the exiting wastewater stream shall be 
taken at equally spaced time intervals over a 1-hour period. Each 1-hour 
period constitutes a run, and the performance test shall consist of a 
minimum of three runs conducted over the same 3-hour period at which the 
total HAP mass flow rate entering the treatment process is determined.
    (E) The HAP mass flow rates of each individual HAP compound entering 
and exiting the treatment process are calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE94.012

where:

Eb = HAP mass flow rate of an individually speciated HAP compound 
entering the treatment process, kilograms per hour.
Ea = HAP mass flow rate of an individually speciated HAP compound 
exiting the treatment process, kilograms per hour.
K = Density of the wastewater stream, kilograms per cubic meter.
Vbp = Average volumetric flow rate of wastewater entering the 
treatment process during each run p, cubic meters per hour.
Vap = Average volumetric flow rate of wastewater exiting the 
treatment process during each run p, cubic meters per hour.
Cbp = Average HAP concentration of an individually speciated HAP in 
the wastewater stream entering the treatment process during each run p, 
parts per million by weight.
Cap = Average HAP concentration of an individually speciated HAP in 
the

[[Page 940]]

wastewater stream exiting the treatment process during each run p, parts 
per million by weight.
n = Number of runs.

    (iii) The fraction removed across the treatment process for each 
individually speciated HAP compound shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE94.013

where:

FR = Fraction removed for an individually speciated HAP compound of 
the treatment process.
Eb = HAP mass flow rate of an individually speciated HAP compound 
entering the treatment process, kilogram per hour.
Ea = HAP mass flow rate of an individually speciated HAP compound 
exiting the treatment process, kilograms per hour.

    (i) Startups and shutdowns are normal operation for this source 
category. Emissions from these activities are to be included when 
determining if the standards specified in Sec. 63.703 are being 
attained.
    (j) An owner or operator who uses compliance techniques other than 
those specified in this subpart shall submit a description of those 
compliance procedures, subject to the Administrator's approval, in 
accordance with Sec. 63.7(f) of subpart A.



Sec. 63.706  Recordkeeping requirements.

    (a) Except as stipulated in Sec. 63.703 (b), (c)(5), and (h), the 
owner or operator of a magnetic tape manufacturing operation subject to 
this subpart shall fulfill all applicable recordkeeping requirements in 
Sec. 63.10 of subpart A, as outlined in Table 1.
    (b) The owner or operator of an affected source subject to this 
subpart that is also subject to the requirements of 
Sec. 63.703(e)(1)(ii) (a minimum freeboard ratio of 75 percent), shall 
record whether or not the minimum freeboard ratio has been achieved 
every time that HAP solvent is added to the wash sink. A measurement of 
the actual ratio is not necessary for each record as long as the owner 
or operator has a reliable method for making the required determination. 
For example, the record may be made by comparing the HAP solvent level 
to a permanent mark on the sink that corresponds to a 75 percent 
freeboard ratio. A HAP solvent level in the sink higher than the mark 
would indicate the minimum ratio has not been achieved.
    (c) The owner or operator of an affected source subject to this 
subpart that is subject to the requirements of Sec. 63.704(c)(10) shall:
    (1) If complying with Sec. 63.704(c)(10)(i), maintain hourly records 
of whether the flow indicator was operating and whether flow was 
detected at any time during the hour, as well as records of the times 
and durations of all periods when the vent stream is diverted from the 
control device or the monitor is not operating;
    (2) If complying with Sec. 63.704(c)(10) (ii), (iii), or (iv), 
maintain a record of monthly inspections, and the records of the times 
and durations of all periods when:
    (i) Flow was diverted through any bypass line such that the seal 
mechanism was broken;
    (ii) The key for a lock-and-key type lock had been checked out;
    (iii) The valve position on any bypass line changed to the open 
position; or
    (iv) The diversion of flow through any bypass line caused a shutdown 
of HAP-emitting operations.
    (d) The owner or operator of an affected source that is complying 
with Sec. 63.703(c) by performing a material balance in accordance with 
Sec. 63.705(c)(1) shall:
    (1) Maintain a record of each 7-day rolling average calculation; and
    (2) Maintain a record of the certification of the accuracy of the 
device that measures the amount of HAP or VOC recovered.
    (e) The owner or operator of a magnetic tape manufacturing operation 
subject to the provisions of Sec. 63.703 (b) and (h) shall maintain 
records of the calculations used to determine the limits on the amount 
of HAP utilized as specified in Sec. 63.703(b)(2), and of the HAP 
utilized in each month and the sum over each 12-month period.
    (f) The owner or operator of an affected source subject to the 
provisions of Sec. 63.703(c)(5) shall keep records of the

[[Page 941]]

HAP content of each batch of coating applied as calculated according to 
Sec. 63.705(c)(5), and records of the formulation data that support the 
calculations. When a batch of coating applied is identical to a previous 
batch applied, only one set of records is required to be kept.
    (g) The owner or operator of an affected source that is complying 
with Sec. 63.703(c)(1) through the use of a nonregenerative carbon 
adsorber and demonstrating initial compliance in accordance with 
Sec. 63.705(c)(6) shall maintain records to support the outlet VOC or 
HAP concentration value or the carbon replacement time established as 
the site-specific operating parameter to demonstrate compliance.
    (h) In accordance with Sec. 63.10(b)(1) of subpart A, the owner or 
operator of an affected source subject to the provisions of this subpart 
shall retain all records required by this subpart and subpart A for at 
least 5 years following their collection.



Sec. 63.707  Reporting requirements.

    (a) Except as stipulated in Sec. 63.703(b), (c)(5), and (h), the 
owner or operator of a magnetic tape manufacturing operation subject to 
this subpart shall fulfill all applicable reporting requirements in 
Sec. 63.7 through Sec. 63.10, as outlined in Table 1 to this subpart. 
These reports shall be submitted to the Administrator or delegated 
State.
    (b) The owner or operator of an existing magnetic tape manufacturing 
operation subject to Sec. 63.703(b) and (h) shall include the values of 
the limits on the amount of HAP utilized as determined in 
Sec. 63.703(b)(2), along with supporting calculations, in the initial 
notification report required by Sec. 63.9(b).
    (c) The owner or operator of a new magnetic tape manufacturing 
operation subject to Sec. 63.703(h) shall include the values of the 
limits on the amount of HAP utilized as determined in Sec. 63.703(b)(2), 
along with supporting calculations, and the amount of HAP expected to be 
utilized during the first consecutive 12-month period of operation in 
the initial notification report required by Sec. 63.9(b).
    (d) The owner or operator subject to Sec. 63.703(c) and following 
the compliance provisions of Sec. 63.705(c)(1) (material balance 
calculation) shall include with the notification of compliance status 
required by Sec. 63.9(h) the results of the initial material balance 
calculation.
    (e) The owner or operator subject to Sec. 63.703(c)(5) and following 
the compliance provisions of Sec. 63.705(c)(5) (low-HAP coating) shall 
include with the notification of compliance status required by 
Sec. 63.9(h) the results of the initial low-HAP coating demonstration.
    (f) The owner or operator subject to the provisions of 
Sec. 63.703(g) and demonstrating compliance in accordance with 
Sec. 63.705(h)(1) shall submit to the permitting authority with the 
notification of compliance status required by Sec. 63.9(h) the design 
specifications demonstrating that the control technique meets the 
required efficiency. For steam strippers, these specifications shall 
include at a minimum: feed rate, steam rate, number of theoretical 
trays, number of actual trays, feed composition, bottoms composition, 
overheads composition, and inlet feed temperature.
    (g) The owner or operator of an affected source that is complying 
with Sec. 63.703(c)(1) through the use of a nonregenerative carbon 
adsorber and demonstrating initial compliance in accordance with 
Sec. 63.705(c)(6) shall submit to the permitting authority with the 
notification of compliance status required by Sec. 63.9(h) the design 
evaluation.
    (h) The owner or operator of an affected source that is complying 
with Sec. 63.703(d) through the use of a baghouse or fabric filter and 
demonstrating initial compliance in accordance with Sec. 63.705(g)(2) 
shall submit to the permitting authority with the notification of 
compliance status required by Sec. 63.9(h) the engineering calculations 
that support the minimum ventilation rate needed to capture HAP 
particulates for delivery to the control device.
    (i) Excess emissions and continuous monitoring system performance 
report and summary reports shall be submitted as required by 
Sec. 63.10(e).
    (1) The owner or operator of an affected source subject to 
Sec. 63.704 shall include deviations of monitored values from the 
operating parameter values required by Sec. 63.704(c) in the reports. In

[[Page 942]]

the case of exceedances, the report must also contain a description and 
timing of the steps taken to address the cause of the exceedance.
    (2) The owner or operator of an affected source subject to 
Sec. 63.703(c)(5) shall report the HAP content of each batch of coating 
applied as the monitored operating parameter value in the reports.
    (3) The owner or operator of an affected source subject to 
Sec. 63.703(e)(1)(ii) and maintaining a minimum freeboard ratio of 75 
percent shall report violations of the standard (freeboard ratio is less 
than 75 percent) in the reports.
    (4) The owner or operator of an affected source subject to 
Sec. 63.704(c)(10) of this subpart shall include records of any time 
period and duration of time that flow was diverted from the control 
device, as well as the results of monthly inspections required by 
Sec. 63.704(c)(10)(ii), (iii), and (iv) in the reports.
    (5) The owner or operator of an affected source complying with 
Sec. 63.703(c) by performing a material balance calculation in 
accordance with Sec. 63.705(c)(1) shall report any exceedances of the 
standard, as demonstrated through the calculation, in the reports.
    (j) The owner or operator of a magnetic tape manufacturing operation 
subject to the provisions of Sec. 63.703(h) shall report the amount of 
HAP utilized in each 12-month period in an annual report to the 
Administrator according to the following schedule:
    (1) For existing sources, the first report shall cover the 12-month 
period prior to the source's compliance date and shall be submitted to 
the Administrator no later than 30 days after the compliance date; and
    (2) For new sources, the first report shall include the quantity of 
HAP that is expected to be utilized during the first 12 months of 
operation and shall be submitted to the Administrator no later than 30 
days after the compliance date;
    (3) Annual reports shall be submitted to the Administrator no later 
than 30 days after the last 12-month period included in the report; and
    (4) A report shall also be submitted no later than 30 days after 
monthly records required to be maintained by Sec. 63.706(e) indicate 
that any limit on the amount of HAP utilized has been exceeded. The 
report shall indicate the amount by which the limit has been exceeded.
    (k) The owner or operator establishing an alternate HAP outlet 
concentration limit in accordance with Secs. 63.703(i) and 
63.704(b)(11)(ii) shall:
    (1) To support the proposed limit, submit the following within 180 
days following completion of the performance test required by Sec. 63.7:
    (i) The performance test or CEM data collected to establish the 
limit;
    (ii) Records of when coating operations were down;
    (iii) The rationale for the alternate proposed limit; and
    (iv) A statement signed by a responsible official of the company 
that the control device was operated in accordance with good air 
pollution control practices and in the same manner it was operated to 
achieve compliance with the emission limitation for coating operations; 
and
    (2) In the excess emissions and continuous monitoring system 
performance report and summary report required by Sec. 63.10(e)(3), 
include parameter or CEM data to demonstrate compliance or noncompliance 
with the alternate outlet HAP concentration established in accordance 
with Secs. 63.703(i) and 63.704(b)(11)(ii) once the limit is approved.



Sec. 63.708  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(b) of the Clean Air Act, the authorities 
contained in paragraph (b) of this section shall be retained by the 
Administrator and not transferred to a State.
    (b) Authorities which will not be delegated to States: no 
restrictions.

[[Page 943]]



Table 1 to Subpart EE--Applicability of General Provisions to Subpart EE
------------------------------------------------------------------------
                              Applies to subpart                        
         Reference                    EE                  Comment       
------------------------------------------------------------------------
63.1(a)(1).................  Yes................  Additional terms      
                                                   defined in Sec.      
                                                   63.702(a); when      
                                                   overlap between      
                                                   subparts A and EE    
                                                   occurs, subpart EE   
                                                   takes precedence.    
63.1(a)(2)-(14)............  Yes.                                       
63.1(b)(1)-(3).............  Yes.                                       
63.1(c)(1).................  Yes................  Subpart EE specifies  
                                                   the applicability of 
                                                   each paragraph in    
                                                   subpart A to sources 
                                                   subject to subpart   
                                                   EE.                  
63.1(c)(2).................  No.................  The applicability of  
                                                   Secs.  63.701(a)(2)  
                                                   and 63.703 (b) and   
                                                   (h) to a source does 
                                                   not in and of itself 
                                                   make a source subject
                                                   to part 70.          
63.1(c)(4)-(5).............  Yes.                                       
63.1(e)....................  Yes.                                       
63.2.......................  Yes................  Additional terms      
                                                   defined in Sec.      
                                                   63.702(a); when      
                                                   overlap between      
                                                   subparts A and EE    
                                                   occurs, subpart EE   
                                                   takes precedence.    
63.3.......................  Yes................  Units specific to     
                                                   subpart EE are       
                                                   defined in subpart   
                                                   EE.                  
63.4(a)(1)-(3).............  Yes.                                       
63.4(a)(5).................  Yes.                                       
63.4(b)....................  Yes.                                       
63.4(c)....................  Yes.                                       
63.5(a)....................  Yes.                                       
63.5(b)(1).................  Yes.                                       
63.5(b)(3)-(6).............  Yes.                                       
63.5(d)....................  Yes.                                       
63.5(e)....................  Yes.                                       
63.5(f)....................  Yes.                                       
63.6(a)....................  Yes.                                       
63.6(b)(1)-(5).............  Yes.                                       
63.6(b)(7).................  Yes.                                       
63.6(c)(1)-(2).............  Yes.                                       
63.6(c)(5).................  Yes.                                       
63.6(e)(1)-(2).............  Yes.                                       
63.6(e)(3).................  Yes................  Owners or operators of
                                                   affected sources     
                                                   subject to subpart EE
                                                   do not need to       
                                                   address startups and 
                                                   shutdowns because the
                                                   emission limitations 
                                                   apply during these   
                                                   times.               
63.6(f)(1).................  No.................  Sec.  63.701(f) of    
                                                   subpart EE specifies 
                                                   when the standards   
                                                   apply.               
63.6(f)(2)(i)-(ii).........  Yes.                                       
63.6(f)(2)(iii)............  Yes................  Sec.  63.705(a)(3) of 
                                                   subpart EE includes  
                                                   additional           
                                                   circumstances under  
                                                   which previous       
                                                   capture device       
                                                   demonstrations are   
                                                   acceptable to show   
                                                   compliance.          
63.6(f)(2)(iv)-(v).........  Yes.                                       
63.6(f)(3).................  Yes.                                       
63.6(g)....................  Yes.                                       
63.6(h)(1).................  No.................  Sec.  63.701(f) of    
                                                   subpart EE specifies 
                                                   when the standards   
                                                   apply.               
63.6(h)(2)(i)..............  Yes.                                       
63.6(h)(2)(iii)............  Yes.                                       
63.6(h)(4).................  Yes................  This requirement      
                                                   applies only for the 
                                                   visible emission test
                                                   required under Sec.  
                                                   63.705(g)(2).        
63.6(h)(5)(i)-(iii)........  Yes.                                       
63.6(h)(5)(v)..............  No.                                        
63.6(h)(6).................  Yes.                                       
63.6(h)(7).................  No.                                        
63.6(h)(8).................  Yes.                                       
63.6(h)(9).................  No.                                        
63.6(i)(1)-(14)............  Yes................  Sec.  63.703(c)(4) of 
                                                   subpart EE shall not 
                                                   be considered        
                                                   emissions averaging  
                                                   for the purposes of  
                                                   Sec.  63.6(i)(4)(i)(B
                                                   ).                   
63.6(i)(16)................  Yes.                                       
63.6(j)....................  Yes.                                       
63.7(a)(1).................  Yes.                                       
63.7(a)(2)(i)-(vi).........  Yes.                                       
63.7(a)(2)(ix).............  Yes.                                       
63.7(a)(3).................  Yes.                                       
63.7(b)....................  Yes.                                       
63.7(c)....................  Yes.                                       
63.7(d)....................  Yes.                                       
63.7(e)....................  Yes................  Sec.  63.7(e)         
                                                   establishes the      
                                                   minimum performance  
                                                   test requirements.   
                                                   This section does not
                                                   preclude owners or   
                                                   operators from       
                                                   conducting multiple  
                                                   test runs under      
                                                   alternate operating  
                                                   conditions to        
                                                   establish an         
                                                   appropriate range of 
                                                   compliance operating 
                                                   parameter values in  
                                                   accordance with Sec. 
                                                   63.704(b)(11)(i) of  
                                                   subpart EE. Also as  
                                                   required in Sec.     
                                                   63.701(f) of subpart 
                                                   EE, the emissions    
                                                   standards apply      
                                                   during startup and   
                                                   shutdown.            
63.7(f)....................  Yes.                                       
63.7(g)(1).................  Yes.                                       
63.7(g)(3).................  Yes.                                       
63.7(h)....................  Yes.                                       
63.8(a)(1)-(2).............  Yes.                                       
63.8(a)(4).................  Yes.                                       

[[Page 944]]

                                                                        
63.8(b)(1).................  Yes.                                       
63.8(b)(2).................  No.................  Sec.  63.704 of       
                                                   subpart EE specifies 
                                                   monitoring locations;
                                                   when multiple        
                                                   emission points are  
                                                   tied to one central  
                                                   control device, the  
                                                   monitors are located 
                                                   at the central       
                                                   control device.      
63.8(b)(3).................  Yes.                                       
63.8(c)(1)-(3).............  Yes.                                       
63.8(c)(4).................  Yes................  Provisions related to 
                                                   COMS, however, do not
                                                   apply.               
63.8(c)(5).................  No.                                        
63.8(c)(6)-(8).............  Yes.                                       
63.8(d)....................  Yes.                                       
63.8(e)....................  Yes.                                       
63.8(f)(1)-(6).............  Yes.                                       
63.8(g)(1)-(5).............  Yes.                                       
63.9(a)....................  Yes.                                       
63.9(b)....................  Yes.                                       
63.9(c)....................  Yes.                                       
63.9(d)....................  Yes.                                       
63.9(e)....................  Yes.                                       
63.9(f)....................  Yes.                                       
63.9(g)(1).................  Yes.                                       
63.9(g)(2).................  No.                                        
63.9(g)(3).................  Yes.                                       
63.9(h)(1)-(3).............  Yes.                                       
63.9(h)(5)-(6).............  Yes.                                       
63.9(i)....................  Yes.                                       
63.9(j)....................  Yes.                                       
63.10(a)...................  Yes.                                       
63.10(b)(1)................  Yes.                                       
63.10(b)(2)................  Yes................  Except information on 
                                                   startup and shutdown 
                                                   periods is not       
                                                   necessary because the
                                                   standards apply      
                                                   during these time    
                                                   periods.             
63.10(b)(3)................  Yes.                                       
63.10(c)(1)................  Yes.                                       
63.10(c)(5)-(8)............  Yes................  Except information on 
                                                   startup and shutdown 
                                                   periods is not       
                                                   necessary because the
                                                   standards apply      
                                                   during these times.  
63.10(c)(10)-(15)..........  Yes................  Except information on 
                                                   startup and shutdown 
                                                   periods is not       
                                                   necessary because the
                                                   standards apply      
                                                   during these times.  
63.10(d)(1)-(2)............  Yes.                                       
63.10(d)(3)................  Yes................  This requirement      
                                                   applies only for the 
                                                   visible emissions    
                                                   test required under  
                                                   Sec.  63.705(g)(2).  
                                                   The results of       
                                                   visible emissions    
                                                   tests under Sec.     
                                                   63.704(e) shall be   
                                                   reported as required 
                                                   in Sec.  63.10(e)(3).
63.10(d)(4)................  Yes.                                       
63.10(d)(5)................  Yes................  Except information on 
                                                   startup and shutdown 
                                                   periods is not       
                                                   necessary because the
                                                   standards apply      
                                                   during these times.  
63.(10)(e)(1)..............  Yes.                                       
63.10(e)(2)(i).............  Yes.                                       
63.10(e)(2)(ii)............  No.                                        
63.10(e)(3)(i)-(v).........  Yes.                                       
63.10(e)(3)(vi)-(viii).....  Yes................  Except emissions/CMS  
                                                   performance during   
                                                   startup and shutdown 
                                                   do not need to be    
                                                   specified because the
                                                   standards apply      
                                                   during startup and   
                                                   shutdown.            
63.10(e)(4)................  No.                                        
63.10(f)...................  Yes.                                       
63.11-63.15................  Yes.                                       
------------------------------------------------------------------------



Subpart GG--National Emission Standards for Aerospace Manufacturing and 
                            Rework Facilities

    Source: 60 FR 45956, Sept. 1, 1996, unless otherwise noted.



Sec. 63.741   Applicability and designation of affected sources.

    (a) This subpart applies to facilities that are engaged, either in 
part or in whole, in the manufacture or rework of commercial, civil, or 
military aerospace vehicles or components and that are major sources as 
defined in Sec. 63.2.

[[Page 945]]

    (b) The owner or operator of an affected source shall comply with 
the requirements of this subpart and of subpart A of this part, except 
as specified in Sec. 63.743(a).
    (c) Affected sources. The affected sources to which the provisions 
of this subpart apply are specified in Sec. 63.741(c)(1) through (6). 
The activities subject to this subpart are limited to the manufacture or 
rework of aerospace vehicles or components as defined in this subpart, 
except for requirements pertaining to cleaning solvents. Paragraphs 
(c)(2) through (c)(6) of this section are not applicable to non-
aerospace activities.
    (1) Each cleaning operation as follows:
    (i) All hand-wipe cleaning operations constitute an affected source.
    (ii) Each spray gun cleaning operation constitutes an affected 
source.
    (iii) All flush cleaning operations constitute an affected source.
    (2) Each primer application operation, which is the total of all 
primer applications at the facility.
    (3) Each topcoat application operation, which is the total of all 
topcoat applications at the facility.
    (4) Each depainting operation, which is the total of all depainting 
at the facility.
    (5) Each chemical milling maskant application operation, which is 
the total of all chemical milling maskant applications at the facility.
    (6) Each waste storage and handling operation, which is the total of 
all waste handling and storage at the facility.
    (d) An owner or operator of an affected source subject to this 
subpart shall obtain an operating permit from the permitting authority 
in the State in which the source is located. The owner or operator shall 
apply for and obtain such permit in accordance with the regulations 
contained in part 70 of this chapter and in applicable State 
regulations.
    (e) All wastes that are determined to be hazardous wastes under the 
Resource Conservation and Recovery Act of 1976 (PL 94-580) (RCRA) as 
implemented by 40 CFR parts 260 and 261, and that are subject to RCRA 
requirements as implemented in 40 CFR parts 262 through 268, are exempt 
from the requirements of this subpart.
    (f) This subpart does not contain control requirements for use of 
specialty coatings, adhesives, adhesive bonding primers, or sealants at 
aerospace facilities. It also does not regulate research and 
development, quality control, and laboratory testing activities, 
chemical milling, metal finishing, electrodeposition (except for 
electrodeposition of paints), composites processing (except for cleaning 
and coating of composite parts or components that become part of an 
aerospace vehicle or component as well as composite tooling that comes 
in contact with such composite parts or components prior to cure), 
electronic parts and assemblies (except for cleaning and topcoating of 
completed assemblies), manufacture of aircraft transparencies, and 
wastewater operations at aerospace facilities. These requirements also 
do not apply to parts and assemblies not critical to the vehicle's 
structural integrity or flight performance or to vehicles that are 
designed to travel beyond the limit of the earth's atmosphere. The 
requirements of this subpart also do not apply to primers, topcoats, 
chemical milling maskants, strippers, and cleaning solvents containing 
HAP or VOC at a concentration less than 0.1% for carcinogens or 1.0% for 
noncarcinogens, as determined from manufacturer's representations. 
Additional specific exemptions from regulatory coverage are set forth in 
Sec. 63.741(e), .744(a)(1), (b), (e), .745(a), (f)(3), (g)(4), .746(a), 
(b)(5), .747(c)(3), and .749(d).
    (g) The requirements for primers, topcoats, and chemical milling 
maskants in Sec. 63.745 and Sec. 63.747 do not apply to the use of low-
volume coatings in these categories for which the annual total of each 
separate formulation used at a facility does not exceed 189 l (50 gal), 
and the combined annual total of all such primers, topcoats, and 
chemical milling maskants used at a facility does not exceed 757 l (200 
gal). Primers and topcoats exempted under paragraph (f) of this section 
and under Sec. 63.745(f)(3) and (g)(4) are not included in the 50 and 
200 gal limits. Chemical milling maskants exempted under

[[Page 946]]

Sec. 63.747(c)(3) are also not included in these limits.



Sec. 63.742  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Aerospace facility means any facility that produces, reworks, or 
repairs in any amount any commercial, civil, or military aerospace 
vehicle or component.
    Aerospace vehicle or component means any fabricated part, processed 
part, assembly of parts, or completed unit, with the exception of 
electronic components, of any aircraft including but not limited to 
airplanes, helicopters, missiles, rockets, and space vehicles.
    Aircraft fluid systems means those systems that handle hydraulic 
fluids, fuel, cooling fluids, or oils.
    Aircraft transparency means the aircraft windshield, which is 
typically constructed of laminated layers of glass and other transparent 
materials.
    Carbon adsorber means one vessel in a series of vessels in a carbon 
adsorption system that contains carbon and is used to remove gaseous 
pollutants from a gaseous emission source.
    Carbon Adsorber control efficiency means the total efficiency of the 
control system, determined by the product of the capture efficiency and 
the control device efficiency.
    Chemical milling maskant means a coating that is applied directly to 
aluminum components to protect surface areas when chemical milling the 
component with a Type II etchant. This does not include maskants used 
with Type I etchants, bonding maskants, line sealers, and critical use 
and seal coat maskants. Additionally, maskants that must be used on an 
individual part or subassembly with a combination of Type II etchants 
and any of the above types of maskants (e.g. Type I compatible, bonding, 
line sealers, and critical use and seal coat) are also exempt from this 
subpart.
    Chemical milling maskant application operation means application of 
chemical milling maskant for use in Type II chemical milling etchants.
    Cleaning operation means collectively spray gun, hand-wipe, and 
flush cleaning operations.
    Cleaning solvent means a liquid material used for hand-wipe, spray 
gun, or flush cleaning. This definition does not include solutions that 
contain no HAP or VOC.
    Coating means a material that is applied to the surface of an 
aerospace vehicle or component to form a decorative or functional solid 
film, or the solid film itself.
    Coating operation means the use of a spray booth, tank, or other 
enclosure or any area, such as a hangar, for the application of a single 
type of coating (e.g., primer); the use of the same spray booth for the 
application of another type of coating (e.g., topcoat) constitutes a 
separate coating operation for which compliance determinations are 
performed separately.
    Coating unit means a series of one or more coating applicators and 
any associated drying area and/or oven wherein a coating is applied, 
dried, and/or cured. A coating unit ends at the point where the coating 
is dried or cured, or prior to any subsequent application of a different 
coating. It is not necessary to have an oven or flashoff area in order 
to be included in this definition.
    Confined space means a space that: (1) Is large enough and so 
configured that an employee can bodily enter and perform assigned work; 
(2) has limited or restricted means for entry or exit (for example, fuel 
tanks, fuel vessels, and other spaces that have limited means of entry); 
and (3) is not suitable for continuous employee occupancy.
    Control device means destruction and/or recovery equipment used to 
destroy or recover HAP or VOC emissions generated by a regulated 
operation.
    Control system means a combination of pollutant capture system(s) 
and control device(s) used to reduce discharge to the atmosphere of HAP 
or VOC emissions generated by a regulated operation.
    Depainting means the removal of a permanent coating from the outer 
surface of an aerospace vehicle or component, whether by chemical or 
non-chemical means. For non-chemical means, this definition excludes 
hand and mechanical sanding, and any other non-chemical removal 
processes that do not involve blast media or other

[[Page 947]]

mechanisms that would result in airborne particle movement at high 
velocity.
    Depainting operation means the use of a chemical agent, media 
blasting, or any other technique to remove permanent coatings from the 
outer surface of an aerospace vehicle or components. The depainting 
operation includes washing of the aerospace vehicle or component to 
remove residual stripper, media, or coating residue.
    Electrodeposition of paint means the application of a coating using 
a water-based electrochemical bath process. The component being coated 
is immersed in a bath of the coating. An electric potential is applied 
between the component and an oppositely charged electrode hanging in the 
bath. The electric potential causes the ionized coating to be 
electrically attracted, migrated, and deposited on the component being 
coated.
    Electrostatic spray means a method of applying a spray coating in 
which an electrical charge is applied to the coating and the substrate 
is grounded. The coating is attracted to the substrate by the 
electrostatic potential between them.
    Exempt solvent means specified organic compounds that have been 
determined by the EPA to have negligible photochemical reactivity and 
are listed in 40 CFR 51.100.
    Flush cleaning means the removal of contaminants such as dirt, 
grease, oil, and coatings from an aerospace vehicle or component or 
coating equipment by passing solvent over, into, or through the item 
being cleaned. The solvent may simply be poured into the item being 
cleaned and then drained, or be assisted by air or hydraulic pressure, 
or by pumping. Hand-wipe cleaning operations where wiping, scrubbing, 
mopping, or other hand action are used are not included.
    Hand-wipe cleaning operation means the removal of contaminants such 
as dirt, grease, oil, and coatings from an aerospace vehicle or 
component by physically rubbing it with a material such as a rag, paper, 
or cotton swab that has been moistened with a cleaning solvent.
    Hazardous air pollutant (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    High efficiency particulate air (HEPA) filter means a filter that 
has a 99.97 percent reduction efficiency for 0.3 micron aerosol.
    High volume low pressure (HVLP) spray equipment means spray 
equipment that is used to apply coating by means of a spray gun that 
operates at 10.0 psig or less at the air cap and a fluid delivery 
pressure of 100 psig or less.
    Inorganic hazardous air pollutant (HAP) means any HAP that is not 
organic.
    Leak means any visible leakage, including misting and clouding.
    Limited access space means internal surfaces or passages of an 
aerospace vehicle or component that cannot be reached without the aid of 
an airbrush or a spray gun extension for the application of coatings.
    Mechanical sanding means aerospace vehicle or component surface 
conditioning which uses directional and random orbital abrasive tools 
and aluminum oxide or nylon abrasive pads for the purpose of corrosion 
rework, substrate repair, prepaint surface preparation, and other 
maintenance activities.
    Natural draft opening means any opening in a room, building, or 
total enclosure that remains open during operation of the facility and 
that is not connected to a duct in which a fan is installed. The rate 
and direction of the natural draft through such an opening is a 
consequence of the difference in pressures on either side of the wall 
containing the opening.
    Non-chemical based depainting equipment means any depainting 
equipment or technique, including, but not limited to, media blasting 
equipment, that can depaint an aerospace vehicle or component in the 
absence of a chemical stripper. This definition does not include 
mechanical sanding or hand sanding.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in 
which the spent carbon bed does not undergo carbon regeneration in the 
adsorption vessel.
    Operating parameter value means a minimum or maximum value 
established for a control device or process

[[Page 948]]

parameter which, if achieved by itself or in combination with one or 
more other operating parameter values, determines that an owner or 
operator has complied with an applicable emission limitation.
    Organic hazardous air pollutant (HAP) means any HAP that is organic.
    Primer means the first layer and any subsequent layers of 
identically formulated coating applied to the surface of an aerospace 
vehicle or component. Primers are typically used for corrosion 
prevention, protection from the environment, functional fluid 
resistance, and adhesion of subsequent coatings. Coatings that are 
defined as specialty coatings are not included under this definition.
    Radome means the non-metallic protective housing for electromagnetic 
transmitters and receivers (e.g., radar, electronic countermeasures, 
etc.).
    Research and Development means an operation whose primary purpose is 
for research and development of new processes and products, that is 
conducted under the close supervision of technically trained personnel, 
and is not involved in the manufacture of final or intermediate products 
for commerical purposes, except in a de mimnimis manner.
    Self-priming topcoat means a topcoat that is applied directly to an 
uncoated aerospace vehicle or component for purposes of corrosion 
prevention, environmental protection, and functional fluid resistance. 
More than one layer of identical coating formulation may be applied to 
the vehicle or component. The coating is not subsequently topcoated with 
any other product formulation.
    Semi-aqueous cleaning solvent means a solution in which water is a 
primary ingredient (" 60 percent of the solvent solution as applied must 
be water.)
    Softener means a liquid that is applied to an aerospace vehicle or 
component to degrade coatings such as primers and topcoats specifically 
as a preparatory step to subsequent depainting by non-chemical based 
depainting equipment. Softeners may contain VOC but shall not contain 
any HAP as determined from MSDS's or manufacturer supplied information.
    Solids means the non-volatile portion of the coating which after 
drying makes up the dry film.
    Space vehicle means a man-made device, either manned or unmanned, 
designed for operation beyond earth's atmosphere. This definition 
includes integral equipment such as models, mock-ups, prototypes, molds, 
jigs, tooling, hardware jackets, and test coupons. Also included is 
auxiliary equipment associated with test, transport, and storage, which 
through contamination can compromise the space vehicle performance.
    Specialty coating means a coating that, even though it meets the 
definition of a primer, topcoat, or self-priming topcoat, has additional 
performance criteria beyond those of primers, topcoats, and self-priming 
topcoats for specific applications. These performance criteria may 
include, but are not limited to, temperature or fire resistance, 
substrate compatibility, antireflection, temporary protection or 
marking, sealing, adhesively joining substrates, or enhanced corrosion 
protection.
    Spot stripping means the depainting of an area where it is not 
technically feasible to use a non-chemical depainting technique.
    Spray gun means a device that atomizes a coating or other material 
and projects the particulates or other material onto a substrate.
    Stripper means a liquid that is applied to an aerospace vehicle or 
component to remove permanent coatings such as primers and topcoats.
    Surface preparation means the removal of contaminants from the 
surface of an aerospace vehicle or component, or the activation or 
reactivation of the surface in preparation for the application of a 
coating.
    Temporary total enclosure means a total enclosure that is 
constructed for the sole purpose of measuring the emissions from an 
affected source that are not delivered to an emission control device. A 
temporary total enclosure must be constructed and ventilated (through 
stacks suitable for testing) so that it has minimal impact on the 
performance of the permanent emission capture system. A temporary total 
enclosure will be assumed to achieve

[[Page 949]]

total capture of fugitive emissions if it conforms to the requirements 
found in Sec. 63.750(g)(4) and if all natural draft openings are at 
least four duct or hood equivalent diameters away from each exhaust duct 
or hood. Alternatively, the owner or operator may apply to the 
Administrator for approval of a temporary enclosure on a case-by-case 
basis.
    Topcoat means a coating that is applied over a primer on an 
aerospace vehicle or component for appearance, identification, 
camouflage, or protection. Coatings that are defined as specialty 
coatings are not included under this definition.
    Total enclosure means a permanent structure that is constructed 
around a gaseous emission source so that all gaseous pollutants emitted 
from the source are collected and ducted through a control device, such 
that 100% capture efficiency is achieved. There are no fugitive 
emissions from a total enclosure. The only openings in a total enclosure 
are forced makeup air and exhaust ducts and any natural draft openings 
such as those that allow raw materials to enter and exit the enclosure 
for processing. All access doors or windows are closed during routine 
operation of the enclosed source. Brief, occasional openings of such 
doors or windows to accommodate process equipment adjustments are 
acceptable, but if such openings are routine or if an access door 
remains open during the entire operation, the access door must be 
considered a natural draft opening. The average inward face velocity 
across the natural draft openings of the enclosure must be calculated 
including the area of such access doors. The drying oven itself may be 
part of the total enclosure. An enclosure that meets the requirements 
found in Sec. 63.750(g)(4) is a permanent total enclosure.
    Touch-up and repair operation means that portion of the coating 
operation that is the incidental application of coating used to cover 
minor imperfections in the coating finish or to achieve complete 
coverage. This definition includes out-of-sequence or out-of-cycle 
coating.
    Two-stage filter system means a dry particulate filter system using 
two layers of filter media to remove particulate. The first stage is 
designed to remove the bulk of the particulate and a higher efficiency 
second stage is designed to remove smaller particulate.
    Type II etchant means a chemical milling etchant that is a strong 
sodium hydroxide solution containing amines (Type I etchants contain 
varying amounts of dissolved sulfur and do not contain amines).
    Volatile organic compound (VOC) means any compound defined as VOC in 
40 CFR 51.100. This includes any organic compound other than those 
determined by the EPA to be an exempt solvent. For purposes of 
determining compliance with emission limits, VOC will be measured by the 
approved test methods. Where such a method also inadvertently measures 
compounds that are exempt solvent, an owner or operator may exclude 
these exempt solvents when determining compliance with an emission 
standard.
    Waterwash system means a control system that utilizes flowing water 
to remove particulate emissions from the exhaust air stream in spray 
coating application or dry media blast depainting operations.
    Nomenclature for determining carbon adsorber efficiency--The 
nomenclature defined below is used in Sec. 63.750(g):
    (1) Ak = the area of each natural draft opening (k) in a total 
enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas stream 
(j) exiting the emission control device, in parts per million by volume.
    (3) Cbi = the concentration of HAP or VOC in each gas stream 
(i) entering the emission control device, in parts per million by 
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas stream 
(i) entering the emission control device from the affected source, in 
parts per million by volume.
    (5) Cfk = the concentration of HAP or VOC in each uncontrolled 
gas stream (k) emitted directly to the atmosphere from the affected 
source, in parts per million by volume.
    (6) Cgv = the concentration of HAP or VOC in each uncontrolled 
gas stream entering each individual carbon adsorber vessel (v), in parts 
per million

[[Page 950]]

by volume. For the purposes of calculating the efficiency of the 
individual carbon adsorber vessel, Cgv may be measured in the 
carbon adsorption system's common inlet duct prior to the branching of 
individual inlet ducts to the individual carbon adsorber vessels.
    (7) Chv = the concentration of HAP or VOC in the gas stream 
exiting each individual carbon adsorber vessel (v), in parts per million 
by volume.
    (8) E = the control device efficiency achieved for the duration of 
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC 
capture system achieved for the duration of the emission test (expressed 
as a fraction).
    (10) FV = the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (11) Hv = the individual carbon adsorber vessel (v) efficiency 
achieved for the duration of the emission test (expressed as a 
fraction).
    (12) Hsys = the efficiency of the carbon adsorption system 
calculated when each carbon adsorber vessel has an individual exhaust 
stack (expressed as a fraction).
    (13) Mci = the total mass in kilograms of each batch of coating 
(i) applied, or of each coating applied at an affected coating operation 
during a 7 to 30-day period, as appropriate, as determined from records 
at the affected source. This quantity shall be determined at a time and 
location in the process after all ingredients (including any dilution 
solvent) have been added to the coating, or if ingredients are added 
after the mass of the coating has been determined, appropriate 
adjustments shall be made to account for them.
    (14) Mr = the total mass in kilograms of HAP or VOC recovered 
for a 7 to 30-day period.
    (15) Qaj = the volumetric flow rate of each gas stream (j) 
exiting the emission control device in either dry standard cubic meters 
per hour when EPA Method 18 in appendix A of part 60 is used to measure 
HAP or VOC concentration or in standard cubic meters per hour (wet 
basis) when EPA Method 25A is used to measure HAP or VOC concentration.
    (16) Qbi = the volumetric flow rate of each gas stream (i) 
entering the emission control device, in dry standard cubic meters per 
hour when EPA Method 18 is used to measure HAP or VOC concentration or 
in standard cubic meters per hour (wet basis) when EPA Method 25A is 
used to measure HAP or VOC concentration.
    (17) Qdi = the volumetric flow rate of each gas stream (i) 
entering the emission control device from the affected source in either 
dry standard cubic meters per hour when EPA Method 18 is used to measure 
HAP or VOC concentration or in standard cubic meters per hour (wet 
basis) when EPA Method 25A is used to measure HAP or VOC concentration.
    (18) Qfk = the volumetric flow rate of each uncontrolled gas 
stream (k) emitted directly to the atmosphere from the affected source 
in either dry standard cubic meters per hour when EPA Method 18 is used 
to measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (19) Qgv = the volumetric flow rate of each gas stream entering 
each individual carbon adsorber vessel (v) in either dry standard cubic 
meters per hour when EPA Method 18 is used to measure HAP or VOC 
concentration or in standard cubic meters per hour (wet basis) when EPA 
Method 25A is used to measure HAP or VOC concentration. For purposes of 
calculating the efficiency of the individual carbon adsorber vessel, the 
value of Qgv can be assumed to equal the value of Qhv measured 
for that carbon adsorber vessel.
    (20) Qhv = the volumetric flow rate of each gas stream exiting 
each individual carbon adsorber vessel (v) in either dry standard cubic 
meters per hour when EPA Method 18 is used to measure HAP or VOC 
concentration or in standard cubic meters per hour (wet basis) when EPA 
Method 25A is used to measure HAP or VOC concentration.
    (21) Qini = the volumetric flow rate of each gas stream (i) 
entering the total enclosure through a forced makeup air duct in 
standard cubic meters per hour (wet basis).
    (22) Qoutj = the volumetric flow rate of each gas stream (j) 
exiting the total

[[Page 951]]

enclosure through an exhaust duct or hood in standard cubic meters per 
hour (wet basis).
    (23) R = the overall HAP or VOC emission reduction achieved for the 
duration of the emission test (expressed as a percentage).
    (24) RSi = the total mass in kilograms of HAP or VOC retained 
in the coating after drying.
    (25) Woi = the weight fraction of VOC in each batch of coating 
(i) applied, or of each coating applied at an affected coating operation 
during a 7- to 30-day period, as appropriate, as determined by EPA 
Method 24 or formulation data. This value shall be determined at a time 
and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the weight fraction of HAP or VOC in the coating has been 
determined, appropriate adjustments shall be made to account for them.



Sec. 63.743  Standards: General.

    (a) Except as provided in paragraphs (a)(4) through (a)(9) of this 
section and in Table 2 (included in Appendix B to this subpart), each 
owner or operator of an affected source subject to this subpart is also 
subject to the following sections of subpart A of this part:
    (1) Sec. 63.4, Prohibited activities and circumvention;
    (2) Sec. 63.5, Construction and reconstruction; and
    (3) Sec. 63.6, Compliance with standards and maintenance 
requirements.
    (4) For the purposes of this subpart, all affected sources shall 
submit any request for an extension of compliance not later than 120 
days before the affected source's compliance date. The extension request 
should be requested for the shortest time necessary to attain 
compliance, but in no case shall exceed 1 year.
    (5)(i) For the purposes of this subpart, the Administrator (or the 
State with an approved permit program) will notify the owner or operator 
in writing of his/her intention to deny approval of a request for an 
extension of compliance submitted under either Sec. 63.6(i)(4) or 
Sec. 63.6(i)(5) within 60 calendar days after receipt of sufficient 
information to evaluate the request.
    (ii) In addition, for purposes of this subpart, if the Administrator 
does not notify the owner or operator in writing of his/her intention to 
deny approval within 60 calendar days after receipt of sufficient 
information to evaluate a request for an extension of compliance, then 
the request shall be considered approved.
    (6)(i) For the purposes of this subpart, the Administrator (or the 
State) will notify the owner or operator in writing of the status of 
his/her application submitted under Sec. 63.6(i)(4)(ii) (that is, 
whether the application contains sufficient information to make a 
determination) within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that is submitted, rather than 15 calendar 
days as provided for in Sec. 63.6(i)(13)(i).
    (ii) In addition, for the purposes of this subpart, if the 
Administrator does not notify the owner or operator in writing of the 
status of his/her application within 30 calendar days after receipt of 
the original application and within 30 calendar days after receipt of 
any supplementary information that is submitted, then the information in 
the application or the supplementary information is to be considered 
sufficient upon which to make a determination.
    (7) For the purposes of this subpart, each owner or operator who has 
submitted an extension request application under Sec. 63.6(i)(5) is to 
be provided 30 calendar days to present additional information or 
arguments to the Administrator after he/she is notified that the 
application is not complete, rather than 15 calendar days as provided 
for in Sec. 63.6(i)(13)(ii).
    (8) For the purposes of this subpart, each owner or operator is to 
be provided 30 calendar days to present additional information to the 
Administrator after he/she is notified of the intended denial of a 
compliance extension request submitted under either Sec. 63.6(i)(4) or 
Sec. 63.6(i)(5), rather than 15 calendar days as provided for in 
Sec. 63.6(1)(12)(iii)(B) and Sec. 63.6(i)(13)(iii)(B).
    (9) For the purposes of this subpart, a final determination to deny 
any request for an extension submitted under either Sec. 63.6(i)(4) or 
Sec. 63.6(i)(5) will be

[[Page 952]]

made within 60 calendar days after presentation of additional 
information or argument (if the application is complete), or within 60 
calendar days after the final date specified for the presentation if no 
presentation is made, rather than 30 calendar days as provided for in 
Sec. 63.6(i)(12)(iv) and Sec. 63.6(i)(13)(iv).
    (b) Operation and maintenance plan. Each owner or operator that uses 
an air pollution control device or equipment to control HAP emissions 
shall prepare and operate in accordance with a startup, shutdown, and 
malfunction plan in accordance with Sec. 63.6. Dry particulate filter 
systems operated per the manufacturer's instructions are exempt from a 
startup and shutdown plan. A startup and shutdown plan shall be prepared 
for facilities using locally prepared operating procedures. In addition 
to the information required in Sec. 63.6, this plan shall also include 
the following provisions:
    (1) The plan shall specify the operation and maintenance criteria 
for each air pollution control device or equipment and shall include a 
standardized checklist to document the operation and maintenance of the 
equipment;
    (2) The plan shall include a systematic procedure for identifying 
malfunctions and for reporting them immediately to supervisory 
personnel; and
    (3) The plan shall specify procedures to be followed to ensure that 
equipment or process malfunctions due to poor maintenance or other 
preventable conditions do not occur.
    (c) An owner or operator who uses an air pollution control device or 
equipment not listed in this subpart shall submit a description of the 
device or equipment, test data verifying the performance of the device 
or equipment in controlling organic HAP and/or VOC emissions, as 
appropriate, specific operating parameters that will be monitored to 
establish compliance with the standards, and a copy of the operation and 
maintenance plan referenced in paragraph (b) of this section to the 
Administrator for approval.



Sec. 63.744  Standards: Cleaning operations.

    (a) Housekeeping measures. Each owner or operator of a new or 
existing cleaning operation subject to this subpart shall comply with 
the requirements in this paragraphs unless the solvent used is 
classified as a cleaning solvent that contains no organic HAP or VOC as 
identified in Table 3.

    Table 3.--Composition Requirements for Approved Cleaning Solvents   
------------------------------------------------------------------------
    Cleaning solvent type               Composition requirements        
------------------------------------------------------------------------
Aqueous......................  Cleaning solvents in which water is the  
                                primary ingredient (80       
                                percent of solvent solution as applied  
                                must be water). Detergents, surfactants,
                                and bioenzyme mixtures and nutrients may
                                be combined with the water along with a 
                                variety of additives such as organic    
                                solvents (e.g., high boiling point      
                                alcohols), builders, saponifiers,       
                                inhibitors, emulsifiers, pH buffers, and
                                antifoaming agents. Aqueous solutions   
                                must have a flash point greater than 93 
                                deg.C (200  deg.F) (as reported by the  
                                manufacturer) and the solution must be  
                                miscible with water.                    
Hydrocarbon-Based............  Cleaners that are composed of a mixture  
                                of photochemically reactive hydrocarbons
                                and oxygenated hydrocarbons and have a  
                                maximum vapor pressure of 7 mm Hg at 20 
                                deg.C (3.75 in. H2O at 68  deg.F). These
                                cleaners also contain no HAP or ozone   
                                depleting compounds.                    
------------------------------------------------------------------------

    (1) Place solvent-laden cloth, paper, or any other absorbent 
applicators used for cleaning aerospace vehicles or components in bags 
or other closed containers immediately after use. Ensure that these bags 
and containers are kept closed at all times except when depositing or 
removing these materials from the container. Use bags and containers of 
such design so as to contain the vapors of the cleaning solvent. Cotton-
tipped swabs used for very small cleaning operations are exempt from 
this requirement.
    (2) Store fresh and spent cleaning solvents used in aerospace 
cleaning operations in closed containers.
    (3) Conduct the handling and transfer of cleaning solvents to or 
from enclosed systems, vats, waste containers, and other cleaning 
operation equipment that hold or store fresh or spent

[[Page 953]]

cleaning solvents in such a manner that minimizes spills.
    (b) Hand-wipe cleaning. Each owner or operator of a new or existing 
hand-wipe cleaning operation (excluding cleaning of spray gun equipment 
performed in accordance with paragraph (c)(3) of this section) subject 
to this subpart shall use cleaning solvents that meet one of the 
requirements specified in paragraphs (b)(1), (b)(2), and (b)(3) of this 
section. Cleaning solvent solutions that contain no HAP or VOC are 
exempt from the requirements in paragraphs (b)(1), (b)(2), and (b)(3).
    (1) Meet one of the composition requirements in Table 3;
    (2) Have a composite vapor pressure of 45 mm Hg (24.1 in. H2O) 
or less at 20  deg.C (68  deg.F); or
    (3) Demonstrate that the volume of hand-wipe solvents used in 
cleaning operations has been reduced by at least 60% from a baseline 
adjusted for production. The baseline shall be established as part of an 
approved alternative plan administered by the State. The alternative 
plan shall be submitted by the State under section 112(l) of the Act and 
approved by the Administrator, and shall demonstrate that the 60% volume 
reduction in cleaning solvents provides equivalent reductions to the 
requirements in paragraph (b)(1) or (b)(2).
    (c) Spray gun cleaning. Each owner or operator of a new or existing 
spray gun cleaning operation subject to this subpart in which spray guns 
are used for the application of coatings or any other materials that 
require the spray guns to be cleaned shall use one or more of the 
techniques, or their equivalent, specified in paragraphs (c)(1) through 
(c)(4) of this section.
    (1)(i) Enclosed system. Clean the spray gun in an enclosed system 
that is closed at all times except when inserting or removing the spray 
gun. Cleaning shall consist of forcing solvent through the gun.
    (ii) If leaks are found during the monthly inspection required in 
Sec. 63.751(a), repairs shall be made as soon as practicable, but no 
later than 15 days after the leak was found. If the leak is not repaired 
by the 15th day after detection, the solvent shall be removed and the 
enclosed cleaner shall be shut down until the leak is repaired or its 
use is permanently discontinued.
    (2) Nonatomized cleaning. Clean the spray gun by placing solvent in 
the pressure pot and forcing it through the gun with the atomizing cap 
in place. No atomizing air is to be used. Direct the solvent from the 
spray gun into a vat, drum, or other waste container that is closed when 
not in use.
    (3) Disassembled spray gun cleaning. Disassemble the spray gun and 
clean the components by hand in a vat, which shall remain closed at all 
times except when in use. Alternatively, soak the components in a vat, 
which shall remain closed during the soaking period and when not 
inserting or removing components.
    (4) Atomizing cleaning. Clean the spray gun by forcing the solvent 
through the gun and direct the resulting atomized spray into a waste 
container that is fitted with a device designed to capture the atomized 
solvent emissions.
    (d) Flush cleaning. Each owner or operator of a flush cleaning 
operation subject to this subpart (excluding those in which Table 3 or 
semi-aqueous cleaning solvents are used) shall empty the used cleaning 
solvent each time an aerospace part or assembly, or a component of a 
coating unit (with the exception of spray guns) is flush cleaned into an 
enclosed container or collection system that is kept closed when not in 
use or into a system with equivalent emission control.
    (e) Exempt cleaning operations. The following cleaning operations 
are exempt from the requirements of paragraph (b) of this section:
    (1) Cleaning during the manufacture, assembly, installation, or 
testing of components of breathing oxygen systems that are exposed to 
the breathing oxygen;
    (2) Cleaning during the manufacture, assembly, installation, or 
testing of parts, subassemblies, or assemblies that are exposed to 
strong oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen, 
or hydrazine);
    (3) Cleaning and surface activation prior to adhesive bonding;
    (4) Cleaning of electronic parts and assemblies containing 
electronic parts;

[[Page 954]]

    (5) Cleaning of aircraft and ground support equipment fluid systems 
that are exposed to the fluid, including air-to-air heat exchangers and 
hydraulic fluid systems;
    (6) Cleaning of fuel cells, fuel tanks, and confined spaces;
    (7) Surface cleaning of solar cells, coated optics, and thermal 
control surfaces;
    (8) Cleaning during fabrication, assembly, installation, and 
maintenance of upholstery, curtains, carpet, and other textile materials 
used in the interior of the aircraft;
    (9) Cleaning of metallic and non-metallic materials used in 
honeycomb cores during the manufacture of these cores, and cleaning of 
the completed cores used in the manufacture of aerospace vehicles or 
components;
    (10) Cleaning of polycarbonate or glass substrates; and
    (11) Cleaning and solvent usage associated with research and 
development, quality control, and laboratory testing.
    (12) Cleaning operations, using nonflamable liquids, conducted 
within five feet of energized electrical systems. Energized electrical 
systems means any AC or DC electrical circuit on an assembled aircraft 
once electrical power is connected, including interior passenger and 
cargo areas, wheel wells and tail sections.



Sec. 63.745  Standards: Primer and topcoat application operations.

    (a) Each owner or operator of a new or existing primer or topcoat 
application operation subject to this subpart shall comply with the 
requirements specified in paragraph (c) of this section for those 
coatings that are uncontrolled (no control device is used to reduce 
organic HAP emissions from the operation), and in paragraph (d) of this 
section for those coatings that are controlled (organic HAP emissions 
from the operation are reduced by the use of a control device). 
Aerospace equipment that is no longer operational, intended for public 
display, and not easily capable of being moved is exempt from the 
requirements of this section.
    (b) Each owner or operator shall conduct the handling and transfer 
of primers and topcoats to or from containers, tanks, vats, vessels, and 
piping systems in such a manner that minimizes spills.
    (c) Uncontrolled coatings--organic HAP and VOC content levels. Each 
owner or operator shall comply with the organic HAP and VOC content 
limits specified in paragraphs (c)(1) through (c)(4) of this section for 
those coatings that are uncontrolled.
    (1) Organic HAP emissions from primers shall be limited to an 
organic HAP content level of no more than 350 g/l (2.9 lb/gal) of primer 
(less water) as applied.
    (2) VOC emissions from primers shall be limited to an VOC content 
level of no more than 350 g/l (2.9 lb/gal) of primer (less water and 
exempt solvents) as applied.
    (3) Organic HAP emissions from topcoats shall be limited to an 
organic HAP content level of no more than 420 g/l (3.5 lb/gal) of 
coating (less water) as applied. Organic HAP emissions from self-priming 
topcoats shall be limited to an organic HAP content level of no more 
than 420 g/l (3.5 lb/gal) of self-priming topcoat (less water) as 
applied.
    (4) VOC emissions from topcoats shall be limited to a VOC content 
level of no more than 420 g/l (3.5 lb/gal) of coating (less water and 
exempt solvents) as applied. VOC emissions from self-priming topcoats 
shall be limited to a VOC content level of no more than 420 g/l (3.5 lb/
gal) of self-priming topcoat (less water and exempt solvents) as 
applied.
    (d) Controlled coatings--control system requirements. Each control 
system shall reduce the operation's organic HAP and VOC emissions to the 
atmosphere by 81% or greater, taking into account capture and 
destruction or removal efficiencies, as determined using the procedures 
in Sec. 63.750(g) when a carbon adsorber is used and in Sec. 63.750(h) 
when a control device other than a carbon adsorber is used.
    (e) Compliance methods. Compliance with the organic HAP and VOC 
content limits specified in paragraphs (c)(1) through (c)(4) of this 
section shall be accomplished by using the methods specified in 
paragraphs (e)(1) and (e)(2) of this section either by themselves or in 
conjunction with one another.
    (1) Use primers and topcoats with HAP and VOC content levels equal 
to

[[Page 955]]

or less than the limits specified in paragraphs (c)(1) through (c)(4) of 
this section.
    (2)(i) Use any combination of primers or topcoats such that the 
monthly volume-weighted average organic HAP and VOC contents of the 
combination of primers or topcoats comply with the specified content 
limits, unless the permitting agency specifies a shorter averaging 
period as part of an ambient ozone control program.
    (ii) Averaging primers together with topcoats is prohibited under 
this subsection.
    (iii) Averaging is allowed only for uncontrolled primers or 
topcoats.
    (iv) Each averaging scheme shall be approved in advance by the 
permitting agency and be adopted as part of the facility's title V 
permit.
    (f) Application Equipment. Except as provided in paragraph (f)(3) of 
this section, each owner or operator of a new or existing primer or 
topcoat application operation subject to this subpart in which any of 
the coatings contain organic HAP or VOC shall comply with the 
requirements specified in paragraphs (f)(1) and (f)(2) of this section.
    (1) All primers and topcoats shall be applied using one or more of 
the application techniques specified in paragraphs (f)(1)(i) through 
(f)(1)(viii) of this section.
    (i) Flow/curtain coat application;
    (ii) Dip coat application;
    (iii) Roll coating;
    (iv) Brush coating;
    (v) Cotton-tipped swab application;
    (vi) Electrodeposition (dip) coating;
    (vii) High volume low pressure (HVLP) spraying;
    (viii) Electrostatic spray application; or
    (ix) Other coating application methods that achieve emission 
reductions equivalent to HVLP or electrostatic spray application 
methods, as determined according to the requirements in Sec. 63.750(i).
    (2) All application devices used to apply primers or topcoats shall 
be operated according to company procedures, local specified operating 
procedures, and/or the manufacturer's specifications, whichever is most 
stringent, at all times. Equipment modified by the facility shall 
maintain a transfer efficiency equivalent to HVLP and electrostatic 
spray application techniques.
    (3) The following situations are exempt from the requirements of 
paragraph (f)(1) of this section:
    (i) Any situation that normally requires the use of an airbrush or 
an extension on the spray gun to properly reach limited access spaces;
    (ii) The application of coatings that contain fillers that adversely 
affect atomization with HVLP spray guns and that the permitting agency 
has determined cannot be applied by any of the application methods 
specified in paragraph (f)(1) of this section;
    (iii) The application of coatings that normally have a dried film 
thickness of less than 0.0013 centimeter (0.0005 in.) and that the 
permitting agency has determined cannot be applied by any of the 
application methods specified in paragraph (f)(1) of this section;
    (iv) The use of airbrush application methods for stenciling, 
lettering, and other identification markings;
    (v) The use of hand-held spray can application methods; and
    (vi) Touch-up and repair operations.
    (g) Inorganic HAP emissions. Except as provided in paragraph (g)(4) 
of this section, each owner or operator of a new or existing primer or 
topcoat application operation subject to this subpart in which any of 
the coatings that are spray applied contain inorganic HAP, shall comply 
with the applicable requirements in paragraphs (g)(1) through (g)(3) of 
this section.
    (1) Apply these coatings in a booth or hangar in which air flow is 
directed downward onto or across the part or assembly being coated and 
exhausted through one or more outlets.
    (2) Control the air stream from this operation as follows:
    (i) For existing sources, pass the air stream through either a dry 
particulate filter system or a waterwash system before exhausting it to 
the atmosphere.
    (ii) Waterwash booths shall remain in operation during all coating 
application operations.
    (iii) Dry filter booths shall include two-stage filter systems or 
the equivalent, as determined by the permitting agency.

[[Page 956]]

    (iv) For new sources, pass the air stream through either a two-stage 
dry particulate filter system or a waterwash system before exhausting it 
to the atmosphere. If the primer or topcoat contains chromium or 
cadmium, control shall consist of either a three-stage filter system, 
HEPA filter system, or other equivalent control system as approved by 
the permitting agency.
    (v) If a dry particulate filter system is used, the following 
requirements shall be met:
    (A) Maintain the system in good working order;
    (B) Install a differential pressure gauge across the filter banks;
    (C) Continuously monitor the pressure drop across the filter; and
    (D) Take corrective action when the pressure drop exceeds or falls 
below the filter manufacturer's recommended limit(s).
    (vi) If a waterwash system is used, continuously monitor the water 
flow rate.
    (3) If the pressure drop across the dry particulate filter system, 
as recorded pursuant to Sec. 63.752(d)(1), is outside the limit(s) 
specified by the filter manufacturer or in locally prepared operating 
procedures, shut down the operation immediately and take corrective 
action. If the water path in the waterwash system fails the visual 
continuity/flow characteristics check, or the water flow rate recorded 
pursuant to Sec. 63.752(d)(2) exceeds the limit(s) specified by the 
booth manufacturer or in locally prepared operating procedures, or the 
booth manufacturer's or locally prepared maintenance procedures for the 
filter or waterwash system have not been performed as scheduled, shut 
down the operation immediately and take corrective action. The operation 
shall not be resumed until the pressure drop or water flow rate is 
returned within the specified limit(s).
    (4) The requirements of paragraphs (g)(1) through (g)(3) of this 
section do not apply to the following:
    (i) Touch-up of scratched surfaces or damaged paint;
    (ii) Hole daubing for fasteners;
    (iii) Touch-up of trimmed edges;
    (iv) Coating prior to joining dissimilar metal components;
    (v) Stencil operations performed by brush or air brush;
    (vi) Section joining;
    (vii) Touch-up of bushings and other similar parts;
    (viii) Sealant detackifying; and
    (ix) Painting parts in an area identified in a title V permit, where 
the permitting authority has determined that it is not technically 
feasible to paint the parts in a booth.



Sec. 63.746  Standards: Depainting operations.

    (a) Applicability. Each owner or operator of a new or existing 
depainting operation subject to this subpart shall comply with the 
requirements in paragraphs (a)(1) through (a)(3) of this section, and 
with the requirements specified in paragraph (b) where there are no 
controls for organic HAP, or paragraph (c) where organic HAP are 
controlled using a control system. This subpart does not apply to an 
aerospace manufacturing facility that depaints 6 or less completed 
aerospace vehicles in a calendar year.
    (1) The provisions of this section apply to the depainting of the 
outer surface areas of completed aerospace vehicles, including the 
fuselage, wings, and vertical and horizontal stabilizers of the 
aircraft, and the outer casing and stabilizers of missiles and rockets. 
These provisions do not apply to the depainting of parts or units 
normally removed from the aerospace vehicle for depainting. However, 
depainting of wings and stabilizers is always subject to the 
requirements of this section regardless of whether their removal is 
considered by the owner or operator to be normal practice for 
depainting.
    (2) Aerospace vehicles or components that are intended for public 
display, no longer operational, and not easily capable of being moved 
are exempt from the requirements of this section.
    (3) The following depainting operations are exempt from the 
requirements of this section:
    (i) Depainting of radomes; and
    (ii) Depainting of parts, subassemblies, and assemblies normally 
removed from the primary aircraft structure before depainting.
    (b)(1) HAP emissions--non-HAP chemical strippers and technologies. 
Except as

[[Page 957]]

provided in paragraph (b)(3) of this section, each owner or operator of 
a new or existing aerospace depainting operation subject to this subpart 
shall emit no organic HAP from chemical stripping formulations and 
agents or chemical paint softeners.
    (2) Where non-chemical based equipment is used to comply with 
paragraph (b)(1) of this section, either in total or in part, each owner 
or operator shall operate and maintain the equipment according to the 
manufacturer's specifications or locally prepared operating procedures. 
During periods of malfunctions of such equipment, each owner or operator 
may use substitute materials during the repair period provided the 
substitute materials used are those available that minimize organic HAP 
emissions. In no event shall substitute materials be used for more than 
15 days annually, unless such materials are organic HAP-free.
    (3) Each owner or operator of a new or existing depainting operation 
complying with paragraph (b)(1) shall not, on an annual average basis, 
use more than 26 gallons of organic HAP-containing chemical strippers 
per commercial aircraft depainted or more than 50 gallons of organic 
HAP-containing chemical strippers per military aircraft depainted for 
spot stripping and decal removal.
    (4) Each owner or operator of a new or existing depainting operation 
complying with paragraph (b)(2), that generates airborne inorganic HAP 
emissions from dry media blasting equipment, shall also comply with the 
requirements specified in paragraphs (b)(4)(i) through (b)(4)(v) of this 
section.
    (i) Perform the depainting operation in an enclosed area.
    (ii) Pass any air stream removed from the enclosed area through a 
dry particulate filter system, baghouse, or waterwash system before 
exhausting it to the atmosphere.
    (iii) If a dry particulate filter system is used, the following 
requirements shall be met:
    (A) Maintain the system in good working order;
    (B) Install a differential pressure gauge across the filter banks;
    (C) Continuously monitor the pressure drop across the filter; and
    (D) Take corrective action when the pressure drop exceeds or falls 
below the filter manufacturer's recommended limits.
    (iv) If a waterwash system is used, continuously monitor the water 
flow rate.
    (v) If the pressure drop, as recorded pursuant to Sec. 63.752(e)(7), 
is outside the limit(s) specified by the filter manufacturer or in 
locally prepared operating procedures, whichever is more stringent, shut 
down the operation immediately and take corrective action. If the water 
path in the waterwash system fails the visual continuity/flow 
characteristics check as recorded pursuant to Sec. 63.752(e)(7), or the 
water flow rate, as recorded pursuant to Sec. 63.752(d)(2), exceeds the 
limit(s) specified by the booth manufacturer or in locally prepared 
operating procedures, or the booth manufacturer's or locally prepared 
maintenance procedures for the filter or waterwash system have not been 
performed as scheduled, shut down the operation immediately and take 
corrective action. The operation shall not be resumed until the pressure 
drop or water flow rate is returned within the specified limit(s).
    (5) Mechanical and hand sanding operations are exempt from the 
requirements in paragraph (b)(4) of this section.
    (c) Organic HAP emissions--organic HAP-containing chemical 
strippers. Each owner or operator of a new or existing organic HAP-
containing chemical stripper depainting operation subject to this 
subpart shall comply with the requirements specified in this paragraph.
    (1) All organic HAP emissions from the operation shall be reduced by 
the use of a control system. Each control system that was installed 
before the effective date shall reduce the operations' organic HAP 
emissions to the atmosphere by 81% or greater, taking into account 
capture and destruction or removal efficiencies, as determined using the 
procedures in Sec. 63.750(g) when a carbon adsorber is used or 
Sec. 63.750(h) when a control device other than a carbon adsorber is 
used. Each control system installed on or after the effective

[[Page 958]]

date shall reduce organic HAP emissions to the atmosphere by 95% or 
greater. Reduction shall take into account capture and destruction or 
removal efficiencies, and the volume of chemical stripper used (e.g., 
the 95% efficiency may be achieved by controlling emissions at 81% 
efficiency with a control system and using 74% less stripper than in 
baseline applications). The baseline shall be calculated using data from 
1996 and 1997, which shall be on a usage per aircraft or usage per 
square foot of surface basis.
    (2) [Reserved]



Sec. 63.747  Standards: Chemical milling maskant application operations.

    (a) Each owner or operator of a new or existing chemical milling 
maskant operation subject to this subpart shall comply with the 
requirements specified in paragraph (c) of this section for those 
chemical milling maskants that are uncontrolled (no control device is 
used to reduce organic HAP emissions from the operation) and in 
paragraph (d) of this section for those chemical milling maskants that 
are controlled (organic HAP emissions from the operation are reduced by 
the use of a control device).
    (b) Each owner or operator shall conduct the handling and transfer 
of chemical milling maskants to or from containers, tanks, vats, 
vessels, and piping systems in such a manner that minimizes spills.
    (c) Uncontrolled maskants--organic HAP and VOC content levels. Each 
owner or operator shall comply with the organic HAP and VOC content 
limits specified in paragraphs (c)(1) and (c)(2) of this section for 
each chemical milling maskant that is uncontrolled.
    (1) Organic HAP emissions from chemical milling maskants shall be 
limited to an organic HAP content level of no more than 160 grams of 
organic HAP per liter (1.3 lb/gal) of chemical milling maskant (less 
water) as applied.
    (2) VOC emissions from chemical milling maskants shall be limited to 
a VOC content level of no more than 160 grams of VOC per liter (1.3 lb/
gal) of chemical milling maskant (less water and exempt solvents) as 
applied.
    (3) The requirements of paragraphs (c)(1) and (c)(2) of this section 
do not apply to the following:
    (i) Touch-up of scratched surfaces or damaged maskant; and
    (ii) Touch-up of trimmed edges.
    (d) Controlled maskants--control system requirements. Each control 
system shall reduce the operation's organic HAP and VOC emissions to the 
atmosphere by 81% or greater, taking into account capture and 
destruction or removal efficiencies, as determined using the procedures 
in Sec. 63.750(g) when a carbon adsorber is used and in Sec. 63.750(h) 
when a control device other than a carbon adsorber is used.
    (e) Compliance methods. Compliance with the organic HAP and VOC 
content limits specified in paragraphs (c)(1) and (c)(2) of this section 
may be accomplished by using the methods specified in paragraphs (e)(1) 
and (e)(2) of this section either by themselves or in conjunction with 
one another.
    (1) Use chemical milling maskants with HAP and VOC content levels 
equal to or less than the limits specified in paragraphs (c)(1) and 
(c)(2) of this section.
    (2)(i) Use any combination of chemical milling maskants such that 
the monthly volume-weighted average organic HAP and VOC contents of the 
maskants comply with the specified content limits, unless the permitting 
agency specifies a shorter averaging period as part of an ambient ozone 
control program.
    (ii) Averaging is allowed only for uncontrolled chemical milling 
maskants.
    (iii) Each averaging scheme shall be approved in advance by the 
permitting agency and be adopted as part of the facility's title V 
permit.



Sec. 63.748  Standards: Handling and storage of waste.

    Except as provided in Sec. 63.741(e), the owner or operator of each 
facility subject to this subpart that produces a waste that contains HAP 
shall conduct the handling and transfer of the waste to or from 
containers, tanks, vats, vessels, and piping systems in such a manner 
that minimizes spills.

[[Page 959]]



Sec. 63.749  Compliance dates and determinations.

    (a) Compliance dates. Each owner or operator of an existing source 
subject to this subpart shall comply with the requirements of this 
subpart within 3 years after the effective date. Owners or operators of 
new sources subject to this subpart shall comply on the effective date 
or upon startup, whichever is later. In addition, each owner or operator 
shall comply with the compliance dates specified in Sec. 63.6(b) and 
Sec. 63.6(c).
    (b) General. Each facility subject to this subpart shall be 
considered in noncompliance if the owner or operator fails to submit an 
operation and maintenance plan as required by Sec. 63.743(b) or uses a 
control device other than one specified in this subpart that has not 
been approved by the Administrator, as required by Sec. 63.743(c).
    (c) Cleaning operations. Each cleaning operation subject to this 
subpart shall be considered in noncompliance if the owner or operator 
fails to institute and carry out the housekeeping measures required 
under Sec. 63.744(a). Incidental emissions resulting from the activation 
of pressure release vents and valves on enclosed cleaning systems are 
exempt from this paragraph.
    (1) Hand-wipe cleaning. An affected hand-wipe cleaning operation 
shall be considered in compliance when all hand-wipe cleaning solvents, 
excluding those used for hand cleaning of spray gun equipment under 
Sec. 63.744(c)(3), meet either the composition requirements specified in 
Sec. 63.744(b)(1) or the vapor pressure requirement specified in 
Sec. 63.744(b)(2).
    (2) Spray gun cleaning. An affected spray gun cleaning operation 
shall be considered in compliance when each of the following conditions 
is met:
    (i) One of the four techniques specified in Sec. 63.744 (c)(1) 
through (c)(4) is used;
    (ii) The technique selected is operated according to the procedures 
specified in Sec. 63.744 (c)(1) through (c)(4) as appropriate; and
    (iii) If an enclosed system is used, monthly visual inspections are 
conducted and any leak detected is repaired within 15 days after 
detection. If the leak is not repaired by the 15th day after detection, 
the solvent shall be removed and the enclosed cleaner shall be shut down 
until the cleaner is repaired or its use is permanently discontinued.
    (3) Flush cleaning. An affected flush cleaning operation shall be 
considered in compliance if the operating requirements specified in 
Sec. 63.744(d) are implemented and carried out.
    (d) Organic HAP and VOC content levels--primer and topcoat 
application operations--(1) Performance test periods. For uncontrolled 
coatings that are not averaged, each 24 hours is considered a 
performance test. For compliant and non-compliant coatings that are 
averaged together, each 30-day period is considered a performance test, 
unless the permitting agency specifies a shorter averaging period as 
part of an ambient ozone control program. When using a control device 
other than a carbon adsorber, three 1-hour runs constitute the test 
period for the initial and any subsequent performance test. When using a 
carbon adsorber, each rolling material balance period is considered a 
performance test.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in paragraph Sec. 63.745, unless a waiver is obtained under either 
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test shall 
be conducted according to the procedures and test methods specified in 
Sec. 63.7 and Sec. 63.750(g) for carbon adsorbers and in Sec. 63.750(h) 
for control devices other than carbon adsorbers. For carbon adsorbers, 
the initial performance test shall be used to establish the appropriate 
rolling material balance period for determining compliance. The 
procedures in paragraphs (d)(2)(i) through (d)(2)(vi) of this section 
shall be used in determining initial compliance with the provisions of 
this subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels pursuant to Sec. 63.750(g) (2) or (4), the test shall 
consist of three separate runs,

[[Page 960]]

each coinciding with one or more complete sequences through the 
adsorption cycles of all of the individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) The primer application operation is considered in compliance 
when the conditions specified in paragraphs (d)(3)(i) through (d)(3)(iv) 
of this section, as applicable, and in paragraph (e) of this section are 
met. Failure to meet any one of the conditions identified in these 
paragraphs shall constitute noncompliance.
    (i) For all uncontrolled primers, all values of Hi and Ha 
(as determined using the procedures specified in Sec. 63.750 (c) and 
(d)) are less than or equal to 350 grams of organic HAP per liter (2.9 
lb/gal) of primer (less water) as applied, and all values of Gi and 
Ga (as determined using the procedures specified in Sec. 63.750 (e) 
and (f)) are less than or equal to 350 grams of organic VOC per liter 
(2.9 lb/gal) of primer (less water and exempt solvents) as applied.
    (ii) If a control device is used:
    (A) The overall control system efficiency, Ek, as determined 
using the procedures specified in Sec. 63.750(g) for control systems 
containing carbon adsorbers and in Sec. 63.750(h) for control systems 
with other control devices, is equal to or greater than 81% during the 
initial performance test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used, 
the average combustion temperature for all 3-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec. 63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion 
temperatures for all 3-hour periods are greater than or equal to the 
average combustion temperatures established under Sec. 63.751(b)(12).
    (iii)(A) Uses an application technique specified in Sec. 63.745 
(f)(1)(i) through (f)(1)(viii), or
    (B) Uses an alternative application technique, as allowed under 
Sec. 63.745(f)(1)(ix), such that the emissions of both organic HAP and 
VOC for the implementation period of the alternative application method 
are less than or equal to the emissions generated during the initial 30-
day period, the period of time required to apply primer to five 
completely assembled aircraft, or a time period approved by the 
permitting agency, using HVLP or electrostatic spray application methods 
as determined using the procedures specified in Sec. 63.750(i).
    (iv) Operates all application techniques in accordance with the 
manufacturer's specifications or locally prepared operating procedures, 
whichever is more stringent.
    (4) The topcoat application operation is considered in compliance 
when the conditions specified in paragraphs (e)(4)(i) through (e)(4)(iv) 
of this section, as applicable, and in paragraph (f) of this section are 
met. Failure to meet any of the conditions identified in these 
paragraphs shall constitute noncompliance.
    (i) For all uncontrolled topcoats, all values of Hi and 
Ha(as determined using the procedures specified in Sec. 63.750(c) 
and (d)) are less than or equal to 420 grams organic HAP per liter (3.5 
lb/gal) of topcoat (less water) as applied, and all values of Gi 
and Ga (as determined using the procedures specified in 
Sec. 63.750(e) and (f)) are less than or equal to 420 grams organic VOC 
per liter (3.5 lb/gal) of topcoat (less water and exempt solvents) as 
applied.
    (ii) If a control device is used,

[[Page 961]]

    (A) The overall control system efficiency, Ek, as determined 
using the procedures specified in Sec. 63.750(g) for control systems 
containing carbon adsorbers and in Sec. 63.750(h) for control systems 
with other control devices, is equal to or greater than 81% during the 
initial performance test and any subsequent performance test;
    (B) If an incinerator other than a catalytic incinerator is used, 
the average combustion temperature for all 3-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec. 63.751(b)(11); and
    (C) If a catalytic incinerator is used, the average combustion 
temperatures for all 3-hour periods are greater than or equal to the 
average combustion temperatures established under Sec. 63.751(b)(12).
    (iii)(A) Uses an application technique specified in 
Sec. 63.745(f)(1)(i) through (f)(1)(ix) or
    (B) Uses an alternative application technique as allowed under 
Sec. 63.745(f)(1)(ix) such that the emissions of both organic HAP and 
VOC for the implementation period of the alternative application method 
are less than or equal to the emissions generated during the initial 30-
day period, the period of time required to apply topcoat to five 
completely assembled aircraft, or a time period approved by the 
permitting agency, using HVLP or electrostatic spray application methods 
as determined using the procedures specified in Sec. 63.750(i).
    (iv) Operates all application techniques in accordance with the 
manufacturer's specifications or locally prepared operating procedures.
    (e) Inorganic HAP emissions--primer and topcoat application 
operations. For each primer or topcoat application operation that emits 
inorganic HAP, the operation is in compliance when:
    (1) It is operated according to the requirements specified in 
Sec. 63.745(g)(1) through (g)(3); and
    (2) It is shut down immediately whenever the pressure drop or water 
flow rate is outside the limit(s) established for them and is not 
restarted until the pressure drop or water flow rate is returned within 
these limit(s), as required under Sec. 63.745(g)(3).
    (f) Organic HAP emissions--Depainting operations--(1) Performance 
test periods. When using a control device other than a carbon adsorber, 
three 1-hour runs constitute the test period for the initial and any 
subsequent performance test. When a carbon adsorber is used, each 
rolling material balance period is considered a performance test. Each 
24-hour period is considered a performance test period for determining 
compliance with Sec. 63.746(b)(1). For uncontrolled organic emissions 
from depainting operations, each calendar year is considered a 
performance test period for determining compliance with the HAP limits 
for organic HAP-containing chemical strippers used for spot stripping 
and decal removal.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in Sec. 63.746(c), unless a waiver is obtained under either 
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test shall 
be conducted according to the procedures and test methods specified in 
Sec. 63.7 and Sec. 63.750(g) for carbon adsorbers and in Sec. 63.750(h) 
for control devices other than carbon adsorbers. For carbon adsorbers, 
the initial performance test shall be used to establish the appropriate 
rolling material balance period for determining compliance. The 
procedures in paragraphs (2)(i) through (2)(vi) of this section shall be 
used in determining initial compliance with the provisions of this 
subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels pursuant to Sec. 63.750(g)(2) or (4), the test shall 
consist of three separate runs, each coinciding with one or more 
complete sequences through the adsorption cycles of all of the 
individual carbon adsorber vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to

[[Page 962]]

Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be tested 
individually. The test for each carbon adsorber vessel shall consist of 
three separate runs. Each run shall coincide with one or more complete 
adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) An organic HAP-containing chemical stripper depainting operation 
is considered in compliance when the conditions specified in paragraph 
(g)(3)(i) of this section are met.
    (i) If a carbon adsorber (or other control device) is used, the 
overall control efficiency of the control system, as determined using 
the procedures specified in Sec. 63.750(g) (or other control device as 
determined using the procedures specified in Sec. 63.750(h)), is equal 
to or greater than 81% for control systems installed before the 
effective date, or equal to or greater than 95% for control systems 
installed on or after the effective date, during the initial performance 
test and all subsequent material balances (or performance tests, as 
appropriate).
    (ii) For non-HAP depainting operations complying with 
Sec. 63.746(b)(1);
    (A) For any spot stripping and decal removal, the value of C, as 
determined using the procedures specified in Sec. 63.750(j), is less 
than or equal to 26 gallons of organic HAP-containing chemical stripper 
per aircraft depainted for commercial aircraft and is less than or equal 
to 50 gallons of organic HAP-containing chemical stripper per aircraft 
depainted for military aircraft calculated on a yearly average; and
    (B) The requirements of Sec. 63.746(b)(2) are carried out during 
malfunctions of non-chemical based equipment.
    (g) Inorganic HAP emissions--depainting operations. Each depainting 
operation is in compliance when:
    (1) The operating requirements specified in Sec. 63.746(b)(4) are 
followed; and
    (2) It is shut down immediately whenever the pressure drop or water 
flow rate is outside the limit(s) established for them and is not 
restarted until the pressure drop or water flow rate is returned within 
these limit(s), as required under Sec. 63.746(b)(4)(v).
    (h) Chemical milling maskant application operations--(1) Performance 
test periods. For uncontrolled chemical milling maskants that are not 
averaged, each 24-hour period is considered a performance test. For 
compliant and noncompliant chemical milling maskants that are averaged 
together, each 30-day period is considered a performance test, unless 
the permitting agency specifies a shorter period as part of an ambient 
ozone control program. When using a control device other than a carbon 
adsorber, three 1-hour runs constitute the test period for the initial 
and any subsequent performance test. When a carbon adsorber is used, 
each rolling material balance period is considered a performance test.
    (2) Initial performance tests. If a control device is used, each 
owner or operator shall conduct an initial performance test to 
demonstrate compliance with the overall reduction efficiency specified 
in Sec. 63.747(d), unless a waiver is obtained under either 
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h). The initial performance test shall 
be conducted according to the procedures and test methods specified in 
Sec. 63.7 and Sec. 63.750(g) for carbon adsorbers and in Sec. 63.750(h) 
for control devices other than carbon adsorbers. For carbon adsorbers, 
the initial performance test shall be used to establish the appropriate 
rolling material balance period for determining compliance. The 
procedures in paragraphs (h)(2) (i) through (vi) of this section shall 
be used in determining initial compliance with the provisions of this 
subpart for carbon adsorbers.
    (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with a common exhaust stack for all the individual carbon 
adsorber vessels

[[Page 963]]

pursuant to Sec. 63.750(g) (2) or (4), the test shall consist of three 
separate runs, each coinciding with one or more complete sequences 
through the adsorption cycles of all of the individual carbon adsorber 
vessels.
    (B) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with individual exhaust stacks for each carbon adsorber vessel pursuant 
to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall be 
tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (v) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (3) The chemical milling maskant application operation is considered 
in compliance when the conditions specified in paragraphs (i)(3)(i) and 
(i)(3)(ii) of this section are met.
    (i) For all uncontrolled chemical milling maskants, all values of 
Hi and Ha (as determined using the procedures specified in 
Sec. 63.750 (k) and (l)) are less than or equal to 160 grams of organic 
HAP per liter (1.3 lb/gal) as applied (less water) and all values of 
Gi and Ga (as determined using the procedures specified in 
Sec. 63.750 (m) and (n)) are less than or equal to 160 grams of VOC per 
liter (1.3 lb/gal) of chemical milling maskant (less water and exempt 
solvents) as applied.
    (ii) If a carbon adsorber (or other control device) is used, the 
overall control efficiency of the control system, as determined using 
the procedures specified in Sec. 63.750(g) (or systems with other 
control devices as determined using the procedures specified in 
Sec. 63.750(h)), is equal to or greater than 81% during the initial 
performance test period and all subsequent material balances (or 
performance tests, as appropriate).
    (i) Handling and storage of waste. For those wastes subject to this 
subpart, failure to comply with the requirements specified in 
Sec. 63.748 shall be considered a violation.



Sec. 63.750  Test methods and procedures.

    (a) Composition determination. Compliance with the hand-wipe 
cleaning solvent approved composition list specified in 
Sec. 63.744(b)(1) for hand-wipe cleaning solvents shall be demonstrated 
using data supplied by the manufacturer of the cleaning solvent. The 
data shall identify all components of the cleaning solvent and shall 
demonstrate that one of the approved composition definitions is met.
    (b) Vapor pressure determination. The composite vapor pressure of 
hand-wipe cleaning solvents used in a cleaning operation subject to this 
subpart shall be determined as follows:
    (1) For single-component hand-wipe cleaning solvents, the vapor 
pressure shall be determined using MSDS or other manufacturer's data, 
standard engineering reference texts, or other equivalent methods.
    (2) The composite vapor pressure of a blended hand-wipe solvent 
shall be determined by quantifying the amount of each organic compound 
in the blend using manufacturer's supplied data or a gas chromatographic 
analysis in accordance with ASTM E 260-91 (incorporated by reference as 
specified in Sec. 63.14 of subpart A of this part) and by calculating 
the composite vapor pressure of the solvent by summing the partial 
pressures of each component. The vapor pressure of each component shall 
be determined using manufacturer's data, standard engineering reference 
texts, or other equivalent methods. The following equation shall be used 
to determine the composite vapor pressure:
[GRAPHIC] [TIFF OMITTED] TR01SE95.003

where:

Wi=Weight of the ``i''th VOC compound, grams.

[[Page 964]]

Ww=Weight of water, grams.
We=Weight of non-HAP, nonVOC compound, grams.
MWi=Molecular weight of the ``i''th VOC compound, g/g-mole.
MWw=Molecular weight of water, g/g-mole.
MWe=Molecular weight of exempt compound, g/g-mole.
PPc=VOC composite partial pressure at 20  deg.C, mm Hg.
VPi=Vapor pressure of the ``i''th VOC compound at 20  deg.C, mm Hg.
    (c) Organic HAP content level determination--compliant primers and 
topcoats. For those uncontrolled primers and topcoats complying with the 
primer and topcoat organic HAP content limits specified in 
Sec. 63.745(c) without being averaged, the following procedures shall be 
used to determine the mass of organic HAP emitted per volume of coating 
(less water) as applied.
    (1) For coatings that contain no exempt solvents, determine the 
total organic HAP content using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) For each coating formulation as applied, determine the organic 
HAP weight fraction, water weight fraction (if applicable), and density 
from manufacturer's data. If these values cannot be determined using the 
manufacturer's data, the owner or operator shall submit an alternative 
procedure for determining their values for approval by the 
Administrator. Recalculation is required only when a change occurs in 
the coating formulation.
    (3) For each coating as applied, calculate the mass of organic HAP 
emitted per volume of coating (lb/gal) less water as applied using 
equations 1, 2, and 3:
[GRAPHIC] [TIFF OMITTED] TR01SE95.004

where

Vwi=volume (gal) of water in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
Wwi=weight fraction (expressed as a decimal) of water in coating i.
Dw=density of water, 8.33 lb/gal.
[GRAPHIC] [TIFF OMITTED] TR01SE95.005

where

MHi=mass (lb) of organic HAP in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
WHi=weight fraction (expressed as a decimal) of organic HAP in 
coating i.
[GRAPHIC] [TIFF OMITTED] TR01SE95.006

where

Hi=mass of organic HAP emitted per volume of coating i (lb/gal) 
less water as applied.
MHi=mass (lb) of organic HAP in one gal of coating i.
Vwi=volume (gal) of water in one gal of coating i.
    (d) Organic HAP content level determination--averaged primers and 
topcoats. For those uncontrolled primers and topcoats that are averaged 
together in order to comply with the primer and topcoat organic HAP 
content limits specified in Sec. 63.745(c), the following procedure 
shall be used to determine the monthly volume-weighted average mass of 
organic HAP emitted per volume of coating (less water) as applied, 
unless the permitting agency specifies a shorter averaging period as 
part of an ambient ozone control program.
    (1)(i) Determine the total organic HAP weight fraction as applied of 
each coating. If any ingredients, including diluent solvent, are added 
to a coating prior to its application, the organic

[[Page 965]]

HAP weight fraction of the coating shall be determined at a time and 
location in the process after all ingredients have been added.
    (ii) Determine the total organic HAP weight fraction of each coating 
as applied each month.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the organic HAP content of the coating, the value previously determined 
may continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the organic HAP content of the coating, the total 
organic HAP weight fraction of the coating shall be redetermined.
    (iii) Manufacturer's formulation data may be used to determine the 
total organic HAP content of each coating and any ingredients added to 
the coating prior to its application. If the total organic HAP content 
cannot be determined using the manufacturer's data, the owner or 
operator shall submit an alternative procedure for determining the total 
organic HAP weight fraction for approval by the Administrator.
    (2)(i) Determine the volume both in total gallons as applied and in 
total gallons (less water) as applied of each coating. If any 
ingredients, including diluent solvents, are added prior to its 
application, the volume of each coating shall be determined at a time 
and location in the process after all ingredients (including any diluent 
solvent) have been added.
    (ii) Determine the volume of each coating (less water) as applied 
each month, unless the permitting agency specifies a shorter period as 
part of an ambient ozone control program.
    (iii) The volume applied may be determined from company records.
    (3)(i) Determine the density of each coating as applied. If any 
ingredients, including diluent solvent, are added to a coating prior to 
its application, the density of the coating shall be determined at a 
time and location in the process after all ingredients have been added.
    (ii) Determine the density of each coating as applied each month, 
unless the permitting agency specifies a shorter period as part of an 
ambient ozone control program.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the density of the coating, then the value previously determined may 
continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the density of the coating, then the density of 
the coating shall be redetermined.
    (iii) The density may be determined from company records, including 
manufacturer's data sheets. If the density of the coating cannot be 
determined using the company's records, including the manufacturer's 
data, then the owner or operator shall submit an alternative procedure 
for determining the density for approval by the Administrator.
    (4) Calculate the total volume in gallons as applied (less water) by 
summing the individual volumes of each coating (less water) as applied, 
which were determined under paragraph (d)(2) of this section.
    (5) Calculate the volume-weighted average mass of organic HAP in 
coatings emitted per unit volume (lb/gal) of coating (less water) as 
applied during each 30-day period using equation 4:
[GRAPHIC] [TIFF OMITTED] TR01SE95.007

where

Ha=volume-weighted average mass of organic HAP emitted per unit 
volume of coating (lb/gal) (less water) as applied during each 30-day 
period for those coatings being averaged.
n=number of coatings being averaged.

[[Page 966]]

WHi=weight fraction (expressed as a decimal) of organic HAP in 
coating i as applied that is being averaged during each 30-day period.
Dci=density (lb of coating per gal of coating) of coating i as 
applied that is being averaged during each 30-day period.
Vci=volume (gal) of coating i as applied that is being averaged 
during the 30-day period.
Clw=total volume (gal) of all coatings (less water) as applied that 
are being averaged during each 30-day period.

    (e) VOC content level determination--compliant primers and topcoats. 
For those uncontrolled primers and topcoats complying with the primer 
and topcoat VOC content levels specified in Sec. 63.745(c) without being 
averaged, the following procedure shall be used to determine the mass of 
VOC emitted per volume of coating (less water and exempt solvents) as 
applied.
    (1) Determine the VOC content of each formulation (less water and 
exempt solvents) as applied using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) For each coating applied, calculate the mass of VOC emitted per 
volume of coating (lb/gal) (less water and exempt solvents) as applied 
using equations 5, 6, and 7:
[GRAPHIC] [TIFF OMITTED] TR01SE95.008

where

Vwi=volume (gal) of water in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
Wwi=weight fraction (expressed as a decimal) of water in coating i.
Dw=density of water, 8.33 lb/gal.
[GRAPHIC] [TIFF OMITTED] TR01SE95.009

where

MVi=mass (lb) of VOC in one gal of coating i.
Dci=density (lb of coating per gal of coating) of coating i.
WVi=weight fraction (expressed as a decimal) of VOC in coating i.
[GRAPHIC] [TIFF OMITTED] TR01SE95.010

where

Gi=mass of VOC emitted per volume of coating i (lb/gal) (less water 
and exempt solvents) as applied.
MVi=mass (lb) of VOC in one gal of coating i.
Vwi=volume (gal) of water in one gal of coating i.
VXi=volume (gal) of exempt solvents in one gal of coating i.

    (3)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, compliance shall be based, except as 
provided in paragraph (e)(3)(ii) of this section, upon the VOC content 
obtained using EPA Method 24.
    (ii) If the VOC content of a coating obtained using Method 24 would 
indicate noncompliance as determined under either Sec. 63.749 (d)(3)(i) 
or (d)(4)(i), an owner or operator may elect to average the coating with 
other uncontrolled coatings and (re)calculate Gi (using the 
procedure specified in paragraph (f) of this section), provided 
appropriate and sufficient records were maintained for all coatings 
included in the average (re)calculation. The (re)calculated value of 
Gi (Ga in paragraph (f)) for the averaged coatings shall then 
be used to determine compliance.
    (f) VOC content level determination--averaged primers and topcoats. 
For those uncontrolled primers and topcoats that

[[Page 967]]

are averaged within their respective coating category in order to comply 
with the primer and topcoat VOC content limits specified in Sec. 63.745 
(c)(2) and (c)(4), the following procedure shall be used to determine 
the monthly volume-weighted average mass of VOC emitted per volume of 
coating (less water and exempt solvents) as applied, unless the 
permitting agency specifies a shorter averaging period as part of an 
ambient ozone control program.
    (1)(i) Determine the VOC content (lb/gal) as applied of each 
coating. If any ingredients, including diluent solvent, are added to a 
coating prior to its application, the VOC content of the coating shall 
be determined at a time and location in the process after all 
ingredients have been added.
    (ii) Determine the VOC content of each coating as applied each 
month, unless the permitting agency specifies a shorter period as part 
of an ambient ozone control program.
    (A) If no changes have been made to a coating, either as supplied or 
as applied, or if a change has been made that has a minimal effect on 
the VOC content of the coating, the value previously determined may 
continue to be used until a change in formulation has been made by 
either the manufacturer or the user.
    (B) If a change in formulation or a change in the ingredients added 
to the coating takes place, including the ratio of coating to diluent 
solvent, prior to its application, either of which results in a more 
than minimal effect on the VOC content of the coating, the VOC content 
of the coating shall be redetermined.
    (iii) Determine the VOC content of each primer and topcoat 
formulation (less water and exempt solvents) as applied using EPA Method 
24 or from manufacturer's data.
    (2)(i) Determine the volume both in total gallons as applied and in 
total gallons (less water and exempt solvents) as applied of each 
coating. If any ingredients, including diluent solvents, are added prior 
to its application, the volume of each coating shall be determined at a 
time and location in the process after all ingredients (including any 
diluent solvent) have been added.
    (ii) Determine the volume of each coating (less water and exempt 
solvents) as applied each day.
    (iii) The volume applied may be determined from company records.
    (3) Calculate the total volume in gallons (less water and exempt 
solvents) as applied by summing the individual volumes of each coating 
(less water and exempt solvents) as applied, which were determined under 
paragraph (f)(2) of this section.
    (4) Calculate the volume-weighted average mass of VOC emitted per 
unit volume (lb/gal) of coating (less water and exempt solvents) as 
applied for each coating category during each 30-day period using 
equation 8:
[GRAPHIC] [TIFF OMITTED] TR01SE95.011

where

Ga=volume weighted average mass of VOC per unit volume of coating 
(lb/gal) (less water and exempt solvents) as applied during each 30-day 
period for those coatings being averaged.
n=number of coatings being averaged.
(VOC)ci=VOC content (lb/gal) of coating i (less water and exempt 
solvents) as applied (as determined using the procedures specified in 
paragraph (f)(1) of this section) that is being averaged during the 30-
day period.
Vci=volume (gal) of coating i (less water and exempt solvents) as 
applied that is being averaged during the 30-day period.
Clwes=total volume (gal) of all coatings (less water and exempt 
solvents) as applied during each 30-day period for those coatings being 
averaged.

    (5)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, recalculation of Ga is required 
using the new value. If more than one coating is involved, the 
recalculation shall be made once using all of the new values.
    (ii) If recalculation is required, an owner or operator may elect to 
include in the recalculation of Ga uncontrolled

[[Page 968]]

coatings that were not previously included provided appropriate and 
sufficient records were maintained for these other coatings to allow 
daily recalculations.
    (iii) The recalculated value of Ga under either paragraph 
(f)(5)(i) or (f)(5)(ii) of this section shall be used to determine 
compliance.
    (g) Overall VOC and/or organic HAP control efficiency--carbon 
adsorber. Each owner or operator subject to the requirements of 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) shall demonstrate 
initial compliance with the requirements of this subpart by following 
the procedures of paragraph (g)(1), (2), (3), (4), or (5) as applicable 
and paragraphs (6), (7), and (8) of this section. When an initial 
compliance demonstration is required by this subpart, the procedures in 
paragraphs (g)(9) through (g)(14) of this section shall be used in 
determining initial compliance with the provisions of this subpart.
    (1) To demonstrate initial and continuous compliance with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) when emissions are 
controlled by a dedicated solvent recovery device, each owner or 
operator of the affected operation may perform a liquid-liquid HAP or 
VOC material balance over rolling 7- to 30-day periods in lieu of 
demonstrating compliance through the methods in paragraph (g)(2), 
(g)(3), or (g)(4) of this section. Results of the material balance 
calculations performed to demonstrate initial compliance shall be 
submitted to the Administrator with the notification of compliance 
status required by Sec. 63.9(h) and by Sec. 63.753 (c)(1)(iv), 
(d)(3)(i), and (e)(3). When demonstrating compliance by this procedure, 
Sec. 63.7(e)(3) of subpart A does not apply. The amount of liquid HAP or 
VOC applied and recovered shall be determined as discussed in paragraph 
(g)(1)(iii) of this section. The overall HAP or VOC emission reduction 
(R) is calculated using equation 9:
[GRAPHIC] [TIFF OMITTED] TR01SE95.012

    (i) The value of RSi is zero unless the owner or operator 
submits the following information to the Administrator for approval of a 
measured RSi value that is greater than zero:
    (A) Measurement techniques; and
    (B) Documentation that the measured value of RSi exceeds zero.
    (ii) The measurement techniques of paragraph (g)(1)(i)(A) of this 
section shall be submitted to the Administrator for approval with the 
notification of performance test required under Sec. 63.7(b).
    (iii) Each owner or operator demonstrating compliance by the test 
method described in paragraph (g)(1) of this section shall:
    (A) Measure the amount of coating or stripper as applied;
    (B) Determine the VOC or HAP content of all coating and stripper 
applied using the test method specified in Sec. 63.750(c) (1) through 
(3) or (e) (1) and (2) of this section;
    (C) Install, calibrate, maintain, and operate, according to the 
manufacturer's specifications, a device that indicates the amount of HAP 
or VOC recovered by the solvent recovery device over rolling 7- to 30-
day periods; the device shall be certified by the manufacturer to be 
accurate to within 2.0 percent, and this certification shall 
be kept on record;
    (D) Measure the amount of HAP or VOC recovered; and
    (E) Calculate the overall HAP or VOC emission reduction (R) for 
rolling 7- to 30-day periods using equation 9.
    (F) Compliance is demonstrated if the value of R is equal to or 
greater than the overall HAP control efficiencies required by 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (2) To demonstrate initial compliance with Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d) when affected HAP emission points are 
controlled by an emission control device other than a fixed-bed carbon 
adsorption system with individual exhaust stacks for each carbon 
adsorber vessel, each owner or operator of an affected source shall 
perform a gaseous emission test using the following procedures.
    (i) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP or VOC emissions can be accurately 
determined by the applicable test methods

[[Page 969]]

and procedures specified in Sec. 63.750(g) (9) through (14).
    (ii) Determine capture efficiency from the HAP emission points by 
capturing, venting, and measuring all HAP emissions from the HAP 
emission points. During a performance test, the owner or operator of 
affected HAP emission points located in an area with other gaseous 
emission sources not affected by this subpart shall isolate the affected 
HAP emission points from all other gaseous emission points by one of the 
following methods:
    (A) Build a temporary total enclosure around the affected HAP 
emission point(s); or
    (B) Shut down all gaseous emission points not affected by this 
subpart and continue to exhaust fugitive emissions from the affected HAP 
emission points through any building ventilation system and other room 
exhausts such as drying ovens. All ventilation air must be vented 
through stacks suitable for testing.
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating.
    (iv) Determine the efficiency (E) of the control device using 
equation 10:
    (v) Determine the efficiency (F) of the capture system using 
equation 11:
[GRAPHIC] [TIFF OMITTED] TR01SE95.013

    (vi) For each HAP emission point subject to Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d), compliance is demonstrated if the 
product of (E)  x  (F) is equal to or greater than the overall HAP 
control efficiencies required under Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d).
    (3) To demonstrate compliance with Sec. 63.745(d), Sec. 63.746(c), 
or Sec. 63.747(d) when affected HAP emission points are controlled by a 
fixed-bed carbon adsorption system with individual exhaust stacks for 
each carbon adsorber vessel, each owner or operator of an affected 
source shall perform a gaseous emission test using the following 
procedures:
    (i) Construct the overall HAP emission reduction system so that each 
volumetric flow rate and the total HAP emissions can be accurately 
determined by the applicable test methods and procedures specified in 
Sec. 63.750(g) (9) through (14);
    (ii) Assure that all HAP emissions from the affected HAP emission 
point(s) are segregated from gaseous emission points not affected by 
this subpart and that the emissions can be captured for measurement, as 
described in Sec. 63.705(g)(2)(ii) (A) and (B);
    (iii) Operate the emission control device with all affected HAP 
emission points connected and operating;
    (iv) Determine the efficiency (Hv) of each individual carbon 
adsorber vessel (v) using equation 12:
[GRAPHIC] [TIFF OMITTED] TR01SE95.014

    (v) Determine the efficiency of the carbon adsorption system 
(Hsys) by computing the average efficiency of the individual carbon 
adsorber vessels as weighted by the volumetric flow rate (Qhv) of 
each individual carbon adsorber vessel (v) using equation 13:
[GRAPHIC] [TIFF OMITTED] TR01SE95.015

    (vi) Determine the efficiency (F) of the capture system using 
equation 11.
    (vii) For each HAP emission point subject to Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d), compliance is demonstrated if the 
product of (Hsys)  x  (F) is equal to or greater than the overall 
HAP control efficiency required by Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d).

[[Page 970]]

    (4) An alternative method of demonstrating compliance with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) is the installation of 
a total enclosure around the affected HAP emission point(s) and the 
ventilation of all HAP emissions from the total enclosure to a control 
device with the efficiency specified in paragraph (g)(4)(iii) of this 
section. If this method is selected, the compliance test methods 
described in paragraphs (g)(1), (g)(2), and (g)(3) of this section are 
not required. Instead, each owner or operator of an affected source 
shall:
    (i) Demonstrate that a total enclosure is installed. An enclosure 
that meets the requirements in paragraphs (g)(4)(i) (A) through (D) of 
this section shall be considered a total enclosure. The owner or 
operator of an enclosure that does not meet these requirements may apply 
to the Administrator for approval of the enclosure as a total enclosure 
on a case-by-case basis. The enclosure shall be considered a total 
enclosure if it is demonstrated to the satisfaction of the Administrator 
that all HAP emissions from the affected HAP emission point(s) are 
contained and vented to the control device. The requirements for 
automatic approval are as follows:
    (A) The total area of all natural draft openings shall not exceed 5% 
of the total surface area of the total enclosure's walls, floor, and 
ceiling;
    (B) All sources of emissions within the enclosure shall be a minimum 
of four equivalent diameters away from each natural draft opening;
    (C) The average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (1) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods and procedures specified in 
Sec. 63.750(g) (10) and (11); volumetric flow rates shall be calculated 
without the adjustment normally made for moisture content; and
    (2) Determine FV by equation 14:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.016
    
    (D) The air passing through all natural draft openings shall flow 
into the enclosure continuously. If FV is less than or equal to 9,000 
meters per hour, the continuous inward flow of air shall be verified by 
continuous observation using smoke tubes, streamers, tracer gases, or 
other means approved by the Administrator over the period that the 
volumetric flow rate tests required to determine FV are carried out. If 
FV is greater than 9,000 meters per hour, the direction of airflow 
through the natural draft openings shall be presumed to be inward at all 
times without verification.
    (ii) Determine the control device efficiency using equation 10 or 
equations 12 and 13, as applicable, and the test methods and procedures 
specified in Sec. 63.750(g) (9) through (14).
    (iii) Compliance shall be achieved if the installation of a total 
enclosure is demonstrated and the value of E determined from equation 10 
(or the value of Hsys determined from equations 12 and 13, as 
applicable) is equal to or greater than the overall HAP control 
efficiencies required under Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d).
    (5) When nonregenerative carbon adsorbers are used to comply with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), the owner or operator 
may conduct a design evaluation to demonstrate initial compliance in 
lieu of following the compliance test procedures of paragraphs (g)(1), 
(2), (3), and (4) of this section. The design evaluation shall consider 
the vent stream composition, component concentrations, flow rate, 
relative humidity, and temperature, and shall establish the design 
exhaust vent stream organic compound concentration level, capacity of 
the carbon bed, type and working capacity of activated carbon used for 
the carbon bed, and design carbon replacement interval

[[Page 971]]

based on the total carbon working capacity of the control device and the 
emission point operating schedule.
    (6)(i) To demonstrate initial compliance with Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d) when hard piping or ductwork is used 
to direct VOC and HAP emissions from a VOC and HAP source to the control 
device, each owner or operator shall demonstrate upon inspection that 
the criteria of paragraph (g)(6)(i)(A) and paragraph (g)(6)(i) (B) or 
(C) of this section VR/FD are met.
    (A) The equipment shall be vented to a control device.
    (B) The control device efficiency (E or Hsys, as applicable) 
determined using equation 10 or equations 12 and 13, respectively, and 
the test methods and procedures specified in Sec. 63.750(g) (9) through 
(14), shall be equal to or greater than the overall HAP control 
efficiency required by Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d).
    (C) When a nonregenerative carbon adsorber is used, the ductwork 
from the affected emission point(s) shall be vented to the control 
device and the carbon adsorber shall be demonstrated, through the 
procedures of Sec. 63.750(g) (1), (2), (3), (4), or (5), to meet the 
requirements of Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (7) Startups and shutdowns are normal operation for this source 
category. Emissions from these activities are to be included when 
determining if the standards specified in Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d) are being attained.
    (8) An owner or operator who uses compliance techniques other than 
those specified in this subpart shall submit a description of those 
compliance procedures, subject to the Administrator's approval, in 
accordance with Sec. 63.7(f) of subpart A.
    (9) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, 
as appropriate to the conditions at the site, shall be used to determine 
VOC and HAP concentration of air exhaust streams as required by 
Sec. 63.750(g) (1) through (6). The owner or operator shall submit 
notice of the intended test method to the Administrator for approval 
along with the notification of the performance test required under 
Sec. 63.7(b). Method selection shall be based on consideration of the 
diversity of organic species present and their total concentration and 
on consideration of the potential presence of interfering gases. Except 
as indicated in paragraphs (g)(9) (i) and (ii) of this section, the test 
shall consist of three separate runs, each lasting a minimum of 30 
minutes.
    (i) When either EPA Method 18 or EPA Method 25A is to be used in the 
determination of the efficiency of a fixed-bed carbon adsorption system 
with a common exhaust stack for all the individual carbon adsorber 
vessels pursuant to Sec. 63.750(g) (2) or (3), the test shall consist of 
three separate runs, each coinciding with one or more complete sequences 
through the adsorption cycles of all of the individual carbon adsorber 
vessels.
    (ii) When either EPA Method 18 or EPA Method 25A is to be used in 
the determination of the efficiency of a fixed-bed carbon adsorption 
system with individual exhaust stacks for each carbon adsorber vessel 
pursuant to Sec. 63.750(g) (3) or (4), each carbon adsorber vessel shall 
be tested individually. The test for each carbon adsorber vessel shall 
consist of three separate runs. Each run shall coincide with one or more 
complete adsorption cycles.
    (10) EPA Method 1 or 1A of appendix A of part 60 is used for sample 
and velocity traverses.
    (11) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used 
for velocity and volumetric flow rates.
    (12) EPA Method 3 of appendix A of part 60 is used for gas analysis.
    (13) EPA Method 4 of appendix A of part 60 is used for stack gas 
moisture.
    (14) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (h) Overall VOC and/or organic HAP control efficiency--control 
devices other than carbon adsorbers. Calculate the overall control 
efficiency of a control system with a control device other than a carbon 
adsorber using the following procedure.
    (1) Calculate the overall control efficiency using equation 15:
    [GRAPHIC] [TIFF OMITTED] TR01SE95.017
    
where


[[Page 972]]


Ek=overall VOC and/or organic HAP control efficiency (expressed as 
a decimal) of control system k.
Rk=destruction or removal efficiency (expressed as a decimal) of 
total organic compounds or total organic HAP for control device k as 
determined under paragraph (h)(2) of this section.
Fk=capture efficiency (expressed as a decimal) of capture system k 
as determined under paragraph (h)(3) of this section.

    (2) The organic HAP destruction or removal efficiency Rk of a 
control device other than a carbon adsorber shall be determined using 
the procedures described below. The destruction efficiency may be 
measured as either total organic HAP or as TOC minus methane and ethane 
according to these procedures.
    (i) Use Method 1 or 1A of 40 CFR part 60, appendix A, as 
appropriate, to select the sampling sites.
    (ii) Determine the gas volumetric flow rate using Method 2, 2A, 2C, 
or 2D of 40 CFR part 60, appendix A, as appropriate.
    (iii) Use Method 18 of 40 CFR part 60, appendix A, to measure either 
TOC minus methane and ethane or total organic HAP. Alternatively, any 
other method or data that have been validated according to the 
applicable procedures in Method 301 of this part may be used.
    (iv) Use the following procedure to calculate the destruction or 
removal efficiency:
    (A) The destruction or removal efficiency test shall consist of 
three runs. The minimum sampling time for each run shall be 1 hour in 
which either an integrated sample or a minimum of four grab samples 
shall be taken. If grab sampling is used, the samples shall be taken at 
approximately equal intervals in time such as 15-minute intervals during 
the run.
    (B) Calculate the mass rate of either TOC (minus methane and ethane) 
or total organic HAP (Ei, Eo using equations 16 and 17:
[GRAPHIC] [TIFF OMITTED] TR01SE95.018

where

Ei, Eo=mass rate of TOC (minus methane and ethane) or total 
organic HAP at the inlet and outlet of the control device, respectively, 
dry basis, kg/hr.
K2=constant, 2.494 x 10-6 (parts per million)-1 (gram-
mole per standard cubic meter) (kilogram/gram) (minute/hour), where 
standard temperature for (gram-mole per standard cubic meter) is 20 deg. 
C.
n=number of sample components in the gas stream.
Cij, Coj=concentration of sample component j of the gas stream 
at the inlet and outlet of the control device, respectively, dry basis, 
parts per million by volume.
Mij, Moj=molecular weight of sample component j of the gas 
stream at the inlet and outlet of the control device, respectively, 
gram/gram-mole.
Qi, Qo=flow rate of gas stream at the inlet and outlet of the 
control device, respectively, dry standard cubic meter per minute.

    (1) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by EPA Method 18 shall be 
summed using equation 16 in paragraph (h)(2)(iv)(B) of this section.
    (2) Where the mass rate of total organic HAP is being calculated, 
only the organic HAP species shall be summed using equation 17 in 
paragraph (h)(2)(iv)(B) of this section. The list of organic HAP is 
provided in Sec. 63.104 of subpart F of this part.
    (C) Calculate the destruction or removal efficiency for TOC (minus 
methane and ethane) or total organic HAP using equation 18:

[[Page 973]]

[GRAPHIC] [TIFF OMITTED] TR01SE95.019


where

R=destruction or removal efficiency of control device, percent.
Ei=mass rate of TOC (minus methane and ethane) or total organic HAP 
at the inlet to the control device as calculated under paragraph 
(h)(2)(iv)(B) of this section, kg TOC per hour or kg organic HAP per 
hour.
Eo=mass rate of TOC (minus methane and ethane) or total organic HAP 
at the outlet of the control device, as calculated under paragraph 
(h)(2)(iv)(B) of this section, kg TOC per hour or kg organic HAP per 
hour.

    (3) Determine the capture efficiency Fk of each capture system 
to which organic HAP and VOC emissions from coating operations are 
vented. The capture efficiency value shall be determined using Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure as found in appendix B to Sec. 52.741 of part 52 of this 
chapter for total enclosures, and the capture efficiency protocol 
specified in Sec. 52.741(a)(4)(iii) of part 52 of this chapter for all 
other enclosures.
    (i)(1) Alternative application method--primers and topcoats. Each 
owner or operator seeking to use an alternative application method (as 
allowed in Sec. 63.745(f)(1)(ix)) in complying with the standards for 
primers and topcoats shall use the procedures specified in paragraphs 
(i)(2) and (i)(3) of this section to determine the organic HAP and VOC 
emission levels of the alternative application technique as compared to 
either HVLP or electrostatic spray application methods.
    (2)(i) For the process or processes for which the alternative 
application method is to be used, the total organic HAP and VOC 
emissions shall be determined for an initial 30-day period, the period 
of time required to apply coating to five completely assembled aircraft, 
or a time period approved by the permitting agency. During this initial 
period, only HVLP or electrostatic spray application methods shall be 
used. The emissions shall be determined based on the volumes, organic 
HAP contents (less water), and VOC contents (less water and exempt 
solvents) of the coatings as applied.
    (ii) Upon implementation of the alternative application method, use 
the alternative application method in production on actual production 
parts or assemblies for a period of time sufficient to coat an 
equivalent amount of parts and assemblies with coatings identical to 
those used in the initial 30-day period. The actual organic HAP and VOC 
emissions shall be calculated for this post-implementation period.
    (iii) Calculate both the organic HAP and VOC emission reduction 
using equation 19:
[GRAPHIC] [TIFF OMITTED] TR01SE95.020

where

P=organic HAP or VOC emission reduction, percent.
Eb=organic HAP or VOC emissions, in pounds, before the alternative 
application technique was implemented, as determined under paragraph 
(i)(2)(i) of this section.
Ea=organic HAP or VOC emissions, in pounds, after the alternative 
application technique was implemented, as determined under paragraph 
(i)(2)(ii) of this section.

    (3) Each owner or operator seeking to demonstrate that an 
alternative application method achieves emission reductions equivalent 
to HVLP or electrostatic spray application methods shall comply with the 
following:
    (i) Each coating shall be applied such that the dried film thickness 
is within the range specified by the applicable specification(s) for the 
aerospace vehicle or component being coated.
    (ii) If no such dried film thickness specification(s) exists, the 
owner or operator shall ensure that the dried film thickness applied 
during the initial 30-day period is equivalent to the dried film 
thickness applied during the alternative application method test period 
for similar aerospace vehicles or components.
    (iii) Failure to comply with these dried film thickness requirements 
shall invalidate the test results obtained under paragraph (i)(2)(i) of 
this section.

[[Page 974]]

    (j) Spot stripping and decal removal. Each owner or operator seeking 
to comply with Sec. 63.746(b)(3) shall determine the volume of organic 
HAP-containing chemical strippers used per aircraft using the procedure 
specified in paragraphs (j)(1) through (j)(3) of this section.
    (1) For each chemical stripper used for spot stripping and decal 
removal, determine for each annual period the total volume as applied 
using the procedure specified in paragraph (d)(2) of this section.
    (2) Determine the total number of aircraft for which depainting 
operations began during the annual period as determined from company 
records.
    (3) Calculate the annual average volume of organic HAP used for spot 
stripping and decal removal per aircraft using equation 20:
[GRAPHIC] [TIFF OMITTED] TR01SE95.021

where

C=annual average volume (gal per aircraft) of organic HAP-containing 
chemical stripper used for spot stripping and decal removal.
n=number of organic HAP-containing chemical strippers used in the annual 
period.
Vsi=volume (gal) of organic HAP-containing chemical stripper i used 
during the annual period.
A=number of aircraft for which depainting operations began during the 
annual period.

    (k) Organic HAP content level determination--compliant chemical 
milling maskants. For those uncontrolled chemical milling maskants 
complying with the chemical milling maskant organic HAP content limit 
specified in Sec. 63.747(c)(1) without being averaged, the following 
procedures shall be used to determine the mass of organic HAP emitted 
per volume of coating (less water) as applied.
    (1) For coatings that contain no exempt solvents, determine the 
total organic HAP content using manufacturer's supplied data or Method 
24 of 40 CFR part 60, appendix A to determine the VOC content. The VOC 
content shall be used as a surrogate for total HAP content for coatings 
that contain no exempt solvent. If there is a discrepancy between the 
manufacturer's formulation data and the results of the Method 24 
analysis, compliance shall be based on the results from the Method 24 
analysis.
    When Method 24 is used to determine the VOC content of water-
reducible coatings, the precision adjustment factors in Reference Method 
24 shall be used. If the adjusted analytical VOC content is less than 
the formulation solvent content, then the analytical VOC content should 
be set equal to the formulation solvent content.
    (2) [Reserved]
    (l) Organic HAP content level determination--averaged chemical 
milling maskants. For those uncontrolled chemical milling maskants that 
are averaged together in order to comply with the chemical milling 
maskant organic HAP content level specified in Sec. 63.747(c)(1), the 
procedure specified in paragraphs (l)(1) through (l)(4) of this section 
shall be used to determine the monthly volume-weighted average mass of 
organic HAP emitted per volume of chemical milling maskant (less water) 
as applied, unless the permitting agency specifies a shorter averaging 
period as part of an ambient ozone control program.
    (1) Determine the total organic HAP weight fraction as applied of 
each chemical milling maskant used during each 30-day period using the 
procedure specified in paragraph (d)(1) of this section.
    (2) Determine for each 30-day period:
    (i) The individual volume of each chemical milling maskant applied 
in terms of total gallons (less water) (using the procedure specified in 
paragraph (d)(2) of this section), and
    (ii) The total volume in gallons of all chemical milling maskants 
(less water) as applied by summing the individual volumes of each 
chemical milling maskant as applied (less water).
    (3) Determine the density of each chemical milling maskant as 
applied used during each 30-day period using the procedure specified in 
paragraph (d)(3) of this section.
    (4) Calculate the volume-weighted average mass of organic HAP 
emitted

[[Page 975]]

per unit volume (lb/gal) of chemical milling maskant (less water) as 
applied for all chemical milling maskants during each 30-day period 
using equation 21:
[GRAPHIC] [TIFF OMITTED] TR01SE95.022

where

Ha=volume-weighted mass of organic HAP emitted per unit volume of 
chemical milling maskants (lb/gal) (less water) as applied during each 
30-day period for those chemical milling maskants being averaged.
n=number of chemical milling maskants being averaged.
WHi=weight fraction (expressed as a decimal) of organic HAP in 
chemical milling maskant i (less water) as applied during each 30-day 
period that is averaged.
Dmi=density (lb chemical milling maskant per gal coating) of 
chemical milling maskant i as applied during each 30-day period that is 
averaged.
Vmi=volume (gal) of chemical milling maskant i (less water) as 
applied during the 30-day period that is averaged.
Mlw=total volume (gal) of all chemical milling maskants (less 
water) as applied during each 30-day period that is averaged.

    (m) VOC content level determination--compliant chemical milling 
maskants. For those uncontrolled chemical milling maskants complying 
with the chemical milling maskant VOC content limit specified in 
Sec. 63.747(c)(2) without being averaged, the procedure specified in 
paragraphs (m)(1) and (m)(2) of this section shall be used to determine 
the mass of VOC emitted per volume of chemical milling maskant (less 
water and exempt solvents) as applied.
    (1) Determine the mass of VOC emitted per unit volume of chemical 
milling maskant (lb/gal) (less water and exempt solvents) as applied, 
Gi, for each chemical milling maskant using the procedures 
specified in paragraphs (e)(1) and (e)(2) of this section.
    (2)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Gi, compliance shall be based, except as 
provided in paragraph (m)(2)(ii) of this section, upon the VOC content 
obtained using EPA Method 24.
    (ii) If the VOC content of a chemical milling maskant obtained using 
EPA Method 24 would indicate noncompliance as determined under 
Sec. 63.749(h)(3)(i), an owner or operator may elect to average the 
chemical milling maskant with other uncontrolled chemical milling 
maskants and (re)calculate Ga (using the procedure specified in 
paragraph (n) of this section), provided appropriate and sufficient 
records were maintained for all chemical milling maskants included in 
the average recalculation. The (re)calculated value of Ga for the 
averaged chemical milling maskants shall then be used to determine 
compliance.
    (n) VOC content level determination--averaged chemical milling 
maskants. For those uncontrolled chemical milling maskants that are 
averaged together in order to comply with the chemical milling maskant 
VOC content limit specified in Sec. 63.747(c)(2), the procedure 
specified in paragraphs (n)(1) through (n)(4) of this section shall be 
used to determine the monthly volume-weighted average mass of VOC 
emitted per volume of chemical milling maskant (less water and exempt 
solvents) as applied, unless the permitting agency specifies a shorter 
averaging period as part of an ambient ozone control program.
    (1) Determine the VOC content of each chemical milling maskant (less 
water and exempt solvents) as applied used during each 30-day period 
using the procedure specified in paragraph (f)(1) of this section.
    (2)(i) Determine the individual volume of each chemical milling 
maskant applied in terms of total gallons (less water and exempt 
solvents) using the procedure specified in paragraph (f)(2) of this 
section, and
    (ii) Calculate the total volume in gallons of all chemical milling 
maskants

[[Page 976]]

(less water and exempt solvents) as applied by summing the individual 
volumes of each chemical milling maskant (less water and exempt 
solvents) as applied.
    (3) Calculate the volume-weighted average mass of VOC emitted per 
unit volume (lb/gal) of chemical milling maskant (less water and exempt 
solvents) as applied during each 30-day period using equation 22:
[GRAPHIC] [TIFF OMITTED] TR01SE95.023

where

Ga=volume-weighted average mass of VOC per unit volume of chemical 
milling maskant (lb/gal) (less water and exempt solvents) as applied 
during each 30-day period for those chemical milling maskants that are 
averaged.
n=number of chemical milling maskants being averaged.
(VOC)mi=VOC content (lb/gal) of chemical milling maskant i (less 
water and exempt solvents) as applied during the 30-day period that is 
averaged.
Vmi=volume (gal) of chemical milling maskant i (less water and 
exempt solvents) as applied during the 30-day period that is averaged.
Mlwes=total volume (gal) of all chemical milling maskants (less 
water and exempt solvents) as applied during each 30-day period that is 
averaged.

    (4)(i) If the VOC content is found to be different when EPA Method 
24 is used during an enforcement inspection from that used by the owner 
or operator in calculating Ga, recalculation of Ga is required 
using the new value. If more than one chemical milling maskant is 
involved, the recalculation shall be made once using all of the new 
values.
    (ii) If recalculation is required, an owner or operator may elect to 
include in the recalculation of Ga uncontrolled chemical milling 
maskants that were not previously included provided appropriate and 
sufficient records were maintained for these other chemical milling 
maskants to allow daily recalculations.
    (iii) The recalculated value of Ga under either paragraph 
(n)(4)(i) or (n)(4)(ii) of this section shall be used to determine 
compliance.



Sec. 63.751  Monitoring requirements.

    (a) Enclosed spray gun cleaners. Each owner or operator using an 
enclosed spray gun cleaner under Sec. 63.744(c)(1) shall visually 
inspect the seals and all other potential sources of leaks associated 
with each enclosed gun spray cleaner system at least once per month. 
Each inspection shall occur while the system is in operation.
    (b) Incinerators and carbon adsorbers--initial compliance 
demonstrations. Each owner or operator subject to the requirements in 
this subpart must demonstrate initial compliance with the requirements 
of Sec. 63.745(d), Sec. 63.746(c), and Sec. 63.747(d) of this subpart. 
Each owner or operator using a carbon adsorber to comply with the 
requirements in this subpart shall comply with the requirements 
specified in paragraphs (b)(1) through (b)(7) of this section. Each 
owner or operator using an incinerator to comply with the requirements 
in this subpart shall comply with the requirements specified in 
paragraphs (b)(9) through (b)(12) of this section.
    (1) Except as allowed by paragraph (b)(2) or (b)(5) of this section, 
for each control device used to control organic HAP or VOC emissions, 
the owner or operator shall fulfill the requirements of paragraph (b)(1) 
(i) or (ii) of this section.
    (i) The owner or operator shall establish as a site-specific 
operating parameter the outlet total HAP or VOC concentration that 
demonstrates compliance with Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d) as appropriate; or
    (ii) The owner or operator shall establish as the site-specific 
operating parameter the control device efficiency that demonstrates 
compliance with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d).
    (iii) When a nonregenerative carbon adsorber is used to comply with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), the site-specific 
operating parameter value may be established as part of the design 
evaluation used to demonstrate

[[Page 977]]

initial compliance. Otherwise, the site-specific operating parameter 
value shall be established during the initial performance test conducted 
according to the procedures of Sec. 63.750(g).
    (2) For each nonregenerative carbon adsorber, in lieu of meeting the 
requirements of Sec. 63.751(b)(1), the owner or operator may establish 
as the site-specific operating parameter the carbon replacement time 
interval, as determined by the maximum design flow rate and organic 
concentration in the gas stream vented to the carbon adsorption system. 
The carbon replacement time interval shall be established either as part 
of the design evaluation to demonstrate initial compliance or during the 
initial performance test conducted according to the procedures in 
Sec. 63.750(g) (1), (2), (3), or (4).
    (3) Each owner or operator venting solvent HAP emissions from a 
source through a room, enclosure, or hood, to a control device to comply 
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) shall:
    (i) Submit to the Administrator with the compliance status report 
required by Sec. 63.9(h) of the General Provisions a plan that:
    (A) Identifies the operating parameter to be monitored to ensure 
that the capture efficiency measured during the initial compliance test 
is maintained;
    (B) Discusses why this parameter is appropriate for demonstrating 
ongoing compliance; and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that 
demonstrate compliance with Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d), as appropriate; and
    (iii) Conduct monitoring in accordance with the plan submitted to 
the Administrator unless comments received from the Administrator 
require an alternate monitoring scheme.
    (4) Owners or operators subject to Sec. 63.751(b) (1), (2), or (3) 
shall calculate the site-specific operating parameter value, or range of 
values, as the arithmetic average of the maximum and/or minimum 
operating parameter values, as appropriate, that demonstrate compliance 
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) during the 
multiple test runs required by Sec. 63.750 (g)(2) and (g)(1).
    (5) For each solvent recovery device used to comply with 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d), in lieu of meeting 
the requirements of paragraph (b)(1) of this section, the results of the 
material balance calculation conducted in accordance with 
Sec. 63.750(g)(1) may serve as the site-specific operating parameter 
that demonstrates compliance with Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d).
    (6) Continuous compliance monitoring. Following the date on which 
the initial compliance demonstration is completed, continuous compliance 
with Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) of this subpart 
shall be demonstrated as outlined in this paragraph.
    (i) Each owner or operator of an affected source subject to 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) of this subpart shall 
monitor the applicable parameters specified in paragraph (b)(6)(ii), 
(b)(6)(iii), or (b)(6)(iv) of this section depending on the type of 
control technique used.
    (ii) Compliance monitoring shall be subject to the following 
provisions:
    (A) Except as allowed by paragraph (b)(7)(iii)(A)(3) of this 
section, all continuous emission monitors shall comply with performance 
specification (PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate 
depending on whether VOC or HAP concentration is being measured. The 
requirements in appendix F of 40 CFR part 60 shall also be followed. In 
conducting the quarterly audits required by appendix F, owners or 
operators shall challenge the monitors with compounds representative of 
the gaseous emission stream being controlled.
    (B) If the effluent from multiple emission points are combined prior 
to being channeled to a common control device, the owner or operator is 
required only to monitor the common control device, not each emission 
point.
    (iii) Owners or operators complying with Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d) through the use of a control device 
and establishing a site-specific operating parameter in accordance with 
paragraph (b)(1) shall fulfill the requirements of paragraph 
(b)(7)(iii)(A) of this section and paragraph (b)(7)(iii) (B) or (C) of 
this section, as appropriate.

[[Page 978]]

    (A) The owner or operator shall install, calibrate, operate, and 
maintain a continuous emission monitor.
    (1) The continuous emission monitor shall be used to measure 
continuously the total HAP or VOC concentration at both the inlet and 
the outlet whenever HAP from coating and paint stripping operations are 
vented to the control device, or when continuous compliance is 
demonstrated through a percent efficiency calculation; or
    (2) For owners or operators using a nonregenerative carbon adsorber, 
in lieu of using continuous emission monitors as specified in paragraph 
(b)(7)(iii)(A)(1) of this section, the owner or operator may use a 
portable monitoring device to monitor total HAP or VOC concentration at 
the inlet and outlet, or the outlet of the carbon adsorber, as 
appropriate.
    (a) The monitoring device shall be calibrated, operated, and 
maintained in accordance with the manufacturer's specifications.
    (b) The monitoring device shall meet the requirements of part 60, 
appendix A, Method 21, sections 2, 3, 4.1, 4.2, and 4.4. The calibration 
gas shall either be representative of the compounds to be measured or 
shall be methane, and shall be at a concentration associated with 125% 
of the expected organic compound concentration level for the carbon 
adsorber outlet vent.
    (c) The probe inlet of the monitoring device shall be placed at 
approximately the center of the carbon adsorber outlet vent. The probe 
shall be held there for at least 5 minutes during which flow into the 
carbon adsorber is expected to occur. The maximum reading during that 
period shall be used as the measurement.
    (B) If complying with Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d) through the use of a carbon adsorption system with a 
common exhaust stack for all of the carbon vessels, the owner or 
operator shall not operate the control device at an average control 
efficiency less than that required by Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d) for three consecutive adsorption cycles.
    (C) If complying with Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d) through the use of a carbon adsorption system with 
individual exhaust stacks for each of the multiple carbon adsorber 
vessels, the owner or operator shall not operate any carbon adsorber 
vessel at an average control efficiency less than that required by 
Sec. 63.745(d), Sec. 63.746(c), or Sec. 63.747(d) as calculated daily 
using a 7 to 30-day rolling average.
    (D) If complying with Sec. 63.745(d), Sec. 63.746(c), or 
Sec. 63.747(d) through the use of a nonregenerative carbon adsorber, in 
lieu of the requirements of paragraph (b)(7)(iii)(B) or (C) of this 
section, the owner or operator may replace the carbon in the carbon 
adsorber system with fresh carbon at a regular predetermined time 
interval as determined in accordance with paragraph (b)(2) of this 
section.
    (iv) Owners or operators complying with Sec. 63.745(d), 
Sec. 63.746(c), or Sec. 63.747(d) by capturing emissions through a room, 
enclosure, or hood shall install, calibrate, operate, and maintain the 
instrumentation necessary to measure continuously the site-specific 
operating parameter established in accordance with paragraph (b)(3) of 
this section whenever VOC and HAP from coating and stripper operations 
are vented through the capture device. The capture device shall not be 
operated at an average value greater than or less than (as appropriate) 
the operating parameter value established in accordance with paragraph 
(b)(3) of this section for any 3-hour period.
    (7) Owners or operators complying with paragraph (b)(4) or (b)(5) of 
this section shall calculate the site-specific operating parameter value 
as the arithmetic average of the minimum operating parameter values that 
demonstrate compliance with Sec. 63.745(d)and Sec. 63.747(d) during the 
three test runs required by Sec. 63.750(h)(2)(iv).
    (8) All temperature monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturer's 
specifications. Every 3 months, facilities shall replace the temperature 
sensors or have the temperature sensors recalibrated. As an alternative, 
a facility may use a continuous emission monitoring system (CEMS) to 
verify that there has been no change in the destruction efficiency and 
effluent composition of the incinerator.

[[Page 979]]

    (9) Where an incinerator other than a catalytic incinerator is used, 
a thermocouple equipped with a continuous recorder shall be installed 
and continuously operated in the firebox or in the ductwork immediately 
downstream of the firebox in a position before any substantial heat 
exchange occurs.
    (10) Where a catalytic incinerator is used, thermocouples, each 
equipped with a continuous recorder, shall be installed and continuously 
operated in the gas stream immediately before and after the catalyst 
bed.
    (11) For each incinerator other than a catalytic incinerator, each 
owner or operator shall establish during each performance test during 
which compliance is demonstrated, including the initial performance 
test, the minimum combustion temperature as a site-specific operating 
parameter. This minimum combustion temperature shall be the operating 
parameter value that demonstrates compliance with Sec. 63.745(d) and 
Sec. 63.747(d).
    (12) For each catalytic incinerator, each owner or operator shall 
establish during each performance test during which compliance is 
demonstrated, including the initial performance test, the minimum gas 
temperature upstream of the catalyst bed and the minimum gas temperature 
difference across the catalyst bed as site-specific operating 
parameters. These minimum temperatures shall be the operating parameter 
values that demonstrate compliance with Sec. 63.745(d) and 
Sec. 63.747(d).
    (c) Dry particulate filter, HEPA filter, and waterwash systems--
primer and topcoat application operations. (1) Each owner or operator 
using a dry particulate filter system or a HEPA filter system to meet 
the requirements of Sec. 63.745(g)(2) shall continuously monitor the 
pressure drop across the system.
    (2) Each owner or operator using a waterwash system to meet the 
requirements of Sec. 63.745(g)(2) shall continuously monitor the water 
flow rate through the system.
    (d) Particulate filters and waterwash booths--depainting operations. 
Each owner or operator using a dry particulate filter or waterwash 
system in accordance with the requirements of Sec. 63.746(b)(4) shall 
continuously monitor the pressure drop across the particulate filters or 
the water flow rate through the waterwash system.
    (e) Use of an alternative monitoring method. (1) General. Until 
permission to use an alternative monitoring method has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source shall remain subject to the requirements of this 
section.
    (2) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring methods or 
procedures of this section including, but not limited to, the following:
    (i) Alternative monitoring requirements when the affected source is 
infrequently operated; or
    (ii) Alternative locations for installing continuous monitoring 
systems when the owner or operator can demonstrate that installation at 
alternate locations will enable accurate and representative 
measurements; or
    (iii) Alternatives to the American Society for Testing and Materials 
(ASTM) test methods or sampling procedures specified in this section.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, requirement, or 
procedure, the Administrator may require the use of a method, 
requirement, or procedure specified in this section. If the results of 
the specified and the alternative method, requirement, or procedure do 
not agree, the results obtained by the specified method, requirement, or 
procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or 
operator who wishes to use an alternative monitoring method shall submit 
an application to the Administrator as described in paragraph (e)(4)(ii) 
of this section. The application may be submitted at any time provided 
that the monitoring method is not used to demonstrate compliance with a 
relevant standard or other requirement. If the alternative monitoring 
method is to be used to demonstrate compliance with a relevant standard, 
the application shall be submitted not later than with the site-specific 
test plan required in Sec. 63.7(c) (if requested) or with the site-
specific performance evaluation plan

[[Page 980]]

(if requested), or at least 60 days before the performance evaluation is 
scheduled to begin.
    (ii) The application shall contain a description of the proposed 
alternative monitoring system and information justifying the owner's or 
operator's request for an alternative monitoring method, such as the 
technical or economic infeasibility, or the impracticality, of the 
affected source using the required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (e)(4)(i) of this section to ensure a timely review by the 
Administrator in order to meet the compliance demonstration date 
specified in this subpart.
    (5) Approval of request to use alternative monitoring method. (i) 
The Administrator will notify the owner or operator of his/her intention 
to deny approval of the request to use an alternative monitoring method 
within 60 calendar days after receipt of the original request and within 
60 calendar days after receipt of any supplementary information that is 
submitted. If notification of intent to deny approval is not received 
within 60 calendar days, the alternative monitoring method is to be 
considered approved. Before disapproving any request to use an 
alternative monitoring method, the Administrator will notify the 
applicant of the Administrator's intent to disapprove the request 
together with:
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of his or 
her intention to disapprove the request, the Administrator will specify 
how much time the owner or operator will have after being notified of 
the intended disapproval to submit the additional information.
    (ii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (e)(5)(i) of 
this section, the owner or operator of such source shall continue to use 
the alternative monitoring method until approval is received from the 
Administrator to use another monitoring method as allowed by paragraph 
(e) of this section.
    (f) Reduction of monitoring data. (1) The data may be recorded in 
reduced or nonreduced form (e.g., parts per million (ppm) pollutant and 
% O2 or nanograms per Joule (ng/J) of pollutant).
    (2) All emission data shall be converted into units specified in 
this subpart for reporting purposes. After conversion into units 
specified in this subpart, the data may be rounded to the same number of 
significant digits as used in this subpart to specify the emission limit 
(e.g., rounded to the nearest 1% overall reduction efficiency).



Sec. 63.752  Recordkeeping requirements.

    (a) General. Each owner or operator of a source subject to this 
subpart shall fulfill all recordkeeping requirements specified in 
Sec. 63.10 (a), (b), (d), and (f).
    (b) Cleaning operation. Each owner or operator of a new or existing 
cleaning operation subject to this subpart shall record the information 
specified in paragraphs (b)(1) through (b)(5) of this section, as 
appropriate.
    (1) The name, vapor pressure, and documentation showing the organic 
HAP constituents of each cleaning solvent used at the facility.
    (2) For each cleaning solvent used in hand-wipe cleaning operations 
that complies with the composition requirements specified in 
Sec. 63.744(b)(1) or for semi-aqueous cleaning solvents used for flush 
cleaning operations:
    (i) The name of each cleaning solvent used;
    (ii) All data and calculations that demonstrate that the cleaning 
solvent complies with one of the composition requirements; and
    (iii) Annual records of the volume of each solvent used, as 
determined from facility purchase records or usage records.
    (3) For each cleaning solvent used in hand-wipe cleaning operations 
that does not comply with the composition requirements in 
Sec. 63.744(b)(1), but does comply with the vapor pressure requirement 
in Sec. 63.744(b)(2):

[[Page 981]]

    (i) The name of each cleaning solvent used;
    (ii) The composite vapor pressure of each cleaning solvent used;
    (iii) All vapor pressure test results, if appropriate, data, and 
calculations used to determine the composite vapor pressure of each 
cleaning solvent; and
    (iv) The amount (in gallons) of each cleaning solvent used each 
month at each operation.
    (4) For each cleaning solvent used for the exempt hand-wipe cleaning 
operations specified in Sec. 63.744(e) that does not conform to the 
vapor pressure or composition requirements of Sec. 63.744(b):
    (i) The identity and amount (in gallons) of each cleaning solvent 
used each month at each operation; and
    (ii) A list of the processes set forth in Sec. 63.744(e) to which 
the cleaning operation applies.
    (5) A record of all leaks from enclosed spray gun cleaners 
identified pursuant to Sec. 63.751(a) that includes for each leak found:
    (i) Source identification;
    (ii) Date leak was discovered; and
    (iii) Date leak was repaired.
    (c) Primer and topcoat application operations--organic HAP and VOC. 
Each owner or operator required to comply with the organic HAP and VOC 
content limits specified in Sec. 63.745(c) shall record the information 
specified in paragraphs (c)(1) through (c)(6) of this section, as 
appropriate.
    (1) The name and VOC content as received and as applied of each 
primer and topcoat used at the facility.
    (2) For uncontrolled primers (organic HAP content less than 350 g/l 
(2.9 lb/gal) less water as applied and VOC content less than 350 g/l 
(2.9 lb/gal) less water and exempt solvents as applied) and topcoats 
that meet the organic HAP and VOC content limits in Sec. 63.745(c)(1) 
through (c)(4) without averaging:
    (i) The mass of organic HAP emitted per unit volume of coating as 
applied (less water) (Hi) and the mass of VOC emitted per unit 
volume of coating as applied (less water and exempt solvents) (Gi) 
for each coating formulation within each coating category used each 
month (as calculated using the procedures specified in Sec. 63.750(c) 
and (e));
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the values of Hi and Gi; and
    (iii) The volume (gal) of each coating formulation within each 
coating category used each month.
    (3) For ``low HAP content'' uncontrolled primers with organic HAP 
content less than or equal to 250 g/l (2.1 lb/gal) less water as applied 
and VOC content less than or equal to 250 g/l (2.1 lb/gal) less water 
and exempt solvents as applied:
    (i) Annual purchase records of the total volume of each primer 
purchased; and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the organic HAP and VOC content as 
applied. These records shall consist of the manufacturer's certification 
when the primer is applied as received, or the data and calculations 
used to determine Hi if not applied as received.
    (4) For primers and topcoats complying with the organic HAP or VOC 
content level by averaging:
    (i) The monthly volume-weighted average masses of organic HAP 
emitted per unit volume of coating as applied (less water) (Ha) and 
of VOC emitted per unit volume of coating as applied (less water and 
exempt solvents) (Ga) for all coatings (as determined by the 
procedures specified in Sec. 63.750(d) and (f)); and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used to determine the values of Ha and Ga.
    (5) For primers and topcoats that are controlled by a control device 
other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) If an incinerator other than a catalytic incinerator is used, 
continuous records of the firebox temperature recorded under 
Sec. 63.751(b)(9) and all calculated 3-hour averages of the firebox 
temperature; and
    (iii) If a catalytic incinerator is used, continuous records of the 
temperature

[[Page 982]]

recorded under Sec. 63.751(b)(10) and all calculated 3-hour averages of 
the recorded temperatures.
    (6) For primer and topcoats that are controlled by a carbon 
adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec. 63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The 
record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.
    (d) Primer and topcoat application operations--inorganic HAP 
emissions. (1) Each owner or operator complying with Sec. 63.745(g) for 
the control of inorganic HAP emissions from primer and topcoat 
application operations through the use of a dry particulate filter 
system or a HEPA filter system shall record the pressure drop across the 
operating system once each shift during which coating operations occur.
    (2) Each owner or operator complying with Sec. 63.745(g) through the 
use of a waterwash system shall record the water flow rate through the 
operating system once each shift during which coating operations occur.
    (3) This log shall include the acceptable limit(s) of pressure drop 
or water flow rate, as applicable, as specified by the filter or booth 
manufacturer or in locally prepared operating procedures.
    (4) If 3-stage or HEPA filters are used at a new facility to control 
emissions from chromated primers or topcoats, records shall be kept of 
documentation supplied by the filter manufacturer that the filters in 
use meet the 3-stage or HEPA filter requirements.
    (e) Depainting operations. Each owner or operator subject to the 
depainting standards specified in Sec. 63.746 shall record the 
information specified in paragraphs (e)(1) through (e)(7) of this 
section, as appropriate.
    (1) General. For all chemical strippers used in the depainting 
operation:
    (i) The name of each chemical stripper; and
    (ii) Monthly volumes of each organic-HAP containing chemical 
stripper used.
    (2) For HAP-containing chemical strippers that are controlled by a 
carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec. 63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The 
record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.
    (3) For HAP-containing chemical strippers that are controlled by a 
control device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) [Reserved]
    (4) For each type of aircraft depainted at the facility, a listing 
of the parts, subassemblies, and assemblies normally removed from the 
aircraft before depainting. Prototype, test model or aircraft that exist 
in low numbers (i.e., less than 25 aircraft of

[[Page 983]]

any one type) are exempt from this requirement.
    (5) Non-chemical based equipment. If dry media blasting equipment is 
used to comply with the organic HAP emission limit specified in 
Sec. 63.746(b)(1):
    (i) The names and types of non-chemical based equipment; and
    (ii) For periods of malfunction,
    (A) The non-chemical method or technique that malfunctioned;
    (B) The date that the malfunction occurred;
    (C) A description of the malfunction;
    (D) The methods used to depaint aerospace vehicles during the 
malfunction period;
    (E) The dates that these methods were begun and discontinued; and
    (F) The date that the malfunction was corrected.
    (6) Spot stripping and decal removal. For spot stripping and decal 
removal, the volume of organic HAP-containing chemical stripper used, 
the annual average volume of organic HAP-containing stripper used per 
aircraft, the annual number of aircraft stripped, and all data and 
calculations used.
    (7) Inorganic HAP emissions. The actual pressure drop across the 
particulate filters or the visual continuity of the water curtain and 
water flow rate for waterwash systems, once each shift in which the 
depainting process is in operation. This log shall include the 
acceptable limit(s) of the pressure drop as specified by the filter 
manufacturer and the visual continuity of the water curtain and water 
flow rate for waterwash systems as specified by the booth manufacturer 
or in locally prepared operating procedures.
    (f) Chemical milling maskant application operations. Each owner or 
operator seeking to comply with the organic HAP and VOC content limits 
for the chemical milling maskant application operation, as specified in 
Sec. 63.747(c), shall record the information specified in paragraphs 
(f)(1) through (f)(4) of this section, as appropriate.
    (1) For uncontrolled chemical milling maskants that meet the organic 
HAP or VOC content limit without averaging:
    (i) The mass of organic HAP emitted per unit volume of chemical 
milling maskant as applied (less water) (Hi) and the mass of VOC 
emitted per unit volume of chemical milling maskant as applied (less 
water and exempt solvents) (Gi) for each chemical milling maskant 
formulation used each month (as determined by the procedures specified 
in Sec. 63.750 (k) and (m));
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used in determining the values of Hi and Gi; and
    (iii) The volume (gal) of each chemical milling maskant formulation 
used each month.
    (2) For chemical milling maskants complying with the organic HAP or 
VOC content level by averaging:
    (i) The monthly volume-weighted average masses of organic HAP 
emitted per unit volume of chemical milling maskant as applied (less 
water) (Ha) and of VOC emitted per unit volume of chemical milling 
maskant as applied (less water and exempt solvents) (Ga) for all 
chemical milling maskants (as determined by the procedures specified in 
Sec. 63.750 (l) and (n)); and
    (ii) All data, calculations, and test results (including EPA Method 
24 results) used to determine the values of Ha and Ga.
    (3) For chemical milling maskants that are controlled by a carbon 
adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(g)) and all 
test results, data, and calculations used in determining the overall 
control efficiency. The length of the rolling material balance period 
and all data and calculations used for determining this rolling period. 
The record of the certification of the accuracy of the device that 
measures the amount of HAP or VOC recovered; or
    (ii) For nonregenerative carbon adsorbers, the overall control 
efficiency of the control system (as determined using the procedures 
specified in Sec. 63.750(g)) and all test results, data, and 
calculations used in determining the overall control efficiency. The 
record of the carbon replacement time established as the site-specific 
operating parameter to demonstrate compliance.

[[Page 984]]

    (4) For chemical milling maskants that are controlled by a control 
device other than a carbon adsorber:
    (i) The overall control efficiency of the control system (as 
determined using the procedures specified in Sec. 63.750(h)) and all 
test results, data, and calculations used in determining the overall 
control efficiency;
    (ii) If an incinerator other than a catalytic incinerator is used, 
continuous records of the firebox temperature recorded under 
Sec. 63.751(b)(9) and all calculated 3-hour averages of the firebox 
temperature; and
    (iii) If a catalytic incinerator is used, continuous records of the 
temperature recorded under Sec. 63.751(b)(10) and all calculated 3-hour 
averages of the recorded temperatures.



Sec. 63.753  Reporting requirements.

    (a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this 
section, each owner or operator subject to this subpart shall fulfill 
the requirements contained in Sec. 63.9 (a) through (e) and (h) through 
(j), Notification requirements, and Sec. 63.10 (a), (b), (d) and (f), 
Recordkeeping and reporting requirements, of the General Provisions, 40 
CFR part 63, subpart A, except that the initial notification 
requirements for new or reconstructed affected sources in Sec. 63.9(b) 
(3) though (5) shall not apply. In addition to the requirements of 
Sec. 63.9(h), the notification of compliance status shall include:
    (i) Information detailing whether the source has operated within the 
specified ranges of its designated operating parameters.
    (ii) For each coating line, where averaging will be used along with 
the types of quantities of coatings the facility expects to use in the 
first year of operation. Averaging scheme shall be approved by the 
Administrator or delegated State authority and shall be included as part 
of the facility's title V or part 70 permit.
    (2) For the purposes of this subpart, a title V or part 70 permit 
application may be used in lieu of the initial notification required 
under Sec. 63.9(b)(2), provided the same information is contained in the 
permit application as required by Sec. 63.9(b)(2), and the State to 
which the permit application has been submitted has an approved 
operating permit program under part 70 of this chapter and has received 
delegation of authority from the EPA. Permit applications shall be 
submitted by the same due dates as those specified for the initial 
notifications.
    (3) For the purposes of this subpart, the Administrator will notify 
the owner or operator in writing of approval or disapproval of the 
request for an adjustment to a particular time period or postmark 
deadline submitted under Sec. 63.9(i) within 30 calendar days of 
receiving sufficient information to evaluate the request, rather than 15 
calendar days as provided for in Sec. 63.9(i)(3).
    (b) Cleaning operation. Each owner or operator of a cleaning 
operation subject to this subpart shall submit the following 
information:
    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) Any instance where a noncompliant cleaning solvent is used for a 
non-exempt hand-wipe cleaning operation;
    (ii) A list of any new cleaning solvents used for hand-wipe cleaning 
in the previous 6 months and, as appropriate, their composite vapor 
pressure or notification that they comply with the composition 
requirements specified in Sec. 63.744(b)(1);
    (iii) Any instance where a noncompliant spray gun cleaning method is 
used;
    (iv) Any instance where a leaking enclosed spray gun cleaner remains 
unrepaired and in use for more than 15 days; and
    (v) If the operations have been in compliance for the semiannual 
period, a statement that the cleaning operations have been in compliance 
with the applicable standards. Sources shall also submit a statement of 
compliance signed by a responsible company official certifying that the 
facility is in compliance with all applicable requirements.
    (c) Primer and topcoat application operations. Each owner or 
operator of a primer or topcoat application operation subject to this 
subpart shall submit the following information:

[[Page 985]]

    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) For primers and topcoats where compliance is not being achieved 
through the use of averaging or a control device, each value of Hi 
and Gi, as recorded under Sec. 63.752(c)(2)(i), that exceeds the 
applicable organic HAP or VOC content limit specified in Sec. 63.745(c);
    (ii) For primers and topcoats where compliance is being achieved 
through the use of averaging, each value of Ha and Ga, as 
recorded under Sec. 63.752(c)(4)(i), that exceeds the applicable organic 
HAP or VOC content limit specified in Sec. 63.745(c);
    (iii) If incinerators are used to comply with the standards, all 
periods when the 3-hour average combustion temperature(s) is (are) less 
than the average combustion temperature(s) established under 
Sec. 63.751(b) (11) or (12) during the most recent performance test 
during which compliance was demonstrated;
    (iv) If a carbon adsorber is used;
    (A) each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81%, the initial material 
balance calculation, and any exceedances as demonstrated through the 
calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (v) For control devices other than an incinerator or carbon 
adsorber, each exceedance of the operating parameter(s) established for 
the control device under the initial performance test during which 
compliance was demonstrated;
    (vi) All times when a primer or topcoat application operation was 
not immediately shut down when the pressure drop across a dry 
particulate filter or HEPA filter system, or the water flow rate through 
a waterwash system, as appropriate, was outside the limit(s) specified 
by the filter or booth manufacturer or in locally prepared operating 
procedures;
    (vii) If the operations have been in compliance for the semiannual 
period, a statement that the operations have been in compliance with the 
applicable standards; and,
    (2) Annual reports beginning 12 months after the date of the 
notification of compliance status listing the number of times the 
pressure drop or water flow rate for each dry filter or waterwash 
system, as applicable, was outside the limit(s) specified by the filter 
or booth manufacturer or in locally prepared operating procedures.
    (d) Depainting operation. Each owner or operator of a depainting 
operation subject to this subpart shall submit the following 
information:
    (1) Semiannual reports occurring every 6 months from the date of the 
notification of compliance status that identify:
    (i) Any 24-hour period where organic HAP were emitted from the 
depainting of aerospace vehicles, other than from the exempt operations 
listed in Sec. 63.746 (a), (b)(3), and (b)(5).
    (ii) Any new chemical strippers used at the facility during the 
reporting period;
    (iii) The organic HAP content of these new chemical strippers;
    (iv) For each chemical stripper that undergoes reformulation, its 
organic HAP content;
    (v) Any new non-chemical depainting technique in use at the facility 
since the notification of compliance status or any subsequent semiannual 
report was filed;
    (vi) For periods of malfunctions:
    (A) The non-chemical method or technique that malfunctioned;
    (B) The date that the malfunction occurred;
    (C) A description of the malfunction;
    (D) The methods used to depaint aerospace vehicles during the 
malfunction period;
    (E) The dates that these methods were begun and discontinued; and
    (F) The date that the malfunction was corrected;
    (vii) All periods where a non-chemical depainting operation subject 
to Sec. 63.746 (b)(2) and (b)(4) for the control of inorganic HAP 
emissions was not

[[Page 986]]

immediately shut down when the pressure drop or water flow rate was 
outside the limit(s) specified by the filter or booth manufacturer or in 
locally prepared operational procedures;
    (viii) A list of new and discontinued aircraft models depainted at 
the facility over the last 6 months and a list of the parts normally 
removed for depainting for each new aircraft model being depainted; and
    (ix) If the depainting operation has been in compliance for the 
semiannual period, a statement signed by a responsible company official 
that the operation was in compliance with the applicable standards.
    (2) Annual reports occurring every 12 months from the date of the 
notification of compliance status that identify:
    (i) The average volume per aircraft of organic HAP-containing 
chemical strippers used for spot stripping and decal removal operations 
if it exceeds the limits specified in Sec. 63.746(b)(3); and
    (ii) The number of times the pressure drop limit(s) for each filter 
system or the number of times the water flow rate limit(s) for each 
waterwash system were outside the limit(s) specified by the filter or 
booth manufacturer or in locally prepared operating procedures.
    (3) Where a control device is used to control organic HAP emissions, 
semiannual reports that identify:
    (i) If a carbon adsorber is used,
    (A) each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81% for existing systems or 
less than 95% for new systems, the initial material balance calculation, 
and any exceedances as demonstrated through the calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (ii) For control devices other than a carbon adsorber, each 
exceedance of the operating parameter(s) established for the control 
device under the initial performance test during which compliance was 
demonstrated;
    (iii) Descriptions of any control devices currently in use that were 
not listed in the notification of compliance status or any subsequent 
report.
    (e) Chemical milling maskant application operation. Each owner or 
operator of a chemical milling maskant application operation subject to 
this subpart shall submit semiannual reports occurring every 6 months 
from the date of the notification of compliance status that identify:
    (1) For chemical milling maskants where compliance is not being 
achieved through the use of averaging or a control device, each value of 
Hi and Gi, as recorded under Sec. 63.752(f)(1)(i), that 
exceeds the applicable organic HAP or VOC content limit specified in 
Sec. 63.747(c);
    (2) For chemical milling maskants where compliance is being achieved 
through the use of averaging, each value of Ha and Ga, as 
recorded under Sec. 63.752(f)(2)(i), that exceeds the applicable organic 
HAP or VOC content limit specified in Sec. 63.747(c);
    (3) Where a control device is used,
    (i) If incinerators are used to comply with the standards, all 
periods when the 3-hour average combustion temperature(s) is (are) less 
than the average combustion temperature(s) established under 
Sec. 63.751(b) (11) or (12) during the most recent performance test 
during which compliance was demonstrated;
    (ii) If a carbon adsorber is used,
    (A) each rolling period when the overall control efficiency of the 
control system is calculated to be less than 81%, the initial material 
balance calculation, and any exceedances as demonstrated through the 
calculation; or,
    (B) for nonregenerative carbon adsorbers, submit the design 
evaluation, the continuous monitoring system performance report, and any 
excess emissions as demonstrated through deviations of monitored values.
    (iii) For control devices other than an incinerator or carbon 
adsorber, each exceedance of the operating parameter(s) established for 
the control device under the initial performance test during which 
compliance was demonstrated;

[[Page 987]]

    (4) All chemical milling maskants currently in use that were not 
listed in the notification of compliance status or any other subsequent 
semiannual report;
    (5) Descriptions of any control devices currently in use that were 
not listed in the notification of compliance status or any subsequent 
report; and
    (6) If the operations have been in compliance for the semiannual 
period, a statement that the chemical milling maskant application 
operation has been in compliance with the applicable standards.

[60 FR 45956, Sept. 1, 1996; 61 FR 4903, Feb. 9, 1996]
Secs. 63.754-63.759  [Reserved]



Subpart II--National Emission Standards for Shipbuilding and Ship Repair 
                            (Surface Coating)

    Source: 60 FR 64336, Dec. 15, 1995, unless otherwise noted.



Sec. 63.780  Relationship of subpart II to subpart A of this part.

    Table 1 of this subpart specifies the provisions of subpart A of 
this part that apply to owners and operators of sources subject to the 
provisions of this subpart.



Sec. 63.781  Applicability.

    (a) The provisions of this subpart apply to shipbuilding and ship 
repair operations at any facility that is a major source.
    (b) The provisions of this subpart do not apply to coatings used in 
volumes of less than 200 liters (52.8 gallons) per year, provided the 
total volume of coating exempt under this paragraph does not exceed 
1,000 liters per year (264 gallons per year) at any facility. Coatings 
exempt under this paragraph shall be clearly labeled as ``low-usage 
exempt,'' and the volume of each such coating applied shall be 
maintained in the facility's records.
    (c) The provisions of this subpart do not apply to coatings applied 
with hand-held, nonrefillable, aerosol containers or to unsaturated 
polyester resin (i.e., fiberglass lay-up) coatings. Coatings applied to 
suitably prepared fiberglass surfaces for protective or decorative 
purposes are subject to this subpart.
    (d) The provisions in subpart A of this part pertaining to startups, 
shutdowns, and malfunctions and continuous monitoring do not apply to 
this source category unless an add-on control system is used to comply 
with this subpart in accordance with Sec. 63.783(c).



Sec. 63.782  Definitions.

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in subpart A of part 63, or in this section as follows:
    Add-on control system means an air pollution control device such as 
a carbon absorber or incinerator that reduces pollution in an air stream 
by destruction or removal prior to discharge to the atmosphere.
    Affected source means any shipbuilding or ship repair facility 
having surface coating operations with a minimum 1,000 liters (L) (264 
gallons [gal]) annual marine coating usage that is subject to this 
subpart.
    Air flask specialty coating means any special composition coating 
applied to interior surfaces of high pressure breathing air flasks to 
provide corrosion resistance and that is certified safe for use with 
breathing air supplies.
    Antenna specialty coating means any coating applied to equipment 
through which electromagnetic signals must pass for reception or 
transmission.
    Antifoulant specialty coating means any coating that is applied to 
the underwater portion of a vessel to prevent or reduce the attachment 
of biological organisms and that is registered with the EPA as a 
pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act.
    As applied means the condition of a coating at the time of 
application to the substrate, including any thinning solvent.
    As supplied means the condition of a coating before any thinning, as 
sold and delivered by the coating manufacturer to the user.
    Batch means the product of an individual production run of a coating 
manufacturer's process. A batch may

[[Page 988]]

vary in composition from other batches of the same product.
    Bitumens mean black or brown materials that are soluble in carbon 
disulfide and consist mainly of hydrocarbons.
    Bituminous resin coating means any coating that incorporates 
bitumens as a principal component and is formulated primarily to be 
applied to a substrate or surface to resist ultraviolet radiation and/or 
water.
    Certify means, in reference to the volatile organic compounds (VOC) 
content or volatile organic hazardous air pollutants (VOHAP) content of 
a coating, to attest to the VOC content as determined through analysis 
by Method 24 of appendix A to 40 CFR part 60 or through use of forms and 
procedures outlined in appendix A of this subpart, or to attest to the 
VOHAP content as determined through an Administrator-approved test 
method. In the case of conflicting results, Method 24 of Appendix A to 
40 CFR part 60 shall take precedence over the forms and procedures 
outlined in appendix A to this subpart for the options in which VOC is 
used as a surrogate for VOHAP.
    Coating means any material that can be applied as a thin layer to a 
substrate and which cures to form a continuous solid film.
    Cold-weather time period means any time during which the ambient 
temperature is below 4.5 deg.C (40 deg.F) and coating is to be applied.
    Container of coating means the container from which the coating is 
applied, including but not limited to a bucket or pot.
    Cure volatiles means reaction products which are emitted during the 
chemical reaction which takes place in some coating films at the cure 
temperature. These emissions are other than those from the solvents in 
the coating and may, in some cases, comprise a significant portion of 
total VOC and/or VOHAP emissions.
    Epoxy means any thermoset coating formed by reaction of an epoxy 
resin (i.e., a resin containing a reactive epoxide with a curing agent).
    Exempt compounds means specified organic compounds that are not 
considered VOC due to negligible photochemical reactivity. Exempt 
compounds are specified in 40 CFR 51.100(s).
    Facility means all contiguous or adjoining property that is under 
common ownership or control, including properties that are separated 
only by a road or other public right-of-way.
    General use coating means any coating that is not a specialty 
coating.
    Hazardous air pollutants (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the CAA.
    Heat resistant specialty coating means any coating that during 
normal use must withstand a temperature of at least 204 deg.C 
(400 deg.F).
    High-gloss specialty coating means any coating that achieves at 
least 85 percent reflectance on a 60 degree meter when tested by ASTM 
Method D523 (incorporation by reference--see Sec. 63.14).
    High-temperature specialty coating means any coating that during 
normal use must withstand a temperature of at least 426 deg.C 
(800 deg.F).
    Inorganic zinc (high-build) specialty coating means a coating that 
contains 960 grams per liter (8 pounds per gallon) or more elemental 
zinc incorporated into an inorganic silicate binder that is applied to 
steel to provide galvanic corrosion resistance. (These coatings are 
typically applied at more than 2 mil dry film thickness.)
    Major source means any source that emits or has the potential to 
emit, in the aggregate, 9.1 megagrams per year (10 tons per year) or 
more of any HAP or 22.7 megagrams per year (25 tons per year) or more of 
any combination of HAP.
    Maximum allowable thinning ratio means the maximum volume of thinner 
that can be added per volume of coating without violating the standards 
of Sec. 63.783(a), as determined using Equation 1 of this subpart.
    Military exterior specialty coating or Chemical Agent Resistant 
Coatings (``CARC'') means any exterior topcoat applied to military or 
U.S. Coast Guard vessels that are subject to specific chemical, 
biological, and radiological washdown requirements.
    Mist specialty coating means any low viscosity, thin film, epoxy 
coating applied to an inorganic zinc primer that penetrates the porous 
zinc primer and

[[Page 989]]

allows the occluded air to escape through the paint film prior to 
curing.
    Navigational aids specialty coating means any coating applied to 
Coast Guard buoys or other Coast Guard waterway markers when they are 
recoated aboard ship at their usage site and immediately returned to the 
water.
    Nonskid specialty coating means any coating applied to the 
horizontal surfaces of a marine vessel for the specific purpose of 
providing slip resistance for personnel, vehicles, or aircraft.
    Nonvolatiles (or volume solids) means substances that do not 
evaporate readily. This term refers to the film-forming material of a 
coating.
    Normally closed means a container or piping system is closed unless 
an operator is actively engaged in adding or removing material.
    Nuclear specialty coating means any protective coating used to seal 
porous surfaces such as steel (or concrete) that otherwise would be 
subject to intrusion by radioactive materials. These coatings must be 
resistant to long-term (service life) cumulative radiation exposure 
(ASTM D4082-89 [incorporation by reference--see Sec. 63.14]), relatively 
easy to decontaminate (ASTM D4256-89 [reapproved 1994] [incorporation by 
reference--see Sec. 63.14]), and resistant to various chemicals to which 
the coatings are likely to be exposed (ASTM D3912-80 [incorporation by 
reference--see Sec. 63.14]). [For nuclear coatings, see the general 
protective requirements outlined by the U.S. Nuclear Regulatory 
Commission in a report entitled ``U.S. Atomic Energy Commission 
Regulatory Guide 1.54'' dated June 1973, available through the 
Government Printing Office at (202) 512-2249 as document number A74062-
00001.]
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limitation or standard.
    Organic zinc specialty coating means any coating derived from zinc 
dust incorporated into an organic binder that contains more than 960 
grams of elemental zinc per liter (8 pounds per gallon) of coating, as 
applied, and that is used for the expressed purpose of corrosion 
protection.
    Pleasure craft means any marine or fresh-water vessel used by 
individuals for noncommercial, nonmilitary, and recreational purposes 
that is less than 20 meters in length. A vessel rented exclusively to or 
chartered by individuals for such purposes shall be considered a 
pleasure craft.
    Pretreatment wash primer specialty coating means any coating that 
contains a minimum of 0.5 percent acid, by mass, and is applied only to 
bare metal to etch the surface and enhance adhesion of subsequent 
coatings.
    Repair and maintenance of thermoplastic coating of commercial 
vessels (specialty coating) means any vinyl, chlorinated rubber, or 
bituminous resin coating that is applied over the same type of existing 
coating to perform the partial recoating of any in-use commercial 
vessel. (This definition does not include coal tar epoxy coatings, which 
are considered ``general use'' coatings.)
    Rubber camouflage specialty coating means any specially formulated 
epoxy coating used as a camouflage topcoat for exterior submarine hulls 
and sonar domes.
    Sealant for thermal spray aluminum means any epoxy coating applied 
to thermal spray aluminum surfaces at a maximum thickness of 1 dry mil.
    Ship means any marine or fresh-water vessel used for military or 
commercial operations, including self-propelled vessels, those propelled 
by other craft (barges), and navigational aids (buoys). This definition 
includes, but is not limited to, all military and Coast Guard vessels, 
commercial cargo and passenger (cruise) ships, ferries, barges, tankers, 
container ships, patrol and pilot boats, and dredges. For purposes of 
this subpart, pleasure crafts and offshore oil and gas drilling 
platforms are not considered ships.
    Shipbuilding and ship repair operations means any building, repair, 
repainting, converting, or alteration of ships.
    Special marking specialty coating means any coating that is used for 
safety or identification applications,

[[Page 990]]

such as markings on flight decks and ships' numbers.
    Specialty coating means any coating that is manufactured and used 
for one of the specialized applications described within this list of 
definitions.
    Specialty interior coating means any coating used on interior 
surfaces aboard U.S. military vessels pursuant to a coating 
specification that requires the coating to meet specified fire retardant 
and low toxicity requirements, in addition to the other applicable 
military physical and performance requirements.
    Tack specialty coating means any thin film epoxy coating applied at 
a maximum thickness of 2 dry mils to prepare an epoxy coating that has 
dried beyond the time limit specified by the manufacturer for the 
application of the next coat.
    Thinner means a liquid that is used to reduce the viscosity of a 
coating and that evaporates before or during the cure of a film.
    Thinning ratio means the volumetric ratio of thinner to coating, as 
supplied.
    Thinning solvent: see Thinner.
    Undersea weapons systems specialty coating means any coating applied 
to any component of a weapons system intended to be launched or fired 
from under the sea.
    Volatile organic compounds (VOC) is as defined in Sec. 51.100(s) of 
this chapter.
    Volatile organic hazardous air pollutants (VOHAP) means any compound 
listed in or pursuant to section 112(b) of the CAA that contains carbon, 
excluding metallic carbides and carbonates. This definition includes VOC 
listed as HAP and exempt compounds listed as HAP.
    Weld-through preconstruction primer (specialty coating) means a 
coating that provides corrosion protection for steel during inventory, 
is typically applied at less than 1 mil dry film thickness, does not 
require removal prior to welding, is temperature resistant (burn back 
from a weld is less than 1.25 centimeters [0.5 inch]), and does not 
normally require removal before applying film-building coatings, 
including inorganic zinc high-build coatings. When constructing new 
vessels, there may be a need to remove areas of weld-through 
preconstruction primer due to surface damage or contamination prior to 
application of film-building coatings.



Sec. 63.783  Standards.

    (a) No owner or operator of any existing or new affected source 
shall cause or allow the application of any coating to a ship with an 
as-applied VOHAP content exceeding the applicable limit given in Table 2 
of this subpart, as determined by the procedures described in 
Sec. 63.785 (c)(1) through (c)(4). For the compliance procedures 
described in Sec. 63.785 (c)(1) through (c)(3), VOC shall be used as a 
surrogate for VOHAP, and Method 24 of Appendix A to 40 CFR part 60 shall 
be used as the definitive measure for determining compliance. For the 
compliance procedure described in Sec. 63.785(c)(4), an alternative test 
method capable of measuring independent VOHAP shall be used to determine 
compliance. The method must be submitted to and approved by the 
Administrator.
    (b) Each owner or operator of a new or existing affected source 
shall ensure that:
    (1) All handling and transfer of VOHAP-containing materials to and 
from containers, tanks, vats, drums, and piping systems is conducted in 
a manner that minimizes spills.
    (2) All containers, tanks, vats, drums, and piping systems are free 
of cracks, holes, and other defects and remain closed unless materials 
are being added to or removed from them.
    (c) Approval of alternative means of limiting emissions. (1) The 
owner or operator of an affected source may apply to the Administrator 
for permission to use an alternative means (such as an add-on control 
system) of limiting emissions from coating operations. The application 
must include:
    (i) An engineering material balance evaluation that provides a 
comparison of the emissions that would be achieved using the alternative 
means to those that would result from using coatings that comply with 
the limits in Table 2 of this subpart, or the results from an emission 
test that accurately measures the capture efficiency and control device 
efficiency achieved by the control system and the composition of the 
associated coatings so that the emissions comparison can be made;

[[Page 991]]

    (ii) A proposed monitoring protocol that includes operating 
parameter values to be monitored for compliance and an explanation of 
how the operating parameter values will be established through a 
performance test; and
    (iii) Details of appropriate recordkeeping and reporting procedures.
    (2) The Administrator shall approve the alternative means of 
limiting emissions if, in the Administrator's judgment, postcontrol 
emissions of VOHAP per volume applied solids will be no greater than 
those from the use of coatings that comply with the limits in Table 2 of 
this subpart.
    (3) The Administrator may condition approval on operation, 
maintenance, and monitoring requirements to ensure that emissions from 
the source are no greater than those that would otherwise result from 
this subpart.



Sec. 63.784  Compliance dates.

    (a) Each owner or operator of an existing affected source shall 
comply within two years after the effective date of this subpart.
    (b) Each owner or operator of an existing unaffected area source 
that increases its emissions of (or its potential to emit) HAP such that 
the source becomes a major source that is subject to this subpart shall 
comply within 1 year after the date of becoming a major source.
    (c) Each owner or operator of a new or reconstructed source shall 
comply with this subpart according to the schedule in Sec. 63.6(b).

[60 FR 64336, Dec. 15, 1995, as amended at 61 FR 30816, June 18, 1996]

    Effective Date Note: At 61 FR 30816, June 18, 1996, in Sec. 63.784, 
paragraph (a) was revised, effective Aug. 19, 1996. For the convenience 
of the user, the superseded text is set forth as follows.
Sec. 63.784  Compliance dates.
    (a) Each owner or operator of an existing affected source shall 
comply within 1 year after the effective date of this subpart.

                                * * * * *



Sec. 63.785  Compliance procedures.

    (a) For each batch of coating that is received by an affected 
source, the owner or operator shall (see Figure 1 of this section for a 
flow diagram of the compliance procedures):
    (1) Determine the coating category and the applicable VOHAP limit as 
specified in Sec. 63.783(a).
    (2) Certify the as-supplied VOC content of the batch of coating. The 
owner or operator may use a certification supplied by the manufacturer 
for the batch, although the owner or operator retains liability should 
subsequent testing reveal a violation. If the owner or operator performs 
the certification testing, only one of the containers in which the batch 
of coating was received is required to be tested.
    (b)(1) In lieu of testing each batch of coating, as applied, the 
owner or operator may determine compliance with the VOHAP limits using 
any combination of the procedures described in paragraphs (c)(1), 
(c)(2), (c)(3), and (c)(4) of this section. The procedure used for each 
coating shall be determined and documented prior to application.
    (2) The results of any compliance demonstration conducted by the 
affected source or any regulatory agency using Method 24 shall take 
precedence over the results using the procedures in paragraphs (c)(1), 
(c)(2), or (c)(3) of this section.
    (3) The results of any compliance demonstration conducted by the 
affected source or any regulatory agency using an approved test method 
to determine VOHAP content shall take precedence over the results using 
the procedures in paragraph (c)(4) of this section.
    (c)(1) Coatings to which thinning solvent will not be added. For 
coatings to which thinning solvent (or any other material) will not be 
added under any circumstance or to which only water is added, the owner 
or operator of an affected source shall comply as follows:
    (i) Certify the as-applied VOC content of each batch of coating.
    (ii) Notify the persons responsible for applying the coating that no 
thinning solvent may be added to the coating by affixing a label to each 
container of coating in the batch or through another means described in 
the implementation plan required in Sec. 63.787(b).
    (iii) If the certified as-applied VOC content of each batch of 
coating used during a calendar month is less than or

[[Page 992]]

equal to the applicable VOHAP limit in Sec. 63.783(a) (either in terms 
of g/L of coating or g/L of solids), then compliance is demonstrated for 
that calendar month, unless a violation is revealed using Method 24 of 
Appendix A to 40 CFR part 60.
    (2) Coatings to which thinning solvent will be added--coating-by-
coating compliance. For a coating to which thinning solvent is routinely 
or sometimes added, the owner or operator shall comply as follows:
    (i) Prior to the first application of each batch, designate a single 
thinner for the coating and calculate the maximum allowable thinning 
ratio (or ratios, if the affected source complies with the cold-weather 
limits in addition to the other limits specified in Table 2 of this 
subpart) for each batch as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.191

where:

R=Maximum allowable thinning ratio for a given batch (L thinner/L 
coating as supplied);
Vs=Volume fraction of solids in the batch as supplied (L solids/L 
coating as supplied);
VOHAP limit=Maximum allowable as-applied VOHAP content of the coating (g 
VOHAP/L solids);
mVOC=VOC content of the batch as supplied [g VOC (including cure 
volatiles and exempt compounds on the HAP list)/L coating (including 
water and exempt compounds) as supplied];
Dth=Density of the thinner (g/L).

    If Vs is not supplied directly by the coating manufacturer, the 
owner or operator shall determine Vs as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.192

where:

mvolatiles=Total volatiles in the batch, including VOC, water, and 
exempt compounds (g/L coating); and
Davg=Average density of volatiles in the batch (g/L).

    The procedures specified in Sec. 63.786(d) may be used to determine 
the values of variables defined in this paragraph. In addition, the 
owner or operator may choose to construct nomographs, based on Equation 
1 of this subpart, similar or identical to the one provided in appendix 
B of this subpart as a means of easily estimating the maximum allowable 
thinning ratio.
    (ii) Prior to the first application of each batch, notify painters 
and other persons, as necessary, of the designated thinner and maximum 
allowable thinning ratio(s) for each batch of the coating by affixing a 
label to each container of coating or through another means described in 
the implementation plan required in Sec. 63.787(b).
    (iii) By the 15th day of each calendar month, determine the volume 
of each batch of the coating used, as supplied, during the previous 
month.
    (iv) By the 15th day of each calendar month, determine the total 
allowable volume of thinner for the coating used during the previous 
month as follows:
[GRAPHIC] [TIFF OMITTED] TR15DE95.193

where:

Vth=Total allowable volume of thinner for the previous month (L 
thinner);
Vb=Volume of each batch, as supplied and before being thinned, used 
during non-cold-weather days of the previous month (L coating as 
supplied);
Rcold=Maximum allowable thinning ratio for each batch used during 
cold-weather days (L thinner/L coating as supplied);
Vb-cold=Volume of each batch, as supplied and before being thinned, 
used during cold-weather days of the previous month (L coating as 
supplied);

[[Page 993]]

i=Each batch of coating; and
n=Total number of batches of the coating.
    (v) By the 15th day of each calendar month, determine the volume of 
thinner actually used with the coating during the previous month.
    (vi) If the volume of thinner actually used with the coating 
[paragraph (c)(3)(v) of this section] is less than or equal to the total 
allowable volume of thinner for the coating [paragraph (c)(3)(iv) of 
this section], then compliance is demonstrated for the coating for the 
previous month, unless a violation is revealed using Method 24 of 
Appendix A to 40 CFR part 60.
    (3) Coatings to which the same thinning solvent will be added--group 
compliance. For coatings to which the same thinning solvent (or other 
material) is routinely or sometimes added, the owner or operator shall 
comply as follows:
    (i) Designate a single thinner to be added to each coating during 
the month and ``group'' coatings according to their designated thinner.
    (ii) Prior to the first application of each batch, calculate the 
maximum allowable thinning ratio (or ratios, if the affected source 
complies with the cold-weather limits in addition to the other limits 
specified in Table 2 of this subpart) for each batch of coating in the 
group using the equations in paragraph (c)(2) of this section.
    (iii) Prior to the first application of each ``batch,'' notify 
painters and other persons, as necessary, of the designated thinner and 
maximum allowable thinning ratio(s) for each batch in the group by 
affixing a label to each container of coating or through another means 
described in the implementation plan required in Sec. 63.787(b).
    (iv) By the 15th day of each calendar month, determine the volume of 
each batch of the group used, as supplied, during the previous month.
    (v) By the 15th day of each calendar month, determine the total 
allowable volume of thinner for the group for the previous month using 
Equation 3 of this subpart.
    (vi) By the 15th day of each calendar month, determine the volume of 
thinner actually used with the group during the previous month.
    (vii) If the volume of thinner actually used with the group 
[paragraph (c)(3)(vi) of this section] is less than or equal to the 
total allowable volume of thinner for the group [paragraph (c)(3)(v) of 
this section], then compliance is demonstrated for the group for the 
previous month, unless a violation is revealed using Method 24 of 
Appendix A to 40 CFR part 60.
    (4) Demonstration of compliance through an alternative (i.e., other 
than Method 24 of Appendix A to 40 CFR part 60) test method. The owner 
or operator shall comply as follows:
    (i) Certify the as-supplied VOHAP content (g VOHAP/L solids) of each 
batch of coating.
    (ii) If no thinning solvent will be added to the coating, the owner 
or operator of an affected source shall follow the procedure described 
in Sec. 63.785(c)(1), except that VOHAP content shall be used in lieu of 
VOC content.
    (iii) If thinning solvent will be added to the coating, the owner or 
operator of an affected source shall follow the procedure described in 
Sec. 63.785(c)(2) or (3), except that in Equation 1 of this subpart: the 
term ``mVOC'' shall be replaced by the term ``mVOHAP,'' 
defined as the VOHAP content of the coating as supplied (g VOHAP/L 
coating) and the term ``Dth'' shall be replaced by the term 
``Dth(VOHAP)'' defined as the average density of the VOHAP 
thinner(s) (g/L).
    (d) A violation revealed through any approved test method shall 
result in a 1-day violation for enforcement purposes. A violation 
revealed through the recordkeeping procedures described in paragraphs 
(c)(1) through (c)(4) of this section shall result in a 30-day violation 
for enforcement purposes, unless the owner or operator provides 
sufficient data to demonstrate the specific days during which 
noncompliant coatings were applied.

[[Page 994]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.045



[[Page 995]]



Sec. 63.786  Test methods and procedures.

    (a) For the compliance procedures described in Sec. 63.785(c) (1) 
through (c)(3), Method 24 of 40 CFR part 60, appendix A, is the 
definitive method for determining the VOC content of coatings, as 
supplied or as applied. When a coating or thinner contains exempt 
compounds that are volatile HAP or VOHAP, the owner or operator shall 
ensure, when determining the VOC content of a coating, that the mass of 
these exempt compounds is included.
    (b) For the compliance procedure described in Sec. 63.785(c)(4), the 
Administrator must approve the test method for determining the VOHAP 
content of coatings and thinners. As part of the approval, the test 
method must meet the specified accuracy limits indicated below for 
sensitivity, duplicates, repeatability, and reproducibility coefficient 
of variation each determined at the 95 percent confidence limit. Each 
percentage value below is the corresponding coefficient of variation 
multiplied by 2.8 as in the ASTM Method E180-93: Standard Practice for 
Determining the Precision of ASTM Methods for Analysis and Testing of 
Industrial Chemicals (incorporation by reference--see Sec. 63.14).
    (1) Sensitivity. The overall sensitivity must be sufficient to 
identify and calculate at least one mass percent of the compounds of 
interest based on the original sample. The sensitivity is defined as ten 
times the noise level as specified in ASTM Method D3257-93: Standard 
Test Methods for Aromatics in Mineral Spirits by Gas Chromatography 
(incorporation by reference--see Sec. 63.14). In determining the 
sensitivity, the level of sample dilution must be factored in.
    (2) Repeatability. First, at the 0.1-5 percent analyte range the 
results would be suspect if duplicates vary by more than 6 percent 
relative and/or day to day variation of mean duplicates by the same 
analyst exceeds 10 percent relative. Second, at greater than 5 percent 
analyte range the results would be suspect if duplicates vary by more 
than 5 percent relative and/or day to day variation of duplicates by the 
same analyst exceeds 5 percent relative.
    (3) Reproducibility. First, at the 0.1-5 percent analyte range the 
results would be suspect if lab to lab variation exceeds 60 percent 
relative. Second, at greater than 5 percent range the results would be 
suspect if lab to lab variation exceeds 20 percent relative.
    (4) Any test method should include information on the apparatus, 
reagents and materials, analytical procedure, procedure for 
identification and confirmation of the volatile species in the mixture 
being analyzed, precision and bias, and other details to be reported. 
The reporting should also include information on quality assurance (QA) 
auditing.
    (5) Multiple and different analytical techniques must be used for 
positive identification if the components in a mixture under analysis 
are not known. In such cases a single column gas chromatograph (GC) may 
not be adequate. A combination of equipment may be needed such as a GC/
mass spectrometer or GC/infrared system. (If a GC method is used, the 
operator must use practices in ASTM Method E260-91: Standard Practice 
for Gas Chromatography [incorporation by reference--see Sec. 63.14].)
    (c) A coating manufacturer or the owner or operator of an affected 
source may use batch formulation data as a test method in lieu of Method 
24 of Appendix A to 40 CFR part 60 to certify the as-supplied VOC 
content of a coating if the manufacturer or the owner or operator has 
determined that batch formulation data have a consistent and 
quantitatively known relationship to Method 24 results. This 
determination shall consider the role of cure volatiles, which may cause 
emissions to exceed an amount based solely upon coating formulation 
data. Notwithstanding such determination, in the event of conflicting 
results, Method 24 of appendix A of 40 CFR part 60 shall take 
precedence.
    (d) Each owner or operator of an affected source shall use or ensure 
that the manufacturer uses the form and procedures mentioned in appendix 
A of this subpart to determine values for the thinner and coating 
parameters used in Equations 1 and 2 of this subpart. The owner or 
operator shall ensure that the coating/thinner manufacturer (or 
supplier) provides information on the VOC and VOHAP contents of the

[[Page 996]]

coatings/thinners and the procedure(s) used to determine these values.



Sec. 63.787  Notification requirements.

    (a) Each owner or operator of an affected source shall comply with 
all applicable notification requirements in Sec. 63.9(a) through (d) and 
(i) through (j), with the exception that the deadline specified in 
Sec. 63.9(b) (2) and (3) shall be extended from 120 days to 180 days. 
Any owner or operator that receives approval pursuant to Sec. 63.783(c) 
to use an add-on control system to control coating emissions shall 
comply with the applicable requirements of Sec. 63.9(e) through (h).
    (b) Implementation plan. The provisions of Sec. 63.9(a) apply to the 
requirements of this paragraph.
    (1) Each owner or operator of an affected source shall:
    (i) Prepare a written implementation plan that addresses each of the 
subject areas specified in paragraph (b)(3) of this section; and
    (ii) Not later than one year after the effective date of this 
subpart, submit the implementation plan to the Administrator along with 
the notification required by Sec. 63.9(b)(2) or (b)(5) of subpart A, as 
applicable.
    (2) The Administrator may require revisions to the initial plan 
where the Administrator finds that the plan does not adequately address 
each subject area listed in paragraph (b)(3) of this section or that the 
requirements in the plan are unclear.
    (3) Implementation plan contents. Each implementation plan shall 
address the following subject areas:
    (i) Coating compliance procedures. The implementation plan shall 
include the compliance procedure(s) under Sec. 63.785(c) that the source 
intends to use.
    (ii) Recordkeeping procedures. The implementation plan shall include 
the procedures for maintaining the records required under Sec. 63.788, 
including the procedures for gathering the necessary data and making the 
necessary calculations.
    (iii) Transfer, handling, and storage procedures. The implementation 
plan shall include the procedures for ensuring compliance with 
Sec. 63.783(b).
    (4) Major sources that intend to become area sources by the 
compliance date. Existing major sources that intend to become area 
sources by the December 16, 1997 compliance date may choose to submit, 
in lieu of the implementation plan required under paragraph (b)(1) of 
this section, a statement that, by the compliance date, the major source 
intends to obtain and comply with federally enforceable limits on their 
potential to emit which make the facility an area source.

[60 FR 64336, Dec. 15, 1995, as amended at 61 FR 30816, June 18, 1996]

    Effective Date Note: At 61 FR 30816, June 18, 1996, in Sec. 63.787, 
paragraphs (b)(1)(ii) and (b)(4) were revised, and paragraph (b)(2) was 
removed and reserved, effective Aug. 19, 1996. For the convenience of 
the user, the superseded text is set forth as follows.
Sec. 63.787  Notification requirements.

                                * * * * *

    (b)
    (1)
    (ii) Not later than 180 days after the effective date of this 
subpart, submit the implementation plan to the Administrator for 
approval along with the notification required by Sec. 63.9(b) (2) or 
(5), as applicable.

                                * * * * *

    (4) Major sources that intend to become area sources by the 
compliance date. Existing major sources that intend to become area 
sources by the compliance date December 16, 1996 may choose to submit, 
in lieu of the implementation plan required under paragraph (b)(1) of 
this section, a statement that, by the compliance date, the major source 
intends to obtain and comply with federally enforceable limits on their 
potential to emit which make the facility an area source.



Sec. 63.788  Recordkeeping and reporting requirements.

    (a) Each owner or operator of an affected source shall comply with 
the applicable recordkeeping and reporting requirements in Sec. 63.10 
(a), (b), (d), and (f). Any owner that receives approval pursuant to 
Sec. 63.783(c) to use an add-on control system to control coating 
emissions shall also comply with the applicable requirements of 
Sec. 63.10 (c) and (e). A summary of recordkeeping and reporting 
requirements is provided in Table 3 of this subpart.

[[Page 997]]

    (b) Recordkeeping requirements. (1) Each owner or operator of an 
unaffected major source, as described in Sec. 63.781(b), shall record 
the total volume of coating applied at the source to ships. Such records 
shall be compiled monthly and maintained for a minimum of 5 years.
    (2) Each owner or operator of an affected source shall compile 
records on a monthly basis and maintain those records for a minimum of 5 
years. At a minimum, these records shall include:
    (i) All documentation supporting initial notification;
    (ii) A copy of the affected source's approved implementation plan;
    (iii) The volume of each low-usage-exempt coating applied;
    (iv) Identification of the coatings used, their appropriate coating 
categories, and the applicable VOHAP limit;
    (v) Certification of the as-supplied VOC content of each batch of 
coating;
    (vi) A determination of whether containers meet the standards as 
described in Sec. 63.783(b)(2); and
    (vii) The results of any Method 24 of appendix A to 40 CFR part 60 
or approved VOHAP measurement test conducted on individual containers of 
coating, as applied.
    (3) The records required by paragraph (b)(2) of this section shall 
include additional information, as determined by the compliance 
procedure(s) described in Sec. 63.785(c) that each affected source 
followed:
    (i) Coatings to which thinning solvent will not be added. The 
records maintained by facilities demonstrating compliance using the 
procedure described in Sec. 63.785(c)(1) shall contain the following 
information:
    (A) Certification of the as-applied VOC content of each batch of 
coating; and
    (B) The volume of each coating applied.
    (ii) Coatings to which thinning solvent will be added--coating-by-
coating compliance. The records maintained by facilities demonstrating 
compliance using the procedure described in Sec. 63.785(c)(2) shall 
contain the following information:
    (A) The density and mass fraction of water and exempt compounds of 
each thinner and the volume fraction of solids (nonvolatiles) in each 
batch, including any calculations;
    (B) The maximum allowable thinning ratio (or ratios, if the affected 
source complies with the cold-weather limits in addition to the other 
limits specified in Table 2 of this subpart) for each batch of coating, 
including calculations;
    (C) If an affected source chooses to comply with the cold-weather 
limits, the dates and times during which the ambient temperature at the 
affected source was below 4.5 deg.C (40 deg.F) at the time the coating 
was applied and the volume used of each batch of the coating, as 
supplied, during these dates;
    (D) The volume used of each batch of the coating, as supplied;
    (E) The total allowable volume of thinner for each coating, 
including calculations; and
    (F) The actual volume of thinner used for each coating.
    (iii) Coatings to which the same thinning solvent will be added--
group compliance. The records maintained by facilities demonstrating 
compliance using the procedure described in Sec. 63.785(c)(3) shall 
contain the following information:
    (A) The density and mass fraction of water and exempt compounds of 
each thinner and the volume fraction of solids in each batch, including 
any calculations;
    (B) The maximum allowable thinning ratio (or ratios, if the affected 
source complies with the cold-weather limits in addition to the other 
limits specified in Table 2 of this subpart) for each batch of coating, 
including calculations;
    (C) If an affected source chooses to comply with the cold-weather 
limits, the dates and times during which the ambient temperature at the 
affected source was below 4.5 deg.C (40 deg.F) at the time the coating 
was applied and the volume used of each batch in the group, as supplied, 
during these dates;
    (D) Identification of each group of coatings and their designated 
thinners;
    (E) The volume used of each batch of coating in the group, as 
supplied;
    (F) The total allowable volume of thinner for the group, including 
calculations; and

[[Page 998]]

    (G) The actual volume of thinner used for the group.
    (iv) Demonstration of compliance through an alternative (i.e., non-
Method 24 in appendix A to 40 CFR part 60) test method. The records 
maintained by facilities demonstrating compliance using the procedure 
described in Sec. 63.785(c)(4) shall contain the following information:
    (A) Identification of the Administrator-approved VOHAP test method 
or certification procedure;
    (B) For coatings to which the affected source does not add thinning 
solvents, the source shall record the certification of the as-supplied 
and as-applied VOHAP content of each batch and the volume of each 
coating applied;
    (C) For coatings to which the affected source adds thinning solvent 
on a coating-by-coating basis, the source shall record all of the 
information required to be recorded by paragraph (b)(3)(ii) of this 
section; and
    (D) For coatings to which the affected source adds thinning solvent 
on a group basis, the source shall record all of the information 
required to be recorded by paragraph (b)(3)(iii) of this section.
    (4) If the owner or operator of an affected source detects a 
violation of the standards specified in Sec. 63.783, the owner or 
operator shall, for the remainder of the reporting period during which 
the violation(s) occurred, include the following information in his or 
her records:
    (i) A summary of the number and duration of deviations during the 
reporting period, classified by reason, including known causes for which 
a Federally-approved or promulgated exemption from an emission 
limitation or standard may apply.
    (ii) Identification of the data availability achieved during the 
reporting period, including a summary of the number and total duration 
of incidents that the monitoring protocol failed to perform in 
accordance with the design of the protocol or produced data that did not 
meet minimum data accuracy and precision requirements, classified by 
reason.
    (iii) Identification of the compliance status as of the last day of 
the reporting period and whether compliance was continuous or 
intermittent during the reporting period.
    (iv) If, pursuant to paragraph (b)(4)(iii) of this section, the 
owner or operator identifies any deviation as resulting from a known 
cause for which no Federally-approved or promulgated exemption from an 
emission limitation or standard applies, the monitoring report shall 
also include all records that the source is required to maintain that 
pertain to the periods during which such deviation occurred and:
    (A) The magnitude of each deviation;
    (B) The reason for each deviation;
    (C) A description of the corrective action taken for each deviation, 
including action taken to minimize each deviation and action taken to 
prevent recurrence; and
    (D) All quality assurance activities performed on any element of the 
monitoring protocol.
    (c) Reporting requirements. Before the 60th day following completion 
of each 6-month period after the compliance date specified in 
Sec. 63.784, each owner or operator of an affected source shall submit a 
report to the Administrator for each of the previous 6 months. The 
report shall include all of the information that must be retained 
pursuant to paragraphs (b) (2) through (3) of this section, except for 
that information specified in paragraphs (b)(2) (i) through (ii), 
(b)(2)(v), (b)(3)(i)(A), (b)(3)(ii)(A), and (b)(3)(iii)(A). If a 
violation at an affected source is detected, the source shall also 
report the information specified in paragraph (b)(4) of this section for 
the reporting period during which the violation(s) occurred. To the 
extent possible, the report shall be organized according to the 
compliance procedure(s) followed each month by the affected source.

               Table 1 To Subpart II of Part 63--General Provisions of Applicability to Subpart II              
----------------------------------------------------------------------------------------------------------------
              Reference                 Applies to subpart II                       Comment                     
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)-(3).......................  Yes...................  .................................................

[[Page 999]]

                                                                                                                
63.1(a)(4)...........................  Yes...................  Subpart II clarifies the applicability of each   
                                                                paragraph in subpart A to sources subject to    
                                                                subpart II.                                     
63.1(a)(5)-(7).......................  Yes...................                                                   
63.1(a)(8)...........................  No....................  Discusses State programs.                        
63.1(a)(9)-(14)......................  Yes...................                                                   
63.1(b)(1)...........................  Yes...................  Sec.  63.781 specifies applicability in more     
                                                                detail.                                         
63.1(b)(2)-(3).......................  Yes...................                                                   
63.1(c)-(e)..........................  Yes...................                                                   
63.2.................................  Yes...................  Additional terms are defined in Sec.  63.782;    
                                                                when overlap between subparts A and II occurs,  
                                                                subpart II takes precedence.                    
63.3.................................  Yes...................  Other units used in subpart II are defined in    
                                                                that subpart.                                   
63.4.................................  Yes...................                                                   
63.5(a)-(c)..........................  Yes...................                                                   
63.5(d)..............................  Yes...................  Except information on control devices and control
                                                                efficiencies should not be included in the      
                                                                application unless an add-on control system is  
                                                                or will be used to comply with subpart II in    
                                                                accordance with Sec.  63.783(c).                
63.5(e)-(f)..........................  Yes...................                                                   
63.6(a)-(b)..........................  Yes...................                                                   
63.6(c)-(d)..........................  Yes...................  Except Sec.  63.784(a) specifies the compliance  
                                                                date for existing affected sources.             
63.6(e)-(f)..........................  No....................  If an alternative means of limiting emissions    
                                                                (e.g., an add-on control system) is used to     
                                                                comply with subpart II in accordance with Sec.  
                                                                63.783(c), then these paragraphs do apply.      
63.6(g)..............................  No....................  Sec.  63.783(c) specifies procedures for         
                                                                application and approval of alternative means of
                                                                limiting emissions.                             
63.6(h)..............................  No....................  Subpart II does not contain any opacity or       
                                                                visible emission standards.                     
63.6(i)-(j)..........................  Yes...................                                                   
63.7.................................  No....................  If an alternative means of limiting emissions    
                                                                (e.g., an add-on control system) is used to     
                                                                comply with subpart II in accordance with Sec.  
                                                                63.783(c), then this section does apply.        
63.8.................................  No....................  If an alternative means of limiting emissions    
                                                                (e.g., an add-on control system) is used to     
                                                                comply with subpart II in accordance with Sec.  
                                                                63.783(c), then this section does apply.        
63.9(a)-(d)..........................  Yes...................  Sec.  63.787(a) extends the initial notification 
                                                                deadline to 180 days. Sec.  63.787(b) requires  
                                                                an implementation plan to be submitted with the 
                                                                initial notification.                           
63.9(e)..............................  No....................  If an alternative means of limiting emissions    
                                                                (e.g., an add-on control system) is used to     
                                                                comply with subpart II in accordance with Sec.  
                                                                63.783(c), then this paragraph does apply.      
63.9(f)..............................  No....................  Subpart II does not contain any opacity or       
                                                                visible emission standards                      
63.9(g)-(h)..........................  No....................  If an alternative means of limiting emissions    
                                                                (e.g., an add-on control system) is used to     
                                                                comply with subpart II in accordance with Sec.  
                                                                63.783(c) then these paragraphs do apply.       
63.9(i)-(j)..........................  Yes...................                                                   
63.10(a)-(b).........................  Yes...................  Sec.  63.788(b)-(c) list additional recordkeeping
                                                                and reporting requirements.                     
63.10(c).............................  No....................  If an alternative means of limiting emissions    
                                                                (e.g., an add-on control system) is used to     
                                                                comply with subpart II in accordance with Sec.  
                                                                63.783(c), then this paragraph does apply.      
63.10(d).............................  Yes...................                                                   
63.10(e).............................  No....................  If an alternative means of limiting emissions    
                                                                (e.g., an add-on control system) is used to     
                                                                comply with subpart II in accordance with Sec.  
                                                                63.783(c), then this paragraph does apply.      
63.10(f).............................  Yes...................                                                   
63.11................................  No....................  If an alternative means of limiting emissions    
                                                                (e.g., an add-on control system) is used to     
                                                                comply with subpart II in accordance with Sec.  
                                                                63.783(c), then this section does apply.        
63.12-63.15..........................  Yes...................                                                   
----------------------------------------------------------------------------------------------------------------


 Table 2 to Subpart II of Part 63.--Volatile Organic HAP (VOHAP) Limits 
                           for Marine Coatings                          
------------------------------------------------------------------------
                                             VOHAP limits a b c         
                                  --------------------------------------
                                   Grams/liter    Grams/liter solids d  
                                     coating   -------------------------
         Coating category             (minus                            
                                    water and    t  4.5      deg. C e 
                                    compounds)     deg. C               
------------------------------------------------------------------------
General use......................          340          571          728
Specialty:                                                              
  Air flask......................          340          571          728
  Antenna........................          530        1,439             
  Antifoulant....................          400          765          971
  Heat resistant.................          420          841        1,069
  High-gloss.....................          420          841        1,069
  High-temperature...............          500        1,237        1,597
  Inorganic zinc high-build......          340          571          728
  Military exterior..............          340          571          728

[[Page 1000]]

                                                                        
  Mist...........................          610        2,235             
  Navigational aids..............          550        1,597             
  Nonskid........................          340          571          728
  Nuclear........................          420          841        1,069
  Organic zinc...................          360          630          802
  Pretreatment wash primer.......          780       11,095             
  Repair and maint. of                                                  
   thermoplastics................          550        1,597             
  Rubber camouflage..............          340          571          728
  Sealant for thermal spray                                             
   aluminum......................          610        2,235             
  Special marking................          490        1,178             
  Specialty interior.............          340          571          728
  Tack coat......................          610        2,235             
  Undersea weapons systems.......          340          571          728
  Weld-through precon. primer....          650        2,885             
------------------------------------------------------------------------
a The limits are expressed in two sets of equivalent units. Either set  
  of limits may be used for the compliance procedure described in Sec.  
  63.785(c)(1), but only the limits expressed in units of g/L solids    
  (nonvolatiles) shall be used for the compliance procedures described  
  Sec.  63.785(c) (2) through (4).                                      
b VOC (including exempt compounds listed as HAP) shall be used as a     
  surrogate for VOHAP for those compliance procedures described in Sec. 
  63.785(c) (1) through (3).                                            
c To convert from g/L to lb/gal, multiply by (3.785 L/gal)(1/453.6 lb/g)
  or 1/120. For compliance purposes, metric units define the standards. 
d VOHAP limits expressed in units of mass of VOHAP per volume of solids 
  were derived from the VOHAP limits expressed in units of mass of VOHAP
  per volume of coating assuming the coatings contain no water or exempt
  compounds and that the volumes of all components within a coating are 
  additive.                                                             
e These limits apply during cold-weather time periods, as defined in    
  Sec.  63.782. Cold-weather allowances are not given to coatings in    
  categories that permit over a 40 percent VOHAP content by volume. Such
  coatings are subject to the same limits regardless of weather         
  conditions.                                                           


          Table 3 to Subpart II of Part 63.--Summary of Recordkeeping and Reporting Requirements a b c          
----------------------------------------------------------------------------------------------------------------
                                                     All Opts.       Option 1        Option 2        Option 3   
                   Requirement                   ---------------------------------------------------------------
                                                    Rec     Rep     Rec     Rep     Rec     Rep     Rec     Rep 
----------------------------------------------------------------------------------------------------------------
Notification (Sec.  63.9(a)-(d))................      X       X                                                 
Implementation plan (Sec.  63.787(b)) d.........      X       X                                                 
Volume of coating applied at unaffected major                                                                   
 sources (Sec.  63.781(b))......................      X                                                         
Volume of each low-usage-exempt coating applied                                                                 
 at affected sources (Sec.  63.781(c))..........      X       X                                                 
ID of the coatings used, their appropriate                                                                      
 coating categories, and the applicable VOHAP                                                                   
 limit..........................................      X       X                                                 
Determination of whether containers meet the                                                                    
 standards described in Sec.  63.783(b)(2)......      X       X                                                 
Results of M-24 or other approved tests.........      X       X                                                 
Certification of the as-supplied VOC content of                                                                 
 each batch.....................................      X                                                         
Certification of the as-applied VOC content of                                                                  
 each batch.....................................                      X                                         
Volume of each coating applied..................                      X       X                                 
Density of each thinner and volume fraction of                                                                  
 solids in each batch...........................                                      X       X                 
Maximum allowable thinning ratio(s) for each                                                                    
 batch..........................................                                      X       X       X       X 
Volume used of each batch, as supplied..........                                      X       X       X       X 
Total allowable volume of thinner...............                                      X       X       X       X 
Actual volume of thinner used...................                                      X       X       X       X 
Identification of each group of coatings and                                                                    
 designated thinners............................                                                      X       X 
----------------------------------------------------------------------------------------------------------------
a Affected sources that comply with the cold-weather limits must record and report additional information, as   
  specified in Sec.  63.788(b)(3) (ii)(C), (iii)(C), and (iv)(D).                                               
b Affected sources that detect a violation must record and report additional information, as specified in Sec.  
  63.788(b)(4).                                                                                                 
c OPTION 4: the recordkeeping and reporting requirements of Option 4 are identical to those of Options 1, 2, or 
  3, depending on whether and how thinners are used. However, when using Option 4, the term ``VOHAP'' shall be  
  used in lieu of the term ``VOC,'' and the owner or operator shall record and report the Administrator-approved
  VOHAP test method or certification procedure.                                                                 
d Major sources that intend to become area sources by the compliance date may, in lieu of submitting an         
  implementation plan, choose to submit a statement of intent as specified in Sec.  63.787(b)(4).               


[[Page 1001]]

         Appendix A to Subpart II of Part 63--VOC Data Sheet \1\

    Properties of the Coating ``As Supplied'' by the Manufacturer \2\

Coating Manufacturer:___________________________________________________
---------------------------------------------------------------------------

    * Incorporation by reference--see Sec. 63.14.
    \1\ Adapted from EPA-340/1-86-016 (July 1986), p. II-2.
    \2\ The subscript ``s'' denotes each value is for the coating ``as 
supplied'' by the manufacturer.
---------------------------------------------------------------------------

Coating Identification:_________________________________________________
Batch Identification:___________________________________________________
Supplied To:____________________________________________________________

    Properties of the coating as supplied \1\ to the customer:

A. Coating Density: (Dc)s ____ g/L
    [  ] ASTM D1475-90 *  [  ] Other \3\

      ..................................................................
---------------------------------------------------------------------------

    \3\ Explain the other method used under ``Remarks.''
---------------------------------------------------------------------------

B. Total Volatiles: (mv)s ____ Mass Percent
    [  ] ASTM D2369-93 * [  ] Other \3\
C. Water Content: 1. (mw)s ____ Mass Percent
    [  ] ASTM D3792-91 *  [  ] ASTM D4017-90 *  [  ] Other \3\
    2. (vw)s ____ Volume Percent
    [  ] Calculated  [  ] Other \3\
D. Organic Volatiles: (mo)s ____ Mass Percent
E. Nonvolatiles: (vn)s ____ Volume Percent
    [  ] Calculated  [  ] Other \3\
F. VOC Content (VOC)s:
    1. ____ g/L solids (nonvolatiles)
    2. ____ g/L coating (less water and exempt compounds)
G. Thinner Density: Dth ____ g/L
    ASTM ____ [  ] Other \3\

Remarks: (use reverse side)

    Signed: ______________ Date: ____

[[Page 1002]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.046



[[Page 1003]]



Subpart JJ--National Emission Standards for Wood Furniture Manufacturing 
                               Operations

    Source: 60 FR 62936, Dec. 7, 1995, unless otherwise noted.



Sec. 63.800  Applicability.

    (a) The affected source to which this subpart applies is each 
facility that is engaged, either in part or in whole, in the manufacture 
of wood furniture or wood furniture components and that is located at a 
plant site that is a major source as defined in 40 CFR part 63.2. The 
owner or operator of a source that meets the criteria for an incidental 
furniture manufacturer shall maintain purchase or usage records 
demonstrating the source meets the criteria specified in Sec. 63.801 of 
this subpart, but the source shall not be subject to any other 
provisions of this subpart.
    (b) A source that complies with the limits and criteria specified in 
paragraphs (b)(1), (b)(2), or (b)(3) of this section is an area source 
for the purposes of this subpart and is not subject to any other 
provision of this rule, provided that: In the case of parargraphs (b)(1) 
and (b)(2), finishing materials, adhesives, cleaning solvents and 
washoff solvents account for at least 90 percent of annual HAP emissions 
at the plant site, and if the plant site has HAP emissions that do not 
originate from the listed materials, the owner or operator keeps any 
records necessary to demonstrate that the 90 percent criterion is met. A 
source that initially relies on the limits and criteria specified in 
paragraphs (b)(1), (b)(2), and (b)(3) to become an area source, but 
subsequently exceeds the relevant limit (without first obtaining and 
complying with other limits that keep its potential to emit hazardous 
air pollutants below major source levels), becomes a major source and 
must comply thereafter with all applicable provisions of this subpart 
starting on the applicable compliance date in Sec. 63.800. Nothing in 
this paragraph (b) is intended to preclude a source from limiting its 
potential to emit through other appropriate mechanisms that may be 
available through the permitting authority.

    (1) The owner or operator of the source uses no more than 250 
gallons per month, for every month, of coating, gluing, cleaning, and 
washoff materials at the source, including materials used for source 
categories other than wood furniture (surface coating), but excluding 
materials used in routine janitorial or facility grounds maintenance, 
personal uses by employees or other persons, the use of products for the 
purpose of maintaining motor vehicles operated by the facility, or the 
use of toxic chemicals contained in intake water (used for processing or 
noncontact cooling) or intake air (used either as compressed air or for 
combustion). The owner or operator shall maintain records of the total 
gallons of coating, gluing, cleaning, and washoff materials used each 
month, and upon request submit such records to the Administrator. These 
records shall be maintained for five years.

    (2) The owner or operator of the source uses no more than 3,000 
gallons per rolling 12-month period, for every 12-month period, of 
coating, gluing, cleaning, and washoff materials at the source, 
including materials used for source categories other than wood furniture 
(surface coating), but excluding materials used in routine janitorial or 
facility grounds maintenance, personal uses by employees or other 
persons, the use of products for the purpose of maintaining motor 
vehicles operated by the facility, or the use of toxic chemicals 
contained in intake water (used for processing or noncontact cooling) or 
intake air (used either as compressed air or for combustion). A rolling 
12-month period includes the previous 12 months of operation. The owner 
or operator of the source shall maintain records of the total gallons of 
coating, gluing, cleaning, and washoff materials used each month and the 
total gallons used each previous month, and upon request submit such 
records to the Administrator. Because records are needed over the 
previous set of 12 months, the owner or operator shall keep monthly 
records beginning no less than one year before the compliance date 
specified in Sec. 63.800(e). Records shall be maintained for five years.


[[Page 1004]]


    (3) The source uses materials containing no more than 4.5 Mg (5 
tons) of any one HAP per rolling 12-month period or no more than 11.4 Mg 
(12.5 tons) of any combination of HAP per rolling 12-month period, 
including materials from source categories other than wood furniture; 
and at least 90 percent of the plantwide emissions per rolling 12-month 
period are associated with the manufacture of wood furniture or wood 
furniture components. The owner or operator shall maintain records that 
demonstrate that annual emissions do not exceed these levels, including 
monthly usage records for all finishing, gluing, cleaning, and washoff 
materials; certified product data sheets for these materials; and any 
other records necessary to document emissions from source categories 
other than wood furniture and upon request submit such records to the 
Administrator. These records shall be maintained for five years.

    (c) This subpart does not apply to research or laboratory facilities 
as defined in Sec. 63.801.

    (d) Owners or operators of affected sources shall also comply with 
the requirements of subpart A of this part (General Provisions), 
according to the applicability of subpart A to such sources, as 
identified in Table 1 of this subpart.

    (e) The compliance date for existing affected sources that emit less 
than 50 tons per year of HAP in 1996 is December 7, 1998. The compliance 
date for existing affected sources that emit 50 tons or more of 
hazardous air pollutants in 1996 is November 21, 1997. The owner or 
operator of an existing area source that increases its emissions of (or 
its potential to emit) HAP such that the source becomes a major source 
that is subject to this subpart shall comply with this subpart one year 
after becoming a major source.

    (f) New affected sources must comply with the provisions of this 
standard immediately upon startup or by December 7, 1995, whichever is 
later. New area sources that become major sources shall comply with the 
provisions of this standard immediately upon becoming a major source.
    (g) Reconstructed affected sources are subject to the requirements 
for new affected sources. The costs associated with the purchase and 
installation of air pollution control equipment (e.g., incinerators, 
carbon adsorbers, etc.) are not considered in determining whether the 
facility has been reconstructed, unless the control equipment is 
required as part of the process (e.g., product recovery). Additionally, 
the costs of retrofitting and replacement of equipment that is installed 
specifically to comply with this subpart are not considered 
reconstruction costs. For example, an affected source may convert to 
waterborne coatings to meet the requirements of this subpart. At most 
facilities, this conversion will require the replacement of existing 
storage tanks, mix equipment, and transfer lines. The cost of replacing 
the equipment is not considered in determining whether the facility has 
been reconstructed.



Sec. 63.801  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the CAA and in subpart A (General 
Provisions) of this part.

    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together other than by mechanical means. 
Under this subpart, adhesives shall not be considered coatings or 
finishing materials. Products used on humans and animals, adhesive tape, 
contact paper, or any other product with an adhesive incorporated onto 
or in an inert substrate shall not be considered adhesives under this 
subpart.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative.
    Aerosol adhesive means an adhesive that is dispensed from a 
pressurized container as a suspension of fine solid or liquid particles 
in gas.
    Affected source means a wood furniture manufacturing facility that 
is engaged, either in part or in whole, in the manufacture of wood 
furniture or wood furniture components and that is located at a plant 
site that is a major source as defined in 40 CFR part 63.2,

[[Page 1005]]

excluding sources that meet the criteria established in Sec. 63.800(a), 
(b) and (c) of this subpart.
    Alternative method means any method of sampling and analyzing for an 
air pollutant that is not a reference or equivalent method but has been 
demonstrated to the Administrator's satisfaction to, in specific cases, 
produce results adequate for a determination of compliance.
    As applied means the HAP and solids content of the coating or 
contact adhesive that is actually used for coating or gluing the 
substrate. It includes the contribution of materials used for in-house 
dilution of the coating or contact adhesive.
    Basecoat means a coat of colored material, usually opaque, that is 
applied before graining inks, glazing coats, or other opaque finishing 
materials, and is usually topcoated for protection.
    Baseline conditions means the conditions that exist prior to an 
affected source implementing controls, such as a control system.
    Building enclosure means a building housing a process that meets the 
requirements of a temporary total enclosure. The EPA Method 204E is used 
to identify all emission points from the building enclosure and to 
determine which emission points must be tested. For additional 
information see Guidelines for Determining Capture Efficiency, January 
1994. Docket No. A-93-10, Item No. IV-B-1.
    Capture device means a hood, enclosed room, floor sweep, or other 
means of collecting solvent emissions or other pollutants into a duct so 
that the pollutant can be directed to a pollution control device such as 
an incinerator or carbon adsorber.
    Capture efficiency means the fraction of all organic vapors 
generated by a process that are directed to a control device.
    Certified product data sheet (CPDS) means documentation furnished by 
coating or adhesive suppliers or an outside laboratory that provides the 
HAP content of a finishing material, contact adhesive, or solvent, by 
percent weight, measured using the EPA Method 311 (as promulgated in 
this subpart), or an equivalent or alternative method (or formulation 
data if the coating meets the criteria specified in Sec. 63.805(a)); the 
solids content of a finishing material or contact adhesive by percent 
weight, determined using data from the EPA Method 24, or an alternative 
or equivalent method (or formulation data if the coating meets the 
criteria specified in Sec. 63.805(a)); and the density, measured by EPA 
Method 24 or an alternative or equivalent method. Therefore, the 
reportable HAP content should represent the maximum aggregate emissions 
potential of the finishing material, adhesive, or solvent in 
concentrations greater than or equal to 1.0 percent by weight or 0.1 
percent for HAP that are carcinogens, as defined by the Occupational 
Safety and Health Administration Hazard Communication Standard (29 CFR 
part 1910), as formulated. The purpose of the CPDS is to assist the 
affected source in demonstrating compliance with the emission 
limitations presented in Sec. 63.802.

    (Note: Because the optimum analytical conditions under EPA Method 
311 vary by coating, the coating or adhesive supplier may also choose to 
include on the CPDS the optimum analytical conditions for analysis of 
the coating, adhesive, or solvent using EPA Method 311. Such information 
may include, but not be limited to, separation column, oven temperature, 
carrier gas, injection port temperature, extraction solvent, and 
internal standard.)

    Cleaning operations means operations in which organic solvent is 
used to remove coating materials or adhesives from equipment used in 
wood furniture manufacturing operations.
    Coating means a protective, decorative, or functional film applied 
in a thin layer to a surface. Such materials include, but are not 
limited to, paints, topcoats, varnishes, sealers, stains, washcoats, 
basecoats, enamels, inks, and temporary protective coatings.
    Coating application station means the part of a coating operation 
where the coating is applied, e.g., a spray booth.
    Coating operation means those activities in which a coating is 
applied to a substrate and is subsequently air-dried, cured in an oven, 
or cured by radiation.
    Coating solids (or solids) means the part of the coating which 
remains after the coating is dried or cured; solids content is 
determined using data from

[[Page 1006]]

the EPA Method 24, or an equivalent or alternative method.
    Compliant coating/contact adhesive means a finishing material, 
contact adhesive, or strippable booth coating that meets the emission 
limits specified in Table 3 of this subpart.
    Contact adhesive means an adhesive that is applied to two 
substrates, dried, and mated under only enough pressure to result in 
good contact. The bond is immediate and sufficiently strong to hold 
pieces together without further clamping, pressure, or airing.
    Continuous coater means a finishing system that continuously applies 
finishing materials onto furniture parts moving along a conveyor. 
Finishing materials that are not transferred to the part are recycled to 
a reservoir. Several types of application methods can be used with a 
continuous coater including spraying, curtain coating, roll coating, dip 
coating, and flow coating.
    Continuous compliance means that the affected source is meeting the 
emission limitations and other requirements of the rule at all times and 
is fulfilling all monitoring and recordkeeping provisions of the rule in 
order to demonstrate compliance.
    Control device means any equipment that reduces the quantity of a 
pollutant that is emitted to the air. The device may destroy or secure 
the pollutant for subsequent recovery. Includes, but is not limited to, 
incinerators, carbon adsorbers, and condensers.
    Control device efficiency means the ratio of the pollutant released 
by a control device and the pollutant introduced to the control device.
    Control system means the combination of capture and control devices 
used to reduce emissions to the atmosphere.
    Conventional air spray means a spray coating method in which the 
coating is atomized by mixing it with compressed air and applied at an 
air pressure greater than 10 pounds per square inch (gauge) at the point 
of atomization. Airless and air assisted airless spray technologies are 
not conventional air spray because the coating is not atomized by mixing 
it with compressed air. Electrostatic spray technology is also not 
considered conventional air spray because an electrostatic charge is 
employed to attract the coating to the workpiece.
    Data quality objective (DQO) approach means a set of approval 
criteria that must be met so that data from an alternative test method 
can be used in determining the capture efficiency of a control system. 
For additional information, see Guidelines for Determining Capture 
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Day means a period of 24 consecutive hours beginning at midnight 
local time, or beginning at a time consistent with a facility's 
operating schedule.
    Disposed offsite means sending used organic solvent or coatings 
outside of the facility boundaries for disposal.
    Emission means the release or discharge, whether directly or 
indirectly, of HAP into the ambient air.
    Enamel means a coat of colored material, usually opaque, that is 
applied as a protective topcoat over a basecoat, primer, or previously 
applied enamel coats. In some cases, another finishing material may be 
applied as a topcoat over the enamel.
    Equipment leak means emissions of volatile hazardous air pollutants 
from pumps, valves, flanges, or other equipment used to transfer or 
apply coatings, adhesives, or organic solvents.
    Equivalent method means any method of sampling and analyzing for an 
air pollutant that has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method, under specific conditions.
    Finishing material means a coating used in the wood furniture 
industry. Such materials include, but are not limited to, stains, 
basecoats, washcoats, enamels, sealers, and topcoats.
    Finishing operation means those operations in which a finishing 
material is applied to a substrate and is subsequently air-dried, cured 
in an oven, or cured by radiation.
    Foam adhesive means a contact adhesive used for gluing foam to 
fabric, foam to foam, and fabric to wood.
    Gluing operation means those operations in which adhesives are used 
to join components, for example, to apply a laminate to a wood substrate 
or foam to fabric.

[[Page 1007]]

    Incidental wood furniture manufacturer means a major source that is 
primarily engaged in the manufacture of products other than wood 
furniture or wood furniture components and that uses no more than 100 
gallons per month of finishing material or adhesives in the manufacture 
of wood furniture or wood furniture components.
    Incinerator means, for the purposes of this industry, an enclosed 
combustion device that thermally oxidizes volatile organic compounds to 
CO and CO2. This term does not include devices that burn municipal 
or hazardous waste material.
    Janitorial maintenance means the upkeep of equipment or building 
structures that is not directly related to the manufacturing process, 
for example, cleaning of restroom facilities.
    Lower confidence limit (LCL) approach means a set of approval 
criteria that must be met so that data from an alternative test method 
can be used in determining the capture efficiency of a control system. 
For additional information, see Guidelines for Determining Capture 
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Material safety data sheet (MSDS) means the documentation required 
for hazardous chemicals by the Occupational Safety and Health 
Administration (OSHA) Hazard Communication Standard (29 CFR Part 1910) 
for a solvent, cleaning material, contact adhesive, coating, or other 
material that identifies select reportable hazardous ingredients of the 
material, safety and health considerations, and handling procedures.
    Noncompliant coating/contact adhesive means a finishing material, 
contact adhesive, or strippable booth coating that has a VHAP content 
(VOC content for the strippable booth coating) greater than the emission 
limitation presented in Table 3 of this subpart.
    Nonporous substrate means a surface that is impermeable to liquids. 
Examples include metal, rigid plastic, flexible vinyl, and rubber.
    Normally closed container means a container that is closed unless an 
operator is actively engaged in activities such as emptying or filling 
the container.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limit.
    Organic solvent means a volatile organic liquid that is used for 
dissolving or dispersing constituents in a coating or contact adhesive, 
adjusting the viscosity of a coating or contact adhesive, or cleaning 
equipment. When used in a coating or contact adhesive, the organic 
solvent evaporates during drying and does not become a part of the dried 
film.
    Overall control efficiency means the efficiency of a control system, 
calculated as the product of the capture and control device 
efficiencies, expressed as a percentage.
    Permanent total enclosure means a permanently installed enclosure 
that completely surrounds a source of emissions such that all emissions 
are captured and contained for discharge through a control device. For 
additional information, see Guidelines for Determining Capture 
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
    Recycled onsite means the reuse of an organic solvent in a process 
other than cleaning or washoff.
    Reference method means any method of sampling and analyzing for an 
air pollutant that is published in Appendix A of 40 CFR part 60.
    Research or laboratory facility means any stationary source whose 
primary purpose is to conduct research and development to develop new 
processes and products where such source is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Responsible official has the meaning given to it in 40 CFR part 70, 
State Operating Permit Programs (Title V permits).
    Sealer means a finishing material used to seal the pores of a wood 
substrate before additional coats of finishing material are applied. 
Special purpose finishing materials that are used

[[Page 1008]]

in some finishing systems to optimize aesthetics are not sealers.
    Solvent means a liquid used in a coating or contact adhesive to 
dissolve or disperse constituents and/or to adjust viscosity. It 
evaporates during drying and does not become a part of the dried film.
    Stain means any color coat having a solids content by weight of no 
more than 8.0 percent that is applied in single or multiple coats 
directly to the substrate. It includes, but is not limited to, nongrain 
raising stains, equalizer stains, prestains, sap stains, body stains, 
no-wipe stains, penetrating stains, and toners.
    Storage containers means vessels or tanks, including mix equipment, 
used to hold finishing, gluing, cleaning, or washoff materials.
    Strippable spray booth material means a coating that:
    (1) Is applied to a spray booth wall to provide a protective film to 
receive overspray during finishing operations;
    (2) That is subsequently peeled off and disposed; and
    (3) By achieving (1) and (2), reduces or eliminates the need to use 
organic solvents to clean spray booth walls.
    Substrate means the surface onto which a coating or contact adhesive 
is applied (or into which a coating or contact adhesive is impregnated).
    Temporary total enclosure means an enclosure that meets the 
requirements of Sec. 63.805(e)(1) (i) through (iv) and is not permanent, 
but constructed only to measure the capture efficiency of pollutants 
emitted from a given source. Additionally, any exhaust point from the 
enclosure shall be at least four equivalent duct or hood diameters from 
each natural draft opening. For additional information, see Guidelines 
for Determining Capture Efficiency, January 1994. (Docket No. A-93-10, 
Item No. IV-B-1).
    Thinner means a volatile liquid that is used to dilute coatings or 
contact adhesives (to reduce viscosity, color strength, and solids, or 
to modify drying conditions).
    Topcoat means the last film-building finishing material that is 
applied in a finishing system.
    Touchup and repair means the application of finishing materials to 
cover minor finishing imperfections.
    VHAP means any volatile hazardous air pollutant listed in Table 2 to 
Subpart JJ.
    VHAP of potential concern means any VHAP from the nonthreshold, high 
concern, or unrankable list in Table b of this subpart.
    Volatile organic compound (VOC) means any organic compound which 
participates in atmospheric photochemical reactions, that is, any 
organic compound other than those which the Administrator designates as 
having negligible photochemical reactivity. A VOC may be measured by a 
reference method, an equivalent method, an alternative method, or by 
procedures specified under any rule. A reference method, an equivalent 
method, or an alternative method, however, may also measure nonreactive 
organic compounds. In such cases, the owner or operator may exclude the 
nonreactive organic compounds when determining compliance with a 
standard. For a list of compounds that the Administrator has designated 
as having negligible photochemical reactivity, refer to 40 CFR part 
51.10.
    Washcoat means a transparent special purpose finishing material 
having a solids content by weight of 12.0 percent by weight or less. 
Washcoats are applied over initial stains to protect, to control color, 
and to stiffen the wood fibers in order to aid sanding.
    Washoff operations means those operations in which organic solvent 
is used to remove coating from wood furniture or a wood furniture 
component.
    Wood furniture means any product made of wood, a wood product such 
as rattan or wicker, or an engineered wood product such as particleboard 
that is manufactured under any of the following standard industrial 
classification codes: 2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 
2599, or 5712.
    Wood furniture component means any part that is used in the 
manufacture of wood furniture. Examples include, but are not limited to, 
drawer sides, cabinet doors, seat cushions, and laminated tops.
    Wood furniture manufacturing operations means the finishing, gluing,

[[Page 1009]]

cleaning, and washoff operations associated with the production of wood 
furniture or wood furniture components.
    (b) The nomenclature used in this subpart has the following meaning:
    (1) Ak = the area of each natural draft opening (k) in a total 
enclosure, in square meters.
    (2) Cc=the VHAP content of a finishing material (c), in 
kilograms of volatile hazardous air pollutants per kilogram of coating 
solids (kg VHAP/kg solids), as supplied. Also given in pounds of 
volatile hazardous air pollutants per pound of coating solids (lb VHAP/
lb solids).
    (3) Caj=the concentration of VHAP in gas stream (j) exiting the 
control device, in parts per million by volume.
    (4) Cbi=the concentration of VHAP in gas stream (i) entering 
the control device, in parts per million by volume.
    (5) Cdi=the concentration of VHAP in gas stream (i) entering 
the control device from the affected source, in parts per million by 
volume.
    (6) Cfk=the concentration of VHAP in uncontrolled gas stream 
(k) emitted directly to the atmosphere from the affected source, in 
parts per million by volume.
    (7) E=the emission limit achieved by an emission point or a set of 
emission points, in kg VHAP/kg solids (lb VHAP/lb solids).
    (8) F=the control device efficiency, expressed as a fraction.
    (9) FV=the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (10) G=the VHAP content of a contact adhesive, in kg VHAP/kg solids 
(lb VHAP/lb solids), as applied.
    (11) M=the mass of solids in finishing material used monthly, kg 
solids/month (lb solids/month).
    (12) N=the capture efficiency, expressed as a fraction.
    (13) Qaj=the volumetric flow rate of gas stream (j) exiting the 
control device, in dry standard cubic meters per hour.
    (14) Qbi=the volumetric flow rate of gas stream (i) entering 
the control device, in dry standard cubic meters per hour.
    (15) Qdi=the volumetric flow rate of gas stream (i) entering 
the control device from the emission point, in dry standard cubic meters 
per hour.
    (16) Qfk=the volumetric flow rate of uncontrolled gas stream 
(k) emitted directly to the atmosphere from the emission point, in dry 
standard cubic meters per hour.
    (17) Qin i=the volumetric flow rate of gas stream (i) entering 
the total enclosure through a forced makeup air duct, in standard cubic 
meters per hour (wet basis).
    (18) Qout j=the volumetric flow rate of gas stream (j) exiting 
the total enclosure through an exhaust duct or hood, in standard cubic 
meters per hour (wet basis).
    (19) R=the overall efficiency of the control system, expressed as a 
percentage.
    (20) S=the VHAP content of a solvent, expressed as a weight 
fraction, added to finishing materials.
    (21) W=the amount of solvent, in kilograms (pounds), added to 
finishing materials during the monthly averaging period.
    (22) ac=after the control system is installed and operated.
    (23) bc=before control.



Sec. 63.802  Emission limits.

    (a) Each owner or operator of an existing affected source subject to 
this subpart shall:
    (1) Limit VHAP emissions from finishing operations by meeting the 
emission limitations for existing sources presented in Table 3 of this 
subpart, using any of the compliance methods in Sec. 63.804(a). To 
determine VHAP emissions from a finishing material containing 
formaldehyde or styrene, the owner or operator of the affected source 
shall use the methods presented in Sec. 63.803(l)(2) for determining 
styrene and formaldehyde usage.
    (2) Limit VHAP emissions from contact adhesives by achieving a VHAP 
limit for contact adhesives based on the following criteria:
    (i) For foam adhesives (contact adhesives used for upholstery 
operations) used in products that meet the upholstered seating 
flammability requirements of California Technical Bulletin

[[Page 1010]]

116, 117, or 133, the Business and Institutional Furniture Manufacturers 
Association's (BIFMA's) X5.7, UFAC flammability testing, or any similar 
requirements from local, State, or Federal fire regulatory agencies, the 
VHAP content of the adhesive shall not exceed 1.8 kg VHAP/kg solids (1.8 
lb VHAP/lb solids), as applied; or
    (ii) For all other contact adhesives (including foam adhesives used 
in products that do not meet the standards presented in paragraph 
(a)(2)(i) of this section, but excluding aerosol adhesives and excluding 
contact adhesives applied to nonporous substrates, the VHAP content of 
the adhesive shall not exceed 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb 
solids), as applied.
    (3) Limit HAP emissions from strippable spray booth coatings by 
using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb 
VOC/lb solids), as applied.
    (b) Each owner or operator of a new affected source subject to this 
subpart shall:
    (1) Limit VHAP emissions from finishing operations by meeting the 
emission limitations for new sources presented in Table 3 of this 
subpart using any of the compliance methods in Sec. 63.804(d). To 
determine VHAP emissions from a finishing material containing 
formaldehyde or styrene, the owner or operator of the affected source 
shall use the methods presented in Sec. 63.803(l)(2) for determining 
styrene and formaldehyde usage.
    (2) Limit VHAP emissions from contact adhesives by achieving a VHAP 
limit for contact adhesives, excluding aerosol adhesives and excluding 
contact adhesives applied to nonporous substrates, of no greater than 
0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied, using either 
of the compliance methods in Sec. 63.804(e).
    (3) Limit HAP emissions from strippable spray booth coatings by 
using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb 
VOC/lb solids), as applied.



Sec. 63.803  Work practice standards.

    (a) Work practice implementation plan. Each owner or operator of an 
affected source subject to this subpart shall prepare and maintain a 
written work practice implementation plan that defines environmentally 
desirable work practices for each wood furniture manufacturing operation 
and addresses each of the work practice standards presented in 
paragraphs (b) through (l) of this section. The plan shall be developed 
no more than 60 days after the compliance date. The written work 
practice implementation plan shall be available for inspection by the 
Administrator upon request. If the Administrator determines that the 
work practice implementation plan does not adequately address each of 
the topics specified in paragraphs (b) through (l) of this section or 
that the plan does not include sufficient mechanisms for ensuring that 
the work practice standards are being implemented, the Administrator may 
require the affected source to modify the plan. Revisions or 
modifications to the plan do not require a revision of the source's 
Title V permit.
    (b) Operator training course. Each owner or operator of an affected 
source shall train all new and existing personnel, including contract 
personnel, who are involved in finishing, gluing, cleaning, and washoff 
operations, use of manufacturing equipment, or implementation of the 
requirements of this subpart. All new personnel, those hired after the 
compliance date of the standard, shall be trained upon hiring. All 
existing personnel, those hired before the compliance date of the 
standard, shall be trained within six months of the compliance date of 
the standard. All personnel shall be given refresher training annually. 
The affected source shall maintain a copy of the training program with 
the work practice implementation plan. The training program shall 
include, at a minimum, the following:
    (1) A list of all current personnel by name and job description that 
are required to be trained;
    (2) An outline of the subjects to be covered in the initial and 
refresher training for each position or group of personnel;
    (3) Lesson plans for courses to be given at the initial and the 
annual refresher training that include, at a minimum, appropriate 
application techniques, appropriate cleaning and

[[Page 1011]]

washoff procedures, appropriate equipment setup and adjustment to 
minimize finishing material usage and overspray, and appropriate 
management of cleanup wastes; and
    (4) A description of the methods to be used at the completion of 
initial or refresher training to demonstrate and document successful 
completion.
    (c) Inspection and maintenance plan. Each owner or operator of an 
affected source shall prepare and maintain with the work practice 
implementation plan a written leak inspection and maintenance plan that 
specifies:
    (1) A minimum visual inspection frequency of once per month for all 
equipment used to transfer or apply coatings, adhesives, or organic 
solvents;
    (2) An inspection schedule;
    (3) Methods for documenting the date and results of each inspection 
and any repairs that were made;
    (4) The timeframe between identifying the leak and making the 
repair, which adheres, at a minimum, to the following schedule:
    (i) A first attempt at repair (e.g., tightening of packing glands) 
shall be made no later than five calendar days after the leak is 
detected; and
    (ii) Final repairs shall be made within 15 calendar days after the 
leak is detected, unless the leaking equipment is to be replaced by a 
new purchase, in which case repairs shall be completed within three 
months.
    (d) Cleaning and washoff solvent accounting system. Each owner or 
operator of an affected source shall develop an organic solvent 
accounting form to record:
    (1) The quantity and type of organic solvent used each month for 
washoff and cleaning, as defined in Sec. 63.801 of this subpart;
    (2) The number of pieces washed off, and the reason for the washoff; 
and
    (3) The quantity of spent solvent generated from each washoff and 
cleaning operation each month, and whether it is recycled onsite or 
disposed offsite.
    (e) Chemical composition of cleaning and washoff solvents. Each 
owner or operator of an affected source shall not use cleaning or 
washoff solvents that contain any of the pollutants listed in Table 4 to 
this subpart, in concentrations subject to MSDS reporting as required by 
OSHA.
    (f) Spray booth cleaning. Each owner or operator of an affected 
source shall not use compounds containing more than 8.0 percent by 
weight of VOC for cleaning spray booth components other than conveyors, 
continuous coaters and their enclosures, or metal filters, unless the 
spray booth is being refurbished. If the spray booth is being 
refurbished, that is the spray booth coating or other protective 
material used to cover the booth is being replaced, the affected source 
shall use no more than 1.0 gallon of organic solvent per booth to 
prepare the surface of the booth prior to applying the booth coating.
    (g) Storage requirements. Each owner or operator of an affected 
source shall use normally closed containers for storing finishing, 
gluing, cleaning, and washoff materials.
    (h) Application equipment requirements. Each owner or operator of an 
affected source shall use conventional air spray guns to apply finishing 
materials only under any of the following circumstances:
    (1) To apply finishing materials that have a VOC content no greater 
than 1.0 lb VOC/lb solids, as applied;
    (2) For touchup and repair under the following conditions:
    (i) The touchup and repair occurs after completion of the finishing 
operation; or
    (ii) The touchup and repair occurs after the application of stain 
and before the application of any other type of finishing material, and 
the materials used for touchup and repair are applied from a container 
that has a volume of no more than 2.0 gallons.
    (3) When spray is automated, that is, the spray gun is aimed and 
triggered automatically, not manually;
    (4) When emissions from the finishing application station are 
directed to a control device;
    (5) The conventional air gun is used to apply finishing materials 
and the cumulative total usage of that finishing material is no more 
than 5.0 percent of the total gallons of finishing material used during 
that semiannual period; or

[[Page 1012]]

    (6) The conventional air gun is used to apply stain on a part for 
which it is technically or economically infeasible to use any other 
spray application technology.
    The affected source shall demonstrate technical or economic 
infeasibility by submitting to the Administrator a videotape, a 
technical report, or other documentation that supports the affected 
source's claim of technical or economic infeasibility. The following 
criteria shall be used, either independently or in combination, to 
support the affected source's claim of technical or economic 
infeasibility:
    (i) The production speed is too high or the part shape is too 
complex for one operator to coat the part and the application station is 
not large enough to accommodate an additional operator; or
    (ii) The excessively large vertical spray area of the part makes it 
difficult to avoid sagging or runs in the stain.
    (i) Line cleaning. Each owner or operator of an affected source 
shall pump or drain all organic solvent used for line cleaning into a 
normally closed container.
    (j) Gun cleaning. Each owner or operator of an affected source shall 
collect all organic solvent used to clean spray guns into a normally 
closed container.
    (k) Washoff operations. Each owner or operator of an affected source 
shall control emissions from washoff operations by:
    (1) Using normally closed tanks for washoff; and
    (2) Minimizing dripping by tilting or rotating the part to drain as 
much solvent as possible.
    (l) Formulation assessment plan for finishing operations. Each owner 
or operator of an affected source shall prepare and maintain with the 
work practice implementation plan a formulation assessment plan that:
    (1) Identifies VHAP from the list presented in Table 5 of this 
subpart that are being used in finishing operations by the affected 
source;
    (2) Establishes a baseline level of usage by the affected source, 
for each VHAP identified in paragraph (l)(1) of this section. The 
baseline usage level shall be the highest annual usage from 1994, 1995, 
or 1996, for each VHAP identified in paragraph (l)(1) of this section. 
For formaldehyde, the baseline level of usage shall be based on the 
amount of free formaldehyde present in the finishing material when it is 
applied. For styrene, the baseline level of usage shall be an estimate 
of unreacted styrene, which shall be calculated by multiplying the 
amount of styrene monomer in the finishing material, when it is applied, 
by a factor of 0.16. Sources using a control device to reduce emissions 
may adjust their usage based on the overall control efficiency of the 
control system, which is determined using the equation in Sec. 63.805 
(d) or (e).
    (3) Tracks the annual usage of each VHAP identified in (l)(1) by the 
affected source that is present in amounts subject to MSDS reporting as 
required by OSHA.
    (4) If, after November 1998, the annual usage of the VHAP identified 
in paragraph (l)(1) exceeds its baseline level, then the owner or 
operator of the affected source shall provide a written notification to 
the permitting authority that describes the amount of the increase and 
explains the reasons for exceedance of the baseline level. The following 
explanations would relieve the owner or operator from further action, 
unless the affected source is not in compliance with any State 
regulations or requirements for that VHAP:
    (i) The exceedance is no more than 15.0 percent above the baseline 
level;
    (ii) Usage of the VHAP is below the de minimis level presented in 
Table 5 of this subpart for that VHAP (sources using a control device to 
reduce emissions may adjust their usage based on the overall control 
efficiency of the control system, which is determined using the 
procedures in Sec. 63.805 (d) or (e);
    (iii) The affected source is in compliance with its State's air 
toxic regulations or guidelines for the VHAP; or
    (iv) The source of the pollutant is a finishing material with a VOC 
content of no more than 1.0 kg VOC/kg solids (1.0 lb VOC/lb solids), as 
applied.
    (5) If none of the above explanations are the reason for the 
increase, the owner or operator shall confer with the permitting 
authority to discuss the reason for the increase and whether

[[Page 1013]]

there are practical and reasonable technology-based solutions for 
reducing the usage. The evaluation of whether a technology is reasonable 
and practical shall be based on cost, quality, and marketability of the 
product, whether the technology is being used successfully by other wood 
furniture manufacturing operations, or other criteria mutually agreed 
upon by the permitting authority and owner or operator. If there are no 
practical and reasonable solutions, the facility need take no further 
action. If there are solutions, the owner or operator shall develop a 
plan to reduce usage of the pollutant to the extent feasible. The plan 
shall address the approach to be used to reduce emissions, a timetable 
for implementing the plan, and a schedule for submitting notification of 
progress.
    (6) If after November 1998, an affected source uses a VHAP of 
potential concern for which a baseline level has not been previously 
established, then the baseline level shall be established as the de 
minimis level, based on 70 year exposure levels and data provided in the 
proposed rulemaking pursuant to Section 112(g) of the CAA, for that 
pollutant. A list of VHAP of potential concern is provided in Table 6 of 
this subpart. If usage of the VHAP of potential concern exceeds the de 
minimis level, then the affected source shall provide an explanation to 
the permitting authority that documents the reason for exceedance of the 
de minimis level. If the explanation is not one of those listed in 
paragraphs (l)(4)(i) through (l)(4)(iv), the affected source shall 
follow the procedures established in (l)(5).



Sec. 63.804  Compliance procedures and monitoring requirements.

    (a) The owner or operator of an existing affected source subject to 
Sec. 63.802(a)(1) shall comply with those provisions using any of the 
methods presented in Sec. 63.804 (a)(1) through (a)(4).
    (1) Calculate the average VHAP content for all finishing materials 
used at the facility using Equation 1, and maintain a value of E no 
greater than 1.0;

E=(Mc1Cc1 + Mc2Cc2 + * * * + McnCcn + 
S1W1 + S2W2 + * * * SnWn)/(Mc1 + 
Mc2 + * * * + Mcn)    Equation 1

    (2) Use compliant finishing materials according to the following 
criteria:
    (i) Demonstrate that each stain, sealer, and topcoat has a VHAP 
content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), 
as applied, and each thinner contains no more than 10.0 percent VHAP by 
weight by maintaining certified product data sheets for each coating and 
thinner;
    (ii) Demonstrate that each washcoat, basecoat, and enamel that is 
purchased pre-made, that is, it is not formulated onsite by thinning 
another finishing material, has a VHAP content of no more than 1.0 kg 
VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner 
contains no more than 10.0 percent VHAP by weight by maintaining 
certified product data sheets for each coating and thinner; and
    (iii) Demonstrate that each washcoat, basecoat, and enamel that is 
formulated at the affected source is formulated using a finishing 
material containing no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb 
solids) and a thinner containing no more than 3.0 percent VHAP by 
weight.
    (3) Use a control system with an overall control efficiency (R) such 
that the value of Eac in Equation 2 is no greater than 1.0.

R=[(Ebc-Eac)/Ebc](100)    Equation 2

    The value of Ebc in Equation 2 shall be calculated using 
Equation 1; or
    (4) Use any combination of an averaging approach, as described in 
paragraph (a)(1) of this section, compliant finishing materials, as 
described in paragraph (a)(2) of this section, and a control system, as 
described in paragraph (a)(3) of this section.
    (b) The owner or operator of an affected source subject to 
Sec. 63.802(a)(2)(i) shall comply with the provisions by using compliant 
foam adhesives with a VHAP content no greater than 1.8 kg VHAP/kg solids 
(1.8 lb VHAP/lb solids), as applied.
    (c) The owner or operator of an affected source subject to 
Sec. 63.802(a)(2)(ii) shall comply with those provisions by using either 
of the methods presented in Sec. 63.804 (c)(1) and (c)(2).

[[Page 1014]]

    (1) Use compliant contact adhesives with a VHAP content no greater 
than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied; or
    (2) Use a control system with an overall control efficiency (R) such 
that the value of Gac is no greater than 1.0.

R=[(Gbc-Gac)/Gbc] (100)    Equation 3
    (d) The owner or operator of a new affected source subject to 
Sec. 63.802(b)(1) may comply with those provisions by using any of the 
following methods:
    (1) Calculate the average VHAP content across all finishing 
materials used at the facility using Equation 1, and maintain a value of 
E no greater than 0.8;
    (2) Use compliant finishing materials according to the following 
criteria:
    (i) Demonstrate that each sealer and topcoat has a VHAP content of 
no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, 
each stain has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0 
lb VHAP/lb solids), as applied, and each thinner contains no more than 
10.0 percent VHAP by weight;
    (ii) Demonstrate that each washcoat, basecoat, and enamel that is 
purchased pre-made, that is, it is not formulated onsite by thinning 
another finishing material, has a VHAP content of no more than 0.8 kg 
VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, and each thinner 
contains no more than 10.0 percent VHAP by weight; and
    (iii) Demonstrate that each washcoat, basecoat, and enamel that is 
formulated onsite is formulated using a finishing material containing no 
more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids) and a thinner 
containing no more than 3.0 percent HAP by weight.
    (3) Use a control system with an overall control efficiency (R) such 
that the value of Eac in Equation 4 is no greater than 0.8.

R=[(Ebc-Eac)/Ebc](100)    Equation 4

    The value of Ebc in Equation 4 shall be calculated using 
Equation 1; or
    (4) Use any combination of an averaging approach, as described in 
(d)(1), compliant finishing materials, as described in (d)(2), and a 
control system, as described in (d)(3).
    (e) The owner or operator of a new affected source subject to 
Sec. 63.802(b)(2) shall comply with the provisions using either of the 
following methods:
    (1) Use compliant contact adhesives with a VHAP content no greater 
than 0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied; or
    (2) Use a control system with an overall control efficiency (R) such 
that the value of Gac in Equation 3 is no greater than 0.2.
    (f) Initial compliance. (1) Owners or operators of an affected 
source subject to the provisions of Sec. 63.802 (a)(1) or (b)(1) that 
comply through the procedures established in Sec. 63.804 (a)(1) or 
(d)(1) shall submit the results of the averaging calculation (Equation 
1) for the first month with the initial compliance status report 
required by Sec. 63.807(b). The first month's calculation shall include 
data for the entire month in which the compliance date falls. For 
example, if the source's compliance date is November 21, 1997, the 
averaging calculation shall include data from November 1, 1997 to 
November 30, 1997.
    (2) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the 
procedures established in Sec. 63.804 (a)(2) or (d)(2) shall submit an 
initial compliance status report, as required by Sec. 63.807(b), stating 
that compliant stains, washcoats, sealers, topcoats, basecoats, enamels, 
and thinners, as applicable, are being used by the affected source.
    (3) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(1) or (b)(1) that are complying through 
the procedures established in Sec. 63.804 (a)(2) or (d)(2) and are 
applying coatings using continuous coaters shall demonstrate initial 
compliance by:
    (i) Submitting an initial compliance status report, as required by 
Sec. 63.807(b), stating that compliant coatings, as determined by the 
VHAP content of the coating in the reservoir and the VHAP content as 
calculated from records, and compliant thinners are being used; or
    (ii) Submitting an initial compliance status report, as required by 
Sec. 63.807(b), stating that compliant coatings, as determined by the 
VHAP content of the coating in the reservoir, are being used; the 
viscosity of the coating in the

[[Page 1015]]

reservoir is being monitored; and compliant thinners are being used. The 
affected source shall also submit data that demonstrate that viscosity 
is an appropriate parameter for demonstrating compliance.
    (4) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the 
procedures established in Sec. 63.804 (a)(3) or (d)(3) shall demonstrate 
initial compliance by:
    (i) Submitting a monitoring plan that identifies each operating 
parameter to be monitored for the capture device and discusses why each 
parameter is appropriate for demonstrating continuous compliance;
    (ii) Conducting an initial performance test as required under 
Sec. 63.7 using the procedures and test methods listed in Sec. 63.7 and 
Sec. 63.805 (c) and (d) or (e);
    (iii) Calculating the overall control efficiency (R) following the 
procedures in Sec. 63.805 (d) or (e); and
    (iv) Determining those operating conditions critical to determining 
compliance and establishing one or more operating parameters that will 
ensure compliance with the standard.
    (A) For compliance with a thermal incinerator, minimum combustion 
temperature shall be the operating parameter.
    (B) For compliance with a catalytic incinerator equipped with a 
fixed catalyst bed, the minimum gas temperature both upstream and 
downstream of the catalyst bed shall be the operating parameter.
    (C) For compliance with a catalytic incinerator equipped with a 
fluidized catalyst bed, the minimum gas temperature upstream of the 
catalyst bed and the pressure drop across the catalyst bed shall be the 
operating parameters.
    (D) For compliance with a carbon adsorber, the operating parameters 
shall be the total regeneration mass stream flow for each regeneration 
cycle and the carbon bed temperature after each regeneration, or the 
concentration level of organic compounds exiting the adsorber, unless 
the owner or operator requests and receives approval from the 
Administrator to establish other operating parameters.
    (E) For compliance with a control device not listed in this section, 
one or more operating parameter values shall be established using the 
procedures identified in Sec. 63.804(g)(4)(vi).
    (v) Owners or operators complying with Sec. 63.804(f)(4) shall 
calculate each site-specific operating parameter value as the arithmetic 
average of the maximum or minimum operating parameter values, as 
appropriate, that demonstrate compliance with the standards, during the 
three test runs required by Sec. 63.805(c)(1).
    (5) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(2) or (b)(2) that comply through the 
procedures established in Sec. 63.804 (b), (c)(1), or (e)(1), shall 
submit an initial compliance status report, as required by 
Sec. 63.807(b), stating that compliant contact adhesives are being used 
by the affected source.
    (6) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(2)(ii) or (b)(2) that comply through the 
procedures established in Sec. 63.804 (c)(2) or (e)(2), shall 
demonstrate initial compliance by:
    (i) Submitting a monitoring plan that identifies each operating 
parameter to be monitored for the capture device and discusses why each 
parameter is appropriate for demonstrating continuous compliance;
    (ii) Conducting an initial performance test as required under 
Sec. 63.7 using the procedures and test methods listed in Sec. 63.7 and 
Sec. 63.805 (c) and (d) or (e);
    (iii) Calculating the overall control efficiency (R) following the 
procedures in Sec. 63.805 (d) or (e); and
    (iv) Determining those operating conditions critical to determining 
compliance and establishing one or more operating parameters that will 
ensure compliance with the standard.
    (A) For compliance with a thermal incinerator, minimum combustion 
temperature shall be the operating parameter.
    (B) For compliance with a catalytic incinerator equipped with a 
fixed catalyst bed, the minimum gas temperature both upstream and 
downstream of the catalyst shall be the operating parameter.
    (C) For compliance with a catalytic incinerator equipped with a 
fluidized

[[Page 1016]]

catalyst bed, the minimum gas temperature upstream of the catalyst bed 
and the pressure drop across the catalyst bed shall be the operating 
parameters.
    (v) Owners or operators complying with Sec. 63.804(f)(6) shall 
calculate each site-specific operating parameter value as the arithmetic 
average of the maximum or minimum operating values as appropriate, that 
demonstrate compliance with the standards, during the three test runs 
required by Sec. 63.805(c)(1).
    (7) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(3) or (b)(3) shall submit an initial 
compliance status report, as required by Sec. 63.807(b), stating that 
compliant strippable spray booth coatings are being used by the affected 
source.
    (8) Owners or operators of an affected source subject to the work 
practice standards in Sec. 63.803 shall submit an initial compliance 
status report, as required by Sec. 63.807(b), stating that the work 
practice implementation plan has been developed and procedures have been 
established for implementing the provisions of the plan.
    (g) Continuous compliance demonstrations. (1) Owners or operators of 
an affected source subject to the provisions of Sec. 63.802 (a)(1) or 
(b)(1) that comply through the procedures established in Sec. 63.804 
(a)(1) or (d)(1) shall demonstrate continuous compliance by submitting 
the results of the averaging calculation (Equation 1) for each month 
within that semiannual period and submitting a compliance certification 
with the semiannual report required by Sec. 63.807(c).
    (i) The compliance certification shall state that the value of (E), 
as calculated by Equation 1, is no greater than 1.0 for existing sources 
or 0.8 for new sources. An affected source is in violation of the 
standard if E is greater than 1.0 for existing sources or 0.8 for new 
sources for any month. A violation of the monthly average is a separate 
violation of the standard for each day of operation during the month, 
unless the affected source can demonstrate through records that the 
violation of the monthly average can be attributed to a particular day 
or days during the period.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (2) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the 
procedures established in Sec. 63.804 (a)(2) or (d)(2) shall demonstrate 
continuous compliance by using compliant coatings and thinners, 
maintaining records that demonstrate the coatings and thinners are 
compliant, and submitting a compliance certification with the semiannual 
report required by Sec. 63.807(c).
    (i) The compliance certification shall state that compliant stains, 
washcoats, sealers, topcoats, basecoats, enamels, and thinners, as 
applicable, have been used each day in the semiannual reporting period 
or should otherwise identify the periods of noncompliance and the 
reasons for noncompliance. An affected source is in violation of the 
standard whenever a noncompliant coating, as demonstrated by records or 
by a sample of the coating, is used.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (3) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(1) or (b)(1) that are complying through 
the procedures established in Sec. 63.804 (a)(2) or (d)(2) and are 
applying coatings using continuous coaters shall demonstrate continuous 
compliance by following the procedures in paragraph (g)(3) (i) or (ii) 
of this section.
    (i) Using compliant coatings, as determined by the VHAP content of 
the coating in the reservoir and the VHAP content as calculated from 
records, using compliant thinners, and submitting a compliance 
certification with the semiannual report required by Sec. 63.807(c).
    (A) The compliance certification shall state that compliant coatings 
have been used each day in the semiannual reporting period, or should 
otherwise identify the days of noncompliance and the reasons for 
noncompliance. An affected source is in violation of the standard 
whenever a noncompliant coating, as determined by records

[[Page 1017]]

or by a sample of the coating, is used. Use of a noncompliant coating is 
a separate violation for each day the noncompliant coating is used.
    (B) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (ii) Using compliant coatings, as determined by the VHAP content of 
the coating in the reservoir, using compliant thinners, maintaining a 
viscosity of the coating in the reservoir that is no less than the 
viscosity of the initial coating by monitoring the viscosity with a 
viscosity meter or by testing the viscosity of the initial coating and 
retesting the coating in the reservoir each time solvent is added, 
maintaining records of solvent additions, and submitting a compliance 
certification with the semiannual report required by Sec. 63.807(c).
    (A) The compliance certification shall state that compliant 
coatings, as determined by the VHAP content of the coating in the 
reservoir, have been used each day in the semiannual reporting period. 
Additionally, the certification shall state that the viscosity of the 
coating in the reservoir has not been less than the viscosity of the 
initial coating, that is, the coating that is initially mixed and placed 
in the reservoir, for any day in the semiannual reporting period.
    (B) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (C) An affected source is in violation of the standard when a sample 
of the as-applied coating exceeds the applicable limit established in 
Sec. 63.804 (a)(2) or (d)(2), as determined using EPA Method 311, or the 
viscosity of the coating in the reservoir is less than the viscosity of 
the initial coating.
    (4) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the 
procedures established in Sec. 63.804 (a)(3) or (d)(3) shall demonstrate 
continuous compliance by installing, calibrating, maintaining, and 
operating the appropriate monitoring equipment according to 
manufacturer's specifications. The owner or operator shall also submit 
the excess emissions and continuous monitoring system performance report 
and summary report required by Sec. 63.807(d) and Sec. 63.10(e) of 
subpart A.
    (i) Where a capture/control device is used, a device to monitor each 
site-specific operating parameter established in accordance with 
Sec. 63.804(f)(6)(i) is required.
    (ii) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (A) Where a thermal incinerator is used, a temperature monitoring 
device shall be installed in the firebox or in the ductwork immediately 
downstream of the firebox in a position before any substantial heat 
exchange occurs.
    (B) Where a catalytic incinerator equipped with a fixed catalyst bed 
is used, temperature monitoring devices shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (C) Where a catalytic incinerator equipped with a fluidized catalyst 
bed is used, a temperature monitoring device shall be installed in the 
gas stream immediately before the bed. In addition, a pressure 
monitoring device shall be installed to determine the pressure drop 
across the catalyst bed. The pressure drop shall be measured monthly at 
a constant flow rate.
    (iii) Where a carbon adsorber is used one of the following is 
required:
    (A) An integrating stream flow monitoring device having an accuracy 
of 10 percent, capable of recording the total regeneration 
stream mass flow for each regeneration cycle; and a carbon bed 
temperature monitoring device, having an accuracy of 1 
percent of the temperature being monitored or 0.5  deg.C, 
whichever is greater, and capable of recording the carbon bed 
temperature after each regeneration and within 15 minutes of completing 
any cooling cycle;
    (B) An organic monitoring device, equipped with a continuous 
recorder, to indicate the concentration level of organic compounds 
exiting the carbon adsorber; or
    (C) Any other monitoring device that has been approved by the 
Administrator in accordance with Sec. 63.804(f)(4)(iv)(D).

[[Page 1018]]

    (iv) Owners or operators of an affected source shall not operate the 
capture or control device at a daily average value greater than or less 
than (as appropriate) the operating parameter values. The daily average 
value shall be calculated as the average of all values for a monitored 
parameter recorded during the operating day.
    (v) Owners or operators of an affected source that are complying 
through the use of a catalytic incinerator equipped with a fluidized 
catalyst bed shall maintain a constant pressure drop, measured monthly, 
across the catalyst bed.
    (vi) An owner or operator who uses a control device not listed in 
Sec. 63.804(f)(4) shall submit, for the Administrator's approval, a 
description of the device, test data verifying performance, and 
appropriate site-specific operating parameters that will be monitored to 
demonstrate continuous compliance with the standard.
    (5) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(2) (i) or (ii) or (b)(2) that comply 
through the procedures established in Sec. 63.804 (b), (c)(1), or 
(e)(1), shall submit a compliance certification with the semiannual 
report required by Sec. 63.807(c).
    (i) The compliance certification shall state that compliant contact 
and/or foam adhesives have been used each day in the semiannual 
reporting period, or should otherwise identify each day noncompliant 
contact and/or foam adhesives were used. Each day a noncompliant contact 
or foam adhesive is used is a single violation of the standard.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (6) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(2)(ii) or (b)(2) that comply through the 
procedures established in Sec. 63.804 (c)(2) or (e)(2), shall 
demonstrate continuous compliance by installing, calibrating, 
maintaining, and operating the appropriate monitoring equipment 
according to the manufacturer's specifications. The owner or operator 
shall also submit the excess emissions and continuous monitoring system 
performance report and summary report required by Sec. 63.807(d) and 
Sec. 63.10(e) of subpart A of this part.
    (i) Where a capture/control device is used, a device to monitor each 
site-specific operating parameter established in accordance with 
Sec. 63.804(f)(6)(i) is required.

[[Page 1019]]

    (ii) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.
    (A) Where a thermal incinerator is used, a temperature monitoring 
device shall be installed in the firebox or in the ductwork immediately 
downstream of the firebox in a position before any substantial heat 
exchange occurs.
    (B) Where a catalytic incinerator equipped with a fixed catalyst bed 
is used, temperature monitoring devices shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (C) Where a catalytic incinerator equipped with a fluidized catalyst 
bed is used, a temperature monitoring device shall be installed in the 
gas stream immediately before the bed. In addition, a pressure 
monitoring device shall be installed to measure the pressure drop across 
the catalyst bed. The pressure drop shall be measured monthly at a 
constant flow rate.
    (iii) Where a carbon adsorber is used one of the following is 
required:
    (A) An integrating stream flow monitoring device having an accuracy 
of 10 percent, capable of recording the total regeneration 
stream mass flow for each regeneration cycle; and a carbon bed 
temperature monitoring device, having an accuracy of 1 
percent of the temperature being monitored or 0.5  deg.C, 
whichever is greater, and capable of recording the carbon bed 
temperature after each regeneration and within 15 minutes of completing 
any cooling cycle;
    (B) An organic monitoring device, equipped with a continuous 
recorder, to indicate the concentration level of organic compounds 
exiting the carbon adsorber; or
    (C) Any other monitoring device that has been approved by the 
Administrator in accordance with Sec. 63.804(f)(4)(iv)(D).
    (iv) Owners or operators of an affected source shall not operate the 
capture or control device at a daily average value greater than or less 
than (as appropriate) the operating parameter values. The daily average 
value shall be calculated as the average of all values for a monitored 
parameter recorded during the operating day.
    (v) Owners or operators of an affected source that are complying 
through the use of a catalytic incinerator equipped with a fluidized 
catalyst bed shall maintain a constant pressure drop, measured monthly, 
across the catalyst bed.
    (vi) An owner or operator using a control device not listed in this 
section shall submit to the Administrator a description of the device, 
test data verifying the performance of the device, and appropriate 
operating parameter values that will be monitored to demonstrate 
continuous compliance with the standard. Compliance using this device is 
subject to the Administrator's approval.
    (7) Owners or operators of an affected source subject to the 
provisions of Sec. 63.802 (a)(3) or (b)(3) shall submit a compliance 
certification with the semiannual report required by Sec. 63.807(c).
    (i) The compliance certification shall state that compliant 
strippable spray booth coatings have been used each day in the 
semiannual reporting period, or should otherwise identify each day 
noncompliant materials were used. Each day a noncompliant strippable 
booth coating is used is a single violation of the standard.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.
    (8) Owners or operators of an affected source subject to the work 
practice standards in Sec. 63.803 shall submit a compliance 
certification with the semiannual report required by Sec. 63.807(c).
    (i) The compliance certification shall state that the work practice 
implementation plan is being followed, or should otherwise identify the 
provisions of the plan that have not been implemented and each day the 
provisions were not implemented. During any period of time that an owner 
or operator is required to implement the provisions of the plan, each 
failure to implement an obligation under the plan during any particular 
day is a violation.
    (ii) The compliance certification shall be signed by a responsible 
official of the company that owns or operates the affected source.

[[Page 1020]]



Sec. 63.805  Performance test methods.

    (a) The EPA Method 311 of appendix A of part 63 shall be used in 
conjunction with formulation data to determine the VHAP content of the 
liquid coating. Formulation data shall be used to identify VHAP present 
in the coating. The EPA Method 311 shall then be used to quantify those 
VHAP identified through formulation data. The EPA Method 311 shall not 
be used to quantify HAP such as styrene and formaldehyde that are 
emitted during the cure. The EPA Method 24 (40 CFR part 60, appendix A) 
shall be used to determine the solids content by weight and the density 
of coatings. If it is demonstrated to the satisfaction of the 
Administrator that a coating does not release VOC or HAP byproducts 
during the cure, for example, all VOC and HAP present in the coating is 
solvent, then batch formulation information shall be accepted. The owner 
or operator of an affected source may request approval from the 
Administrator to use an alternative method for determining the VHAP 
content of the coating. In the event of any inconsistency between the 
EPA Method 24 or Method 311 test data and a facility's formulation data, 
that is, if the EPA Method 24/311 value is higher, the EPA Method 24/311 
test shall govern unless after consultation, a regulated source could 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data were correct. Sampling procedures shall follow the 
guidelines presented in ``Standard Procedures for Collection of Coating 
and Ink Samples for VOC Content Analysis by Reference Method 24 and 
Reference Method 24A,'' EPA-340/1-91-010. (Docket No. A-93-10, Item No. 
IV-A-1).
    (b) Owners or operators demonstrating compliance in accordance with 
Sec. 63.804 (f)(4) or (f)(6) and Sec. 63.804 (g)(4) or (g)(6), or 
complying with any of the other emission limits of Sec. 63.802 by 
operating a capture or control device shall determine the overall 
control efficiency of the control system (R) as the product of the 
capture and control device efficiency, using the test methods cited in 
Sec. 63.805(c) and the procedures in Sec. 63.805 (d) or (e).
    (c) When an initial compliance demonstration is required by 
Sec. 63.804 (f)(4) or (f)(6) of this subpart, the procedures in 
paragraphs (c)(1) through (c)(6) of this section shall be used in 
determining initial compliance with the provisions of this subpart.
    (1) The EPA Method 18 (40 CFR part 60, appendix A) shall be used to 
determine the HAP concentration of gaseous air streams. The test shall 
consist of three separate runs, each lasting a minimum of 30 minutes.
    (2) The EPA Method 1 or 1A (40 CFR part 60, appendix A) shall be 
used for sample and velocity traverses.
    (3) The EPA Method 2, 2A, 2C, or 2D (40 CFR part 60, appendix A) 
shall be used to measure velocity and volumetric flow rates.
    (4) The EPA Method 3 (40 CFR part 60, appendix A) shall be used to 
analyze the exhaust gases.
    (5) The EPA Method 4 (40 CFR part 60, appendix A) shall be used to 
measure the moisture in the stack gas.
    (6) The EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as 
applicable, at least twice during each test period.
    (d) Each owner or operator of an affected source demonstrating 
compliance in accordance with Sec. 63.804 (f)(4) or (f)(6) shall perform 
a gaseous emission test using the following procedures:
    (1) Construct the overall HAP emission reduction system so that all 
volumetric flow rates and total HAP emissions can be accurately 
determined by the applicable test methods specified in Sec. 63.805(c) 
(1) through (6);
    (2) Determine capture efficiency from the affected emission point(s) 
by capturing, venting, and measuring all HAP emissions from the affected 
emission point(s). During a performance test, the owner or operator 
shall isolate affected emission point(s) located in an area with other 
nonaffected gaseous emission sources from all other gaseous emission 
point(s) by any of the following methods:
    (i) Build a temporary total enclosure (see Sec. 63.801) around the 
affected emission point(s); or
    (ii) Use the building that houses the process as the enclosure (see 
Sec. 63.801);
    (iii) Use any alternative protocol and test method provided they 
meet either the requirements of the data quality objective (DQO) 
approach or the lower

[[Page 1021]]

confidence level (LCL) approach (see Sec. 63.801);
    (iv) Shut down all nonaffected HAP emission point(s) and continue to 
exhaust fugitive emissions from the affected emission point(s) through 
any building ventilation system and other room exhausts such as drying 
ovens. All exhaust air must be vented through stacks suitable for 
testing; or
    (v) Use another methodology approved by the Administrator provided 
it complies with the EPA criteria for acceptance under part 63, appendix 
A, Method 301.
    (3) Operate the control device with all affected emission points 
that will subsequently be delivered to the control device connected and 
operating at maximum production rate;
    (4) Determine the efficiency (F) of the control device using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR07DE95.000

    (5) Determine the efficiency (N) of the capture system using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR07DE95.001

    (6) For each affected source complying with Sec. 63.802(a)(1) in 
accordance with Sec. 63.804(a)(3), compliance is demonstrated if the 
product of (F x N)(100) yields a value (R) such that the value of 
Eac in Equation 2 is no greater than 1.0.
    (7) For each new affected source complying with Sec. 63.802(b)(1) in 
accordance with Sec. 63.804(d)(3), compliance is demonstrated if the 
product of (F x N)(100) yields a value (R) such that the value of 
Eac in Equation 4 is no greater than 0.8.
    (8) For each affected source complying with Sec. 63.802(a)(2)(ii) in 
accordance with Sec. 63.804(c)(2), compliance is demonstrated if the 
product of (F x N)(100) yields a value (R) such that the value of 
Gac in Equation 3 is no greater than 1.0.
    (9) For each new affected source complying with Sec. 63.802(b)(2) in 
accordance with Sec. 63.804(e)(2), compliance is demonstrated if the 
product of (F x N)(100) yields a value (R) such that the value of 
Gac in Equation 3 is no greater than 0.2.
    (e) An alternative method to the compliance method in Sec. 63.805(d) 
is the installation of a permanent total enclosure around the affected 
emission point(s). A permanent total enclosure presents prima facia 
evidence that all HAP emissions from the affected emission point(s) are 
directed to the control device. Each affected source that complies using 
a permanent total enclosure shall:
    (1) Demonstrate that the total enclosure meets the requirements in 
paragraphs (e)(1) (i) through (iv). The owner

[[Page 1022]]

or operator of an enclosure that does not meet these requirements may 
apply to the Administrator for approval of the enclosure as a total 
enclosure on a case-by-case basis. The enclosure shall be considered a 
total enclosure if it is demonstrated to the satisfaction of the 
Administrator that all HAP emissions from the affected emission point(s) 
are contained and vented to the control device. The requirements for 
automatic approval are as follows:
    (i) The total area of all natural draft openings shall not exceed 5 
percent of the total surface area of the total enclosure's walls, floor, 
and ceiling;
    (ii) All sources of emissions within the enclosure shall be a 
minimum of four equivalent diameters away from each natural draft 
opening;
    (iii) The average inward face velocity (FV) across all natural draft 
openings shall be a minimum of 3,600 meters per hour as determined by 
the following procedures:
    (A) All forced makeup air ducts and all exhaust ducts are 
constructed so that the volumetric flow rate in each can be accurately 
determined by the test methods specified in Sec. 63.805 (c)(2) and (3). 
Volumetric flow rates shall be calculated without the adjustment 
normally made for moisture content; and
    (B) Determine FV by the following equation:
    [GRAPHIC] [TIFF OMITTED] TR07DE95.002
    
    (iv) All access doors and windows whose areas are not included as 
natural draft openings and are not included in the calculation of FV 
shall be closed during routine operation of the process.
    (2) Determine the control device efficiency using Equation (5), and 
the test methods and procedures specified in Sec. 63.805 (c)(1) through 
(6).
    (3) For each affected source complying with Sec. 63.802(a)(1) in 
accordance with Sec. 63.804(a)(3), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N=1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (F x N)(100) yields a value (R) such that the 
value of Eac in Equation 2 is no greater than 1.0.
    (4) For each new affected source complying with Sec. 63.802(b)(1) in 
accordance with Sec. 63.804(d)(3), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N = 1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (F x N)(100) yields a value (R) such that the 
value of Eac in Equation 4 is no greater than 0.8.
    (5) For each affected source complying with Sec. 63.802(a)(2)(ii) in 
accordance with Sec. 63.804(c)(2), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N=1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (F x N)(100) yields a value (R) such that the 
value of Gac in Equation 3 is no greater than 1.0.
    (6) For each new affected source complying with Sec. 63.802(b)(2) in 
accordance with Sec. 63.804(e)(2), compliance is demonstrated if:
    (i) The installation of a permanent total enclosure is demonstrated 
(N=1);
    (ii) The value of F is determined from Equation (5); and
    (iii) The product of (F x N)(100) yields a value (R) such that the 
value of Gac in Equation 3 is no greater than 0.2.

[[Page 1023]]



Sec. 63.806  Recordkeeping requirements.

    (a) The owner or operator of an affected source subject to this 
subpart shall fulfill all recordkeeping requirements of Sec. 63.10 of 
subpart A, according to the applicability criteria in Sec. 63.800(d) of 
this subpart.
    (b) The owner or operator of an affected source subject to the 
emission limits in Sec. 63.802 of this subpart shall maintain records of 
the following:
    (1) A certified product data sheet for each finishing material, 
thinner, contact adhesive, and strippable spray booth coating subject to 
the emission limits in Sec. 63.802; and
    (2) The VHAP content, in kg VHAP/kg solids (lb VHAP/lb solids), as 
applied, of each finishing material and contact adhesive subject to the 
emission limits in Sec. 63.802; and
    (3) The VOC content, in kg VOC/kg solids (lb VOC/lb solids), as 
applied, of each strippable booth coating subject to the emission limits 
in Sec. 63.802 (a)(3) or (b)(3).
    (c) The owner or operator of an affected source following the 
compliance method in Sec. 63.804 (a)(1) or (d)(1) shall maintain copies 
of the averaging calculation for each month following the compliance 
date, as well as the data on the quantity of coatings and thinners used 
that is necessary to support the calculation of E in Equation 1.
    (d) The owner or operator of an affected source following the 
compliance procedures of Sec. 63.804 (f)(3)(ii) and (g)(3)(ii) shall 
maintain the records required by Sec. 63.806(b) as well as records of 
the following:
    (1) Solvent and coating additions to the continuous coater 
reservoir;
    (2) Viscosity measurements; and
    (3) Data demonstrating that viscosity is an appropriate parameter 
for demonstrating compliance.
    (e) The owner or operator of an affected source subject to the work 
practice standards in Sec. 63.803 of this subpart shall maintain onsite 
the work practice implementation plan and all records associated with 
fulfilling the requirements of that plan, including, but not limited to:
    (1) Records demonstrating that the operator training program 
required by Sec. 63.803(b) is in place;
    (2) Records collected in accordance with the inspection and 
maintenance plan required by Sec. 63.803(c);
    (3) Records associated with the cleaning solvent accounting system 
required by Sec. 63.803(d);
    (4) Records associated with the limitation on the use of 
conventional air spray guns showing total finishing material usage and 
the percentage of finishing materials applied with conventional air 
spray guns for each semiannual period as required by Sec. 63.803(h)(5).
    (5) Records associated with the formulation assessment plan required 
by Sec. 63.803(l); and
    (6) Copies of documentation such as logs developed to demonstrate 
that the other provisions of the work practice implementation plan are 
followed.
    (f) The owner or operator of an affected source following the 
compliance method of Sec. 63.804 (f)(4) or (g)(4) shall maintain copies 
of the calculations demonstrating that the overall control efficiency 
(R) of the control system results in the value of Eac required by 
Equations 2 or 4, records of the operating parameter values, and copies 
of the semiannual compliance reports required by Sec. 63.807(d).
    (g) The owner or operator of an affected source following the 
compliance method of Sec. 63.804 (f)(6) or (g)(6), shall maintain copies 
of the calculations demonstrating that the overall control efficiency 
(R) of the control system results in the applicable value of Gac 
calculated using Equation 3, records of the operating parameter values, 
and copies of the semiannual compliance reports required by 
Sec. 63.807(d).
    (h) The owner or operator of an affected source subject to the 
emission limits in Sec. 63.802 and following the compliance provisions 
of Sec. 63.804(f) (1), (2), (3), (5), (7) and (8) and Sec. 63.804(g) 
(1), (2), (3), (5), (7), and (8) shall maintain records of the 
compliance certifications submitted in accordance with Sec. 63.807(c) 
for each semiannual period following the compliance date.
    (i) The owner or operator of an affected source shall maintain 
records of all other information submitted with the compliance status 
report required by Sec. 63.9(h) and Sec. 63.807(b) and the semiannual 
reports required by Sec. 63.807(c).

[[Page 1024]]

    (j) The owner or operator of an affected source shall maintain all 
records in accordance with the requirements of Sec. 63.10(b)(1).



Sec. 63.807  Reporting requirements.

    (a) The owner or operator of an affected source subject to this 
subpart shall fulfill all reporting requirements of Sec. 63.7 through 
Sec. 63.10 of subpart A (General Provisions) according to the 
applicability criteria in Sec. 63.800(d) of this subpart.
    (b) The owner or operator of an affected source demonstrating 
compliance in accordance with Sec. 63.804(f) (1), (2), (3), (5), (7) and 
(8) shall submit the compliance status report required by Sec. 63.9(h) 
of subpart A (General Provisions) no later than 60 days after the 
compliance date. The report shall include the information required by 
Sec. 63.804(f) (1), (2), (3), (5), (7), and (8) of this subpart.
    (c) The owner or operator of an affected source demonstrating 
compliance in accordance with Sec. 63.804(g) (1), (2), (3), (5), (7), 
and (8) shall submit a report covering the previous 6 months of wood 
furniture manufacturing operations:
    (1) The first report shall be submitted 30 calendar days after the 
end of the first 6-month period following the compliance date.
    (2) Subsequent reports shall be submitted 30 calendar days after the 
end of each 6-month period following the first report.
    (3) The semiannual reports shall include the information required by 
Sec. 63.804(g) (1), (2), (3), (5), (7), and (8), a statement of whether 
the affected source was in compliance or noncompliance, and, if the 
affected source was in noncompliance, the measures taken to bring the 
affected source into compliance.
    (4) The frequency of the reports required by paragraph (c) of this 
section shall not be reduced from semiannually regardless of the history 
of the owner's or operator's compliance status.
    (d) The owner or operator of an affected source demonstrating 
compliance in accordance with Sec. 63.804(g) (4) and (6) of this subpart 
shall submit the excess emissions and continuous monitoring system 
performance report and summary report required by Sec. 63.10(e) of 
subpart A. The report shall include the monitored operating parameter 
values required by Sec. 63.804(g) (4) and (6). If the source experiences 
excess emissions, the report shall be submitted quarterly for at least 1 
year after the excess emissions occur and until a request to reduce 
reporting frequency is approved, as indicated in Sec. 63.10(e)(3)(C). If 
no excess emissions occur, the report shall be submitted semiannually.
    (e) The owner or operator of an affected source required to provide 
a written notification under Sec. 63.803(1)(4) shall include in the 
notification one or more statements that explains the reasons for the 
usage increase. The notification shall be submitted no later than 30 
calendar days after the end of the annual period in which the usage 
increase occurred.



Sec. 63.808  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under Sec. 112(d) of the Clean Air Act, the authorities contained 
in paragraph (b) of this section shall be retained by the Administrator 
and not transferred to a State.
    (b) The authority conferred in Sec. 63.804(f)(4)(iv) (D) and (E), 
Sec. 63.804(g)(4)(iii)(C), Sec. 63.804(g)(4)(vi), Sec. 63.804(g)(6)(vi), 
Sec. 63.805(a), Sec. 63.805(d)(2)(V), and Sec. 63.805(e)(1) shall not be 
delegated to any State.
Secs. 63.809-63.819  [Reserved]

                     Tables to Subpart JJ to Part 63

        Table 1.--General Provisions Applicability to Subpart JJ        
------------------------------------------------------------------------
                                  Applies to                            
          Reference               subpart JJ             Comment        
------------------------------------------------------------------------
63.1(a).....................  Yes                                       
63.1(b)(1)..................  No...............  Subpart JJ specifies   
                                                  applicability.        
63.1(b)(2)..................  Yes                                       
63.1(b)(3)..................  Yes                                       
63.1(c)(1)..................  No...............  Subpart JJ specifies   
                                                  applicability.        
63.1(c)(2)..................  No...............  Area sources are not   
                                                  subject to subpart JJ.

[[Page 1025]]

                                                                        
63.1(c)(4)..................  Yes                                       
63.1(c)(5)..................  Yes                                       
63.1(e).....................  Yes                                       
63.2........................  Yes..............  Additional terms are   
                                                  defined in 63.801(a)  
                                                  of subpart JJ. When   
                                                  overlap between       
                                                  subparts A and JJ     
                                                  occurs, subpart JJ    
                                                  takes precedence.     
63.3........................  Yes..............  Other units used in    
                                                  subpart JJ are defined
                                                  in 63.801(b).         
63.4........................  Yes                                       
63.5........................  Yes                                       
63.6(a).....................  Yes                                       
63.6(b)(1)..................  Yes                                       
63.6(b)(2)..................  Yes                                       
63.6(b)(3)..................  Yes                                       
63.6(b)(4)..................  No...............  May apply when         
                                                  standards are proposed
                                                  under Section 112(f)  
                                                  of the CAA.           
63.6(b)(5)..................  Yes                                       
63.6(b)(7)..................  Yes                                       
63.6(c)(1)..................  Yes                                       
63.6(c)(2)..................  No                                        
63.6(c)(5)..................  Yes                                       
63.6(e)(1)..................  Yes                                       
63.6(e)(2)..................  Yes                                       
63.6(e)(3)..................  Yes                Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.6(f)(1)..................  No...............  Affected sources       
                                                  complying through the 
                                                  procedures specified  
                                                  in 63.804 (a)(1),     
                                                  (a)(2), (b), (c)(1),  
                                                  (d)(1), (d)(2),       
                                                  (e)(1), and (e)(2) are
                                                  subject to the        
                                                  emission standards at 
                                                  all times, including  
                                                  periods of startup,   
                                                  shutdown, and         
                                                  malfunction.          
63.6(f)(2)..................  Yes                                       
63.6(f)(3)..................  Yes                                       
63.6(g).....................  Yes                                       
63.6(h).....................  No...............                         
63.6 (i)(1)-(i)(3)..........  Yes                                       
63.6(i)(4)(i)...............  Yes                                       
63.6(i)(4)(ii)..............  No...............                         
63.6 (i)(5)-(i)(14).........  Yes                                       
63.6(i)(16).................  Yes                                       
63.6(j).....................  Yes                                       
63.7........................  Yes..............  Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.8........................  Yes..............  Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.9(a).....................  Yes                                       
63.9(b).....................  Yes..............  Existing sources are   
                                                  required to submit    
                                                  initial notification  
                                                  report within 270 days
                                                  of the effective date.
63.9(c).....................  Yes                                       
63.9(d).....................  Yes                                       
63.9(e).....................  Yes..............  Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.9(f).....................  No                                        
63.9(g).....................  Yes..............  Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.9(h).....................  Yes..............  63.9(h)(2)(ii) applies 
                                                  only to affected      
                                                  sources using a       
                                                  control device to     
                                                  comply with the rule. 
63.9(i).....................  Yes                                       
63.9(j).....................  Yes                                       
63.10(a)....................  Yes                                       
63.10(b)(1).................  Yes                                       
63.10(b)(2).................  Yes..............  Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.10(b)(3).................  Yes                                       
63.10(c)....................  Yes                                       
63.10(d)(1).................  Yes                                       
63.10(d)(2).................  Yes..............  Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.10(d)(3).................  No                                        
63.10(d)(4).................  Yes                                       
63.10(d)(5).................  Yes..............  Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.10(e)....................  Yes..............  Applies only to        
                                                  affected sources using
                                                  a control device to   
                                                  comply with the rule. 
63.10(f)....................  Yes                                       
63.11.......................  No                                        
63.12-63.15.................  Yes                                       
------------------------------------------------------------------------


           Table 2.--List of Volatile Hazardous Air Pollutants          
------------------------------------------------------------------------
                        Chemical name                           CAS No. 
------------------------------------------------------------------------
Acetaldehyde.................................................      75070
Acetamide....................................................      60355

[[Page 1026]]

                                                                        
Acetonitrile.................................................      75058
Acetophenone.................................................      98862
2-Acetylaminofluorine........................................      53963
Acrolein.....................................................     107028
Acrylamide...................................................      79061
Acrylic acid.................................................      79107
Acrylonitrile................................................     107131
Allyl chloride...............................................     107051
4-Aminobiphenyl..............................................      92671
Aniline......................................................      62533
o-Anisidine..................................................      90040
Benzene......................................................      71432
Benzidine....................................................      92875
Benzotrichloride.............................................      98077
Benzyl chloride..............................................     100447
Biphenyl.....................................................      92524
Bis(2-ethylhexyl) phthalate (DEHP)...........................     117817
Bis(chloromethyl) ether......................................     542881
Bromoform....................................................      75252
1,3-Butadiene................................................     106990
Caprolactam..................................................     105602
Carbon disulfide.............................................      75150
Carbon tetrachloride.........................................      56235
Carbonyl sulfide.............................................     463581
Catechol.....................................................     120809
Chloroacetic acid............................................      79118
2-Chloroacetophenone.........................................     532274
Chlorobenzene................................................     108907
Chloroform...................................................      67663
Chloromethyl methyl ether....................................     107302
Chloroprene..................................................     126998
Cresols (isomers and mixture)................................    1319773
o-Cresol.....................................................      95487
m-Cresol.....................................................     108394
p-Cresol.....................................................     106445
Cumene.......................................................      98828
2,4-D (2,4-Dichlorophenoxyacetic acid, including salts and              
 esters).....................................................      94757
DDE (1,1-Dichloro-2,2-bis (p-chlorophenyl) ethylene).........      72559
Diazomethane.................................................     334883
Dibenzofuran.................................................     132649
1,2-Dibromo-3-chloropropane..................................      96128
Dibutylphthalate.............................................      84742
1,4-Dichlorobenzene..........................................     106467
3,3'-Dichlorobenzidine.......................................      91941
Dichloroethyl ether (Bis (2-chloroethyl) ether)..............     111444
1,3-Dichloropropene..........................................     542756
Diethanolamine...............................................     111422
N,N-Dimethylaniline..........................................     121697
Diethyl sulfate..............................................      64675
3,3'-Dimethoxybenzidine......................................     119904
4-Dimethylaminoazobenzene....................................      60117
3,3'-Dimethylbenzidine.......................................     119937
Dimethylcarbamoyl chloride...................................      79447
N,N-Dimethylformamide........................................      68122
1,1-Dimethylhydrazine........................................      57147
Dimethyl phthalate...........................................     131113
Dimethyl sulfate.............................................      77781
4,6-Dinitro-o-cresol, and salts..............................  .........
2,4-Dinitrophenol............................................      51285
2,4-Dinitrotoluene...........................................     121142
1,4-Dioxane (1,4-Diethyleneoxide)............................     123911
1,2-Diphenylhydrazine........................................     122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane)..................     106898
1,2-Epoxybutane..............................................     106887
Ethyl acrylate...............................................     140885
Ethylbenzene.................................................     100414
Ethyl carbamate (Urethane)...................................      51796
Ethyl chloride (Chloroethane)................................      75003
Ethylene dibromide (Dibromoethane)...........................     106934
Ethylene dichloride (1,2-Dichloroethane).....................     107062
Ethylene glycol..............................................     107211
Ethylene oxide...............................................      75218
Ethylenethiourea.............................................      96457
Ethylidene dichloride (1,1-Dichloroethane)...................      75343
Formaldehyde.................................................      50000
Glycol ethers................................................          0
Hexachlorobenzene............................................     118741
Hexachloro-1,3-butadiene.....................................      87683
Hexachloroethane.............................................      67721
Hexamethylene-1,6-diisocyanate...............................     822060
Hexamethylphosphoramide......................................     680319
Hexane.......................................................     110543
Hydrazine....................................................     302012
Hydroquinone.................................................     123319
Isophorone...................................................      78591
Maleic anhydride.............................................     108316
Methanol.....................................................      67561
Methyl bromide (Bromomethane)................................      74839
Methyl chloride (Chloromethane)..............................      74873
Methyl chloroform (1,1,1-Trichloroethane)....................      71556
Methyl ethyl ketone (2-Butanone).............................      78933
Methylhydrazine..............................................      60344
Methyl iodide (Iodomethane)..................................      74884
Methyl isobutyl ketone (Hexone)..............................     108101
Methyl isocyanate............................................     624839
Methyl methacrylate..........................................      80626
Methyl tert-butyl ether......................................    1634044
4,4'-Methylenebis (2-chloroaniline)..........................     101144
Methylene chloride (Dichloromethane).........................      75092
4,4'-Methylenediphenyl diisocyanate (MDI)....................     101688
4,4'-Methylenedianiline......................................     101779
Naphthalene..................................................      91203
Nitrobenzene.................................................      98953
4-Nitrobiphenyl..............................................      92933
4-Nitrophenol................................................     100027
2-Nitropropane...............................................      79469
N-Nitroso-N-methylurea.......................................     684935
N-Nitrosodimethylamine.......................................      62759
N-Nitrosomorpholine..........................................      59892
Phenol.......................................................     108952
p-Phenylenediamine...........................................     106503
Phosgene.....................................................      75445
Phthalic anhydride...........................................      85449
Polychlorinated biphenyls (Aroclors).........................    1336363
Polycyclic Organic Matter b..................................          0
1,3-Propane sultone..........................................    1120714
beta-Propiolactone...........................................      57578
Propionaldehyde..............................................     123386
Propoxur (Baygon)............................................     114261
Propylene dichloride (1,2-Dichloropropane)...................      78875
Propylene oxide..............................................      75569
1,2-Propylenimine (2-Methyl aziridine).......................      75558
Quinone......................................................     106514
Styrene......................................................     100425
Styrene oxide................................................      96093
2,3,7,8-Tetrachlorodibenzo-p-dioxin..........................    1746016
1,1,2,2-Tetrachloroethane....................................      79345
Tetrachloroethylene (Perchloroethylene)......................     127184
Toluene......................................................     108883
2,4-Toluenediamine...........................................      95807
Toluene-2,4-diisocyanate.....................................     584849
o-Toluidine..................................................      95534
1,2,4-Trichlorobenzene.......................................     120821
1,1,2-Trichloroethane........................................      79005
Trichloroethylene............................................      79016
2,4,5-Trichlorophenol........................................      95954
2,4,6-Trichlorophenol........................................      88062
Triethylamine................................................     121448
Trifluralin..................................................    1582098
2,2,4-Trimethylpentane.......................................     540841

[[Page 1027]]

                                                                        
Vinyl acetate................................................     108054
Vinyl bromide................................................     593602
Vinyl chloride...............................................      75014
Vinylidene chloride (1,1-Dichloroethylene)...................      75354
Xylenes (isomers and mixture)................................    1330207
o-Xylene.....................................................      95476
m-Xylene.....................................................     108383
p-Xylene.....................................................     106423
------------------------------------------------------------------------
a Includes mono- and di-ethers of ethylene glycol, diethylene glycols   
  and triethylene glycol; R-(OCH2CH2)RR-OR where:                       
n = 1, 2, or 3,                                                         
R = alkyl or aryl groups                                                
R' = R, H, or groups which, when removed, yield glycol ethers with the  
  structure: R-(OCH2CH2)n-OH. Polymers are excluded from the glycol     
  category.                                                             
b Includes organic compounds with more than one benzene ring, and which 
  have a boiling point greater than or equal to 100 deg.C.              


                  Table 3.--Summary of Emission Limits                  
------------------------------------------------------------------------
                                                  Existing              
                Emission point                     source     New source
------------------------------------------------------------------------
Finishing Operations:                                                   
  (a) Achieve a weighted average VHAP content                           
   across all coatings (maximum kg VHAP/kg                              
   solids [lb VHAP/lb solids], as applied.....        a 1.0        a 0.8
  (b) Use compliant finishing materials                                 
   (maximum kg VHAP/kg solids [lb VHAP/lb                               
   solids], as applied):                                                
      --stains................................        a 1.0        a 1.0
      --washcoats.............................      a,b 1.0      a,b 0.8
      --sealers...............................        a 1.0        a 0.8
      --topcoats..............................        a 1.0        a 0.8
      --basecoats.............................      a,b 1.0      a,b 0.8
      --enamels...............................      a,b 1.0      a,b 0.8
      --thinners (maximum % HAP allowable); or         10.0         10.0
  (c) As an alternative, use control device;                            
   or.........................................        c 1.0        c 0.8
  (d) Use any combination of (a), (b), and (c)          1.0          0.8
Cleaning Operations:                                                    
  Strippable spray booth material (maximum VOC                          
   content, kg VOC/kg solids [lb VOC/lb                                 
   solids])...................................          0.8          0.8
Contact Adhesives:                                                      
  (a) Use compliant contact adhesives (maximum                          
   kg VHAP/kg solids [lb VHAP/lb solids], as                            
   applied) based on following criteria:                                
      i. For aerosol adhesives, and for                                 
       contact adhesives applied to nonporous                           
       substrates.............................         d NA         d NA
      ii. For foam adhesives used in products                           
       that meet flammability requirements....          1.8          0.2
      iii. For all other contact adhesives                              
       (including foam adhesives used in                                
       products that do not meet flammability                           
       requirements); or......................          1.0          0.2
  (b) Use a control device....................        e 1.0        e 0.2
------------------------------------------------------------------------
a The limits refer to the VHAP content of the coating, as applied.      
b Washcoats, basecoats, and enamels must comply with the limits         
  presented in this table if they are purchased premade, that is, if    
  they are not formulated onsite by thinning other finishing materials. 
  If they are formulated onsite, they must be formulated using compliant
  finishing materials, i.e., those that meet the limits specified in    
  this table, and thinners containing no more than 3.0 percent HAP by   
  weight.                                                               
c The control device must operate at an efficiency that is equivalent to
  no greater than 1.0 kilogram (or 0.8 kilogram) of VHAP being emitted  
  from the affected emission source per kilogram of solids used.        
d There is no limit on the VHAP content of these adhesives.             
e The control device must operate at an efficiency that is equivalent to
  no greater than 1.0 kilogram (or 0.2 kilogram) of VHAP being emitted  
  from the affected emission source per kilogram of solids used.        


 Table 4.--Pollutants Excluded From use in Cleaning and Washoff Solvents
------------------------------------------------------------------------
                        Chemical name                           CAS No. 
------------------------------------------------------------------------
4-Aminobiphenyl..............................................      92671
Styrene oxide................................................      96093
Diethyl sulfate..............................................      64675
N-Nitrosomorpholine..........................................      59892
Dimethyl formamide...........................................      68122
Hexamethylphosphoramide......................................     680319
Acetamide....................................................      60355
4,4'-Methylenedianiline......................................     101779
o-Anisidine..................................................      90040
2,3,7,8-Tetrachlorodibenzo-p-dioxin..........................    1746016
Beryllium salts..............................................           
Benzidine....................................................      92875
N-Nitroso-N-methylurea.......................................     684935
Bis(chloromethyl)ether.......................................     542881
Dimethyl carbamoyl chloride..................................      79447
Chromium compounds (hexavalent)..............................           
1,2-Propylenimine (2-Methyl aziridine).......................      75558
Arsenic and inorganic arsenic compounds......................   99999904
Hydrazine....................................................     302012
1,1-Dimethyl hydrazine.......................................      57147
Beryllium compounds..........................................    7440417
1,2-Dibromo-3-chloropropane..................................      96128
N-Nitrosodimethylamine.......................................      62759
Cadmium compounds............................................           
Benzo (a) pyrene.............................................      50328
Polychlorinated biphenyls (Aroclors).........................    1336363
Heptachlor...................................................      76448
3,3'-Dimethyl benzidine......................................     119937

[[Page 1028]]

                                                                        
Nickel subsulfide............................................   12035722
Acrylamide...................................................      79061
Hexachlorobenzene............................................     118741
Chlordane....................................................      57749
1,3-Propane sultone..........................................    1120714
1,3-Butadiene................................................     106990
Nickel refinery dust.........................................           
2-Acetylaminoflourine........................................      53963
3,3'-Dichlorobenzidine.......................................      53963
Lindane (hexachlorcyclohexane, gamma)........................      58899
2,4-Toluene diamine..........................................      95807
Dichloroethyl ether (Bis(2-chloroethyl)ether)................     111444
1,2-Diphenylhydrazine........................................     122667
Toxaphene (chlorinated camphene).............................    8001352
2,4-Dinitrotoluene...........................................     121142
3,3'-Dimethoxybenzidine......................................     119904
Formaldehyde.................................................      50000
4,4'-Methylene bis(2-chloroaniline)..........................     101144
Acrylonitrile................................................     107131
Ethylene dibromide(1,2-Dibromoethane)........................     106934
DDE (1,1-p-chlorophenyl 1-2 dichloroethylene)................      72559
Chlorobenzilate..............................................     510156
Dichlorvos...................................................      62737
Vinyl chloride...............................................      75014
Coke Oven Emissions..........................................   99999908
Ethylene oxide...............................................      75218
Ethylene thiourea............................................      96457
Vinyl bromide (bromoethene)..................................     593602
Selenium sulfide (mono and di)...............................    7488564
Chloroform...................................................      67663
Pentachlorophenol............................................      87865
Ethyl carbamate (Urethane)...................................      51796
Ethylene dichloride (1,2-Dichloroethane).....................     107062
Propylene dichloride (1,2-Dichloropropane)...................      78875
Carbon tetrachloride.........................................      56235
Benzene......................................................      71432
Methyl hydrazine.............................................      60344
Ethyl acrylate...............................................     140885
Propylene oxide..............................................      75569
Aniline......................................................      62533
1,4-Dichlorobenzene(p).......................................     106467
2,4,6-Trichlorophenol........................................      88062
Bis(2-ethylhexyl)phthalate (DEHP)............................     117817
o-Toluidine..................................................      95534
Propoxur.....................................................     114261
Trichloroethylene............................................      79016
1,4-Dioxane (1,4-Diethyleneoxide)............................     123911
Acetaldehyde.................................................      75070
Bromoform....................................................      75252
Captan.......................................................     133062
Epichlorohydrin..............................................     106898
Methylene chloride (Dichloromethane).........................      75092
Tetrachloroethylene (Perchloroethylene)......................     127184
Dibenz (ah) anthracene.......................................      53703
Chrysene.....................................................     218019
Dimethyl aminoazobenzene.....................................      60117
Benzo (a) anthracene.........................................      56553
Benzo (b) fluoranthene.......................................     205992
Antimony trioxide............................................    1309644
2-Nitropropane...............................................      79469
1,3-Dichloropropene..........................................     542756
7, 12-Dimethylbenz(a)anthracene..............................      57976
Benz(c)acridine..............................................     225514
Indeno(1,2,3-cd)pyrene.......................................     193395
1,2:7,8-Dibenzopyrene........................................     189559
------------------------------------------------------------------------


   Table 5.--List of VHAP of Potential Concern Identified by Industry   
------------------------------------------------------------------------
                                                                 EPA de 
                     Chemical                        CAS No.    minimis,
                                                                tons/yr 
------------------------------------------------------------------------
Dimethyl formamide................................      68122        1.0
Formaldehyde......................................      50000        0.2
Methylene chloride................................      75092        4.0
2-Nitropropane....................................      79469        1.0
Isophorone........................................      78591        0.7
Styrene monomer...................................    1000425        1.0
Phenol............................................     108952        0.1
Diethanolamine....................................      11422        5.0
2-Methoxyethanol..................................     109864       10.0
2-Ethoxyethyl acetate.............................     111159        5.0
------------------------------------------------------------------------


                   Table 6.--VHAP of Potential Concern                  
------------------------------------------------------------------------
             CAS No.                           Chemical name            
------------------------------------------------------------------------
                       ``Nonthreshold'' Pollutants                      
------------------------------------------------------------------------
92671...........................  4-Aminobiphenyl.                      
96093...........................  Styrene oxide.                        
64675...........................  Diethyl sulfate.                      
59892...........................  N-Nitrosomorpholine.                  
68122...........................  Dimethyl formamide.                   
80319...........................  Hexamethylphosphoramide.              
60355...........................  Acetamide.                            
101779..........................  4,4'-Methylenedianiline.              
90040...........................  o-Anisidine.                          
1746016.........................  2,3,7,8-Tetrachlorodibenzo-p-         
                                   dioxindioxin.                        
92875...........................  Benzidine                             
684935..........................  N-Nitroso-N-methylurea.               
542881..........................  Bis(chloromethyl)ether.               
79447...........................  Dimethyl carbamoyl chloride.          
75558...........................  1,2-Propylenimine (2-Methyl           
                                   aziridine).                          
57147...........................  1,1-Dimethyl hydrazine.               
96128...........................  1,2-Dibromo-3-chloropropane.          
62759...........................  N-Nitrosodimethylamine.               
50328...........................  Benzo (a) pyrene.                     
1336363.........................  Polychlorinated biphenyls (Aroclors). 
76448...........................  Heptachlor.                           
119937..........................  3,3'-Dimethyl benzidine.              
79061...........................  Acrylamide.                           
118741..........................  Hexachlorobenzene.                    
57749...........................  Chlordane.                            
1120714.........................  1,3-Propane sultone.                  
106990..........................  1,3-Butadiene.                        
53963...........................  2-Acetylaminoflourine.                
53963...........................  3,3'-Dichlorobenzidine.               
58899...........................  Lindane (hexachlorcyclohexane, gamma).
95807...........................  2,4-Toluene diamine.                  
111444..........................  Dichloroethyl ether (Bis(2-           
                                   chloroethyl)ether).                  
122667..........................  1,2 - Diphenylhydrazine.              
8001352.........................  Toxaphene (chlorinated camphene).     
121142..........................  2,4-Dinitrotoluene.                   
119904..........................  3,3'-Dimethoxybenzidine.              
50000...........................  Formaldehyde.                         
101144..........................  4,4'-Methylene bis(2-chloroaniline).  
107131..........................  Acrylonitrile.                        
106934..........................  Ethylene dibromide(1,2-Dibromoethane).
72559...........................  DDE (1,1-p-chlorophenyl 1-2           
                                   dichloroethylene).                   
510156..........................  Chlorobenzilate.                      
62737...........................  Dichlorvos.                           
75014...........................  Vinyl chloride.                       
75218...........................  Ethylene oxide.                       
96457...........................  Ethylene thiourea.                    
593602..........................  Vinyl bromide (bromoethene).          
67663...........................  Chloroform.                           
87865...........................  Pentachlorophenol.                    
51796...........................  Ethyl carbamate (Urethane).           

[[Page 1029]]

                                                                        
107062..........................  Ethylene dichloride (1,2-             
                                   Dichloroethane).                     
78875...........................  Propylene dichloride (1,2-            
                                   Dichloropropane).                    
56235...........................  Carbon tetrachloride.                 
71432...........................  Benzene.                              
140885..........................  Ethyl acrylate.                       
75569...........................  Propylene oxide.                      
62533...........................  Aniline.                              
106467..........................  1,4-Dichlorobenzene(p).               
88062...........................  2,4,6-Trichlorophenol.                
117817..........................  Bis(2-ethylhexyl)phthalate (DEHP).    
95534...........................  o-Toluidine.                          
114261..........................  Propoxur.                             
79016...........................  Trichloroethylene.                    
123911..........................  1,4-Dioxane (1,4-Diethyleneoxide).    
75070...........................  Acetaldehyde.                         
75252...........................  Bromoform.                            
133062..........................  Captan.                               
106898..........................  Epichlorohydrin.                      
75092...........................  Methylene chloride (Dichloromethane). 
127184..........................  Tetrachloroethylene                   
                                   (Perchloroethylene).                 
53703...........................  Dibenz (ah) anthracene.               
218019..........................  Chrysene.                             
60117...........................  Dimethyl aminoazobenzene.             
56553...........................  Benzo (a) anthracene.                 
205992..........................  Benzo (b) fluoranthene.               
79469...........................  2-Nitropropane.                       
542756..........................  1,3-Dichloropropene.                  
57976...........................  7, 12-Dimethylbenz(a)anthracene.      
225514..........................  Benz(c)acridine.                      
193395..........................  Indeno(1,2,3-cd)pyrene.               
189559..........................  1,2:7,8-Dibenzopyrene.                
79345...........................  1,1,2,2-Tetrachloroethane.            
91225...........................  Quinoline.                            
75354...........................  Vinylidene chloride (1,1-             
                                   Dichloroethylene).                   
87683...........................  Hexachlorobutadiene.                  
82688...........................  Pentachloronitrobenzene               
                                   (Quintobenzene).                     
78591...........................  Isophorone.                           
79005...........................  1,1,2-Trichloroethane.                
74873...........................  Methyl chloride (Chloromethane).      
67721...........................  Hexachloroethane.                     
1582098.........................  Trifluralin.                          
1319773.........................  Cresols/Cresylic acid (isomers and    
                                   mixture).                            
108394..........................  m-Cresol.                             
75343...........................  Ethylidene dichloride (1,1-           
                                   Dichloroethane).                     
95487...........................  o-Cresol.                             
106445..........................  p-Cresol.                             
74884...........................  Methyl iodide (Iodomethane).          
100425..........................  Styrene a.                            
107051..........................  Allyl chloride.                       
334883..........................  Diazomethane.                         
95954...........................  2,4,5 - Trichlorophenol.              
133904..........................  Chloramben.                           
106887..........................  1,2 - Epoxybutane.                    
108054..........................  Vinyl acetate.                        
126998..........................  Chloroprene.                          
123319..........................  Hydroquinone.                         
92933...........................  4-Nitrobiphenyl                       
------------------------------------------------------------------------
                       ``High-Concern'' Pollutants                      
------------------------------------------------------------------------
56382...........................  Parathion.                            
13463393........................  Nickel Carbonyl.                      
60344...........................  Methyl hydrazine.                     
75218...........................  Ethylene oxide.                       
151564..........................  Ethylene imine.                       
77781...........................  Dimethyl sulfate.                     
107302..........................  Chloromethyl methyl ether.            
57578...........................  beta-Propiolactone.                   
100447..........................  Benzyl chloride.                      
98077...........................  Benzotrichloride.                     
107028..........................  Acrolein.                             
584849..........................  2,4 - Toluene diisocyanate.           
75741...........................  Tetramethyl lead.                     
78002...........................  Tetraethyl lead.                      
12108133........................  Methylcyclopentadienyl manganese.     
624839..........................  Methyl isocyanate.                    
77474...........................  Hexachlorocyclopentadiene.            
62207765........................  Fluomine.                             
10210681........................  Cobalt carbonyl.                      
79118...........................  Chloroacetic acid.                    
534521..........................  4,6-Dinitro-o-cresol, and salts.      
101688..........................  Methylene diphenyl diisocyanate.      
108952..........................  Phenol.                               
62384...........................  Mercury, (acetato-o) phenyl.          
98862...........................  Acetophenone.                         
108316..........................  Maleic anhydride.                     
532274..........................  2-Chloroacetophenone.                 
51285...........................  2,4-Dinitrophenol.                    
108864..........................  2-Methyoxy ethanol.                   
98953...........................  Nitrobenzene.                         
74839...........................  Methyl bromide (Bromomethane).        
75150...........................  Carbon disulfide.                     
121697..........................  N,N-Dimethylaniline.                  
------------------------------------------------------------------------
                        ``Unrankable'' Pollutants                       
------------------------------------------------------------------------
106514..........................  Quinone.                              
123386..........................  Propionaldehyde.                      
120809..........................  Catechol.                             
85449...........................  Phthalic anhydride.                   
463581..........................  Carbonyl sulfide.                     
132649..........................  Dibenzofurans.                        
100027..........................  4-Nitrophenol.                        
540841..........................  2,2,4-Trimethylpentane.               
11422...........................  Diethanolamine.                       
822060..........................  Hexamethylene-1,6-diisocyanate        
                                  Glycol ethersb                        
                                  Polycyclic organic matterc            
------------------------------------------------------------------------
* = Currently an EPA weight of evidence classification is under review. 
a The EPA does not currently have an official weight-of-evidence        
  classification for styrene. For purposes of this rule, styrene is     
  treated as a ``nonthreshold'' pollutant. (See data report form in     
  appendix A of the hazard ranking technical background document.)      
b Except for 2-ethoxy ethanol, ethylene glycol monobutyl ether, and 2-  
  methoxy ethanol.                                                      
c Except for benzo(b)fluoranthene, benzo(a)anthracene, benzo(a)pyrene,  
  7,12-dimethylbenz(a)anthracene, benz(c)acridine, chrysene, dibenz(ah) 
  anthracene, 1,2:7,8-dibenzopyrene, indeno(1,2,3-cd)pyrene, but        
  including dioxins and furans.                                         



Subpart KK--National Emission Standards for the Printing and Publishing 
                                Industry

    Source: 61 FR 27140, May 30, 1996, unless otherwise.



Sec. 63.820   Applicability.

    (a) The provisions of this subpart apply to:
    (1) Each new and existing facility that is a major source of 
hazardous air pollutants (HAP), as defined in 40 CFR 63.2, at which 
publication rotogravure,

[[Page 1030]]

product and packaging rotogravure, or wide-web flexographic printing 
presses are operated, and
    (2) each new and existing facility at which publication rotogravure, 
product and packaging rotogravure, or wide-web flexographic printing 
presses are operated for which the owner or operator chooses to commit 
to, and meets the criteria of paragraphs (a)(2)(i) and (a)(2)(ii) of 
this section for purposes of establishing the facility to be an area 
source with respect to this subpart:
    (i) Use less than 9.1 Mg (10 tons) per each rolling 12-month period 
of each HAP at the facility, including materials used for source 
categories or purposes other than printing and publishing, and
    (ii) Use less than 22.7 Mg (25 tons) per each rolling 12-month 
period of any combination of HAP at the facility, including materials 
used for source categories or purposes other than printing and 
publishing.
    (3) Each facility for which the owner or operator chooses to commit 
to and meets the criteria stated in paragraph (a)(2) of this section 
shall be considered an area source, and is subject only to the 
provisions of Sec. 63.829(d) and Sec. 63.830(b)(1) of this subpart.
    (4) Each facility for which the owner or operator commits to the 
conditions in paragraph (a)(2) of this section may exclude material used 
in routine janitorial or facility grounds maintenance, personal uses by 
employees or other persons, the use of products for the purpose of 
maintaining electric, propane, gasoline and diesel powered motor 
vehicles operated by the facility, and the use of HAP contained in 
intake water (used for processing or noncontact cooling) or intake air 
(used either as compressed air or for combustion).
    (5) Each facility for which the owner or operator commits to the 
conditions in paragraph (a)(2) of this section to become an area source, 
but subsequently exceeds either of the thresholds in paragraph (a)(2) of 
this section for any rolling 12-month period (without first obtaining 
and complying with other limits that keep its potential to emit HAP 
below major source levels), shall be considered in violation of its 
commitment for that 12-month period and shall be considered a major 
source of HAP beginning the first month after the end of the 12-month 
period in which either of the HAP-use thresholds was exceeded. As a 
major source of HAP, each such facility would be subject to the 
provisions of this subpart as noted in paragraph (a)(1) of this section 
and would no longer be eligible to use the provisions of paragraph 
(a)(2) of this section, even if in subsequent 12-month periods the 
facility uses less HAP than the thresholds in paragraph (a)(2) of this 
section.
    (6) An owner or operator of an affected source subject to paragraph 
(a)(2) of this section who chooses to no longer be subject to paragraph 
(a)(2) of this section shall notify the Administrator of such change. 
If, by no longer being subject to paragraph (a)(2) of this section, the 
facility at which the affected source is located becomes a major source:
    (i) The owner or operator of an existing source must continue to 
comply with the HAP usage provisions of paragraph (a)(2) of this section 
until the source is in compliance with all relevant requirements for 
existing affected sources under this subpart;
    (ii) The owner or operator of a new source must continue to comply 
with the HAP usage provisions of paragraph (a)(2) of this section until 
the source is in compliance with all relevant requirements for new 
affected sources under this subpart.
    (7) Nothing in this paragraph is intended to preclude a facility 
from establishing area source status by limiting its potential to emit 
through other appropriate mechanisms that may be available through the 
permitting authority.
    (b) This subpart does not apply to research or laboratory equipment.



Sec. 63.821   Designation of affected sources.

    (a) The affected sources subject to this subpart are:
    (1) All of the publication rotogravure presses and all affiliated 
equipment, including proof presses, cylinder and parts cleaners, ink and 
solvent mixing and storage equipment, and solvent recovery equipment at 
a facility.

[[Page 1031]]

    (2) All of the product and packaging rotogravure or wide-web 
flexographic printing presses at a facility plus any other equipment at 
that facility which the owner or operator chooses to include in 
accordance with paragraph (a)(3) of this section, except
    (i) Proof presses, and
    (ii) Any product and packaging rotogravure or wide-web flexographic 
press which is used primarily for coating, laminating, or other 
operations which the owner or operator chooses to exclude, provided that
    (A) The sum of the total mass of inks, coatings, varnishes, 
adhesives, primers, solvents, thinners, reducers, and other materials 
applied by the press using product and packaging rotogravure work 
stations and the total mass of inks, coatings, varnishes, adhesives, 
primers, solvents, thinners, reducers, and other materials applied by 
the press using wide-web flexographic print stations in each month never 
exceeds five weight-percent of the total mass of inks, coatings, 
varnishes, adhesives, primers, solvents, thinners, reducers, and other 
materials applied by the press in that month, including all inboard and 
outboard stations, and
    (B) The owner or operator maintains records as required in 
Sec. 63.829(f).
    (3) The owner or operator of an affected source, as defined in 
paragraph (a)(2) of this section, may elect to include in that affected 
source stand-alone coating equipment subject to the following 
provisions:
    (i) Stand-alone coating equipment meeting any of the criteria 
specified in this subparagraph is eligible for inclusion:
    (A) The stand-alone coating equipment and one or more product and 
packaging rotogravure or wide-web flexographic presses are used to apply 
solids-containing materials to the same web or substrate, or
    (B) The stand-alone coating equipment and one or more product and 
packaging rotogravure or wide-web flexographic presses apply a common 
solids-containing material, or
    (C) A common control device is used to control organic HAP emissions 
from the stand-alone coating equipment and from one or more product and 
packaging rotogravure or wide-web flexographic printing presses;
    (ii) All eligible stand-alone coating equipment located at the 
facility is included in the affected source; and
    (iii) No product and packaging rotogravure or wide-web flexographic 
presses are excluded from the affected source under the provisions of 
paragraph (a)(2)(ii) of this section.
    (b) Each product and packaging rotogravure or wide-web flexographic 
printing affected source at a facility that is a major source of HAP, as 
defined in 40 CFR 63.2, that complies with the criteria of paragraphs 
(b)(1) or (b)(2) on and after the applicable compliance date as 
specified in Sec. 63.826 of this subpart is subject only to the 
requirements of Sec. 63.829(e) and Sec. 63.830(b)(1) of this subpart.
    (1) The owner or operator of the source applies no more than 500 kg 
per month, for every month, of inks, coatings, varnishes, adhesives, 
primers, solvents, thinners, reducers, and other materials on product 
and packaging rotogravure or wide-web flexographic printing presses, or
    (2) The owner or operator of the source applies no more than 400 kg 
per month, for every month, of organic HAP on product and packaging 
rotogravure or wide-web flexographic printing presses.
    (c) Each product and packaging rotogravure or wide-web flexographic 
printing affected source at a facility that is a major source of HAP, as 
defined in 40 CFR 63.2, that complies with neither the criterion of 
paragraph (b)(1) nor (b)(2) of this section in any month after the 
applicable compliance date as specified in Sec. 63.826 of this subpart 
is, starting with that month, subject to all relevant requirements of 
this subpart and is no longer eligible to use the provisions of 
paragraph (b) of this section, even if in subsequent months the affected 
source does comply with the criteria of paragraphs (b)(1) or (b)(2) of 
this section.



Sec. 63.822  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the CAA and in subpart A of this part.

[[Page 1032]]

    Always-controlled work station means a work station associated with 
a dryer from which the exhaust is delivered to a control device, with no 
provision for the dryer exhaust to bypass the control device. Sampling 
lines for analyzers and relief valves needed for safety purposes are not 
considered bypass lines.
    Capture efficiency means the fraction of all organic HAP emissions 
generated by a process that are delivered to a control device, expressed 
as a percentage.
    Capture system means a hood, enclosed room, or other means of 
collecting organic HAP emissions into a closed-vent system that exhausts 
to a control device.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve or damper (e.g., from open to closed) in 
such a way that the position of the valve or damper cannot be changed 
without breaking the seal.
    Certified product data sheet (CPDS) means documentation furnished by 
suppliers of inks, coatings, varnishes, adhesives, primers, solvents, 
and other materials or by an outside laboratory that provides the 
organic HAP content of these materials, by weight, measured using Method 
311 of appendix A of this part 63 or an equivalent or alternative method 
(or formulation data as provided in Sec. 63.827(b)) and the solids 
content of these materials, by weight, determined in accordance with 
Sec. 63.827(c). The purpose of the CPDS is to assist the owner or 
operator in demonstrating compliance with the emission limitations 
presented in Secs. 63.824-63.825.
    Coating operation means the application of a uniform layer of 
material across the entire width of a substrate.
    Coating station means a work station on which a coating operation is 
conducted.
    Control device means a device such as a carbon adsorber or oxidizer 
which reduces the organic HAP in an exhaust gas by recovery or by 
destruction.
    Control device efficiency means the ratio of organic HAP emissions 
recovered or destroyed by a control device to the total HAP emissions 
that are introduced into the control device, expressed as a percentage.
    Day means a 24-consecutive-hour period.
    Facility means all contiguous or adjoining property that is under 
common ownership or control, including properties that are separated 
only by a road or other public right-of-way.
    Flexographic press means an unwind or feed section, a series of 
individual work stations, one or more of which is a flexographic print 
station, any dryers (including interstage dryers and overhead tunnel 
dryers) associated with the work stations, and a rewind, stack, or 
collection station. The work stations may be oriented vertically, 
horizontally, or around the circumference of a single large impression 
cylinder. Inboard and outboard work stations, including those employing 
any other technology, such as rotogravure, are included if they are 
capable of printing or coating on the same substrate.
    Flexographic print station means a work station on which a 
flexographic printing operation is conducted. A flexographic print 
station includes a flexographic printing plate which is an image carrier 
made of rubber or other elastomeric material. The image (type and art) 
to be printed is raised above the printing plate.
    HAP applied means the organic HAP content of all inks, coatings, 
varnishes, adhesives, primers, solvent, and other materials applied to a 
substrate by a product and packaging rotogravure or wide-web 
flexographic printing affected source.
    HAP used means the organic HAP applied by a publication rotogravure 
printing affected source, including all organic HAP used for cleaning, 
parts washing, proof presses, and all organic HAP emitted during tank 
loading, ink mixing, and storage.
    Intermittently-controllable work station means a work station 
associated with a dryer with provisions for the dryer exhaust to be 
delivered to or diverted from a control device depending on the position 
of a valve or damper. Sampling lines for analyzers and relief valves 
needed for safety purposes are not considered bypass lines.
    Month means a calendar month or a prespecified period of 28 days to 
35 days.

[[Page 1033]]

    Never-controlled work station means a work station which is not 
equipped with provisions by which any emissions, including those in the 
exhaust from any associated dryer, may be delivered to a control device.
    Overall Organic HAP control efficiency means the total efficiency of 
a control system, determined either by:
    (1) The product of the capture efficiency and the control device 
efficiency or
    (2) A liquid-liquid material balance.
    Print station means a work station on which a printing operation is 
conducted.
    Printing operation means the formation of words, designs, and 
pictures on a substrate other than fabric through the application of 
material to that substrate.
    Product and packaging rotogravure printing means the production, on 
a rotogravure press, of any printed substrate not otherwise defined as 
publication rotogravure printing. This includes, but is not limited to, 
folding cartons, flexible packaging, labels and wrappers, gift wraps, 
wall and floor coverings, upholstery, decorative laminates, and tissue 
products.
    Proof press means any device used only to check the quality of the 
image formation of rotogravure cylinders or flexographic plates, which 
prints only non-saleable items.
    Publication rotogravure printing means the production, on a 
rotogravure press, of the following saleable paper products:
    (1) Catalogues, including mail order and premium,
    (2) Direct mail advertisements, including circulars, letters, 
pamphlets, cards, and printed envelopes,
    (3) Display advertisements, including general posters, outdoor 
advertisements, car cards, window posters; counter and floor displays; 
point of purchase and other printed display material,
    (4) Magazines,
    (5) Miscellaneous advertisements, including brochures, pamphlets, 
catalog sheets, circular folders, announcements, package inserts, book 
jackets, market circulars, magazine inserts, and shopping news,
    (6) Newspapers, magazine and comic supplements for newspapers, and 
preprinted newspaper inserts, including hi-fi and spectacolor rolls and 
sections,
    (7) Periodicals, and
    (8) Telephone and other directories, including business reference 
services.
    Research or laboratory equipment means any equipment for which the 
primary purpose is to conduct research and development into new 
processes and products, where such equipment is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Rotogravure press means an unwind or feed section, a series of one 
or more work stations, one or more of which is a rotogravure print 
station, any dryers associated with the work stations, and a rewind, 
stack, or collection section. Inboard and outboard work stations 
including those employing any other technology, such as flexography, are 
included if they are capable of printing or coating on the same 
substrate.
    Rotogravure print station means a work station on which a 
rotogravure printing operation is conducted. A rotogravure print station 
includes a rotogravure cylinder and ink supply. The image (type and art) 
to be printed is etched or engraved below the surface of the rotogravure 
cylinder. On a rotogravure cylinder the printing image consists of 
millions of minute cells.
    Stand-alone coating equipment means an unwind or feed section, a 
series of one or more coating stations and any associated dryers, and a 
rewind, stack or collection section that:
    Is not part of a product and packaging rotogravure or wide-web 
flexographic press, and
    Is used to conduct one or more coating operations on a substrate. 
Stand-alone coating equipment
    May or may not process substrate that is also processed by a product 
and packaging rotogravure or wide-web flexographic press, apply solids-
containing materials that are also applied by a product and packaging 
rotogravure or wide-web flexographic press, and utilize a control device 
that is also utilized by a product and packaging rotogravure or wide-web 
flexographic

[[Page 1034]]

press. Stand-alone coating equipment is sometimes referred to as ``off-
line'' coating equipment.
    Wide-web flexographic press means a flexographic press capable of 
printing substrates greater than 18 inches in width.
    Work station means a unit on a rotogravure or wide-web flexographic 
press where material is deposited onto a substrate.
    (b) The symbols used in equations in this subpart are defined as 
follows:
    (1) Cahi=the monthly average, as-applied, organic HAP content 
of solids-containing material, i, expressed as a weight-fraction, kg/kg.
    (2) Casi=the monthly average, as applied, solids content, of 
solids-containing material, i, expressed as a weight-fraction, kg/kg.
    (3) Chi=the organic HAP content of ink or other solids-
containing material, i, expressed as a weight-fraction, kg/kg.
    (4) Chij=the organic HAP content of solvent j, added to solids-
containing material i, expressed as a weight-fraction, kg/kg.
    (5) Chj=the organic HAP content of solvent j, expressed as a 
weight-fraction, kg/kg.
    (6) Ci=the organic volatile matter concentration in ppm, dry 
basis, of compound i in the vent gas, as determined by Method 25 or 
Method 25A.
    (7) Csi=the solids content of ink or other material, i, 
expressed as a weight-fraction, kg/kg.
    (8) Cvi=the volatile matter content of ink or other material, 
i, expressed as a weight-fraction, kg/kg.
    (9) E=the organic volatile matter control efficiency of the control 
device, percent.
    (10) F=the organic volatile matter capture efficiency of the capture 
system, percent.
    (11) Gi=the mass fraction of each solids containing material, 
i, which was applied at 20 weight-percent or greater solids content, on 
an as-applied basis, kg/kg.
    (12) H=the total monthly organic HAP applied, kg.
    (13) Ha=the monthly allowable organic HAP emissions, kg.
    (14) HL=the monthly average, as-applied, organic HAP content of 
all solids-containing materials applied at less than 0.04 kg organic HAP 
per kg of material applied, kg/kg.
    (15) Hs=the monthly average, as-applied, organic HAP to solids 
ratio, kg organic HAP/kg solids applied.
    (16) Hsi=the as-applied, organic HAP to solids ratio of 
material i.
    (17) L=the mass organic HAP emission rate per mass of solids 
applied, kg/kg.
    (18) MBi=the sum of the mass of solids-containing material, i, 
applied on intermittently-controllable work stations operating in bypass 
mode and the mass of solids-containing material, i, applied on never-
controlled work stations, in a month, kg.
    (19) MBj=the sum of the mass of solvent, thinner, reducer, 
diluent, or other non-solids-containing material, j, applied on 
intermittently-controllable work stations operating in bypass mode and 
the mass of solvent, thinner, reducer, diluent, or other non-solids-
containing material, j, applied on never-controlled work stations, in a 
month, kg.
    (20) Mci=the sum of the mass of solids-containing material, i, 
applied on intermittently-controllable work stations operating in 
controlled mode and the mass of solids-containing material, i, applied 
on always-controlled work stations, in a month, kg.
    (21) Mcj=the sum of the mass of solvent, thinner, reducer, 
diluent, or other non-solids-containing material, j, applied on 
intermittently-controllable work stations operating in controlled mode 
and the mass of solvent, thinner, reducer, diluent, or other non-solids-
containing material, j, applied on always-controlled work stations in a 
month, kg.
    (22) Mf=the total organic volatile matter mass flow rate, kg/h.
    (23) Mfi=the organic volatile matter mass flow rate at the 
inlet to the control device, kg/h.
    (24) Mfo=the organic volatile matter mass flow rate at the 
outlet of the control device, kg/h.
    (25) Mhu=the mass of organic HAP used in a month, kg.
    (26) Mi=the mass of ink or other material, i, applied in a 
month, kg.
    (27) Mij=the mass of solvent, thinner, reducer, diluent, or 
other non-solids-

[[Page 1035]]

containing material, j, added to solids-containing material, i, in a 
month, kg.
    (28) Mj=the mass of solvent, thinner, reducer, diluent, or 
other non-solids-containing material, j, applied in a month, kg.
    (29) MLj=the mass of solvent, thinner, reducer, diluent, or 
other non-solids-containing material, j, added to solids-containing 
materials which were applied at less than 20 weight-percent solids 
content, on an as-applied basis, in a month, kg.
    (30) Mvr=the mass of volatile matter recovered in a month, kg.
    (31) Mvu=the mass of volatile matter, including water, used in 
a month, kg.
    (32) MWi=the molecular weight of compound i in the vent gas, 
kg/kg-mol.
    (33) n=the number of organic compounds in the vent gas.
    (34) p=the number of different inks, coatings, varnishes, adhesives, 
primers, and other materials applied in a month.
    (35) q=the number of different solvents, thinners, reducers, 
diluents, or other non-solids-containing materials applied in a month.
    (36) Qsd=the volumetric flow rate of gases entering or exiting 
the control device, as determined by Method 2, dscm/h.
    (37) R=the overall organic HAP control efficiency, percent.
    (38) Re=the overall effective organic HAP control efficiency 
for publication rotogravure, percent.
    (39) Rv=the organic volatile matter collection and recovery 
efficiency, percent.
    (40) S=the mass organic HAP emission rate per mass of material 
applied, kg/kg.
    (41) 0.0416=conversion factor for molar volume, kg-mol/m3(@ 293 
K and 760 mmHg).



Sec. 63.823  Standards: General.

    Table 1 to this subpart provides cross references to the 40 CFR part 
63, subpart A, general provisions, indicating the applicability of the 
general provisions requirements to this subpart KK.



Sec. 63.824  Standards: Publication rotogravure printing.

    (a) Each owner or operator of any publication rotogravure printing 
affected source that is subject to the requirements of this subpart 
shall comply with these requirements on and after the compliance dates 
as specified in Sec. 63.826 of this subpart.
    (b) Each publication rotogravure affected source shall limit 
emissions of organic HAP to no more than eight percent of the total 
volatile matter used each month. The emission limitation may be achieved 
by overall control of at least 92 percent of organic HAP used, by 
substitution of non-HAP materials for organic HAP, or by a combination 
of capture and control technologies and substitution of materials. To 
demonstrate compliance, each owner or operator shall follow the 
procedure in paragraph (b)(1) of this section when emissions from the 
affected source are controlled by a solvent recovery device, the 
procedure in paragraph (b)(2) of this section when emissions from the 
affected source are controlled by an oxidizer, and the procedure in 
paragraph (b)(3) of this section when no control device is used.
    (1) Each owner or operator using a solvent recovery device to 
control emissions shall demonstrate compliance by showing that the HAP 
emission limitation is achieved by following the procedures in either 
paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) Perform a liquid-liquid material balance for each month as 
follows:
    (A) Measure the mass of each ink, coating, varnish adhesive, primer, 
solvent, and other material used by the affected source during the 
month.
    (B) Determine the organic HAP content of each ink, coating, varnish, 
adhesive, primer, solvent and other material used by the affected source 
during the month following the procedure in Sec. 63.827(b)(1).
    (C) Determine the volatile matter content, including water, of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
used by the affected source during the month following the procedure in 
Sec. 63.827(c)(1).
    (D) Install, calibrate, maintain and operate, according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of volatile matter recovered by the solvent recovery device on a 
monthly basis. The device shall be initially certified by the

[[Page 1036]]

manufacturer to be accurate to within 2.0 percent.
    (E) Measure the amount of volatile matter recovered for the month.
    (F) Calculate the overall effective organic HAP control efficiency 
(Re) for the month using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR30MY96.000

For the purposes of this calculation, the mass fraction of organic HAP 
present in the recovered volatile matter is assumed to be equal to the 
mass fraction of organic HAP present in the volatile matter used.
    (G) The affected source is in compliance for the month, if Re 
is at least 92 percent each month.
    (ii) Use continuous emission monitors, conduct an initial 
performance test of capture efficiency, and continuously monitor a site 
specific operating parameter to assure capture efficiency as specified 
in paragraphs (b)(1)(ii)(A) through (b)(1)(ii)(E) of this section:
    (A) Install continuous emission monitors to determine the total 
organic volatile matter mass flow rate (e.g., by determining the 
concentration of the vent gas in grams per cubic meter, and the 
volumetric flow rate in cubic meters per second, such that the total 
organic volatile matter mass flow rate in grams per second can be 
calculated and summed) at both the inlet to and the outlet from the 
control device, such that the percent control efficiency (E) of the 
control device can be calculated for each month.
    (B) Determine the percent capture efficiency (F) of the capture 
system according to Sec. 63.827(e).
    (C) Calculate the overall effective organic HAP control efficiency 
(Re) achieved for each month using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR30MY96.001

    (D) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameter 
established in accordance with Sec. 63.828(a)(5) whenever a publication 
rotogravure printing press is operated.
    (E) The affected source is in compliance with the requirement for 
the month if Re is at least 92 percent, and the capture device is 
operated at an average value greater than, or less than (as appropriate) 
the operating parameter value established in accordance with 
Sec. 63.828(a)(5) for each three-hour period.
    (2) Each owner or operator using an oxidizer to control emissions 
shall demonstrate compliance by showing that the HAP emission limitation 
is achieved by following the procedure in either paragraph (b)(2)(i) or 
(b)(2)(ii) of this section:
    (i) Demonstrate initial compliance through performance tests and 
continuing compliance through continuous monitoring as follows:
    (A) Determine the oxidizer destruction efficiency (E) using the 
procedure in Sec. 63.827(d).
    (B) Determine the capture efficiency (F) using the procedure in 
Sec. 63.827(e).
    (C) [Reserved]
    (D) Calculate the overall effective organic HAP control efficiency 
(Re) achieved using Equation 2.
    (E) The affected source is in initial compliance if Re is at 
least 92 percent.

[[Page 1037]]

Demonstration of continuing compliance is achieved by continuous 
monitoring of an appropriate oxidizer operating parameter in accordance 
with Sec. 63.828(a)(4), and by continuous monitoring of an appropriate 
capture system monitoring parameter in accordance with 
Sec. 63.828(a)(5). The affected source is in continuing compliance if 
the capture device is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec. 63.828(a)(5), and
    (1) if an oxidizer other than a catalytic oxidizer is used, the 
average combustion temperature for all three-hour periods is greater 
than or equal to the average combustion temperature established under 
Sec. 63.827(d), or
    (2) if a catalytic oxidizer is used, the average catalyst bed inlet 
temperature for all three-hour periods is greater than or equal to the 
average catalyst bed inlet temperature established in accordance with 
Sec. 63.827(d).
    (ii) Use continuous emission monitors, conduct an initial 
performance test of capture efficiency, and continuously monitor a site 
specific operating parameter to assure capture efficiency in accordance 
with the requirements of paragraph (b)(1)(ii) of this section.
    (3) To demonstrate compliance without the use of a control device, 
each owner or operator shall compare the mass of organic HAP used to the 
mass of volatile matter used each month, as specified in paragraphs 
(b)(3)(i) through (b)(3)(iv) of this section:
    (i) Measure the mass of each ink, coating, varnish adhesive, primer, 
solvent, and other material used in the affected source during the 
month,
    (ii) Determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material used during the 
month following the procedure in Sec. 63.827(b)(1), and
    (iii) Determine the volatile matter content, including water, of 
each ink, coating, varnish, adhesive, primer, solvent, and other 
material used during the month following the procedure in 
Sec. 63.827(c)(1).
    (iv) The affected source is in compliance for the month if the mass 
of organic HAP used does not exceed eight percent of the mass of 
volatile matter used.



Sec. 63.825  Standards: Product and packaging rotogravure and wide-web flexographic printing.

    (a) Each owner or operator of any product and packaging rotogravure 
or wide-web flexographic printing affected source that is subject to the 
requirements of this subpart shall comply with these requirements on and 
after the compliance dates as specified in Sec. 63.826 of this subpart.
    (b) Each product and packaging rotogravure or wide-web flexographic 
printing affected source shall limit emissions to no more than five 
percent of the organic HAP applied for the month; or to no more than 
four percent of the mass of inks, coatings, varnishes, adhesives, 
primers, solvents, reducers, thinners, and other materials applied for 
the month; or to no more than 20 percent of the mass of solids applied 
for the month; or to a calculated equivalent allowable mass based on the 
organic HAP and solids contents of the inks, coatings, varnishes, 
adhesives, primers, solvents, reducers, thinners, and other materials 
applied for the month. The owner or operator of each product and 
packaging rotogravure or wide-web flexographic printing affected source 
shall demonstrate compliance with this standard by following one of the 
procedures in paragraphs (b)(1) through (b)(10) of this section:
    (1) Demonstrate that each ink, coating, varnish, adhesive, primer, 
solvent, diluent, reducer, thinner, and other material applied during 
the month contains no more than 0.04 weight-fraction organic HAP, on an 
as-purchased basis, as determined in accordance with Sec. 63.827(b)(2).
    (2) Demonstrate that each ink, coating, varnish, adhesive, primer, 
and other solids-containing material applied during the month contains 
no more than 0.04 weight-fraction organic HAP, on a monthly average as-
applied basis as determined in accordance with paragraphs (b)(2)(i)-(ii) 
of this section. The owner or operator shall calculate the as-applied 
HAP content of materials which are reduced, thinned, or diluted prior to 
application, as follows:

[[Page 1038]]

    (i) Determine the organic HAP content of each ink, coating, varnish, 
adhesive, primer, solvent, diluent, reducer, thinner, and other material 
applied on an as-purchased basis in accordance with Sec. 63.827(b)(2).
    (ii) Calculate the monthly average as-applied organic HAP content, 
Cahi of each ink, coating, varnish, adhesive, primer, and other 
solids-containing material using Equation 3.
[GRAPHIC] [TIFF OMITTED] TR30MY96.002

    (3)(i) Demonstrate that each ink, coating, varnish, adhesive, 
primer, and other solids-containing material applied, either
    (A) Contains no more than 0.04 weight-fraction organic HAP on a 
monthly average as-applied basis, or
    (B) Contains no more than 0.20 kg of organic HAP per kg of solids 
applied, on a monthly average as-applied basis.
    (ii) The owner or operator may demonstrate compliance in accordance 
with paragraphs (b)(3)(ii) (A)-(C) of this section.
    (A) Use the procedures of paragraph (b)(2) of this section to 
determine which materials meet the requirements of paragraph 
(b)(3)(i)(A) of this section,
    (B) Determine the as-applied solids content following the procedure 
in Sec. 63.827(c)(2) of all materials which do not meet the requirements 
of paragraph (b)(3)(i)(A) of this section. The owner or operator may 
calculate the monthly average as-applied solids content of materials 
which are reduced, thinned, or diluted prior to application, using 
Equation 4, and
[GRAPHIC] [TIFF OMITTED] TR30MY96.003

    (C) Calculate the as-applied organic HAP to solids ratio, Hsi, 
for all materials which do not meet the requirements of paragraph 
(b)(3)(i)(A) of this section, using Equation 5.
[GRAPHIC] [TIFF OMITTED] TR30MY96.004

    (4) Demonstrate that the monthly average as-applied organic HAP 
content, HL, of all materials applied is less than 0.04 kg HAP per 
kg of material applied, as determined by Equation 6.
[GRAPHIC] [TIFF OMITTED] TR30MY96.005

    (5) Demonstrate that the monthly average as-applied organic HAP 
content on the basis of solids applied, Hs, is less than 0.20 kg 
HAP per kg solids applied as determined by Equation 7.
[GRAPHIC] [TIFF OMITTED] TR30MY96.006

    (6) Demonstrate that the total monthly organic HAP applied, H, as 
determined by Equation 8, is less than the calculated equivalent 
allowable organic HAP, Ha, as determined by paragraph (e) of this 
section.
[GRAPHIC] [TIFF OMITTED] TR30MY96.007

    (7) Operate a capture system and control device and demonstrate an 
overall organic HAP control efficiency of at least 95 percent for each 
month. If the affected source operates more than one capture system or 
more than one control device, and has only always-controlled work 
stations, then the owner or operator shall demonstrate compliance in 
accordance with the provisions of either paragraph (f) or (h) of this 
section. If the affected source operates one or more never-controlled 
work stations or one or more intermittently-controllable work stations, 
then the owner or operator shall demonstrate compliance in accordance 
with the provisions of paragraph (f) of this section.

[[Page 1039]]

Otherwise, the owner or operator shall demonstrate compliance in 
accordance with the procedure in paragraph (c) of this section when 
emissions from the affected source are controlled by a solvent recovery 
device or the procedure in paragraph (d) of this section when emissions 
are controlled by an oxidizer.
    (8) Operate a capture system and control device and limit the 
organic HAP emission rate to no more than 0.20 kg organic HAP emitted 
per kg solids applied as determined on a monthly average as-applied 
basis. If the affected source operates more than one capture system, 
more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controllable work stations, then 
the owner or operator shall demonstrate compliance in accordance with 
the provisions of paragraph (f) of this section. Otherwise, the owner or 
operator shall demonstrate compliance following the procedure in 
paragraph (c) of this section when emissions from the affected source 
are controlled by a solvent recovery device or the procedure in 
paragraph (d) of this section when emissions are controlled by an 
oxidizer.
    (9) Operate a capture system and control device and limit the 
organic HAP emission rate to no more than 0.04 kg organic HAP emitted 
per kg material applied as determined on a monthly average as-applied 
basis. If the affected source operates more than one capture system, 
more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controllable work stations, then 
the owner or operator shall demonstrate compliance in accordance with 
the provisions of paragraph (f) of this section. Otherwise, the owner or 
operator shall demonstrate compliance following the procedure in 
paragraph (c) of this section when emissions from the affected source 
are controlled by a solvent recovery device or the procedure in 
paragraph (d) of this section when emissions are controlled by an 
oxidizer.
    (10) Operate a capture system and control device and limit the 
monthly organic HAP emissions to less than the allowable emissions as 
calculated in accordance with paragraph (e) of this section. If the 
affected source operates more than one capture system, more than one 
control device, one or more never-controlled work stations, or one or 
more intermittently-controllable work stations, then the owner or 
operator shall demonstrate compliance in accordance with the provisions 
of paragraph (f) of this section. Otherwise, the owner or operator shall 
demonstrate compliance following the procedure in paragraph (c) of this 
section when emissions from the affected source are controlled by a 
solvent recovery device or the procedure in paragraph (d) of this 
section when emissions are controlled by an oxidizer.
    (c) To demonstrate compliance with the overall organic HAP control 
efficiency requirement in Sec. 63.825(b)(7) or the organic HAP emissions 
limitation requirements in Sec. 63.825(b)(8)-(10), each owner or 
operator using a solvent recovery device to control emissions shall show 
compliance by following the procedures in either paragraph (c)(1) or 
(c)(2) of this section:
    (1) Perform a liquid-liquid material balance for each and every 
month as follows:
    (i) Measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent and other material applied on the press or group of 
presses controlled by a common solvent recovery device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec. 63.827(b)(2).
    (iii) Determine the volatile matter content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec. 63.827(c)(2).
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec. 63.827(c)(2).

[[Page 1040]]

    (v) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications, a device that indicates the cumulative 
amount of volatile matter recovered by the solvent recovery device on a 
monthly basis. The device shall be initially certified by the 
manufacturer to be accurate to within 2.0 percent.
    (vi) Measure the amount of volatile matter recovered for the month.
    (vii) Calculate the volatile matter collection and recovery 
efficiency, Rv, using Equation 9.
[GRAPHIC] [TIFF OMITTED] TR30MY96.008

    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, 
using Equation 10.
[GRAPHIC] [TIFF OMITTED] TR30MY96.009

    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, using Equation 11.
[GRAPHIC] [TIFF OMITTED] TR30MY96.010

    (x) If demonstrating compliance on the basis of organic HAP emission 
rate based on materials applied, calculate the organic HAP emission rate 
based on material applied, S, using Equation 12.
[GRAPHIC] [TIFF OMITTED] TR30MY96.011

    (xi) The affected source is in compliance if
    (A) The organic volatile matter collection and recovery efficiency, 
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) the organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) the organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using paragraph 
(e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance 
test of capture efficiency, and continuously monitor a site specific 
operating parameter to assure capture efficiency following the 
procedures in paragraphs (c)(2)(i) through (c)(2)(xi) of this section:
    (i) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied, organic HAP emission rate based on 
materials applied, or emission of less than the calculated allowable 
organic HAP, measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material applied on the press or group of 
presses controlled by a common control device during the month.
    (ii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied

[[Page 1041]]

during the month following the procedure in Sec. 63.827(b)(2).
    (iii) Install continuous emission monitors to determine the total 
organic volatile matter mass flow rate (e.g., by determining the 
concentration of the vent gas in grams per cubic meter, and the 
volumetric flow rate in cubic meters per second, such that the total 
organic volatile matter mass flow rate in grams per second can be 
calculated and summed) at both the inlet to and the outlet from the 
control device, such that the percent control efficiency (E) of the 
control device can be calculated for each month.
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec. 63.827(c)(2).
    (v) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameter 
established in accordance with Sec. 63.828(a)(5) whenever a product and 
packaging rotogravure or wide-web flexographic printing press is 
operated.
    (vi) Determine the capture efficiency (F) in accordance with 
Sec. 63.827(e)-(f).
    (vii) Calculate the overall organic HAP control efficiency, (R), 
achieved for each month using Equation 13.
[GRAPHIC] [TIFF OMITTED] TR30MY96.012

    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, for 
each month using Equation 14.
[GRAPHIC] [TIFF OMITTED] TR30MY96.013

    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, using Equation 15.
[GRAPHIC] [TIFF OMITTED] TR30MY96.014

    (x) If demonstrating compliance on the basis of organic HAP emission 
rate based on materials applied, calculate the organic HAP emission rate 
based on material applied, S, using Equation 16.
[GRAPHIC] [TIFF OMITTED] TR30MY96.015

    (xi) The affected source is in compliance if the capture system 
operating parameter is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec. 63.828(a)(5) for each three hour period, and
    (A) The organic volatile matter collection and recovery efficiency, 
Rv, is 95 percent or greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as determined using paragraph 
(e) of this section.

[[Page 1042]]

    (d) To demonstrate compliance with the overall organic HAP control 
efficiency requirement in Sec. 63.825(b)(7) or the overall organic HAP 
emission rate limitation requirements in Sec. 63.825(b)(8)-(10), each 
owner or operator using an oxidizer to control emissions shall show 
compliance by following the procedures in either paragraph (d)(1) or 
(d)(2) of this section:
    (1) demonstrate initial compliance through performance tests of 
capture efficiency and control device efficiency and continuing 
compliance through continuous monitoring of capture system and control 
device operating parameters following the procedures in paragraph 
(d)(1)(i) through (d)(1)(xi) of this section:
    (i) Determine the oxidizer destruction efficiency (E) using the 
procedure in Sec. 63.827(d).
    (ii) Determine the capture system capture efficiency (F) in 
accordance with Sec. 63.827(e)-(f).
    (iii) Calculate the overall organic HAP control efficiency, (R), 
achieved using Equation 13.
    (iv) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on materials applied or emission of less than the calculated allowable 
organic HAP, measure the mass of each ink, coating, varnish, adhesive, 
primer, solvent, and other material applied on the press or group of 
presses controlled by a common solvent recovery device during the month.
    (v) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied, organic HAP emission rate based on 
material applied or emission of less than the calculated allowable 
organic HAP, determine the organic HAP content of each ink, coating, 
varnish, adhesive, primer, solvent, and other material applied during 
the month following the procedure in Sec. 63.827(b)(2).
    (vi) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied or emission of less than the 
calculated allowable organic HAP, determine the solids content of each 
ink, coating, varnish, adhesive, primer, solvent, and other material 
applied during the month following the procedure in Sec. 63.827(c)(2).
    (vii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, organic HAP emission rate based 
on material applied or emission of less than the calculated allowable 
organic HAP, calculate the organic HAP emitted during the month, H, for 
each month using Equation 14.
    (viii) If demonstrating compliance on the basis of organic HAP 
emission rate based on solids applied, calculate the organic HAP 
emission rate based on solids applied, L, for each month using Equation 
15.
    (ix) If demonstrating compliance on the basis of organic HAP 
emission rate based on materials applied, calculate the organic HAP 
emission rate based on material applied, S, using Equation 16.
    (x) Install, calibrate, operate and maintain the instrumentation 
necessary to measure continuously the site-specific operating parameters 
established in accordance with Sec. 63.828(a)(4)-(5) whenever a product 
and packaging rotogravure or wide-web flexographic press is operating.
    (xi) The affected source is in compliance, if the oxidizer is 
operated such that the average operating parameter value is greater than 
the operating parameter value established in accordance with 
Sec. 63.828(a)(4) for each three-hour period, and the capture system 
operating parameter is operated at an average value greater than or less 
than (as appropriate) the operating parameter value established in 
accordance with Sec. 63.828(a)(5) for each three hour period, and
    (A) The overall organic HAP control efficiency, R, is 95 percent or 
greater, or
    (B) The organic HAP emission rate based on solids applied, L, is 
0.20 kg organic HAP per kg solids applied or less, or
    (C) The organic HAP emission rate based on material applied, S, is 
0.04 kg organic HAP per kg material applied or less, or
    (D) The organic HAP emitted during the month, H, is less than the 
calculated allowable organic HAP, Ha, as

[[Page 1043]]

determined using paragraph (e) of this section.
    (2) Use continuous emission monitors, conduct an initial performance 
test of capture efficiency, and continuously monitor a site specific 
operating parameter to assure capture efficiency. Compliance shall be 
demonstrated in accordance with the requirements of paragraph (c)(2) of 
this section.
    (e) Owners or operators may calculate the monthly allowable HAP 
emissions, Ha, for demonstrating compliance in accordance with 
paragraph (b)(6), (c)(1)(xi)(D), (c)(2)(xi)(D), or (d)(1)(xi)(D) of this 
section as follows:
    (1) Determine the as-purchased mass of each ink, coating, varnish, 
adhesive, primer, and other solids-containing material applied each 
month, Mi.
    (2) Determine the as-purchased solids content of each ink, coating, 
varnish, adhesive, primer, and other solids-containing material applied 
each month, in accordance with Sec. 63.827(c)(2), Csi.
    (3) Determine the as-purchased mass fraction of each ink, coating, 
varnish, adhesive, primer, and other solids-containing material which 
was applied at 20 weight-percent or greater solids content, on an as-
applied basis, Gi.
    (4) Determine the total mass of each solvent, diluent, thinner, or 
reducer added to materials which were applied at less than 20 weight-
percent solids content, on an as-applied basis, each month, MLj.
    (5) Calculate the monthly allowable HAP emissions, Ha, using 
Equation 17.
[GRAPHIC] [TIFF OMITTED] TR30MY96.016

    (f) Owners or operators of product and packaging rotogravure or 
wide-web flexographic printing presses shall demonstrate compliance 
according to the procedures in paragraphs (f)(1) through (f)(7) of this 
section if the affected source operates more than one capture system, 
more than one control device, one or more never-controlled work 
stations, or one or more intermittently-controllable work stations.
    (1) The owner or operator of each solvent recovery system used to 
control one or more product and packaging rotogravure or wide-web 
flexographic presses for which the owner or operator chooses to comply 
by means of a liquid-liquid mass balance shall determine the organic HAP 
emissions for those presses controlled by that solvent recovery system 
either
    (i) in accordance with paragraphs (c)(1)(i)-(iii) and (c)(1)(v)-
(viii) of this section if the presses controlled by that solvent 
recovery system have only always-controlled work stations, or
    (ii) in accordance with paragraphs (c)(1)(ii)-(iii), (c)(1)(v)-(vi), 
and (g) of this section if the presses controlled by that solvent 
recovery system have one or more never-controlled or intermittently-
controllable work stations.
    (2) The owner or operator of each solvent recovery system used to 
control one or more product and packaging rotogravure or wide-web 
flexographic presses, for which the owner or operator chooses to comply 
by means of an initial test of capture efficiency, continuous emission 
monitoring of the control device, and continuous monitoring of a capture 
system operating parameter, shall
    (i) For each capture system delivering emissions to that solvent 
recovery system, monitor an operating parameter established in 
accordance with Sec. 63.828(a)(5) to assure capture system efficiency, 
and
    (ii) Determine the organic HAP emissions for those presses served by 
each capture system delivering emissions to that solvent recovery system 
either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have 
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), 
and (g) of

[[Page 1044]]

this section if the presses served by that capture system have one or 
more never-controlled or intermittently-controllable work stations.
    (3) The owner or operator of each oxidizer used to control emissions 
from one or more product and packaging rotogravure or wide-web 
flexographic presses choosing to demonstrate compliance through 
performance tests of capture efficiency and control device efficiency 
and continuing compliance through continuous monitoring of capture 
system and control device operating parameters, shall
    (i) Monitor an operating parameter established in accordance with 
Sec. 63.828(a)(4) to assure control device efficiency, and
    (ii) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in accordance with 
Sec. 63.828(a)(5) to assure capture efficiency, and
    (iii) Determine the organic HAP emissions for those presses served 
by each capture system delivering emissions to that oxidizer either
    (A) In accordance with paragraphs (d)(1)(i)-(v) and (d)(1)(vii) of 
this section if the presses served by that capture system have only 
always-controlled work stations, or
    (B) In accordance with paragraphs (d)(1)(i)-(iii), (d)(1)(v), and 
(g) of this section if the presses served by that capture system have 
one or more never-controlled or intermittently-controllable work 
stations.
    (4) The owner or operator of each oxidizer used to control emissions 
from one or more product and packaging rotogravure or wide-web 
flexographic presses choosing to demonstrate compliance through an 
initial capture efficiency test, continuous emission monitoring of the 
control device and continuous monitoring of a capture system operating 
parameter, shall
    (i) For each capture system delivering emissions to that oxidizer, 
monitor an operating parameter established in accordance with 
Sec. 63.828(a)(5) to assure capture efficiency, and
    (ii) Determine the organic HAP emissions for those presses served by 
each capture system delivering emissions to that oxidizer either
    (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-
(viii) of this section if the presses served by that capture system have 
only always-controlled work stations, or
    (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), 
and (g) of this section if the presses served by that capture system 
have one or more never-controlled or intermittently-controllable work 
stations.
    (5) The owner or operator of one or more uncontrolled product and 
packaging rotogravure or wide-web flexographic printing presses shall 
determine the organic HAP applied on those presses using Equation 8. The 
organic HAP emitted from an uncontrolled press is equal to the organic 
HAP applied on that press.
    (6) If demonstrating compliance on the basis of organic HAP emission 
rate based on solids applied or emission of less than the calculated 
allowable organic HAP, the owner or operator shall determine the solids 
content of each ink, coating, varnish, adhesive, primer, solvent and 
other material applied during the month following the procedure in 
Sec. 63.827(c)(2).
    (7) The owner or operator shall determine the organic HAP emissions 
for the affected source for the month by summing all organic HAP 
emissions calculated according to paragraphs (f)(1), (f)(2)(ii), 
(f)(3)(iii), (f)(4)(ii), and (f)(5) of this section. The affected source 
is in compliance for the month, if all operating parameters required to 
be monitored under paragraphs (f)(2)-(4) of this section were maintained 
at the appropriate values, and
    (i) The total mass of organic HAP emitted by the affected source was 
not more than four percent of the total mass of inks, coatings, 
varnishes, adhesives, primers, solvents, diluents, reducers, thinners 
and other materials applied by the affected source, or
    (ii) The total mass of organic HAP emitted by the affected source 
was not more than 20 percent of the total mass of solids applied by the 
affected source, or
    (iii) The total mass of organic HAP emitted by the affected source 
was not more than the equivalent allowable organic HAP emissions for the 
affected

[[Page 1045]]

source, Ha, calculated in accordance with paragraph (e) of this 
section, or
    (iv) The total mass of organic HAP emitted by the affected source 
was not more than five percent of the total mass of organic HAP applied 
by the affected source. The total mass of organic HAP applied by the 
affected source in the month shall be determined by the owner or 
operator using Equation 8.
    (g) Owners or operators determining organic HAP emissions from a 
press or group of presses having one or more never-controlled or 
intermittently-controllable work stations and using the procedures 
specified in paragraphs (f)(1)(ii), (f)(2)(ii)(B), (f)(3)(iii)(B), or 
(f)(4)(ii)(B) of this section shall for that press or group of presses:
    (1) Determine the sum of the mass of all inks, coatings, varnishes, 
adhesives, primers, and other solids-containing materials which are 
applied on intermittently-controllable work stations in bypass mode and 
the mass of all inks, coatings, varnishes, adhesives, primers, and other 
solids-containing materials which are applied on never-controlled work 
stations during the month, MBi.
    (2) Determine the sum of the mass of all solvents, reducers, 
thinners, and other diluents which are applied on intermittently-
controllable work stations in bypass mode and the mass of all solvents, 
reducers, thinners, and other diluents which are applied on never-
controlled work stations during the month, MBj.
    (3) Determine the sum of the mass of all inks, coatings, varnishes, 
adhesives, primers, and other solids-containing materials which are 
applied on intermittently-controllable work stations in controlled mode 
and the mass of all inks, coatings, varnishes, adhesives, primers, and 
other solids-containing materials which are applied on always-controlled 
work stations during the month, MBj.
    (4) Determine the sum of the mass of all solvents, reducers, 
thinners, and other diluents which are applied on intermittently-
controllable work stations in controlled mode and the mass of all 
solvents, reducers, thinners, and other diluents which are applied on 
always-controlled work stations during the month, MCj.
    (5) For each press or group of presses for which the owner or 
operator uses the provisions of paragraph (f)(1)(ii) of this section, 
the owner or operator shall calculate the organic HAP emitted during the 
month using Equation 18.
[GRAPHIC] [TIFF OMITTED] TR30MY96.017

    (6) For each press or group of presses for which the owner or 
operator uses the provisions of paragraphs (f)(2)(ii)(B), 
(f)(3)(iii)(B), or (f)(4)(ii)(B) of this section, the owner or operator 
shall calculate the organic HAP emitted during the month using Equation 
(19).
[GRAPHIC] [TIFF OMITTED] TR30MY96.018


[[Page 1046]]


    (h) If the affected source operates more than one capture system or 
more than one control device, and has no never-controlled work stations 
and no intermittently-controllable work stations, then the affected 
source is in compliance with the 95 percent overall organic HAP control 
efficiency requirement for the month if for each press or group of 
presses controlled by a common control device:
    (1) The volatile matter collection and recovery efficiency, Rv, 
as determined by paragraphs (c)(1)(i), (c)(1)(iii), and (c)(1)(v)-(vii) 
of this section is equal to or greater than 95 percent, or
    (2) The overall organic HAP control efficiency as determined by 
paragraphs (c)(2)(iii) and (c)(2)(v)-(vii) of this section for each 
press or group of presses served by that control device and a common 
capture system is equal to or greater than 95 percent and the average 
capture system operating parameter value for each capture system serving 
that control device is greater than or less than (as appropriate) the 
operating parameter value established for that capture system in 
accordance with Sec. 63.828(a)(5) for each three hour period, or
    (3) The overall organic HAP control efficiency as determined by 
paragraphs (d)(1)(i)-(iii) and (d)(1)(x) of this section for each press 
or group of presses served by that control device and a common capture 
system is equal to or greater than 95 percent, the oxidizer is operated 
such that the average operating parameter value is greater than the 
operating parameter value established in accordance with 
Sec. 63.828(a)(4) for each three hour period, and the average capture 
system operating parameter value for each capture system serving that 
control device is greater than or less than (as appropriate) the 
operating parameter value established for that capture system in 
accordance with Sec. 63.828(a)(5) for each three hour period.



Sec. 63.826  Compliance dates.

    (a) The compliance date for an owner or operator of an existing 
affected source subject to the provisions of this subpart is May 30, 
1999.
    (b) The compliance date for an owner or operator of a new affected 
source subject to the provisions of this subpart is immediately upon 
start-up of the affected source, or May 30, 1996, whichever is later.
    (c) Affected sources which have undergone reconstruction are subject 
to the requirements for new affected sources. The costs associated with 
the purchase and installation of air pollution control equipment are not 
considered in determining whether the affected source has been 
reconstructed. Additionally, the costs of retrofitting and replacement 
of equipment that is installed specifically to comply with this subpart 
are not considered reconstruction costs.



Sec. 63.827  Performance test methods.

    (a) An owner or operator using a control device to comply with the 
requirements of Secs. 63.824-63.825 is not required to conduct an 
initial performance test to demonstrate compliance if one or more of the 
criteria in paragraphs (a)(1) through (a)(3) of this section are met:
    (1) A control device that is in operation prior to May 30, 1996, 
does not need to be tested if
    (i) It is equipped with continuous emission monitors for determining 
inlet and outlet total organic volatile matter concentration, and 
capture efficiency has been determined in accordance with the 
requirements of this subpart, such that an overall HAP control 
efficiency can be calculated, and
    (ii) The continuous emission monitors are used to demonstrate 
continuous compliance in accordance with Sec. 63.828, or
    (2) The owner or operator has met the requirements of either 
Sec. 63.7(e)(2)(iv) or Sec. 63.7(h), or
    (3) The control device is a solvent recovery system and the owner or 
operator chooses to comply by means of a monthly liquid-liquid material 
balance.
    (b) Determination of the organic HAP content of inks, coatings, 
varnishes, adhesives, primers, solvents, thinners, reducers, diluents, 
and other materials for the purpose of meeting the requirements of 
Sec. 63.824 shall be conducted according to paragraph (b)(1) of this 
section. Determination of

[[Page 1047]]

the organic HAP content of inks, coatings, varnishes, adhesives, 
primers, solvents, thinners, reducers, diluents, and other materials for 
the purpose of meeting the requirements of Sec. 63.825 shall be 
conducted according to paragraph (b)(2) of this section.
    (1) Each owner or operator of a publication rotogravure facility 
shall determine the organic HAP weight-fraction of each ink, coating, 
varnish, adhesive, primer, solvent, and other material used in a 
publication rotogravure affected source by following one of the 
procedures in paragraphs (b)(1)(i) through (b)(1)(iii) of this section:
    (i) The owner or operator may test the material in accordance with 
Method 311 of appendix A of this part 63. The Method 311 determination 
may be performed by the manufacturer of the material and the results 
provided to the owner or operator. If these values cannot be determined 
using Method 311, the owner or operator shall submit an alternative 
technique for determining their values for approval by the 
Administrator. The recovery efficiency of the technique must be 
determined for all of the target organic HAP and a correction factor, if 
necessary, must be determined and applied.
    (ii) The owner or operator may determine the volatile matter content 
of the material in accordance with Sec. 63.827(c)(1) and use this value 
for the organic HAP content for all compliance purposes.
    (iii) The owner or operator may, except as noted in paragraph 
(b)(1)(iv) of this section, rely on formulation data provided by the 
manufacturer of the material on a CPDS if
    (A) The manufacturer has included in the organic HAP content 
determination all HAP present at a level greater than 0.1 percent in any 
raw material used, weighted by the mass fraction of each raw material 
used in the material, and
    (B) The manufacturer has determined the HAP content of each raw 
material present in the formulation by Method 311 of appendix A of this 
part 63, or by an alternate method approved by the Administrator, or by 
reliance on a CPDS from a raw material supplier prepared in accordance 
with Sec. 63.827(b)(1)(iii)(A).
    (iv) In the event of any inconsistency between the Method 311 of 
appendix A of this part 63 test data and formulation data, that is, if 
the Method 311 test value is higher, the Method 311 test data shall 
govern, unless after consultation, an owner or operator demonstrates to 
the satisfaction of the enforcement authority that the formulation data 
are correct.
    (2) Each owner or operator of a product and packaging rotogravure or 
wide-web flexographic printing facility shall determine the organic HAP 
weight fraction of each ink, coating, varnish, adhesive, primer, 
solvent, thinner, reducer, diluent, and other material applied by 
following one of the procedures in paragraphs (b)(2)(i) through 
(b)(2)(iii) of this section:
    (i) The owner or operator may test the material in accordance with 
Method 311 of appendix A of this part 63. The Method 311 determination 
may be performed by the manufacturer of the material and the results 
provided to the owner or operator. If these values cannot be determined 
using Method 311, the owner or operator shall submit an alternative 
technique for determining their values for approval by the 
Administrator. The recovery efficiency of the technique must be 
determined for all of the target organic HAP and a correction factor, if 
necessary, must be determined and applied.
    (ii) The owner or operator may determine the volatile matter content 
of the material in accordance with Sec. 63.827(c)(2) and use this value 
for the organic HAP content for all compliance purposes.
    (iii) The owner or operator may, except as noted in paragraph 
(b)(2)(iv) of this section, rely on formulation data provided by the 
manufacturer of the material on a CPDS if
    (A) The manufacturer has included in the organic HAP content 
determination, all organic HAP present at a level greater than 0.1 
percent in any raw material used, weighted by the mass fraction of each 
raw material used in the material, and
    (B) The manufacturer has determined the organic HAP content of each 
raw material present in the formulation by Method 311 of appendix A of 
this part 63, or, by an alternate method approved

[[Page 1048]]

by the Administrator, or, by reliance on a CPDS from a raw material 
supplier prepared in accordance with Sec. 63.827(b)(2)(iii)(A).
    (iv) In the event of any inconsistency between the Method 311 of 
appendix A of this part 63 test data and a facility's formulation data, 
that is, if the Method 311 test value is higher, the Method 311 test 
data shall govern, unless after consultation, an owner or operator 
demonstrates to the satisfaction of the enforcement authority that the 
formulation data are correct.
    (c) Determination by the owner or operator of the volatile matter 
content of inks, coatings, varnishes, adhesives, primers, solvents, 
reducers, thinners, diluents, and other materials used for the purpose 
of meeting the requirements of Sec. 63.824 shall be conducted according 
to paragraph (c)(1) of this section. Determination by the owner or 
operator of the volatile matter and solids content of inks, coatings, 
varnishes, adhesives, primers, solvents, reducers, thinners, diluents, 
and other materials applied for the purpose of meeting the requirements 
of Sec. 63.825 shall be conducted according to paragraph (c)(2) of this 
section.
    (1) Each owner or operator of a publication rotogravure facility 
shall determine the volatile matter weight-fraction of each ink, 
coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, 
and other material used using Method 24A of 40 CFR part 60, appendix A. 
The Method 24A determination may be performed by the manufacturer of the 
material and the results provided to the owner or operator. If these 
values cannot be determined using Method 24A, the owner or operator 
shall submit an alternative technique for determining their values for 
approval by the Administrator. The owner or operator may rely on 
formulation data, subject to the provisions of paragraph (c)(3) of this 
section.
    (2) Each owner or operator of a product and packaging rotogravure or 
wide-web flexographic printing facility shall determine the volatile 
matter and solids weight-fraction of each ink, coating, varnish, 
adhesive, primer, solvent, reducer, thinner, diluent, and other material 
applied using Method 24 of 40 CFR part 60, appendix A. The Method 24 
determination may be performed by the manufacturer of the material and 
the results provided to the owner or operator. If these values cannot be 
determined using Method 24, the owner or operator shall submit an 
alternative technique for determining their values for approval by the 
Administrator. The owner or operator may rely on formulation data, 
subject to the provisions of paragraph (c)(3) of this section.
    (3) Owners or operators may determine the volatile matter content of 
materials based on formulation data, and may rely on volatile matter 
content data provided by material suppliers. In the event of any 
inconsistency between the formulation data and the results of Test 
Methods 24 or 24A of 40 CFR part 60, appendix A, the applicable test 
method shall govern, unless after consultation, the owner or operator 
can demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct.
    (d) A performance test of a control device to determine destruction 
efficiency for the purpose of meeting the requirements of Secs. 63.824-
63.825 shall be conducted by the owner or operator in accordance with 
the following:
    (1) An initial performance test to establish the destruction 
efficiency of an oxidizer and the associated combustion zone temperature 
for a thermal oxidizer and the associated catalyst bed inlet temperature 
for a catalytic oxidizer shall be conducted and the data reduced in 
accordance with the following reference methods and procedures:
    (i) Method 1 or 1A of 40 CFR part 60, appendix A is used for sample 
and velocity traverses to determine sampling locations.
    (ii) Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A is used 
to determine gas volumetric flow rate.
    (iii) Method 3 of 40 CFR part 60, appendix A is used for gas 
analysis to determine dry molecular weight.
    (iv) Method 4 of 40 CFR part 60, appendix A is used to determine 
stack gas moisture.
    (v) Methods 2, 2A, 3, and 4 of 40 CFR part 60, appendix A shall be 
performed, as applicable, at least twice during each test period.
    (vi) Method 25 of 40 CFR part 60, Appendix A, shall be used to 
determine

[[Page 1049]]

organic volatile matter concentration, except as provided in paragraphs 
(d)(1)(vi)(A)-(C) of this section. The owner or operator shall submit 
notice of the intended test method to the Administrator for approval 
along with notice of the performance test required under Sec. 63.7(c). 
The owner or operator may use Method 25A of 40 CFR part 60, appendix A, 
if
    (A) An exhaust gas organic volatile matter concentration of 50 parts 
per million by volume (ppmv) or less is required to comply with the 
standards of Secs. 63.824-63.825, or
    (B) The organic volatile matter concentration at the inlet to the 
control system and the required level of control are such to result in 
exhaust gas organic volatile matter concentrations of 50 ppmv or less, 
or
    (C) Because of the high efficiency of the control device, the 
anticipated organic volatile matter concentration at the control device 
exhaust is 50 ppmv or less, regardless of inlet concentration.
    (vii) Each performance test shall consist of three separate runs; 
each run conducted for at least one hour under the conditions that exist 
when the affected source is operating under normal operating conditions. 
For the purpose of determining organic volatile matter concentrations 
and mass flow rates, the average of results of all runs shall apply.
    (viii) Organic volatile matter mass flow rates shall be determined 
using Equation 20:
[GRAPHIC] [TIFF OMITTED] TR30MY96.019

    (ix) Emission control device efficiency shall be determined using 
Equation 21:
[GRAPHIC] [TIFF OMITTED] TR30MY96.020

    (2) The owner or operator shall record such process information as 
may be necessary to determine the conditions of the performance test. 
Operations during periods of start-up, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a 
performance test.
    (3) For the purpose of determining the value of the oxidizer 
operating parameter that will demonstrate continuing compliance, the 
time-weighted average of the values recorded during the performance test 
shall be computed. For an oxidizer other than catalytic oxidizer, the 
owner or operator shall establish as the operating parameter the minimum 
combustion temperature. For a catalytic oxidizer, the owner or operator 
shall establish as the operating parameter the minimum gas temperature 
upstream of the catalyst bed. These minimum temperatures are the 
operating parameter values that demonstrate continuing compliance with 
the requirements of Secs. 63.824-63.825.
    (e) A performance test to determine the capture efficiency of each 
capture system venting organic emissions to a control device for the 
purpose of meeting the requirements of Secs. 63.824(b)(1)(ii), 
63.824(b)(2), 63.825(c)(2), 63.825(d)(1)-(2), 63.825(f)(2)-(4), or 
63.825(h)(2)-(3) shall be conducted by the owner or operator in 
accordance with the following:
    (1) For permanent total enclosures, capture efficiency shall be 
assumed as 100 percent. Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure as found in appendix B to 
Sec. 52.741 of part 52 of this chapter shall be used to confirm that an 
enclosure meets the requirements for permanent total enclosure.
    (2) For temporary total enclosures, the capture efficiency shall be 
determined according to the protocol specified in 
Sec. 52.741(a)(4)(iii)(B) of part 52 of this chapter. The owner or 
operator may exclude never-controlled work

[[Page 1050]]

stations from such capture efficiency determinations.
    (f) As an alternative to the procedures specified in Sec. 63.827(e) 
an owner or operator required to conduct a capture efficiency test may 
use any capture efficiency protocol and test methods that satisfy the 
criteria of either the Data Quality Objective (DQO) or the Lower 
Confidence Limit (LCL) approach as described in Appendix A of this 
subpart. The owner or operator may exclude never-controlled work 
stations from such capture efficiency determinations.



Sec. 63.828  Monitoring requirements.

    (a) Following the date on which the initial performance test of a 
control device is completed, to demonstrate continuing compliance with 
the standard, the owner or operator shall monitor and inspect each 
control device required to comply with Secs. 63.824-63.825 to ensure 
proper operation and maintenance by implementing the applicable 
requirements in paragraph (a)(1) through (a)(5) of this section.
    (1) Owners or operators of product and packaging rotogravure or 
wide-web flexographic presses with intermittently-controllable work 
stations shall follow one of the procedures in paragraphs (a)(1)(i) 
through (a)(1)(iv) of this section for each dryer associated with such a 
work station:
    (i) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a flow control position indicator that 
provides a record indicating whether the exhaust stream from the dryer 
was directed to the control device or was diverted from the control 
device. The time and flow control position must be recorded at least 
once per hour, as well as every time the flow direction is changed. The 
flow control position indicator shall be installed at the entrance to 
any bypass line that could divert the exhaust stream away from the 
control device to the atmosphere.
    (ii) Secure any bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration; a visual inspection of the 
seal or closure mechanism shall be performed at least once every month 
to ensure that the valve or damper is maintained in the closed position 
and the exhaust stream is not diverted through the bypass line.
    (iii) Ensure that any bypass line valve or damper is in the closed 
position through continuous monitoring of valve position. The monitoring 
system shall be inspected at least once every month to ensure that it is 
functioning properly.
    (iv) Use an automatic shutdown system in which the press is stopped 
when flow is diverted away from the control device to any bypass line. 
The automatic system shall be inspected at least once every month to 
ensure that it is functioning properly.
    (2) Compliance monitoring shall be subject to the provisions of 
paragraphs (a)(2)(i) and (a)(2)(ii) of this section, as applicable.
    (i) All continuous emission monitors shall comply with performance 
specifications (PS) 8 or 9 of 40 CFR part 60, appendix B, as 
appropriate. The requirements of appendix F of 40 CFR part 60 shall also 
be followed. In conducting the quarterly audits required by appendix F, 
owners or operators must challenge the monitors with compounds 
representative of the gaseous emission stream being controlled.
    (ii) All temperature monitoring equipment shall be installed, 
calibrated, maintained, and operated according to manufacturers 
specifications. The calibration of the chart recorder, data logger, or 
temperature indicator shall be verified every three months; or the chart 
recorder, data logger, or temperature indicator shall be replaced. The 
replacement shall be done either if the owner or operator chooses not to 
perform the calibration, or if the equipment cannot be calibrated 
properly.
    (3) An owner or operator complying with Secs. 63.824-63.825 through 
continuous emission monitoring of a control device shall install, 
calibrate, operate, and maintain continuous emission monitors to measure 
the total organic volatile matter concentration at both the control 
device inlet and the outlet.
    (4) An owner or operator complying with the requirements of 
Secs. 63.824-63.825 through the use of an oxidizer and demonstrating 
continuous compliance through monitoring of an oxidizer operating 
parameter shall:

[[Page 1051]]

    (i) For an oxidizer other than a catalytic oxidizer, install, 
calibrate, operate, and maintain a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of 1 percent of the temperature being monitored in  deg.C or 
1  deg.C, whichever is greater. The thermocouple or 
temperature sensor shall be installed in the combustion chamber at a 
location in the combustion zone.
    (ii) For a catalytic oxidizer, install, calibrate, operate, and 
maintain a temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature with an 
accuracy of 1 percent of the temperature being monitored in 
deg.C or 1  deg.C, whichever is greater. The thermocouple or 
temperature sensor shall be installed in the vent stream at the nearest 
feasible point to the catalyst bed inlet.
    (5) An owner or operator complying with the requirements of 
Secs. 63.824-63.825 through the use of a control device and 
demonstrating continuous compliance by monitoring an operating parameter 
to ensure that the capture efficiency measured during the initial 
compliance test is maintained, shall:
    (i) Submit to the Administrator with the compliance status report 
required by Sec. 63.9(h) of the General Provisions, a plan that
    (A) Identifies the operating parameter to be monitored to ensure 
that the capture efficiency measured during the initial compliance test 
is maintained,
    (B) Discusses why this parameter is appropriate for demonstrating 
ongoing compliance, and
    (C) Identifies the specific monitoring procedures;
    (ii) Set the operating parameter value, or range of values, that 
demonstrate compliance with Secs. 63.824-63.825, and
    (iii) Conduct monitoring in accordance with the plan submitted to 
the Administrator unless comments received from the Administrator 
require an alternate monitoring scheme.
    (b) Any excursion from the required operating parameters which are 
monitored in accordance with paragraphs (a)(4) and (a)(5) of this 
section, unless otherwise excused, shall be considered a violation of 
the emission standard.



Sec. 63.829  Recordkeeping requirements.

    (a) The recordkeeping provisions of 40 CFR part 63 subpart A of this 
part that apply and those that do not apply to owners and operators of 
affected sources subject to this subpart are listed in Table 1 of this 
subpart.
    (b) Each owner or operator of an affected source subject to this 
subpart shall maintain the records specified in paragraphs (b)(1) 
through (b)(3) of this section on a monthly basis in accordance with the 
requirements of Sec. 63.10(b)(1) of this part:
    (1) Records specified in Sec. 63.10(b)(2) of this part, of all 
measurements needed to demonstrate compliance with this standard, such 
as continuous emission monitor data, control device and capture system 
operating parameter data, material usage, HAP usage, volatile matter 
usage, and solids usage that support data that the source is required to 
report.
    (2) Records specified in Sec. 63.10(b)(3) of this part for each 
applicability determination performed by the owner or operator in 
accordance with the requirements of Sec. 63.820(a) of this subpart, and
    (3) Records specified in Sec. 63.10(c) of this part for each 
continuous monitoring system operated by the owner or operator in 
accordance with the requirements of Sec. 63.828(a) of this subpart.
    (c) Each owner or operator of an affected source subject to this 
subpart shall maintain records of all liquid-liquid material balances 
performed in accordance with the requirements of Secs. 63.824-63.825 of 
this subpart. The records shall be maintained in accordance with the 
requirements of Sec. 63.10(b) of this part.
    (d) The owner or operator of each facility which commits to the 
criteria of Sec. 63.820(a)(2) shall maintain records of all required 
measurements and calculations needed to demonstrate compliance with 
these criteria, including the mass of all HAP containing materials used 
and the mass fraction of HAP present in each HAP containing material 
used, on a monthly basis.
    (e) The owner or operator of each facility which meets the limits 
and criteria of Sec. 63.821(b)(1) shall maintain records as required in 
paragraph (e)(1) of this section. The owner or operator

[[Page 1052]]

of each facility which meets the limits and criteria of 
Sec. 63.821(b)(2) shall maintain records as required in paragraph (e)(2) 
of this section. Owners or operators shall maintain these records for 
five years, and upon request, submit them to the Administrator.
    (1) For each facility which meets the criteria of Sec. 63.821(b)(1), 
the owner or operator shall maintain records of the total volume of each 
material applied on product and packaging rotogravure or wide-web 
flexographic printing presses during each month.
    (2) For each facility which meets the criteria of Sec. 63.821(b)(2), 
the owner or operator shall maintain records of the total volume and 
organic HAP content of each material applied on product and packaging 
rotogravure or wide-web flexographic printing presses during each month.
    (f) The owner or operator choosing to exclude from an affected 
source, a product and packaging rotogravure or wide-web flexographic 
press which meets the limits and criteria of Sec. 63.821(a)(2)(ii)(A) 
shall maintain the records specified in paragraphs (f)(1) and (f)(2) of 
this section for five years and submit them to the Administrator upon 
request:
    (1) The total mass of each material applied each month on the press, 
including all inboard and outboard stations, and
    (2) The total mass of each material applied each month on the press 
by product and packaging rotogravure or wide-web flexographic printing 
operations.



Sec. 63.830  Reporting requirements.

    (a) The reporting provisions of 40 CFR part 63 subpart A of this 
part that apply and those that do not apply to owners and operators of 
affected sources subject to this subpart are listed in Table 1 of this 
subpart.
    (b) Each owner or operator of an affected source subject to this 
subpart shall submit the reports specified in paragraphs (b)(1) through 
(b)(6) of this section to the Administrator:
    (1) An initial notification required in Sec. 63.9(b).
    (i) Initial notifications for existing sources shall be submitted no 
later than one year before the compliance date specified in 
Sec. 63.826(a).
    (ii) Initial notifications for new and reconstructed sources shall 
be submitted as required by Sec. 63.9(b).
    (iii) For the purpose of this subpart, a Title V or part 70 permit 
application may be used in lieu of the initial notification required 
under Sec. 63.9(b), provided the same information is contained in the 
permit application as required by Sec. 63.9(b), and the State to which 
the permit application has been submitted has an approved operating 
permit program under part 70 of this chapter and has received delegation 
of authority from the EPA.
    (iv) Permit applications shall be submitted by the same due dates as 
those specified for the initial notifications.
    (2) A Notification of Performance Tests specified in Sec. 63.7 and 
Sec. 63.9(e) of this part. This notification, and the site-specific test 
plan required under Sec. 63.7(c)(2) shall identify the operating 
parameter to be monitored to ensure that the capture efficiency measured 
during the performance test is maintained. The operating parameter 
identified in the site-specific test plan shall be considered to be 
approved unless explicitly disapproved, or unless comments received from 
the Administrator require monitoring of an alternate parameter.
    (3) A Notification of Compliance Status specified in Sec. 63.9(h) of 
this part.
    (4) Performance test reports specified in Sec. 63.10(d)(2) of this 
part.
    (5) Start-up, shutdown, and malfunction reports specified in 
Sec. 63.10(d)(5) of this part, except that the provisions in subpart A 
pertaining to start-ups, shutdowns, and malfunctions do not apply unless 
a control device is used to comply with this subpart.
    (i) If actions taken by an owner or operator during a start-up, 
shutdown, or malfunction of an affected source (including actions taken 
to correct a malfunction) are not completely consistent with the 
procedures specified in the source's start-up, shutdown, and malfunction 
plan specified in Sec. 63.6(e)(3) of this part, the owner or operator 
shall state such information in the report. The start-up, shutdown, or 
malfunction report shall consist of a letter

[[Page 1053]]

containing the name, title, and signature of the responsible official 
who is certifying its accuracy, that shall be submitted to the 
Administrator.
    (ii) Separate start-up, shutdown, or malfunction reports are not 
required if the information is included in the report specified in 
paragraph (b)(6) of this section.
    (6) A summary report specified in Sec. 63.10(e)(3) of this part 
shall be submitted on a semi-annual basis (i.e., once every six-month 
period). In addition to a report of operating parameter exceedances as 
required by Sec. 63.10(e)(3)(i), the summary report shall include, as 
applicable:
    (i) Exceedances of the standards in Secs. 63.824-63.825.
    (ii) Exceedances of either of the criteria of Sec. 63.820(a)(2).
    (iii) Exceedances of the criterion of Sec. 63.821(b)(1) and the 
criterion of Sec. 63.821(b)(2) in the same month.
    (iv) Exceedances of the criterion of Sec. 63.821(a)(2)(ii)(A).



Sec. 63.831  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under 40 CFR part 63 subpart E of this part, the authorities 
contained in paragraph (b) of this section shall be retained by the 
Administrator and not transferred to a State.
    (b) Authority which will not be delegated to States: Sec. 63.827(b), 
approval of alternate test method for organic HAP content determination; 
Sec. 63.827(c), approval of alternate test method for volatile matter 
determination.
Secs. 63.832-63.839  [Reserved]

 Table 1 to Subpart KK.--Applicability of General Provisions to Subpart 
                                   KK                                   
------------------------------------------------------------------------
                                  Applicable to                         
 General provisions reference       subpart KK            Comment       
------------------------------------------------------------------------
Sec.  63.1(a)(1)-(a)(4).......  Yes.                                    
Sec.  63.1(a)(5)..............  No...............  Section reserved.    
Sec.  63.1(a)(6)-(a)(8).......  No.                                     
Sec.  63.1(a)(9)..............  No...............  Section reserved.    
Sec.  63.1(a)(10)-(a)(14).....  Yes.                                    
Sec.  63.1(b)(1)..............  No...............  Subpart KK specifies 
                                                    applicability.      
Sec.  63.1(b)(2)-(b)(3).......  Yes.                                    
Sec.  63.1(c)(1)..............  Yes.                                    
Sec.  63.1(c)(2)..............  No...............  Area sources are not 
                                                    subject to subpart  
                                                    KK.                 
Sec.  63.1(c)(3)..............  No...............  Section reserved.    
Sec.  63.1(c)(4)..............  Yes.                                    
Sec.  63.1(c)(5)..............  No.                                     
Sec.  63.1(d).................  No...............  Section reserved.    
Sec.  63.1(e).................  Yes.                                    
Sec.  63.2....................  Yes..............  Additional           
                                                    definitions in      
                                                    subpart KK.         
Sec.  63.3(a)-(c).............  Yes.                                    
Sec.  63.4(a)(1)-(a)(3).......  Yes.                                    
Sec.  63.4(a)(4)..............  No...............  Section reserved.    
Sec.  63.4(a)(5)..............  Yes.                                    
Sec.  63.4(b-c)...............  Yes.                                    
Sec.  63.5(a)(1)-(a)(2).......  Yes.                                    
Sec.  63.5(b)(1)..............  Yes.                                    
Sec.  63.5(b)(2)..............  No...............  Section reserved.    
Sec.  63.5(b)(3)-(b)(6).......  Yes.                                    
Sec.  63.5(c).................  No...............  Section reserved.    
Sec.  63.5(d).................  Yes.                                    
Sec.  63.5(e).................  Yes.                                    
Sec.  63.5(f).................  Yes.                                    
Sec.  63.6(a).................  Yes.                                    
Sec.  63.6(b)(1)-(b)(5).......  Yes.                                    
Sec.  63.6(b)(6)..............  No...............  Section reserved.    
Sec.  63.6(b)(7)..............  Yes.                                    
Sec.  63.6(c)(1)-(c)(2).......  Yes.                                    
Sec.  63.6(c)(3)-(c)(4).......  No...............  Sections reserved.   
Sec.  63.6(c)(5)..............  Yes.                                    
Sec.  63.6(d).................  No...............  Section reserved.    
Sec.  63.6(e).................  Yes..............  Provisions pertaining
                                                    to start-ups,       
                                                    shutdowns,          
                                                    malfunctions, and   
                                                    CMS do not apply    
                                                    unless an add-on    
                                                    control system is   
                                                    used.               
Sec.  63.6(f).................  Yes.                                    
Sec.  63.6(g).................  Yes.                                    
Sec.  63.6(h).................  No...............  Subpart KK does not  
                                                    require COMS.       
Sec.  63.6(i)(1)-(i)(14)......  Yes.                                    

[[Page 1054]]

                                                                        
Sec.  63.6(i)(15).............  No...............  Section reserved.    
Sec.  63.6(i)(16).............  Yes.                                    
Sec.  63.6(j).................  Yes.                                    
Sec.  63.7....................  Yes.                                    
Sec.  63.8(a)(1)-(a)(2).......  Yes.                                    
Sec.  63.8(a)(3)..............  No...............  Section reserved.    
Sec.  63.8(a)(4)..............  No...............  Subpart KK specifies 
                                                    the use of solvent  
                                                    recovery devices or 
                                                    oxidizers.          
Sec.  63.8(b).................  Yes.                                    
Sec.  63.8(c)(1)-(3)..........  Yes.                                    
Sec.  63.8(c)(4)..............  No...............  Subpart KK specifies 
                                                    CMS sampling        
                                                    requirements.       
Sec.  63.8(c)(5)..............  No...............  Subpart KK does not  
                                                    require COMS.       
Sec.  63.8(c)(6)-(c)(8).......  Yes..............  Provisions for COMS  
                                                    are not applicable. 
Sec.  63.8(d)-(f).............  Yes.                                    
Sec.  63.8(g).................  No...............  Subpart KK specifies 
                                                    CMS data reduction  
                                                    requirements.       
Sec.  63.9(a).................  Yes.                                    
Sec.  63.9(b)(1)..............  Yes.                                    
Sec.  63.9(b)(2)..............  Yes..............  Initial notification 
                                                    submission date     
                                                    extended.           
Sec.  63.9(b)(3)-(b)(5).......  Yes.                                    
Sec.  63.9(c)-(e).............  Yes.                                    
Sec.  63.9(f).................  No...............  Subpart KK does not  
                                                    require opacity and 
                                                    visible emissions   
                                                    observations.       
Sec.  63.9(g).................  Yes..............  Provisions for COMS  
                                                    are not applicable. 
Sec.  63.9(h)(1)-(h)(3).......  Yes.                                    
Sec.  63.9(h)(4)..............  No...............  Section reserved.    
Sec.  63.9(h)(5)-(h)(6).......  Yes.                                    
Sec.  63.9(i).................  Yes.                                    
Sec.  63.9(j).................  Yes.                                    
Sec.  63.10(a)................  Yes.                                    
Sec.  63.10(b)(1)-(b)(3)......  Yes.                                    
Sec.  63.10(c)(1).............  Yes.                                    
Sec.  63.10(c)(2)-(c)(4)......  No...............  Sections reserved.   
Sec.  63.10(c)(5)-(c)(8)......  Yes.                                    
Sec.  63.10(c)(9).............  No...............  Section reserved.    
Sec.  63.10(c)(10)-(c)(15)....  Yes.                                    
Sec.  63.10(d)(1)-(d)(2)......  Yes.                                    
Sec.  63.10(d)(3).............  No...............  Subpart KK does not  
                                                    require opacity and 
                                                    visible emissions   
                                                    observations.       
Sec.  63.10(d)(4)-(d)(5)......  Yes.                                    
Sec.  63.10(e)................  Yes..............  Provisions for COMS  
                                                    are not applicable. 
Sec.  63.10(f)................  Yes.                                    
Sec.  63.11...................  No...............  Subpart KK specifies 
                                                    the use of solvent  
                                                    recovery devices or 
                                                    oxidizers.          
Sec.  63.12...................  Yes.                                    
Sec.  63.13...................  Yes.                                    
Sec.  63.14...................  Yes.                                    
Sec.  63.15...................  Yes.                                    
------------------------------------------------------------------------

 Appendix A to Subpart KK to Part 63--Data Quality Objective and Lower 
Confidence Limit Approaches for Alternative Capture Efficiency Protocols 
                            and Test Methods

    1. Introduction
    1.1  Alternative capture efficiency (CE) protocols and test methods 
that satisfy the criteria of either the data quality objective (DQO) 
approach or the lower confidence limit (LCL) approach are acceptable 
under Sec. 63.827(f). The general criteria for alternative CE protocols 
and test methods to qualify under either the DQO or LCL approach are 
described in section 2. The DQO approach and criteria specific to the 
DQO approach are described in section 3. The LCL approach and criteria 
specific to the LCL approach are described in section 4. The recommended 
reporting for alternative CE protocols and test methods are presented in 
section 5. The recommended recordkeeping for alternative CE protocols 
and test methods are presented in section 6.
    1.2  Although the Procedures L, G.1, G.2, F.1, and F.2 in 
Sec. 52.741 of part 52 were developed for TTE and BE testing, the same 
procedures can also be used in an alternative CE protocol. For example, 
a traditional liquid/gas mass balance CE protocol could employ Procedure 
L to measure liquid VOC input and Procedure G.1 to measure captured VOC.

[[Page 1055]]

             2. General Criteria for DQO and LCL Approaches

    2.1  The following general criteria must be met for an alternative 
capture efficiency protocol and test methods to qualify under the DQO or 
LCL approach.
    2.2  An alternative CE protocol must consist of at least three valid 
test runs. Each test run must be at least 20 minutes long. No test run 
can be longer than 24 hours.
    2.3  All test runs must be separate and independent. For example, 
liquid VOC input and output must be determined independently for each 
run. The final liquid VOC sample from one run cannot be the initial 
sample for another run. In addition, liquid input for an entire day 
cannot be apportioned among test runs based on production.
    2.4  Composite liquid samples cannot be used to obtain an ``average 
composition'' for a test run. For example, separate initial and final 
coating samples must be taken and analyzed for each run; initial and 
final samples cannot be combined prior to analysis to derive an 
``average composition'' for the test run.
    2.5  All individual test runs that result in a CE of greater than 
105 percent are invalid and must be discarded.
    2.6  If the source can demonstrate to the regulatory agency that a 
test run should not be considered due to an identified testing or 
analysis error such as spillage of part of the sample during shipping or 
an upset or improper operating conditions that is not considered part of 
normal operation then the test result for that individual test run may 
be discarded. This limited exception allows sources to discard as 
``outliers'' certain individual test runs without replacing them with a 
valid test run as long as the facility has at least three valid test 
runs to use when calculating its DQO or LCL. This exception is limited 
solely to test runs involving the types of errors identified above.
    2.7  All valid test runs that are conducted must be included in the 
average CE determination. The individual test run CE results and average 
CE results cannot be truncated (i.e., 105 percent cannot be reported as 
100+ percent) for purposes of meeting general or specific criteria for 
either the DQO or the LCL. If the DQO is satisfied and the average CE is 
greater than 100, then 100 percent CE must be considered the result of 
the test.
    2.8  Alternative test methods for measuring VOC concentration must 
include a three-point calibration of the gas analysis instrument in the 
expected concentration range.

                   3. Data Quality Objective Approach

    3.1  The purpose of the DQO is to allow sources to use alternative 
CE protocols and test methods while ensuring reasonable precision 
consistent with pertinent requirements of the Clean Air Act. In addition 
to the general criteria described in section 2, the specific DQO 
criterion is that the width of the two-sided 95 percent confidence 
interval of the mean measured value must be less than or equal to 10 
percent of the mean measured value (see Figure 1). This ensures that 95 
percent of the time, when the DQO is met, the actual CE value will be 
5 percent of the mean measured value (assuming that the test 
protocol is unbiased).

[GRAPHIC] [TIFF OMITTED] TC01MY92.047


[[Page 1056]]


    3.2  The DQO calculation is made as follows using Equations 1 and 2:
    [GRAPHIC] [TIFF OMITTED] TR30MY96.022
    
    [GRAPHIC] [TIFF OMITTED] TR30MY96.023
    
    Where:

a=distance from the average measured CE value to the endpoints of the 
          95-percent (two-sided) confidence interval for the measured 
          value.
n=number of valid test runs.
P=DQO indicator statistic, distance from the average measured CE value 
          to the endpoints of the 95-percent (two-sided) confidence 
          interval, expressed as a percent of the average measured CE 
          value.
s=sample standard deviation.
t0.975=t-value at the 95-percent confidence level (see Table 1).
xavg=average measured CE value (calculated from all valid test 
          runs).
xi=the CE value calculated from the ith test run.

                                                                                                                
                                                                                                                
                                                                            Number of                           
          Number of valid test runs, n              t0.975       t0.90      valid test     t0.975       t0.90   
                                                                             runs, n                            
                                                                                                                
1 or 2.........................................          N/A          N/A           12        2.201        1.363
3..............................................        4.303        1.886           13        2.179        1.356
4..............................................        3.182        1.638           14        2.160        1.350
5..............................................        2.776        1.533           15        2.145        1.345
6..............................................        2.571        1.476           16        2.131        1.341
7..............................................        2.447        1.440           17        2.120        1.337
8..............................................        2.365        1.415           18        2.110        1.333
9..............................................        2.306        1.397           19        2.101        1.330
10.............................................        2.262        1.383           20        2.093        1.328
1..............................................       12.228        1.372           21        2.086        1.325
                                                                                                                

    3.3  The sample standard deviation and average CE value are 
calculated using Equations 3 and 4 as follows:
[GRAPHIC] [TIFF OMITTED] TR30MY96.024

[GRAPHIC] [TIFF OMITTED] TR30MY96.025

    3.4  The DQO criteria are achieved when all of the general criteria 
in section 2 are achieved and P 5 percent (i.e., the specific 
DQO criterion is achieved). In order to meet this objective, facilities 
may have to conduct more than three test runs. Examples of calculating 
P, given a finite number of test runs, are shown below. (For purposes of 
this example it is assumed that all of the general criteria are met.)
    3.5  Facility A conducted a CE test using a traditional liquid/gas 
mass balance and submitted the following results and the calculations 
shown in Equations 5 and 6:

------------------------------------------------------------------------
                              Run                                   CE  
------------------------------------------------------------------------
1..............................................................     96.1
2..............................................................    105.0
3..............................................................    101.2
------------------------------------------------------------------------

Therefore:

n=3
t0.975=4.30
xavg=100.8
s=4.51
[GRAPHIC] [TIFF OMITTED] TR30MY96.026


[[Page 1057]]

[GRAPHIC] [TIFF OMITTED] TR30MY96.027


      
    3.6  Since the facility did not meet the specific DQO criterion, 
they ran three more test runs.

------------------------------------------------------------------------
                              Run                                   CE  
------------------------------------------------------------------------
4..............................................................     93.2
5..............................................................     96.2
6..............................................................     87.6
------------------------------------------------------------------------

    3.7  The calculations for Runs 1-6 are made as follows using 
Equations 7 and 8:

n=6
t0.975=2.57
xavg=96.6
s=6.11
[GRAPHIC] [TIFF OMITTED] TR30MY96.028

[GRAPHIC] [TIFF OMITTED] TR30MY96.029

    3.8  The facility still did not meet the specific DQO criterion. 
They ran three more test runs with the following results:

------------------------------------------------------------------------
                              Run                                   CE  
------------------------------------------------------------------------
7..............................................................     92.9
8..............................................................     98.3
9..............................................................     91.0
------------------------------------------------------------------------

    3.9  The calculations for Runs 1-9 are made as follows using 
Equations 9 and 10:

n=9
t0.975=2.31
xavg=95.7
s=5.33
[GRAPHIC] [TIFF OMITTED] TR30MY96.030

[GRAPHIC] [TIFF OMITTED] TR30MY96.031

    3.10  Based on these results, the specific DQO criterion is 
satisfied. Since all of the general criteria were also satisfied, the 
average CE from the nine test runs can be used to determine compliance.

                   4. Lower Confidence Limit Approach

    4.1  The purpose of the LCL approach is to provide sources, that may 
be performing much better than their applicable regulatory requirement, 
a screening option by which they can demonstrate compliance. The 
approach uses less precise methods and avoids additional test runs which 
might otherwise be needed to meet the specific DQO criterion while still 
being assured of correctly demonstrating compliance. It is designed to 
reduce ``false positive'' or so called ``Type II errors'' which may 
erroneously indicate compliance where more variable test methods are 
employed. Because it encourages CE performance greater than that 
required in exchange for reduced compliance demonstration burden, the 
sources that successfully use the LCL approach could produce emission 
reductions beyond allowable emissions. Thus, it could provide additional 
benefits to the environment as well.
    4.2  The LCL approach compares the 80 percent (two-sided) LCL for 
the mean measured CE value to the applicable CE regulatory requirement. 
In addition to the general criteria described in section 2, the specific 
LCL criteria are that either the LCL be greater than or equal to the 
applicable CE regulatory requirement or that the specific DQO criterion 
is met. A more detailed description of the LCL approach follows:
    4.3  A source conducts an initial series of at least three runs. The 
owner or operator may choose to conduct additional test runs during the 
initial test if desired.
    4.4  If all of the general criteria are met and the specific DQO 
criterion is met, then the average CE value is used to determine 
compliance.
    4.5  If the data meet all of the general criteria, but do not meet 
the specific DQO criterion; and the average CE, using all valid test 
runs, is above 100 percent then the test sequence cannot be used to 
calculate the LCL. At this point the facility has the option of (a) 
conducting more test runs in hopes of meeting the DQO or of bringing the 
average CE for all test runs below 100 percent so the LCL can be used or 
(b) discarding all previous test data and retesting.
    4.6  The purpose of the requirement in Section 4.5 is to protect 
against protocols and test methods which may be inherently biased high. 
This is important because it is impossible to have an actual CE greater 
than 100 percent and the LCL approach only looks at the lower end 
variability of the test results. This is different from the DQO which 
allows average CE values up to 105 percent because the DQO sets both 
upper and lower limits on test variability.
    4.7  If at any point during testing the results meet the DQO, the 
average CE can be used for demonstrating compliance with the applicable 
regulatory requirement. Similarly, if the average CE is below 100 
percent then the LCL can be used for demonstrating compliance with the 
applicable regulatory requirement without regard to the DQO.
    4.8  The LCL is calculated at a 80 percent (two-sided) confidence 
level as follows using Equation 11:

[[Page 1058]]

[GRAPHIC] [TIFF OMITTED] TR30MY96.032


Where:

LC1=LCL at a 80 percent (two-sided) confidence level.
n=number of valid test runs.
s=sample standard deviation.
t0.90=t-value at the 80-percent (two-sided) confidence level (see 
          Table 3-1).
xavg=average measured CE value (calculated from all valid test 
          runs).

    4.9  The resulting LC1 is compared to the applicable CE 
regulatory requirement. If LC1 exceeds (i.e., is higher than) the 
applicable regulatory requirement, then a facility is in initial 
compliance. However, if the LC1 is below the CE requirement, then 
the facility must conduct additional test runs. After this point the 
test results will be evaluated not only looking at the LCL, but also the 
DQO of 5 percent of the mean at a 95 percent confidence 
level. If the test results with the additional test runs meet the DQO 
before the LCL exceeds the applicable CE regulatory requirement, then 
the average CE value will be compared to the applicable CE regulatory 
requirement for determination of compliance.
    4.10  If there is no specific CE requirement in the applicable 
regulation, then the applicable CE regulatory requirement is determined 
based on the applicable regulation and an acceptable destruction 
efficiency test. If the applicable regulation requires daily compliance 
and the latest CE compliance demonstration was made using the LCL 
approach, then the calculated LC1 will be the highest CE value 
which a facility is allowed to claim until another CE demonstration test 
is conducted. This last requirement is necessary to assure both 
sufficiently reliable test results in all circumstances and the 
potential environmental benefits referenced above.
    4.11  An example of calculating the LCL is shown below. Facility B's 
applicable regulatory requirement is 85 percent CE. Facility B conducted 
a CE test using a traditional liquid/gas mass balance and submitted the 
following results and the calculation shown in Equation 12:

------------------------------------------------------------------------
                              Run                                   CE  
------------------------------------------------------------------------
1..............................................................     94.2
2..............................................................     97.6
3..............................................................     90.5
------------------------------------------------------------------------

Therefore:

n=3
t0.90=1.886
xavg=94.1
s=3.55
[GRAPHIC] [TIFF OMITTED] TR30MY96.033

    4.12  Since the LC1 of 90.23 percent is above the applicable 
regulatory requirement of 85 percent then the facility is in compliance. 
The facility must continue to accept the LC1 of 90.23 percent as 
its CE value until a new series of valid tests is conducted. (The data 
generated by Facility B do not meet the specific DQO criterion.)

          5. Recommended Reporting for Alternative CE Protocols

    5.1  If a facility chooses to use alternative CE protocols and test 
methods that satisfy either the DQO or LCL and the additional criteria 
in section 4., the following information should be submitted with each 
test report to the appropriate regulatory agency:
    1. A copy of all alternative test methods, including any changes to 
the EPA reference methods, QA/QC procedures and calibration procedures.
    2. A table with information on each liquid sample, including the 
sample identification, where and when the sample was taken, and the VOC 
content of the sample;
    3. The coating usage for each test run (for protocols in which the 
liquid VOC input is to be determined);
    4. The quantity of captured VOC measured for each test run;
    5. The CE calculations and results for each test run;
    6. The DQO or LCL calculations and results; and
    7. The QA/QC results, including information on calibrations (e.g., 
how often the instruments were calibrated, the calibration results, and 
information on calibration gases, if applicable).

       6. Recommended Recordkeeping for Alternative CE Protocols.

    6.1  A record should be kept at the facility of all raw data 
recorded during the test in a suitable form for submittal to the 
appropriate regulatory authority upon request.

[[Page 1059]]



                       Subparts LL-NN  [Reserved]



       Subpart OO--National Emission Standards for Tanks--Level 1

    Source: 61 FR 34184, July 1, 1996, unless otherwise noted.



Sec. 63.900  Applicability.

    The provisions of this subpart apply to the control of air emissions 
from tanks for which another subpart of 40 CFR parts 60, 61, or 63 
references the use of this subpart for such air emission control. These 
air emission standards for tanks are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to the other subparts that reference this subpart. The 
provisions of 40 CFR part 63, subpart A--General Provisions do not apply 
to this subpart except as noted in the subpart that references this 
subpart.



Sec. 63.901  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that, when the device is secured in the closed position, 
prevents or reduces air emissions to the atmosphere by blocking an 
opening in a fixed roof. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring-loaded pressure relief valve).
    Fixed roof means a cover that is mounted on a tank in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the tank.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec. 63.905(a) 
of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in tanks using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to the tank air emission control equipment by venting gases 
or vapors directly to the atmosphere during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose of 
this subpart, a safety device is not used for routine venting of gases 
or vapors from the vapor headspace underneath the tank cover. A safety 
device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another relevant 
parameter, exceeds the device threshold setting applicable to the air 
emission control equipment as determined by the owner or operator based 
on manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitable, explosive, 
reactive, or hazardous materials.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.



Sec. 63.902  Standards--Tank fixed roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a tank using a fixed roof.
    (b) The tank shall be equipped with a fixed roof designed to meet 
the following specifications:
    (1) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank. The fixed roof may be a separate cover installed on the tank 
(e.g., a removable cover mounted on an open-top tank) or may be an 
integral part of the tank structural design (e.g., a horizontal 
cylindrical tank equipped with a hatch).

[[Page 1060]]

    (2) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the tank 
wall.
    (3) Each opening in the fixed roof shall be either:
    (i) equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device; or
    (ii) connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and shall be operating whenever regulated material is managed in 
the tank.
    (4) The fixed roof and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the fixed roof 
and closure devices shall include: organic vapor permeability, the 
effects of any contact with the liquid or its vapors managed in the 
tank; the effects of outdoor exposure to wind, moisture, and sunlight; 
and the operating practices used for the tank on which the fixed roof is 
installed.
    (c) Whenever a regulated-material is in the tank, the fixed roof 
shall be installed with each closure device secured in the closed 
position except as follows:
    (1) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (i) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample the liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (ii) To remove accumulated sludge or other residues from the bottom 
of tank.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the tank internal pressure in accordance with the tank 
design specifications. The device shall be designed to operate with no 
detectable organic emissions when the device is secured in the closed 
position. The settings at which the device opens shall be established 
such that the device remains in the closed position whenever the tank 
internal pressure is within the internal pressure operating range 
determined by the owner or operator based on the tank manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, combustible, explosive, reactive, or 
hazardous materials. Examples of normal operating conditions that may 
require these devices to open are during those times when the container 
internal pressure exceeds the internal pressure operating range for the 
tank as a result of loading operations or diurnal ambient temperature 
fluctuations.
    (3) Opening of a safety device, as defined in Sec. 63.901 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the air emission control 
equipment in accordance with the requirements specified in 
Sec. 63.906(a) of this subpart.
Secs. 63.903-63.904  [Reserved]



Sec. 63.905  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and

[[Page 1061]]

associated closure devices shall be checked. Potential leak interfaces 
that are associated with covers and closure devices include, but are not 
limited to: the interface of the cover and its foundation mounting; the 
periphery of any opening on the cover and its associated closure device; 
and the sealing seat interface on a spring-loaded pressure-relief valve.
    (2) The test shall be performed when the tank contains a material 
having an organic HAP concentration representative of the range of 
concentrations for the regulated-materials expected to be managed in the 
tank. During the test, the cover and closure devices shall be secured in 
the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the regulated-
material placed in the tank, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration less than 10,000 
ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 500 ppmv. If the difference is less than 
500 ppmv, then the potential leak interface is determined to operate 
with no detectable organic emissions.
    (b) [Reserved]



Sec. 63.906  Inspection and monitoring requirements.

    (a) Owners and operators that use a tank equipped with a fixed roof 
in accordance with the provisions of Sec. 63.902 of this subpart shall 
meet the following requirements:
    (1) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (2) The owner or operator shall perform the inspections following 
installation of the fixed roof and, thereafter, at least once every 
year.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.907 (a) of this 
subpart.
    (b) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary

[[Page 1062]]

removal from service of the tank and no alternative tank capacity is 
available at the site to accept the regulated-material normally managed 
in the tank. In this case, the owner or operator shall repair the defect 
the next time the process or unit that is generating the regulated-
material managed in the tank stops operation. Repair of the defect shall 
be completed before the process or unit resumes operation.
    (c) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.907(b) 
of this subpart.



Sec. 63.907  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain a record for 
each tank that includes the following information:
    (1) A tank identification number (or other unique identification 
description as selected by the owner or operator).
    (2) A description of the tank dimensions and the tank design 
capacity.
    (3) The date that each inspection required by Sec. 63.906 of this 
subpart is performed.
    (b) The owner or operator shall record the following information for 
each defect detected during inspections required by Sec. 63.906 of this 
subpart: the location of the defect, a description of the defect, the 
date of detection, and corrective action taken to repair the defect. In 
the event that repair of the defect is delayed in accordance with the 
provisions of Sec. 63.907(b)(2) of this section, the owner or operator 
shall also record the reason for the delay and the date that completion 
of repair of the defect is expected.



         Subpart PP--National Emission Standards for Containers

    Source: 61 FR 34186, July 1, 1996, unless otherwise noted.



Sec. 63.920  Applicability.

    The provisions of this subpart apply to the control of air emissions 
from containers for which another subpart of 40 CFR parts 60, 61, or 63 
references the use of this subpart for such air emission control. These 
air emission standards for containers are placed here for administrative 
convenience and only apply to those owners and operators of facilities 
subject to the other subparts that reference this subpart. The 
provisions of 40 CFR Part 63, subpart A--General Provisions do not apply 
to this subpart except as noted in the subpart that references this 
subpart.



Sec. 63.921  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Container means a portable unit in which a material can be stored, 
transported, treated, disposed of, or otherwise handled. Examples of 
containers include but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as ``portable tanks'' or 
``totes,'' cargo tank trucks, and tank railcars.
    Closure device means a cover, cap, hatch, lid, plug, seal, valve, or 
other type of fitting that prevents or reduces air emissions to the 
atmosphere by blocking an opening in a container or its cover when the 
device is secured in the closed position. Closure devices include 
devices that are detachable from the container (e.g., a drum head, a 
threaded plug), manually operated (e.g., a hinged dumpster lid, a truck 
tank hatch), or automatically operated (e.g., a spring loaded pressure 
relief valve).
    Empty container means a container for which either of the following 
conditions exists, as applicable: the regulated-material is a hazardous 
waste and the container meets the conditions for an empty container 
specified in 40 CFR 261.7(b); or all regulated-material has been removed 
from the container except for any regulated-material that remains on the 
interior surfaces of the container as clingage or in pools on the 
container bottom due to irregularities in the container.

[[Page 1063]]

    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec. 63.925(a) 
of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a container or its air emission control equipment by 
venting gases or vapors directly to the atmosphere during unsafe 
conditions resulting from an unplanned, accidental, or emergency event. 
For the purpose of this subpart, a safety device is not used for routine 
venting of gases or vapors from the container such as during filling of 
the container or to adjust the internal pressure of the container in 
response to normal daily diurnal ambient temperature fluctuations. A 
safety device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another relevant 
parameter, exceeds the device threshold setting applicable to the 
container and its air emission control equipment as determined by the 
owner or operator based on manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, ignitable, explosive, reactive, or hazardous materials.



Sec. 63.922  Standards--Container Level 1 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 1 controls.
    (b) A container using Container Level 1 controls is one of the 
following:
    (1) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (2) A container equipped with a cover and closure devices that form 
a continuous barrier over the container openings such that when the 
cover and closure devices are secured in the closed position there are 
no visible holes, gaps, or other open spaces into the interior of the 
container. The cover may be a separate cover installed on the container 
(e.g., a lid on a drum, a suitably secured tarp on a roll-off box) or 
may be an integral part of the container structural design (e.g., a bulk 
cargo container equipped with a screw-type cap).
    (3) An open-top container in which an organic vapor-suppressing 
barrier is placed on or over the regulated-material in the container 
such that no regulated-material is exposed to the atmosphere. One 
example of such a barrier is application of a suitable organic-vapor 
suppressing foam.
    (c) A container used to meet the requirements of either paragraph 
(b)(2) or (b)(3) of this section shall be equipped with covers and 
closure devices, as applicable to the container, that are composed of 
suitable materials to minimize exposure of the regulated-material to the 
atmosphere and to maintain the equipment integrity for as long as it is 
in service. Factors to be considered when selecting the materials for 
and designing the cover and closure devices shall include: organic vapor 
permeability, the effects of contact with the material or its vapor 
managed in the container; the effects of outdoor exposure to wind, 
moisture, and sunlight; and the operating practices used for container 
on which the cover is installed.
    (d) Whenever a regulated-material is in a container using Container 
Level 1 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (1) Opening of a closure device or cover is allowed for the purpose 
of adding material to the container as follows:
    (i) In the case when the container is filled to the intended final 
level in one

[[Page 1064]]

continuous operation, the owner or operator shall promptly secure the 
closure devices in the closed position and install the covers, as 
applicable to the container, upon conclusion of the filling operation.
    (ii) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either: the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes; the person performing the 
loading operation leaves the immediate vicinity of the container; or the 
shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (2) Opening of a closure device or cover is allowed for the purpose 
of removing material from the container as follows:
    (i) For the purpose of meeting the requirements of this section, an 
empty container as defined in Sec. 63.921 of this subpart may be open to 
the atmosphere at any time (e.g., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (ii) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in Sec. 63.921 of this 
subpart, the owner or operator shall promptly secure the closure devices 
in the closed position and install covers, as applicable to the 
container, upon the completion of a batch removal after which no 
additional material will be removed from the container within 15 
minutes, or the person performing the unloading operation leaves the 
immediate vicinity of the container, whichever condition occurs first.
    (3) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of regulated-material. Examples of such activities include 
those times when a worker needs to open a port to measure the depth of 
or sample the material in the container, or when a worker needs to open 
a manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (4) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the container internal pressure in accordance with the 
container design specifications. The device shall be designed to operate 
with no detectable organic emissions when the device is secured in the 
closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the container internal pressure is within the internal pressure 
operating range determined by the owner or operator based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitable, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the container internal pressure exceeds the internal pressure 
operating range for the container as a result of loading operations or 
diurnal ambient temperature fluctuations.
    (5) Opening of a safety device, as defined in Sec. 63.921 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (e) The owner or operator shall inspect containers using Container 
Level 1 controls in accordance with the procedures specified in 
Sec. 63.926(a) of this subpart.
    (f) For the purpose of compliance with paragraph (b)(1) of this 
section, containers shall be used that meet the applicable U.S. DOT 
regulations on packaging hazardous materials for transportation as 
follows:

[[Page 1065]]

    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Regulated-material is managed in the container in accordance 
with the applicable requirements specified in 49 CFR part 107 subpart 
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions to 
the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for those 
packagings specified in 49 CFR 173.12(b).



Sec. 63.923  Standards--Container Level 2 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 2 controls.
    (b) A container using Container Level 2 controls is one of the 
following:
    (1) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (2) A container that has been demonstrated to operate with no 
detectable organic emissions as defined in Sec. 63.921 of this subpart.
    (3) A container that has been demonstrated within the preceding 12 
months to be vapor-tight by using Method 27 in Appendix A of 40 CFR part 
60 in accordance with the procedure specified in Sec. 63.925(b) of this 
subpart.
    (c) Transfer of regulated-material in to or out of a container using 
Container Level 2 controls shall be conducted in such a manner as to 
minimize exposure of the regulated-material to the atmosphere, to the 
extent practical, considering the physical properties of the regulated-
material and good engineering and safety practices for handling 
flammable, ignitable, explosive, or other hazardous materials. Examples 
of container loading procedures that meet the requirements of this 
paragraph include using any one of the following: a submerged-fill pipe 
or other submerged-fill method to load liquids into the container; a 
vapor-balancing system or a vapor-recovery system to collect and control 
the vapors displaced from the container during filling operations; or a 
fitted opening in the top of a container through which the regulated-
material is filled, with subsequent purging of the transfer line before 
removing it from the container opening.
    (d) Whenever a regulated-material is in a container using Container 
Level 2 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (1) Opening of a closure device or cover is allowed for the purpose 
of adding material to the container as follows:
    (i) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (ii) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either the container being filled to the intended final level, the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes, the person performing the 
loading operation leaves the immediate vicinity of the container, or the 
shutdown of the process generating the material being

[[Page 1066]]

added to the container, whichever condition occurs first.
    (2) Opening of a closure device or cover is allowed for the purpose 
of removing material from the container as follows:
    (i) For the purpose of meeting the requirements of this section, an 
empty container as defined in Sec. 63.921 of this subpart may be open to 
the atmosphere at any time (e.g., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (ii) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in Sec. 63.921 of this 
subpart, the owner or operator shall promptly secure the closure devices 
in the closed position and install covers, as applicable to the 
container, upon the completion of a batch removal after which no 
additional material will be removed from the container within 15 minutes 
or the person performing the unloading operation leaves the immediate 
vicinity of the container, whichever condition occurs first.
    (3) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of regulated-material. Examples of such activities include 
those times when a worker needs to open a port to measure the depth of 
or sample the material in the container, or when a worker needs to open 
a manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (4) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the container internal pressure in accordance with the 
container design specifications. The device shall be designed to operate 
with no detectable organic emissions when the device is secured in the 
closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the container internal pressure is within the internal pressure 
operating range determined by the owner or operator based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, combustible, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the container internal pressure exceeds the internal pressure 
operating range for the container as a result of loading operations or 
diurnal ambient temperature fluctuations.
    (5) Opening of a safety device, as defined in Sec. 63.921 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (e) The owner or operator shall inspect containers using Container 
Level 2 controls in accordance with the procedures specified in 
Sec. 63.926(a) of this subpart.
    (f) For the purpose of compliance with paragraph (b)(1) of this 
section, containers shall be used that meet the applicable U.S. DOT 
regulations on packaging hazardous materials for transportation as 
follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packagings or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Regulated-material is managed in the container in accordance 
with the applicable requirements specified in 49 CFR part 107 subpart 
B--Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packaging; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions to 
the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.

[[Page 1067]]

    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for those 
packagings specified in 49 CFR 173.12(b).



Sec. 63.924  Standards--Container Level 3 controls.

    (a) This section applies to owners and operators subject to this 
subpart and required to control air emissions from containers using 
Container Level 3 controls.
    (b) A container using Container Level 3 controls is one of the 
following:
    (1) A container that is vented directly through a closed-vent system 
to a control device in accordance with the requirements of paragraphs 
(c)(2) of this section.
    (2) A container that is vented inside an enclosure which is 
exhausted through a closed-vent system to a control device in accordance 
with the requirements of paragraphs (c)(1) and (c)(2) of this section.
    (c) The owner or operator shall meet the following requirements as 
applicable to the type of air emission control equipment selected by the 
owner or operator:
    (1) The enclosure shall be designed and operated in accordance with 
the criteria for a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, Appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
containers through the enclosure by conveyor or other mechanical means; 
entry of permanent mechanical or electrical equipment; or to direct 
airflow into the enclosure. The owner or operator shall perform the 
verification procedure for the enclosure as specified in Section 5.0 to 
``Procedure T--Criteria for and Verification of a Permanent or Temporary 
Total Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of 40 CFR 63.692.
    (d) Safety devices, as defined in Sec. 63.921 of this subpart, may 
be installed and operated as necessary on any container, enclosure, 
closed-vent system, or control device used to comply with this section.



Sec. 63.925  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with of this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the container, its cover, and associated closure devices, as 
applicable to the container, shall be checked. Potential leak interfaces 
that are associated with containers include, but are not limited to: the 
interface of the cover rim and the container wall; the periphery of any 
opening on the container or container cover and its associated closure 
device; and the sealing seat interface on a spring-loaded pressure-
relief valve.
    (2) The test shall be performed when the container filled with a 
material having an organic HAP concentration representative of the range 
of concentrations for the regulated-materials expected to be managed in 
this type of container. During the test, the container cover and closure 
devices shall be secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the material placed 
in the container, not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than 10,000 ppmv.

[[Page 1068]]

    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 500 ppmv. If the difference is less than 
500 ppmv, then the potential leak interface is determined to operate 
with no detectable organic emissions.
    (b) Procedure for determining a container to be vapor-tight for the 
purpose of complying with this subpart.
    (1) The test shall be performed in accordance with Method 27 of 40 
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a precision 
of  2.5 mm water and that is capable of measuring above the 
pressure at which the container is to be tested for vapor tightness.
    (3) If the test results determined by Method 27 indicate that the 
container sustains a pressure change less than or equal to 750 Pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, 
then the container is determined to be vapor-tight.



Sec. 63.926  Inspection and monitoring requirements.

    (a) Owners and operators of containers using either Container Level 
1 or Container Level 2 controls in accordance with the provisions of 
Secs. 63.922 and 63.923 of this subpart, respectively, shall inspect the 
container and its cover and closure devices as follows:
    (1) In the case when a regulated-material already is in the 
container at the time the owner or operator first accepts possession of 
the container at the facility site and the container is not emptied 
(i.e., does not meet the conditions for an empty container) within 24 
hours after the container arrives at the facility site, the container 
and its cover and closure devices shall be visually inspected by the 
owner or operator to check for visible cracks, holes, gaps, or other 
open spaces into the interior of the container when the cover and 
closure devices are secured in the closed position. If a defect is 
detected, the owner or operator shall repair the defect in accordance 
with the requirements of paragraph (a)(3) of this section.
    (2) In the case when a container used for managing regulated-
material remains at the facility site for a period of 1 year or more, 
the container and its cover and closure devices shall be visually 
inspected by the owner or operator initially and thereafter, at least 
once every 12 months, to check for visible cracks, holes, gaps, or other 
open spaces into the interior of the container when the cover and 
closure devices are secured in the closed position. If a defect is 
detected, the owner or operator shall repair the defect in accordance 
with the requirements of paragraph (a)(3) of this section.
    (3) When a defect is detected for the container, cover, or closure 
devices, the owner or operator shall make first efforts at repair of the 
defect no later than 24 hours after detection and repair shall be 
completed as soon as possible but no later than 5 calendar days after 
detection. If repair of a defect cannot be completed within 5 calendar 
days, then the regulated-material shall be removed from the container 
and the container shall not be used to manage regulated-material until 
the defect is repaired.
    (b) Owners and operators using Container Level 3 controls in 
accordance with the provisions of Sec. 63.924 of this subpart shall 
inspect and monitor the

[[Page 1069]]

closed-vent systems and control devices in accordance with the 
requirements of Sec. 63.693 in 40 CFR Part 63, subpart DD--National 
Emission Standards for Hazardous Air Pollutants from Off-Site Waste and 
Recovery Operations.



Sec. 63.927  Recordkeeping requirements.

    (a) Owners and operators that use Container Level 3 controls in 
accordance with the provisions of Sec. 63.924 of this subpart shall 
prepare and maintain the following records:
    (1) Records for the most recent set of calculations and measurements 
performed by the owner or operator to verify that the enclosure meets 
the criteria of a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, Appendix B.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of Sec. 63.693 in 40 CFR Part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations.
    (b) [Reserved]



Sec. 63.928  Reporting requirements.

    (a) For owners and operators that use Container Level 3 controls in 
accordance with the provisions of Sec. 63.924 of this subpart, the owner 
or operator shall prepare and submit to the Administrator the reports 
required for closed-vent systems and control devices in accordance with 
the requirements of Sec. 63.693 in 40 CFR Part 63, subpart DD--National 
Emission Standards for Hazardous Air Pollutant Standards from Off-Site 
Waste and Recovery Operations.
    (b) [Reserved]



    Subpart QQ--National Emission Standards for Surface Impoundments

    Source: 61 FR 34190, July 1, 1996, unless otherwise noted.



Sec. 63.940  Applicability.

    The provisions of this subpart apply to the control of air emissions 
from surface impoundments for which another subpart of 40 CFR parts 60, 
61, or 63 references the use of this subpart for such air emission 
control. These air emission standards for surface impoundments are 
placed here for administrative convenience and only apply to those 
owners and operators of facilities subject to the other subparts that 
reference this subpart. The provisions of 40 CFR part 63, subpart AA--
General Provisions do not apply to this subpart except as noted in the 
subpart that references this subpart.



Sec. 63.941  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air emissions to the atmosphere 
by blocking an opening in a surface impoundment cover when the device is 
secured in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring loaded pressure relief valve).
    Cover means an air-supported structure, rigid roof, or other device 
that prevents or reduces air pollutant emissions to the atmosphere by 
forming a continuous barrier over the material managed in a surface 
impoundment. A cover may have openings (such as access hatches) that are 
necessary for operation, inspection, maintenance, and repair of 
equipment in the surface impoundment on which the cover is used.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec. 63.944(a) 
of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in containers using air emission 
controls in accordance with the standards specified in this subpart.

[[Page 1070]]

    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to the surface impoundment air emission control equipment by 
venting gases or vapors directly to the atmosphere during unsafe 
conditions resulting from an unplanned, accidental, or emergency event. 
For the purpose of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath the 
surface impoundment cover such as during filling of the surface 
impoundment or to adjust the pressure in this vapor headspace in 
response to normal daily diurnal ambient temperature fluctuations. A 
safety device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another relevant 
parameter, exceeds the device threshold setting applicable to the air 
emission control equipment as determined by the owner or operator based 
on manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitible, explosive, 
reactive, or hazardous materials.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.



Sec. 63.942  Standards--Surface impoundment floating membrane cover.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a surface impoundment using a 
floating membrane cover.
    (b) The surface impoundment shall be equipped with a floating 
membrane cover designed to meet the following specifications:
    (1) The floating membrane cover shall be designed to float on the 
liquid surface during normal operations, and form a continuous barrier 
over the entire surface area of the liquid.
    (2) The cover shall be fabricated from a synthetic membrane material 
that is either:
    (i) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (mm); or
    (ii) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (b)(2)(i) of this section; and 
chemical and physical properties that maintain the material integrity 
for the intended service life of the material.
    (3) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
seams or between the interface of the cover edge and its foundation 
mountings.
    (4) Except as provided for in paragraph (b)(5) of this section, each 
opening in the floating membrane cover shall be equipped with a closure 
device designed to operate such that when the closure device is secured 
in the closed position there are no visible cracks, holes, gaps, or 
other open spaces in the closure device or between the perimeter of the 
cover opening and the closure device.
    (5) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening or a flexible fabric 
sleeve seal.
    (6) The closure devices shall be made of suitable materials that 
will minimize exposure of the regulated-material to the atmosphere, to 
the extent practical, and will maintain the integrity of the equipment 
throughout its intended service life. Factors to be considered when 
selecting the materials for and designing the cover and closure devices 
shall include: organic vapor permeability; the effects of any contact 
with the liquid and its vapor managed in the surface impoundment; the 
effects of outdoor exposure to wind,

[[Page 1071]]

moisture, and sunlight; and the operating practices used for the surface 
impoundment on which the floating membrane cover is installed.
    (c) Whenever a regulated-material is in the surface impoundment, the 
floating membrane cover shall float on the liquid and each closure 
device shall be secured in the closed position except as follows:
    (1) Opening of closure devices or removal of the cover is allowed at 
the following times:
    (i) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly replace the cover and secure the closure device 
in the closed position, as applicable.
    (ii) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the pressure in the vapor headspace underneath the cover in 
accordance with the cover design specifications. The device shall be 
designed to operate with no detectable organic emissions as defined in 
Sec. 63.941 of this subpart when the device is secured in the closed 
position. The settings at which the device opens shall be established 
such that the device remains in the closed position whenever the cover 
vapor headspace pressure is within the pressure operating range 
determined by the owner or operator based on the cover manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, ignitible, explosive, reactive, or 
hazardous materials.
    (3) Opening of a safety device, as defined in Sec. 63.941 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the floating membrane cover 
in accordance with the procedures specified in Sec. 63.946(a) of this 
subpart.



Sec. 63.943  Standards--Surface impoundment vented to control device.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from a surface impoundment using a 
cover and venting the vapor headspace underneath the cover through a 
closed-vent system to a control device.
    (b) The surface impoundment shall be covered by a cover and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (1) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the liquid in the 
surface impoundment.
    (2) Each opening in the cover not vented to the control device shall 
be equipped with a closure device. If the pressure in the vapor 
headspace underneath the cover is less than atmospheric pressure when 
the control device is operating, the closure devices shall be designed 
to operate such that when the closure device is secured in the closed 
position there are no visible cracks, holes, gaps, or other open spaces 
in the closure device or between the perimeter of the cover opening and 
the closure device. If the pressure in the vapor headspace underneath 
the cover is equal to or greater than atmospheric pressure when the 
control device is operating, the closure device shall be designed to 
operate with no detectable organic emissions using the procedure 
specified in Sec. 63.945(a) of this subpart.
    (3) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and 
closure devices shall include: organic vapor permeability; the effects

[[Page 1072]]

of any contact with the liquid or its vapors managed in the surface 
impoundment; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the surface impoundment 
on which the cover is installed.
    (4) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the surface impoundment, the 
cover shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the cover vented to the 
control device except as follows:
    (1) Venting to the control device is not required, and opening of 
closure devices or removal of the cover is allowed at the following 
times:
    (i) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the surface impoundment, 
or when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable, to the surface impoundment.
    (ii) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (2) Opening of a safety device, as defined in Sec. 63.941 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the procedures specified in 
Sec. 63.946(b) of this subpart.
Sec. 63.944  [Reserved]



Sec. 63.945  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the surface impoundment 
contains a material having an organic HAP concentration representative 
of the range of concentrations for the regulated-materials expected to 
be managed in the surface impoundment. During the test, the cover and 
closure devices shall be secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the regulated-
material placed in the surface impoundment, not for each individual 
organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than 10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures

[[Page 1073]]

in Method 21 of 40 CFR part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 500 ppmv. If the difference is less than 
500 ppmv, then the potential leak interface is determined to operate 
with no detectable organic emissions.
    (b) [Reserved]



Sec. 63.946  Inspection and monitoring requirements.

    (a) Owners and operators that use a surface impoundment equipped 
with a floating membrane cover in accordance with the provisions of 
Sec. 63.942 of this subpart shall meet the following requirements:
    (1) The floating membrane cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the cover section seams or between the 
interface of the cover edge and its foundation mountings; broken, 
cracked, or otherwise damaged seals or gaskets on closure devices; and 
broken or missing hatches, access covers, caps, or other closure 
devices.
    (2) The owner or operator shall perform the inspections following 
installation of the floating membrane cover and, thereafter, at least 
once every year.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.947(a)(2) of 
this subpart.
    (b) Owners and operators that use a surface impoundment equipped 
with a cover and vented through a closed-vent system to a control device 
in accordance with the provisions of Sec. 63.943 of this subpart shall 
inspect the air emission control equipment as follows:
    (1) The owner or operator shall visually inspect the cover in 
accordance with the following requirements:
    (i) The cover and its closure devices shall be visually inspected by 
the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the roof sections or between the interface of the roof 
edge and its foundation mountings; broken, cracked, or otherwise damaged 
seals or gaskets on closure devices; and broken or missing hatches, 
access covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the cover and, thereafter, at least once every year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.947(a)(2) of 
this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec. 63.693 in 40 CFR part 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutant Standards from Off-Site Waste and 
Recovery Operations.
    (c) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45

[[Page 1074]]

calendar days after detection except as provided in paragraph (c)(2) of 
this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the surface impoundment and no 
alternative surface impoundment or tank capacity is available at the 
site to accept the regulated-material normally managed in the surface 
impoundment. In this case, the owner or operator shall repair the defect 
at the next time the process or unit that is generating the regulated-
material managed in the surface impoundment stops operation. Repair of 
the defect shall be completed before the process or unit resumes 
operation.
    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 63.947 of 
this subpart.



Sec. 63.947  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain the following 
records:
    (1) Documentation describing the floating membrane cover or cover 
design, as applicable to the surface impoundment.
    (2) A record for each inspection required by Sec. 63.946 of this 
subpart that includes the following information: a surface impoundment 
identification number (or other unique identification description as 
selected by the owner or operator) and the date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.946 of this subpart the following 
information: the location of the defect, a description of the defect, 
the date of detection, and corrective action taken to repair the defect. 
In the event that repair of the defect is delayed in accordance with the 
provisions of Sec. 63.946(c)(2) of this section, the owner or operator 
shall also record the reason for the delay and the date that completion 
of repair of the defect is expected.
    (b) Owners and operators that use a surface impoundment equipped 
with a fixed-roof and vented through a closed-vent system to a control 
device in accordance with the provisions of Sec. 63.943 of this subpart 
shall prepare and maintain the records required for the closed-vent 
system and control device in accordance with the requirements of 
Sec. 63.693 in 40 CFR part 63, subpart DD--National Emission Standards 
for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery 
Operations.



Sec. 63.948  Reporting requirements.

    Owners and operators that use a surface impoundment equipped with a 
fixed-roof and vented through a closed-vent system to a control device 
in accordance with the provisions of Sec. 63.943 of this subpart shall 
prepare and submit to the Administrator the reports required for closed-
vent systems and control devices in accordance with the requirements of 
Sec. 63.693 in 40 CFR part 63, subpart DD--National Emission Standards 
for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery 
Operations.



  Subpart RR--National Emission Standards for Individual Drain Systems

    Source: 61 FR 34193, July 1, 1996, unless otherwise noted.



Sec. 63.960  Applicability.

    (a) The provisions of this subpart apply to the control of air 
emissions from individual drain systems for which another subpart of 40 
CFR parts 60, 61, or 63 references the use of this subpart for such air 
emission control. These air emission standards for individual drain 
systems are placed here for administrative convenience and only apply to 
those owners and operators of facilities subject to the other subparts 
that reference this subpart. The provisions of 40 CFR part 63, subpart 
A--General Provisions do not apply to this subpart except as noted in 
the subpart that references this subpart.
    (b) [Reserved]



Sec. 63.961  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the

[[Page 1075]]

Act and in this section. If a term is defined in both this section and 
in another subpart that references the use of this subpart, then the 
definition in this subpart shall take precedence when implementing this 
subpart.
    Closure device means a cap, cover, hatch, lid, plug, seal, valve, or 
other type of fitting that, when the device is secured in the closed 
position, prevents or reduces air emissions to the atmosphere by 
blocking an opening to the individual drain system. Closure devices 
include devices that are detachable (e.g., a plug or manhole cover), 
manually operated (e.g., a hinged access lid or hatch), or automatically 
operated (e.g., a spring-loaded pressure relief valve).
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards (e.g., ANSI B31-3) and 
good engineering practices.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes hard-piping, all drains and 
junction boxes, together with their associated sewer lines and other 
junction boxes (e.g., manholes, sumps, and lift stations) conveying 
wastewater streams or residuals. For the purpose of this subpart, an 
individual drain system is not a drain and collection system that is 
designed and operated for the sole purpose of collecting rainfall runoff 
(e.g., stormwater sewer system) and is segregated from all other 
individual drain systems.
    Junction box means a sump, manhole, or access point to a sewer line 
or a lift station.
    Sewer line means a lateral, trunk line, branch line, or other 
conduit used to convey wastewater to a downstream waste management unit. 
Sewer lines include pipes, grates, and trenches.
    Waste management unit means the equipment, structure, or device used 
to convey, store, treat, or dispose of wastewater streams or residuals. 
Examples of waste management units include: wastewater tanks, surface 
impoundments, individual drain systems, and biological wastewater 
treatment units. Examples of equipment that may be waste management 
units include containers, air flotation units, oil-water separators or 
organic-water separators, or organic removal devices such as decanters, 
strippers, or thin-film evaporation units.
    Water seal means a seal pot, p-leg trap, or other type of trap 
filled with water (e.g., flooded sewers that maintain liquid levels 
adequate to prevent air flow through the system) that creates a liquid 
barrier between the sewer line and the atmosphere. The liquid level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.



Sec. 63.962  Standards.

    (a) The owner or operator subject to this subpart shall control air 
emissions from the individual drain system using one or a combination of 
the following:
    (1) Covers, water seals, and other air emission control equipment as 
specified in paragraph (b) of this section.
    (2) Hard-piping.
    (3) Venting of the individual drain system through a closed vent 
system to a control device in accordance with the following 
requirements:
    (i) The individual drain system is designed and operated such that 
an internal pressure in the vapor headspace in the system is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed vent system and control device are designed and 
operated in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutant Standards from Off-Site Waste and Recovery Operations.
    (b) Owners and operators controlling air emissions from an 
individual drain system in accordance with paragraph (a)(1) of this 
section shall meet the following requirements:
    (1) The individual drain system shall be designed to segregate the 
organic vapors from wastewater managed in the controlled individual 
drain system from entering any other individual drain system that is not 
controlled for air emissions in accordance with the standards specified 
in this subpart.
    (2) Drain control requirements. Each drain shall be equipped with 
either a

[[Page 1076]]

water seal or a closure device in accordance with the following 
requirements:
    (i) When a water seal is used, the water seal shall be designed such 
that either:
    (A) The outlet to the pipe discharging the wastewater extends below 
the liquid surface in the water seal of the drain; or
    (B) A flexible shield or other device is installed which restricts 
wind motion across the open space between the outlet of the pipe 
discharging the wastewater and the drain.
    (ii) When a closure device is used (e.g., securing a cap or plug on 
a drain that is not receiving wastewater), the closure device shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the drain 
opening and the closure device.
    (3) Junction box control requirements. Each junction box shall be 
equipped with controls as follows:
    (i) The junction box shall be equipped with a closure device (e.g., 
manhole cover, access hatch) that is designed to operate such that when 
the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the junction box opening and the closure 
device.
    (ii) If the junction box is vented, the junction box shall be vented 
in accordance with the following requirements:
    (A) The junction box shall be vented through a closed vent system to 
a control device except as provided for in paragraph (b)(3)(ii)(B) of 
this section. The closed vent system and control device shall be 
designed and operated in accordance in accordance with the standards 
specified in Sec. 63.693 in 40 CFR part 63, subpart DD--National 
Emission Standards for Hazardous Air Pollutant Standards from Off-Site 
Waste and Recovery Operations.
    (B) As an alternative to paragraph (b)(3)(ii)(A) of this section, 
the owner or operator may vent the junction box directly to the 
atmosphere when all of the following conditions are met:
    (1) The junction box is filled and emptied by gravity flow (i.e., 
there is no pump) or is operated with no more than slight fluctuations 
in the liquid level. Large changes in the size of the junction box vapor 
headspace created by using a pump to repeatedly empty and then refill 
the junction box do not meet this condition.
    (2) The vent pipe installed on the junction box shall be at least 90 
centimeters in length and no greater than 10.2 centimeter in diameter.
    (3) Water seals are installed at the liquid entrance(s) to or exit 
from the junction box to restrict ventilation in the individual drain 
system and between components in the individual drain system. The owner 
or operator shall demonstrate (e.g., by visual inspection or smoke test) 
upon request by the Administrator that the junction box water seal is 
properly designed and restricts ventilation.
    (4) Sewer line control requirements. Each sewer line shall not be 
open to the atmosphere and shall be covered or closed in a manner such 
that there are no visible cracks, holes, gaps, or other open spaces in 
the sewer line joints, seals, or other emission interfaces.
    (5) Operating requirements. The owner or operator shall operate the 
air emission controls required by paragraphs (b)(2) through (b)(4) of 
this section in accordance with the following requirements:
    (i) Each closure device shall be maintained in a closed position 
whenever wastewater is in the individual drain system except when it is 
necessary to remove or open the closure device for sampling or removing 
material in the individual drain system, or for equipment inspection, 
maintenance, or repair.
    (ii) Each drain equipped with a water seal and open to the 
atmosphere shall be operated to ensure that the liquid in the water seal 
is maintained at the appropriate level. Examples of acceptable means for 
complying with this provision include but are not limited to using a 
flow-monitoring device indicating positive flow from a main to a branch 
water line supplying a trap; continuously dripping water into the trap 
using a hose; or regular visual observations.

[[Page 1077]]

    (iii) Each closed-vent system and the control device used to comply 
with paragraph (b)(3)(ii)(A) of this section shall be operated in 
accordance with the standards specified in 40 CFR 63.693.
Sec. 63.963  [Reserved]



Sec. 63.964  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect the individual drain system 
in accordance with the following requirements:
    (1) The individual drain system shall be visually inspected by the 
owner or operator as follows to check for defects that could result in 
air emissions to the atmosphere.
    (i) The owner or operator shall visually inspect each drain as 
follows:
    (A) In the case when the drain is using a water seal to control air 
emissions, the owner or operator shall verify appropriate liquid levels 
are being maintained and identify any other defects that could reduce 
water seal control effectiveness.
    (B) In the case when the drain is using a closure device to control 
air emissions, the owner or operator shall visually inspect each drain 
to verify that the closure device is in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing plugs, caps, or other 
closure devices.
    (ii) The owner or operator shall visually inspect each junction box 
to verify that closure devices are in place and there are no defects. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in the closure devices; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (iii) The owner or operator shall visually inspect the unburied 
portion of each sewer line to verify that all closure devices are in 
place and there are no defects. Defects include, but are not limited to, 
visible cracks, holes, gaps, or other open spaces in the sewer line 
joints, seals, or other emission interfaces.
    (iv) The owner or operator shall perform the inspections initially 
at the time of installation of the water seals and closure devices for 
the individual drain system and, thereafter, at least once every year.
    (v) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b) of this section.
    (vi) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.965(a) of this 
subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations.
    (b) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 15 calendar days after 
detection except as provided in paragraph (b)(2) of this section.
    (2) Repair of a defect may be delayed beyond 15 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the individual drain system and no 
alternative capacity is available at the facility site to accept the 
wastewater normally managed in the individual drain system. In this 
case, the owner or operator shall repair the defect at the next time the 
process or unit that is generating the wastewater managed in the 
individual drain system stops operation. Repair of the defect shall be 
completed before the process or unit resumes operation.
    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in 
Sec. 63.965(a)(3) of this subpart.



Sec. 63.965  Recordkeeping requirements.

    (a) Each owner or operator complying with Sec. 63.962(a)(1) of this 
subpart

[[Page 1078]]

shall prepare and maintain the following records:
    (1) A written site-specific individual drain system inspection plan 
that includes a drawing or schematic of the individual drain system and 
identifies each drain, junction box, and sewer line location.
    (2) A record of the date that each inspection required by 
Sec. 63.964(a) of this subpart is performed.
    (3) When applicable, a record for each defect detected during 
inspections required by Sec. 63.964(a) of this subpart that includes the 
following information: the location of the defect, a description of the 
defect, the date of detection, the corrective action taken to repair the 
defect, and the date that the corrective action was completed. In the 
event that repair of the defect is delayed in accordance with the 
provisions of Sec. 63.964(b)(2) of this section, the owner or operator 
shall also record the reason for the delay and the date that completion 
of repair of the defect is expected.
    (b) Owners and operators that use a closed-vent system and a control 
device in accordance with the provisions of Sec. 63.962(a)(3) or 
Sec. 63.692(b)(3)(ii)(A) of this subpart shall prepare and maintain the 
records required for the closed-vent system and control device in 
accordance with the requirements of Sec. 63.693 in 40 CFR part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations.



Sec. 63.966  Reporting requirements.

    Owners and operators that use a closed-vent system and a control 
device in accordance with the provisions of Sec. 63.962(a)(3) or 
Sec. 63.962(b)(3)(ii)(A) of this subpart shall prepare and submit to the 
Administrator the reports required for closed-vent systems and control 
devices in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.



                       Subparts SS-UU  [Reserved]



  Subpart VV--National Emission Standards for Oil-Water Separators and 
                        Organic-Water Separators



Sec. 63.1040  Applicability.

    The provisions of this subpart apply to the control of air emissions 
from oil-water separators and organic-water separators for which another 
subpart of 40 CFR parts 60, 61, or 63 references the use of this subpart 
for such air emission control. These air emission standards for oil-
water separators and organic-water separators are placed here for 
administrative convenience and only apply to those owners and operators 
of facilities subject to the other subparts that reference this subpart. 
The provisions of 40 CFR part 63, subpart A--General Provisions do not 
apply to this subpart except as noted in the subpart that references 
this subpart.



Sec. 63.1041  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in the Act and in this section. If a term is defined in both this 
section and in another subpart that references the use of this subpart, 
then the definition in this subpart shall take precedence when 
implementing this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that, when the device is secured in the closed position, 
prevents or reduces air emissions to the atmosphere by blocking an 
opening in a fixed roof or floating roof. Closure devices include 
devices that are detachable from the cover (e.g., a sampling port cap), 
manually operated (e.g., a hinged access lid or hatch), or automatically 
operated (e.g., a spring-loaded pressure relief valve).
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a separator. A continuous seal may be

[[Page 1079]]

constructed of fastened segments so as to form a continuous seal.
    Fixed roof means a cover that is mounted on a separator in a 
stationary position and does not move with fluctuations in the level of 
the liquid managed in the separator.
    Floating roof means a pontoon-type or double-deck type cover that 
rests upon and is supported by the liquid managed in a separator.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal 
that is mounted between the wall of the separator and the floating roof, 
and the seal is in contact with the liquid in a separator.
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the separator 
by springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 
Sec. 63.1046(a) of this subpart.
    Regulated-material means the material (e.g. waste, wastewater, off-
site material) required to be managed in separators using air emission 
controls in accordance with the standards specified in this subpart.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to the separator air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine venting 
of gases or vapors from the vapor headspace underneath the separator 
cover. A safety device is designed to remain in a closed position during 
normal operations and open only when the internal pressure, or another 
relevant parameter, exceeds the device threshold setting applicable to 
the air emission control equipment as determined by the owner or 
operator based on manufacturer recommendations, applicable regulations, 
fire protection and prevention codes, standard engineering codes and 
practices, or other requirements for the safe handling of flammable, 
ignitable, explosive, reactive, or hazardous materials.
    Separator means a waste management unit, generally a tank, that is 
used to separate oil or organics from water. A separator consists of not 
only the separation unit but also the forebay and other separator 
basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens 
that are located directly after the individual drain system and prior to 
any additional treatment units such as an air flotation unit clarifier 
or biological treatment unit. Examples of a separator include an API 
separator, parallel-plate interceptor, and corrugated-plate interceptor 
with the associated ancillary equipment.



Sec. 63.1042  Standards--Separator fixed roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from an oil-water separator or 
organic-water separator using a fixed roof.
    (b) The separator shall be equipped with a fixed roof designed to 
meet the following specifications:
    (1) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
separator.
    (2) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the 
separator wall.
    (3) Each opening in the fixed roof shall be equipped with a closure 
device designed to operate such that when the closure device is secured 
in the closed position there are no visible cracks, holes, gaps, or 
other open spaces in the

[[Page 1080]]

closure device or between the perimeter of the opening and the closure 
device.
    (4) The fixed roof and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the fixed roof 
and closure devices shall include: organic vapor permeability; the 
effects of any contact with the liquid and its vapors managed in the 
separator; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the separator on which 
the fixed roof is installed.
    (c) Whenever a regulated-material is in the separator, the fixed 
roof shall be installed with each closure device secured in the closed 
position except as follows:
    (1) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the separator, or 
when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable, to the separator.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the pressure in vapor headspace underneath the fixed roof in 
accordance with the separator design specifications. The device shall be 
designed to operate with no detectable organic emissions, as determined 
using the procedure specified in Sec. 63.1046(a) of this subpart, when 
the device is secured in the closed position. The settings at which the 
device opens shall be established such that the device remains in the 
closed position whenever the pressure in the vapor headspace underneath 
the fixed roof is within the pressure operating range determined by the 
owner or operator based on the cover manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, ignitable, explosive, reactive, or hazardous 
materials.
    (3) Opening of a safety device, as defined in Sec. 63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the fixed roof and any 
closure devices in accordance with the requirements specified in 
Sec. 63.1047(a) of this subpart.



Sec. 63.1043  Standards--Separator floating roof.

    (a) This section applies to owners and operators subject to this 
subpart and controlling air emissions from an oil-water separator or 
organic-water separator using a floating roof.
    (b) The separator shall be equipped with a floating roof designed to 
meet the following specifications:
    (1) The floating roof shall be designed to float on the liquid 
surface during normal operations.
    (2) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the separator and the roof 
edge. The lower seal is referred to as the primary seal, and the upper 
seal is referred to as the secondary seal.
    (i) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec. 63.1041 of this subpart. The total area of 
the gaps between the separator wall and the primary seal shall not 
exceed 67 square centimeters (cm2) per meter of separator wall 
perimeter, and the width of any portion of these gaps shall not exceed 
3.8 centimeters (cm).
    (ii) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the

[[Page 1081]]

floating roof and the wall of the separator. The total area of the gaps 
between the separator wall and the secondary seal shall not exceed 6.7 
square centimeters (cm2) per meter of separator wall perimeter, and 
the width of any portion of these gaps shall not exceed 1.3 centimeters 
(cm).
    (3) Except as provided for in paragraph (b)(4) of this section, each 
opening in the floating roof shall be equipped with a closure device 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device.
    (4) The floating roof may be equipped with one or more emergency 
roof drains for removal of stormwater. Each emergency roof drain shall 
be equipped with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening or a flexible fabric sleeve seal.
    (c) Whenever a regulated-material is in the separator, the floating 
roof shall float on the liquid (i.e., off the roof supports) and each 
closure device shall be secured in the closed position except as 
follows:
    (1) Opening of closure devices is allowed at the following times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the separator, or 
when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a safety device, as defined in Sec. 63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect the floating roof in 
accordance with the procedures specified in Sec. 63.1047(b) of this 
subpart.



Sec. 63.1044  Standards--Separator vented to control device.

    (a) This section applies to owners and operators controlling air 
emissions from an oil-water or organic-water separator using a fixed 
roof and venting the vapor headspace underneath the fixed roof through a 
closed-vent system to a control device.
    (b) The separator shall be covered by a fixed roof and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (1) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
separator.
    (2) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions, as 
determined using the procedure specified in Sec. 63.1046(a) of this 
subpart.
    (3) The fixed roof and its closure devices shall be made of suitable 
materials that will minimize exposure of the regulated-material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the fixed roof 
and closure devices shall include: organic vapor permeability; the 
effects of any contact with the liquid or its vapors managed in the 
separator; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the separator on which 
the fixed roof is installed.

[[Page 1082]]

    (4) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 63.693 in 40 CFR 
part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.
    (c) Whenever a regulated-material is in the separator, the fixed 
roof shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to the 
control device except as follows:
    (1) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the following 
times:
    (i) To provide access to the separator for performing routine 
inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the separator, or when a 
worker needs to open a hatch to maintain or repair equipment. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable, to the separator.
    (ii) To remove accumulated sludge or other residues from the bottom 
of separator.
    (2) Opening of a safety device, as defined in Sec. 63.1041 of this 
subpart, is allowed at any time conditions require it to do so to avoid 
an unsafe condition.
    (d) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the procedures specified in 
Sec. 63.1047(c) of this subpart.
Sec. 63.1045  [Reserved]



Sec. 63.1046  Test methods and procedures.

    (a) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the separator contains a 
material having an organic HAP concentration representative of the range 
of concentrations for the regulated-materials expected to be managed in 
the separator. During the test, the cover and closure devices shall be 
secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the regulated-
material placed in the separator, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane in air at a concentration of 
approximately, but less than, 10,000 ppmv.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument

[[Page 1083]]

probe inlet shall be placed at approximately the center of the exhaust 
area to the atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 500 ppmv. If the difference is less than 
500 ppmv, then the potential leak interface is determined to operate 
with no detectable organic emissions.
    (b) Procedure for performing floating roof seal gap measurements for 
the purpose of complying with this subpart.
    (1) The owner or operator shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually.
    (2) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (3) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where a 0.32-centimeter (cm) diameter 
uniform probe passes freely (without forcing or binding against the 
seal) between the seal and the wall of the separator and measure the 
circumferential distance of each such location.
    (4) For a seal gap measured under paragraph (b)(2) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the separator wall 
to the seal and multiplying each such width by its respective 
circumferential distance.
    (5) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal perimeter of the separator basin. These total 
gap areas for the primary seal and secondary seal then are compared to 
the respective standards for the seal type as specified in 
Sec. 63.1043(b)(2) of this subpart.



Sec. 63.1047  Inspection and monitoring requirements.

    (a) Owners and operators that use a separator equipped with a fixed 
roof in accordance with the provisions of Sec. 63.1042 of this subpart 
shall meet the following requirements:
    (1) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions to the atmosphere. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the roof sections or 
between the roof and the separator wall; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (2) The owner or operator shall perform the inspections following 
installation of the fixed roof and, thereafter, at least once every 
year.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d) of this section.
    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.1048(a)(2) of 
this subpart.
    (b) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec. 63.1043 of this 
subpart shall meet the following requirements:
    (1) The owner or operator shall measure the floating roof seal gaps 
using the procedure specified in Sec. 63.1046(b) of this subpart in 
accordance with the following requirements:
    (i) The owner or operator shall perform measurements of gaps between 
the separator wall and the primary seal within 60 days after initial 
operation of the separator following installation of the floating roof 
and, thereafter, at least once every 5 years.
    (ii) The owner or operator shall perform measurements of gaps 
between the separator wall and the secondary seal within 60 days after 
initial operation of the separator following installation of the 
floating roof and, thereafter, at least once every year.
    (iii) If a separator ceases to hold regulated-material for a period 
of 1 year or more, subsequent introduction of regulated-material into 
the separator shall be considered an initial operation

[[Page 1084]]

for the purpose of complying with paragraphs (b)(1)(i) and (b)(1)(ii) of 
this section.
    (iv) In the event that the seal gap measurements do not conform to 
the specifications in Sec. 63.1043(b)(2) of this subpart, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (d) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.1048 (a)(2) and 
(b) of this subpart.
    (2) The owner or operator shall visually inspect the floating roof 
in accordance with the following requirements:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions to the atmosphere. Defects include, but are not 
limited to: holes, tears, or other openings in the rim seal or seal 
fabric of the floating roof; a rim seal detached from the floating roof; 
all or a portion of the floating roof deck being submerged below the 
surface of the liquid in the separator; broken, cracked, or otherwise 
damaged seals or gaskets on closure devices; and broken or missing 
hatches, access covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the floating roof and, thereafter, at least once every 
year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.1048(a)(2) of 
this subpart.
    (c) Owners and operators that use a separator equipped with a fixed 
roof and vented through a closed-vent system to a control device in 
accordance with the provisions of Sec. 63.1044 of this subpart shall 
inspect the air emission control equipment as follows:
    (1) The owner or operator shall visually inspect the fixed roof in 
accordance with the following requirements:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the separator wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The owner or operator shall perform the inspections following 
installation of the fixed roof and, thereafter, at least once every 
year.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 63.1048(a)(2) of 
this subpart.
    (2) The owner or operator shall inspect and monitor the closed-vent 
system and the control device in accordance with the requirements 
specified in Sec. 63.693 in 40 CFR 63 subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations.
    (d) The owner or operator shall repair all detected defects as 
follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (d)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the separator and no alternative 
treatment capacity is available at the facility site to accept the 
regulated-material normally treated in the separator. In this case, the 
owner or operator shall repair the defect at the next time the process 
or unit that is generating the regulated-material managed in the 
separator stops operation. Repair of the defect shall be completed 
before the process or unit resumes operation.

[[Page 1085]]

    (3) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in 
Sec. 63.1048(a)(3) of this subpart.



Sec. 63.1048  Recordkeeping requirements.

    (a) Each owner or operator shall prepare and maintain the following 
records:
    (1) Documentation describing the design of each floating roof and 
fixed roof installed on a separator, as applicable to the separator. 
When a floating roof is used, the documentation shall include the 
dimensions of the separator bay or section in which the floating roof is 
installed.
    (2) A record for each inspection required by Sec. 63.1047 of this 
subpart that includes the following information: a separator 
identification number (or other unique identification description as 
selected by the owner or operator) and the date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec. 63.1047 of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec. 63.1047(d)(2) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (b) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec. 63.1043 of this 
subpart shall prepare and maintain records for each inspection required 
by Sec. 63.1047(b)(1) describing the results of the seal gap 
measurements. The records shall include the date of the measurements 
performed, the raw data obtained for the measurements, and the 
calculations of the total gap surface area. In the event that the seal 
gap measurements do not conform to the specifications in 
Sec. 63.1043(b)(2) of this subpart, the records shall include a 
description of the repairs that were made, the date the repairs were 
made, and the date the separator was emptied, if necessary.
    (c) Owners and operators that use a separator equipped with a fixed-
roof and vented through a closed-vent system to a control device in 
accordance with the provisions of Sec. 63.1044 of this subpart shall 
prepare and maintain the records required for the closed-vent system and 
control device in accordance with the requirements of Sec. 63.693 in 40 
CFR 63 subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.



Sec. 63.1049  Reporting requirements.

    (a) Owners and operators that use a separator equipped with a 
floating roof in accordance with the provisions of Sec. 63.1043 of this 
subpart shall notify the Administrator at least 30 calendar days prior 
to each seal gap measurement inspection performed to comply with the 
requirements in Sec. 63.1047(b)(1) of this subpart.
    (b) Owners and operators that use a separator equipped with a fixed-
roof and vented through a closed-vent system to a control device in 
accordance with the provisions of Sec. 63.1044 of this subpart shall 
prepare and submit to the Administrator the reports required for closed-
vent systems and control devices in accordance with the requirements of 
Sec. 63.693 in 40 CFR 63 subpart DD--National Emission Standards for 
Hazardous Air Pollutants from Off-Site Waste and Recovery Operations.

                   Appendix A to Part 63--Test Methods

   Method 301--Field Validation of Pollutant Measurement Methods from 
                           Various Waste Media

                     1. Applicability and principle

    1.1  Applicability. This method, as specified in the applicable 
subpart, is to be used whenever a source owner or operator (hereafter 
referred to as an ``analyst'') proposes a test method to meet a U.S. 
Environmental Protection Agency (EPA) requirement in the absence of a 
validated method. This Method includes procedures for determining and 
documenting the quality, i.e., systematic error (bias) and random error 
(precision), of the measured concentrations from an effected source. 
This method is applicable to various waste media (i.e., exhaust gas, 
wastewater, sludge, etc.).
    1.1.1  If EPA currently recognizes an appropriate test method or 
considers the analyst's test method to be satisfactory for a particular 
source, the Administrator may

[[Page 1086]]

waive the use of this protocol or may specify a less rigorous validation 
procedure. A list of validated methods may be obtained by contacting the 
Emission Measurement Technical Information Center (EMTIC), Mail Drop 19, 
U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, 
(919) 541-0200. Procedures for obtaining a waiver are in Section 12.0.
    1.1.2  This method includes optional procedures that may be used to 
expand the applicability of the proposed method. Section 7.0 involves 
ruggedness testing (Laboratory Evaluation), which demonstrates the 
sensitivity of the method to various parameters. Section 8.0 involves a 
procedure for including sample stability in bias and precision for 
assessing sample recovery and analysis times; Section 9.0 involves a 
procedure for the determination of the practical limit of quantitation 
for determining the lower limit of the method. These optional procedures 
are required for the waiver consideration outlined in Section 12.0.
    1.2  Principle. The purpose of these procedures is to determine bias 
and precision of a test method at the level of the applicable standard. 
The procedures involve (a) introducing known concentrations of an 
analyte or comparing the test method against a validated test method to 
determine the method's bias and (b) collecting multiple or collocated 
simultaneous samples to determine the method's precision.
    1.2.1  Bias. Bias is established by comparing the method's results 
against a reference value and may be eliminated by employing a 
correction factor established from the data obtained during the 
validation test. An offset bias may be handled accordingly. Methods that 
have bias correction factors outside 0.7 to 1.3 are unacceptable. 
Validated method to proposed method comparisons, section 6.2, requires a 
more restrictive test of central tendency and a lower correction factor 
allowance of 0.90 to 1.10.
    1.2.2  Precision. At the minimum, paired sampling systems shall be 
used to establish precision. The precision of the method at the level of 
the standard shall not be greater than 50 percent relative standard 
deviation. For a validated method to proposed method equivalency 
comparisons, section 6.2, the analyst must demonstrate that the 
precision of the proposed test method is as precise as the validated 
method for acceptance.

                             2. Definitions

    2.1  Negative bias. Bias resulting when the measured result is less 
than the ``true'' value.
    2.2  Paired sampling system. A sampling system capable of obtaining 
two replicate samples that were collected as closely as possible in 
sampling time and sampling location.
    2.3  Positive bias.  Bias resulting when the measured result is 
greater than the ``true'' value.
    2.4  Proposed method. The sampling and analytical methodology 
selected for field validation using the method described herein.
    2.5  Quadruplet sampling system.  A sampling system capable of 
obtaining four replicate samples that were collected as closely as 
possible in sampling time and sampling location.
    2.6  Surrogate compound. A compound that serves as a model for the 
types of compounds being analyzed (i.e., similar chemical structure, 
properties, behavior). The model can be distinguished by the method from 
the compounds being analyzed.

                          3. Reference Material

    The reference materials shall be obtained or prepared at the level 
of the standard. Additional runs with higher and lower reference 
material concentrations may be made to expand the applicable range of 
the method, in accordance with the ruggedness test procedures.
    3.1  Exhaust Gas Tests. The analyst shall obtain a known 
concentration of the reference material (i.e., analyte of concern) from 
an independent source such as a specialty gas manufacturer, specialty 
chemical company, or commercial laboratory. A list of vendors may be 
obtained from EMTIC (see Section 1.1.1). The analyst should obtain the 
manufacturer's stability data of the analyte concentration and 
recommendations for recertification.
    3.2  Other Waste Media Tests. The analyst shall obtain pure liquid 
components of the reference materials (i.e., analytes of concern) from 
an independent manufacturer and dilute them in the same type matrix as 
the source waste. The pure reference materials shall be certified by the 
manufacturer as to purity and shelf life. The accuracy of all diluted 
reference material concentrations shall be verified by comparing their 
response to independently-prepared materials (independently prepared in 
this case means prepared from pure components by a different analyst).
    3.3  Surrogate Reference Materials. The analyst may use surrogate 
compounds, e.g., for highly toxic or reactive organic compounds, 
provided the analyst can demonstrate to the Administrator's satisfaction 
that the surrogate compound behaves as the analyte. A surrogate may be 
an isotope or one that contains a unique element (e.g., chlorine) that 
is not present in the source or a derivation of the toxic or reactive 
compound, if the derivative formation is part of the method's procedure. 
Laboratory experiments or literature data may be used to show behavioral 
acceptability.
    3.4  Isotopically Labeled Materials. Isotope mixtures may contain 
the isotope and the

[[Page 1087]]

natural analyte. For best results, the isotope labeled analyte 
concentration should be more than five times the natural concentration 
of the analyte.

                    4. EPA Performance Audit Material

    4.1  To assess the method bias independently, the analyst shall use 
(in addition to the reference material) an EPA performance audit 
material, if it is available. The analyst may contact EMTIC (see section 
1.1.1) to receive a list of currently available EPA audit materials. If 
the analyte is listed, the analyst should request the audit material at 
least 30 days before the validation test. If an EPA audit material is 
not available, request documentation from the validation report 
reviewing authority that the audit material is currently not available 
from EPA. Include this documentation with the field validation report.
    4.2  The analyst shall sample and analyze the performance audit 
sample three times according to the instructions provided with the audit 
sample. The analyst shall submit the three results with the field 
validation report. Although no acceptance criteria are set for these 
performance audit results, the analyst and reviewing authority may use 
them to assess the relative error of sample recovery, sample 
preparation, and analytical procedures and then consider the relative 
error in evaluating the measured emissions.

    5. Procedure for Determination of Bias and Precision in the Field

    The analyst shall select one of the sampling approaches below to 
determine the bias and precision of the data. After analyzing the 
samples, the analyst shall calculate the bias and precision according to 
the procedure described in section 6.0. When sampling a stationary 
source, follow the probe placement procedures in section 5.4.
    5.1  Isotopic Spiking. This approach shall be used only for methods 
that require mass spectrometry (MS) analysis. Bias and precision are 
calculated by procedures described in section 6.1.
    5.1.1  Number of Samples and Sampling Runs. Collect a total of 12 
replicate samples by either obtaining six sets of paired samples or 
three sets of quadruplet samples.
    5.1.2  Spiking Procedure. Spike all 12 samples with the reference 
material at the level of the standard. Follow the appropriate spiking 
procedures listed below for the applicable waste medium.
    5.1.2.1  Exhaust Gas Testing. The spike shall be introduced as close 
to the tip of the sampling probe as possible.
    5.1.2.1.1  Gaseous Reference Material with Sorbent or Impinger 
Sampling Trains. Sample the reference material (in the laboratory or in 
the field) at a concentration which is close to the allowable 
concentration standard for the time required by the method, and then 
sample the gas stream for an equal amount of time. The time for sampling 
both the reference material and gas stream should be equal; however, the 
time should be adjusted to avoid sorbent breakthrough.
    5.1.2.1.2  Gaseous Reference Material with Sample Container (Bag or 
Canister). Spike the sample containers after completion of each test run 
with an amount equal to the allowable concentration standard of the 
emission point. The final concentration of the reference material shall 
approximate the level of the emission concentration in the stack. The 
volume amount of reference material shall be less than 10 percent of the 
sample volume.
    5.1.2.1.3  Liquid and Solid Reference Material with Sorbent or 
Impinger Trains. Spike the trains with an amount equal to the allowable 
concentration standard before sampling the stack gas. The spiking should 
be done in the field; however, it may be done in the laboratory.
    5.1.2.1.4  Liquid and Solid Reference Material with Sample Container 
(Bag or Canister). Spike the containers at the completion of each test 
run with an amount equal to the level of the emission standard.
    5.1.2.2  Other Waste Media. Spike the 12 replicate samples with the 
reference material either before or directly after sampling in the 
field.
    5.2  Comparison Against a Validated Test Method. Bias and precision 
are calculated using the procedures described in section 6.2. This 
approach shall be used when a validated method is available and an 
alternative method is being proposed.
    5.2.1  Number of Samples and Sampling Runs. Collect nine sets of 
replicate samples using a paired sampling system (a total of 18 samples) 
or four sets of replicate samples using a quadruplet sampling system (a 
total of 16 samples). In each sample set, the validated test method 
shall be used to collect and analyze half of the samples.
    5.2.2  Performance Audit Exception. Conduct the performance audit as 
required in section 4.0 for the validated test method. Conducting a 
performance audit on the test method being evaluated is recommended.
    5.3  Analyte Spiking. This approach shall be used when sections 5.1 
and 5.2 are not applicable. Bias and precision are calculated using the 
procedures described in Section 6.3.
    5.3.1  Number of Samples and Sampling Runs. Collect a total of 24 
samples using the quadruplet sampling system (a total of 6 sets of 
replicate samples).
    5.3.2  In each quadruplet set, spike half of the samples (two out of 
the four) with the reference material according to the applicable 
procedure in section 5.1.2.1 or 5.1.2.2.
    5.4  Probe Placement and Arrangement for Stationary Source Stack or 
Duct Sampling. The probes shall be placed in the same horizontal

[[Page 1088]]

plane. For paired sample probes the arrangement should be that the probe 
tip is 2.5 cm from the outside edge of the other with a pitot tube on 
the outside of each probe. Other paired arrangements for the pitot tube 
may be acceptable. For quadruplet sampling probes, the tips should be in 
a 6.0 cm  x  6.0 cm square area measured from the center line of the 
opening of the probe tip with a single pitot tube in the center or two 
pitot tubes with their location on either side of the probe tip 
configuration. An alternative arrangement should be proposed whenever 
the cross-sectional area of the probe tip configuration is approximately 
5 percent of the stack or duct cross-sectional area.

                             6. Calculations

    Data resulting from the procedures specified in section 5.0 shall be 
treated as follows to determine bias, correction factors, relative 
standard deviations, precision, and data acceptance.
    6.1  Isotopic Spiking. Analyze the data for isotopic spiking tests 
as outlined in sections 6.1.1 through 6.1.6.
    6.1.1  Calculate the numerical value of the bias using the results 
from the analysis of the isotopically spiked field samples and the 
calculated value of the isotopically labeled spike:

B=CS-Sm    Eq. 301=1

where:

B=Bias at the spike level.
Sm=Mean of the measured values of the isotopically spiked samples.
CS=Calculated value of the isotopically labeled spike.

    6.1.2  Calculate the standard deviation of the Si values as 
follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.048


Eq. 301-2

where:

S i=Measured value of the isotopically labeled analyte in the ith 
          field sample,
n=Number of isotopically spiked samples, 12.

    6.1.3.  Calculate the standard deviation of the mean (SDM) as 
follows:

[GRAPHIC] [TIFF OMITTED] TC01MY92.049


Eq. 301-3

    6.1.4 Test the bias for statistical significance by calculating the 
t-statistic,

[GRAPHIC] [TIFF OMITTED] TC01MY92.050


Eq. 301-4

and compare it with the critical value of the two-sided t-distribution 
at the 95-percent confidence level and n-1 degrees of freedom. This 
critical value is 2.201 for the eleven degrees of freedom when the 
procedure specified in section 5.1.2 is followed. If the calculated t-
value is greater than the critical value the bias is statistically 
significant and the analyst should proceed to evaluate the correction 
factor.
    6.1.5  Calculation of a Correction Factor. If the t-test does not 
show that the bias is statistically significant, use all analytical 
results without correction and proceed to the precision evaluation. If 
the method's bias is statistically significant, calculate the correction 
factor, CF, using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01MY92.051

Eq. 301-5

If the CF is outside the range of 0.70 to 1.30, the data and method are 
considered unacceptable. For correction factors within the range, 
multiply all analytical results by the CF to obtain the final values.
    6.1.6  Calculation of the Relative Standard Deviation (Precision). 
Calculate the relative standard deviation as follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.052

Eq. 301-6

where Sm is the measured mean of the isotopically labeled spiked 
samples.
    6.2  Comparison with Validated Method. Analyze the data for 
comparison with a validated method as outlined in sections 6.2.1 or 
6.2.2, as appropriate. Conduct these procedures in order to determine if 
a proposed

[[Page 1089]]

method produces results equivalent to a validated method. Make all 
necessary bias corrections for the validated method, as appropriate. If 
the proposed method fails either test, the method results are 
unacceptable, and conclude that the proposed method is not as precise or 
accurate as the validated method. For highly variable sources, 
additional precision checks may be necessary. The analyst should consult 
with the Administrator if a highly variable source is suspected.
    6.2.1  Paired Sampling Systems.
    6.2.1.1.  Precision. Determine the acceptance of the proposed 
method's variance with respect to the variability of the validated 
method results. If a significant difference is determined, the proposed 
method and the results are rejected. Proposed methods demonstrating F-
values equal to or less than the critical value have acceptable 
precision.
    6.2.1.2  Calculate the variance of the proposed method, 
Sp2, and the variance of the validated method, Sv2, 
using the following equation:

S(p or v)2=SD2    Eq. 301-7

where:

SDv=Standard deviation provided with the validated method,
SDp=Standard deviation of the proposed method calculated using 
          Equation 301-9a.

    6.2.1.3  The F-test. Determine if the variance of the proposed 
method is significantly different from that of the validated method by 
calculating the F-value using the following equation:

[GRAPHIC] [TIFF OMITTED] TC01MY92.053

Eq. 301-8

    Compare the experimental F value with the critical value of F. The 
critical value is 1.0 when the procedure specified in section 5.2.1 for 
paired trains is followed. If the calculated F is greater than the 
critical value, the difference in precision is significant and the data 
and proposed method are unacceptable.
    6.2.1.4  Bias Analysis. Test the bias for statistical significance 
by calculating the t-statistic and determine if the mean of the 
differences between the proposed method and the validated method is 
significant at the 80-percent confidence level. This procedure requires 
the standard deviation of the validated method, SDv, to be known. 
Employ the value furnished with the method. If the standard deviation of 
the validated method is not available, the paired replicate sampling 
procedure may not be used. Determine the mean of the paired sample 
differences, dm, and the standard deviation, SDd, of the 
differences, d1's, using Equation 301-2 where: di replaces 
Si, dm replaces Sm. Calculate the standard deviation of 
the proposed method, SDp, as follows:

SDp=SDd-SDv    Eq. 301-9a

(If SDv>SDd, let SD=SDd/1.414).

    Calculate the value of the t-statistic using the following equation:

    [GRAPHIC] [TIFF OMITTED] TC01MY92.054
    

Eq. 301-9

where n is the total number of paired samples. For the procedure in 
section 5.2.1, n equals nine. Compare the calculated t-statistic with 
the corresponding value from the table of the t-statistic. When nine 
runs are conducted, as specified in section 5.2.1, the critical value of 
the t-statistic is 1.397 for eight degrees of freedom. If the calculated 
t-value is greater than the critical value the bias is statistically 
significant and the analyst should proceed to evaluate the correction 
factor.
    6.2.1.5  Calculation of a Correction Factor. If the statistical test 
cited above does not show a significant bias with respect to the 
reference method, assume that the proposed method is unbiased and use 
all analytical results without correction. If the method's bias is 
statistically significant, calculate the correction factor, CF, as 
follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.055

Eq. 301-10

where Vm is the mean of the validated method's values.
    Multiply all analytical results by CF to obtain the final values. 
The method results, and the method, are unacceptable if the correction 
factor is outside the range of 0.9 to 1.10.
    6.2.2  Quadruplet Replicate Sampling Systems.
    6.2.2.1  Precision. Determine the acceptance of the proposed 
method's variance with respect to the variability of the validated 
method results. If a significant difference is

[[Page 1090]]

determined the proposed method and the results are rejected.
    6.2.2.2  Calculate the variance of the proposed method, 
Sp2, using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01MY92.056

Eq. 301-11

where the di's are the differences between the validated method 
values and the proposed method values.

    6.2.2.3  The F-test. Determine if the variance of the proposed 
method is more variable than that of the validated method by calculating 
the F-value using Equation 301-8. Compare the experimental F value with 
the critical value of F. The critical value is 1.0 when the procedure 
specified in section 5.2.2 for quadruplet trains is followed. The 
calculated F should be less than or equal to the critical value. If the 
difference in precision is significant the results and the proposed 
method are unacceptable.
    6.2.2.4  Bias Analysis. Test the bias for statistical significance 
at the 80 percent confidence level by calculating the t-statistic. 
Determine the bias (mean of the differences between the proposed method 
and the validated method, dm) and the standard deviation, SDd, 
of the differences. Calculate the standard deviation of the differences, 
SDd, using Equation 301-2 and substituting di for Si. The 
following equation is used to calculate di:
[GRAPHIC] [TIFF OMITTED] TC01MY92.057

Eq. 301-12

and: V1i=First measured value of the validated method in the ith 
          test sample.
P1i=First measured value of the proposed method in the ith test 
          sample.

    Calculate the t-statistic using Equation 301-9 where n is the total 
number of test sample differences (di). For the procedure in 
section 5.2.2, n equals four. Compare the calculated t-statistic with 
the corresponding value from the table of the t-statistic and determine 
if the mean is significant at the 80-percent confidence level. When four 
runs are conducted, as specified in section 5.2.2, the critical value of 
the t-statistic is 1.638 for three degrees of freedom. If the calculated 
t-value is greater than the critical value the bias is statistically 
significant and the analyst should proceed to evaluate the correction 
factor.
    6.2.2.5  Correction Factor Calculation. If the method's bias is 
statistically significant, calculate the correction factor, CF, using 
Equation 301-10. Multiply all analytical results by CF to obtain the 
final values. The method results, and the method, are unacceptable if 
the correction factor is outside the range of 0.9 to 1.10.
    6.3  Analyte Spiking. Analyze the data for analyte spike testing as 
outlined in Sections 6.3.1 through 6.3.3.
    6.3.1  Precision. 
    6.3.1.1  Spiked Samples. Calculate the difference, di, between 
the pairs of the spiked proposed method measurements for each replicate 
sample set. Determine the standard deviation (SDs) of the spiked 
values using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01MY92.058

Eq. 301-13

where: n = Number of runs.

    Calculate the relative standard deviation of the proposed spiked 
method using Equation 301-6 where Sm is the measured mean of the 
analyte spiked samples. The proposed method is unacceptable if the RSD 
is greater than 50 percent.
    6.3.1.2  Unspiked Samples. Calculate the standard deviation of the 
unspiked values using Equation 301-13 and the relative standard 
deviation of the proposed unspiked method using Equation 301-6 where 
Sm is the measured mean of the analyte spiked samples. The RSD must 
be less than 50 percent.
    6.3.2  Bias. Calculate the numerical value of the bias using the 
results from the analysis of the spiked field samples, the unspiked 
field samples, and the calculated value of the spike:

B=Sm-Mm-CS
Eq. 301-14

where: B = Bias at the spike level.
Sm = Mean of the spiked samples.
Mm = Mean of the unspiked samples.
CS = Calculated value of the spiked level.

    6.3.2.1  Calculate the standard deviation of the mean using the 
following equation where SDs and SDu are the standard 
deviations of the spiked and unspiked sample values respectively as 
calculated using Equation 301-13.

[[Page 1091]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.059

Eq. 301-15

    6.3.2.2  Test the bias for statistical significance by calculating 
the t-statistic using Equation 301-4 and comparing it with the critical 
value of the two-sided t-distribution at the 95-percent confidence level 
and n-1 degrees of freedom. This critical value is 2.201 for the eleven 
degrees of freedom.
    6.3.3  Calculation of a Correction Factor. If the t-test shows that 
the bias is not statistically significant, use all analytical results 
without correction. If the method's bias is statistically significant, 
calculate the correction factor using Equation 301-5. Multiply all 
analytical results by CF to obtain the final values.
    7. Ruggedness Testing (Optional)
    7.1  Laboratory Evaluation.
    7.1.1  Ruggedness testing is a useful and cost-effective laboratory 
study to determine the sensitivity of a method to certain parameters 
such as sample collection rate, interferant concentration, collecting 
medium temperature, or sample recovery temperature. This Section 
generally discusses the principle of the ruggedness test. A more 
detailed description is presented in citation 10 of Section 13.0.
    7.1.2  In a ruggedness test, several variables are changed 
simultaneously rather than one variable at a time. This reduces the 
number of experiments required to evaluate the effect of a variable. For 
example, the effect of seven variables can be determined in eight 
experiments rather than 128 (W.J. Youden, Statistical Manual of the 
Association of Official Analytical Chemists, Association of Official 
Analytical Chemists, Washington, DC, 1975, pp. 33-36).
    7.1.3  Data from ruggedness tests are helpful in extending the 
applicability of a test method to different source concentrations or 
source categories.

   8. Procedure for Including Sample Stability in Bias and Precision 
                               Evaluations

    8.1  Sample Stability.
    8.1.1  The test method being evaluated must include procedures for 
sample storage and the time within which the collected samples shall be 
analyzed.
    8.1.2  This section identifies the procedures for including the 
effect of storage time in bias and precision evaluations. The evaluation 
may be deleted if the test method specifies a time for sample storage.
    8.2  Stability Test Design. The following procedures shall be 
conducted to identify the effect of storage times on analyte samples. 
Store the samples according to the procedure specified in the test 
method. When using the analyte spiking procedures (section 5.3), the 
study should include equal numbers of spiked and unspiked samples.
    8.2.1  Stack Emission Testing.
    8.2.1.1  For sample container (bag or canister) and impinger 
sampling systems, sections 5.1 and 5.3, analyze six of the samples at 
the minimum storage time. Then analyze the same six samples at the 
maximum storage time.
    8.2.1.2  For sorbent and impinger sampling systems, sections 5.1 and 
5.3, that require extraction or digestion, extract or digest six of the 
samples at the minimum storage time and extract or digest six other 
samples at the maximum storage time. Analyze an aliquot of the first six 
extracts (digestates) at both the minimum and maximum storage times. 
This will provide some freedom to analyze extract storage impacts.
    8.2.1.3  For sorbent sampling systems, sections 5.1 and 5.3, that 
require thermal desorption, analyze six samples at the minimum storage 
time. Analyze another set of six samples at the maximum storage time.
    8.2.1.4  For systems set up in accordance with section 5.2, the 
number of samples analyzed at the minimum and maximum storage times 
shall be half those collected (8 or 9). The procedures for samples 
requiring extraction or digestion should parallel those in section 
8.2.1.
    8.2.2  Other Waste Media Testing. Analyze half of the replicate 
samples at the minimum storage time and the other half at the maximum 
storage time in order to identify the effect of storage times on analyte 
samples.

   9. Procedure for Determination of Practical Limit of Quantitation 
                               (Optional)

    9.1  Practical Limit of Quantitation.
    9.1.1  The practical limit of quantitation (PLQ) is the lowest level 
above which quantitative results may be obtained with an acceptable 
degree of confidence. For this protocol, the PLQ is defined as 10 times 
the standard deviation, so, at the blank level. This PLQ 
corresponds to an uncertainty of 30 percent at the 99-
percent confidence level.
    9.1.2  The PLQ will be used to establish the lower limit of the test 
method.
    9.2  Procedure I for Estimating so. This procedure is 
acceptable if the estimated PLQ is no more than twice the calculated 
PLQ. If the PLQ is greater than twice the calculated PLQ use Procedure 
II.
    9.2.1  Estimate the PLQ and prepare a test standard at this level. 
The test standard could consist of a dilution of the reference material 
described in section 3.0.
    9.2.2  Using the normal sampling and analytical procedures for the 
method, sample and analyze this standard at least seven times in the 
laboratory.
    9.2.3  Calculate the standard deviation, so, of the measured 
values.

[[Page 1092]]

    9.2.4  Calculate the PLQ as 10 times so.
    9.3  Procedure II for Estimating so. This procedure is to be 
used if the estimated PLQ is more than twice the calculated PLQ.
    9.3.1  Prepare two additional standards at concentration levels 
lower than the standard used in Procedure I.
    9.3.2  Sample and analyze each of these standards at least seven 
times.
    9.3.3  Calculate the standard deviation for each concentration 
level.
    9.3.4  Plot the standard deviations of the three test standards as a 
function of the standard concentrations.
    9.3.5  Draw a best-fit straight line through the data points and 
extrapolate to zero concentration. The standard deviation at zero 
concentration is S0.
    9.3.6  Calculate the PLQ as 10 times S0.

               10.0  Field Validation Report Requirements

    The field validation report shall include a discussion of the 
regulatory objectives for the testing which describe the reasons for the 
test, applicable emission limits, and a description of the source. In 
addition, validation results shall include:
    10.1  Summary of the results and calculations shown in section 6.0.
    10.2  Reference material certification and value(s).
    10.3  Performance audit results or letter from the reviewing 
authority stating the audit material is currently not available.
    10.4  Laboratory demonstration of the quality of the spiking system.
    10.5  Discussion of laboratory evaluations.
    10.6  Discussion of field sampling.
    10.7  Discussion of sample preparations and analysis.
    10.8  Storage times of samples (and extracts, if applicable).
    10.9  Reasons for eliminating any results.

                          11.  Followup Testing

    The correction factor calculated in section 6.0 shall be used to 
adjust the sample concentrations in all followup tests conducted at the 
same source. These tests shall consist of at least three replicate 
samples, and the average shall be used to determine the pollutant 
concentration. The number of samples to be collected and analyzed shall 
be as follows, depending on the validated method precision level:
    11.1  Validated relative standard deviation (RSD)  
15 Percent. Three replicate samples.
    11.2  Validated RSD  30 Percent. Six 
replicate samples.
    11.3  Validated RSD  50 Percent. Nine 
replicate samples.
    11.4  Equivalent method. Three replicate samples.

                  12.  Procedure for Obtaining a Waiver

    12.1  Waivers. These procedures may be waived or a less rigorous 
protocol may be granted for site-specific applications. The following 
are three example situations for which a waiver may be considered.
    12.1.1  ``Similar'' Sources. If the test method has been validated 
previously at a ``similar'' source, the procedures may be waived 
provided the requester can demonstrate to the satisfaction of the 
Administrator that the sources are ``similar.'' The methods's 
applicability to the ``similar'' source may be demonstrated by 
conducting a ruggedness test as described in section 6.0.
    12.1.2  ``Documented'' Methods. In some cases, bias and precision 
may have been documented through laboratory tests or protocols different 
from this method. If the analyst can demonstrate to the satisfaction of 
the Administrator that the bias and precision apply to a particular 
application, the Administrator may waive these procedures or parts of 
the procedures.
    12.1.3  ``Conditional'' Test Methods. When the method has been 
demonstrated to be valid at several sources, the analyst may seek a 
``conditional'' method designation from the Administrator. 
``Conditional'' method status provides an automatic waiver from the 
procedures provided the test method is used within the stated 
applicability.
    12.2  Application for Waiver. In general, the requester shall 
provide a thorough description of the test method, the intended 
application, and results of any validation or other supporting 
documents. Because of the many potential situations in which the 
Administrator may grant a waiver, it is neither possible nor desirable 
to prescribe the exact criteria for a waiver. At a minimum, the 
requester is responsible for providing the following.
    12.2.1  A clearly written test method, preferably in the format of 
40 CFR part 60, appendix A Test Methods. The method must include an 
applicability statement, concentration range, precision, bias 
(accuracy), and time in which samples must be analyzed.
    12.2.2.2  Summaries (see section 10.0) of previous validation tests 
or other supporting documents. If a different procedure from that 
described in this method was used, the requester shall provide 
appropriate documents substantiating (to the satisfaction of the 
Administrator) the bias and precision values.
    12.2.2.3  Results of testing conducted with respect to sections 7.0, 
8.0, and 9.0.
    12.2.3  Discussion of the applicability statement and arguments for 
approval of the waiver. This discussion should address as applicable the 
following: Applicable regulation, emission standards, effluent 
characteristics, and process operations.

[[Page 1093]]

    12.3  Requests for Waiver. Each request shall be in writing and 
signed by the analyst. Submit requests to the Director, OAQPS, Technical 
Support Division, U.S. Environmental Protection Agency, Research 
Triangle Park, NC 27711.

                            13.  Bibliography

    1. Albritton, J.R., G.B. Howe, S.B. Tompkins, R.K.M. Jayanty, and 
C.E. Decker, 1989. Stability of Parts-Per-Million Organic Cylinder Gases 
and Results of Source Test Analysis Audits, Status Report No. 11. 
Environmental Protection Agency Contract 68-02-4125. Research Triangle 
Institute, Research Triangle Park, NC. September.
    2. DeWees, W.G., P.M. Grohse, K.K. Luk, and F.E. Butler. 1989. 
Laboratory and Field Evaluation of a Methodology for Speciating Nickel 
Emissions from Stationary Sources. EPA Contract 68-02-4442. Prepared for 
Atmospheric Research and Environmental Assessment Laboratory, Office of 
Research and Development, U.S. Environmental Protection Agency, Research 
Triangle Park, NC 27711. January.
    3. Keith, L.H., W. Crummer, J. Deegan Jr., R.A. Libby, J.K. Taylor, 
and G. Wentler. 1983. Principles of Environmental Analysis. American 
Chemical Society, Washington, DC.
    4. Maxwell, E.A. 1974. Estimating variances from one or two 
measurements on each sample. Amer. Statistician 28:96-97.
    5. Midgett, M.R. 1977. How EPA Validates NSPS Methodology. Environ. 
Sci. & Technol. 11(7):655-659.
    6. Mitchell, W.J., and M.R. Midgett. 1976. Means to evaluate 
performance of stationary source test methods. Environ. Sci. & Technol. 
10:85-88.
    7. Plackett, R.L., and J.P. Burman. 1946. The design of optimum 
multifactorial experiments. Biometrika, 33:305.
    8. Taylor, J.K. 1987. Quality Assurance of Chemical Measurements. 
Lewis Publishers, Inc., pp. 79-81.
    9. U.S. Environmental Protection Agency. 1978. Quality Assurance 
Handbook for Air Pollution Measurement Systems: Volume III. Stationary 
Source Specific Methods. Publication No. EPA-600/4-77-027b. Office of 
Research and Development Publications, 26 West St. Clair St., 
Cincinnati, OH 45268.
    10. U.S. Environmental Protection Agency. 1981. A Procedure for 
Establishing Traceability of Gas Mixtures to Certain National Bureau of 
Standards Standard Reference Materials. Publication No. EPA-600/7-81-
010. Available from the U.S. EPA, Quality Assurance Division (MD-77), 
Research Triangle Park, NC 27711.
    11. U.S. Environmental Protection Agency. 1991. Protocol for The 
Field Validation of Emission Concentrations From Stationary Sources. 
Publication No. 450/4-90-015. Available from the U.S. EPA, Emission 
Measurement Technical Information Center, Technical Support Division 
(MD-14), Research Triangle Park, NC 27711.
    12. Youdon, W.J. Statistical techniques for collaborative tests. In: 
Statistical Manual of the Association of Official Analytical Chemists, 
Association of Official Analytical Chemists, Washington, DC, 1975, pp. 
33-36.

Method 303--Determination of Visible Emissions From By-Product Coke Oven 
                                Batteries

                     1. Applicability and Principle

    1.1  Applicability. This method applies to the determination of 
visible emissions (VE) from the following by-product coke oven battery 
sources: Charging systems during charging, doors, topside port lids, and 
offtake systems on operating coke ovens; and collecting mains. In order 
for the test method results to be indicative of plant performance, the 
time of day of the run should vary.
    1.2  Principle. A certified observer visually determines the VE from 
coke oven battery sources (the certification procedures are described in 
section 2). This method does not require that opacity of emissions be 
determined or that magnitude be differentiated.
    1.3  Definitions.
    1.3.1  Bench. The platform structure in front of the oven doors.
    1.3.2  By-product Coke Oven Battery. A source consisting of a group 
of ovens connected by common walls, where coal undergoes destructive 
distillation under positive pressure to produce coke and coke oven gas, 
from which by-products are recovered.
    1.3.3  Charge or Charging Period. The period of time that commences 
when coal begins to flow into an oven through a topside port and ends 
when the last charging port is recapped.
    1.3.4  Charging System. An apparatus used to charge coal to a coke 
oven (e.g., a larry car for wet coal charging systems).
    1.3.5  Coke Oven Door. Each end enclosure on the pusher side and the 
coking side of an oven. The chuck, or leveler-bar, door is considered 
part of the pusher side door. The coke oven door area includes the 
entire area on the vertical face of a coke oven between the bench and 
the top of the battery between two adjacent buck stays.
    1.3.6  Coke Side. The side of a battery from which the coke is 
discharged from ovens at the end of the coking cycle.
    1.3.7  Collecting Main. Any apparatus that is connected to one or 
more offtake systems and that provides a passage for conveying gases 
under positive pressure from the by-product coke oven battery to the by-
product recovery system.
    1.3.8  Consecutive Charges. Charges observed successively, excluding 
any charge

[[Page 1094]]

during which the observer's view of the charging system or topside ports 
is obscured.
    1.3.9  Damper-off. To close off the gas passage between the coke 
oven and the collecting main, with no flow of raw coke oven gas from the 
collecting main into the oven or into the oven's offtake system(s).
    1.3.10  Decarbonization Period. The period of time for combusting 
oven carbon that commences when the oven lids are removed from an empty 
oven or when standpipe caps of an oven are opened. The period ends with 
the initiation of the next charging period for that oven.
    1.3.11  Larry Car. An apparatus used to charge coal to a coke oven 
with a wet coal charging system.
    1.3.12  Log Average. Logarithmic average as calculated in section 
3.8.
    1.3.13  Offtake System. Any individual oven apparatus that is 
stationary and provides a passage for gases from an oven to a coke oven 
battery collecting main or to another oven. Offtake system components 
include the standpipe and standpipe caps, goosenecks, stationary jumper 
pipes, mini-standpipes, and standpipe and gooseneck connections.
    1.3.14  Operating Oven. Any oven not out of operation for rebuild or 
maintenance work extensive enough to require the oven to be skipped in 
the charging sequence.
    1.3.15  Oven. A chamber in the coke oven battery in which coal 
undergoes destructive distillation to produce coke.
    1.3.16  Push Side. The side of the battery from which the coke is 
pushed from ovens at the end of the coking cycle.
    1.3.17  Run. The observation of visible emissions from topside port 
lids, offtake systems, coke oven doors, or the charging of a single oven 
in accordance with this method.
    1.3.18  Shed. Structures for capturing coke oven emissions on the 
coke side or pusher side of the coke oven battery, which route the 
emissions to a control device or system.
    1.3.19  Standpipe Cap. An apparatus used to cover the opening in the 
gooseneck of an offtake system.
    1.3.20  Topside Port Lid. A cover, removed during charging or 
decarbonizing, that is placed over the opening through which coal can be 
charged into the oven of a by-product coke oven battery.
    1.3.21  Traverse Time. Accumulated time for a traverse as measured 
by a stopwatch. Traverse time includes time to stop and write down oven 
numbers but excludes time waiting for obstructions of view to clear or 
for time to walk around obstacles.
    1.3.22  Visible Emissions (VE). Any emission seen by the unaided 
(except for corrective lenses) eye, excluding steam or condensing water.

                        2. Observer Certification

    2.1  Certification Procedures. This method requires only the 
determination of whether VE occur and does not require the determination 
of opacity levels; therefore, observer certification according to Method 
9 in appendix A to part 60 of this chapter is not required to obtain 
certification under this method. However, in order to receive Method 303 
observer certification, the first-time observer (trainee) shall have 
attended the lecture portion of the Method 9 certification course. In 
addition, the trainee shall successfully complete the Method 303 
training course, satisfy the field observation requirement, and 
demonstrate adequate performance and sufficient knowledge of Method 303. 
The Method 303 training course shall be conducted by or under the 
sanction of the EPA and shall consist of classroom instruction and field 
observations, and a proficiency test.
    2.1.1  The classroom instruction shall familiarize the trainees with 
Method 303 through lecture, written training materials, and a Method 303 
demonstration video. A successful completion of the classroom portion of 
the Method 303 training course shall be demonstrated by a perfect score 
on a written test. If the trainee fails to answer all of the questions 
correctly, the trainee may review the appropriate portion of the 
training materials and retake the test.
    2.1.2  The field observations shall be a minimum of 12 hours and 
shall be completed before attending the Method 303 certification course. 
Trainees shall observe the operation of a coke oven battery as it 
pertains to Method 303, including topside operations, and shall also 
practice conducting Method 303 or similar methods. During the field 
observations, trainees unfamiliar with coke battery operations shall 
receive instruction from an experienced coke oven observer familiar with 
Method 303 or similar methods and the operation of coke batteries. The 
trainee must verify completion of at least 12 hours of field observation 
prior to attending the Method 303 certification course.
    2.1.3  All trainees must demonstrate proficiency in the application 
of Method 303 to a panel of three certified Method 303 observers, 
including an ability to differentiate coke oven emissions from 
condensing water vapor and smoldering coal. Each panel member shall have 
at least 120 days experience in reading visible emissions from coke 
ovens. The visible emissions inspections that will satisfy the 
experience requirement must be inspections of coke oven battery fugitive 
emissions from the emission points subject to emission standards under 
subpart L of this part (i.e., coke oven doors, topside port lids, 
offtake system(s), and charging operations), using either Method 303 or 
predecessor State or local test methods. A ``day's

[[Page 1095]]

experience'' for a particular inspection is a day on which one complete 
inspection was performed for that emission point under Method 303 or a 
predecessor State or local method. A ``day's experience'' does not mean 
8 or 10 hours performing inspections, or any particular time expressed 
in minutes or hours that may have been spent performing them. Thus, it 
would be possible for an individual to qualify as a Method 303 panel 
member for some emission points, but not others (e.g., an individual 
might satisfy the experience requirement for coke oven doors, but not 
topside port lids). Until November 15, 1994, the EPA may waive the 
certification requirement (but not the experience requirement) for panel 
members. The composition of the panel shall be approved by the EPA. The 
panel shall observe the trainee in a series of training runs and a 
series of certification runs. There shall be a minimum of 1 training run 
for doors, topside port lids, and offtake systems, and a minimum of 5 
training runs (i.e., 5 charges) for charging. During training runs, the 
panel can advise the trainee on proper procedures. There shall be a 
minimum of 3 certification runs for doors, topside port lids, and 
offtake systems, and a minimum of 15 certification runs for charging 
(i.e., 15 charges). The certifications runs shall be unassisted. 
Following the certification test runs, the panel shall approve or 
disapprove certification based on the trainee's performance during the 
certification runs. To obtain certification, the trainee shall 
demonstrate to the satisfaction of the panel a high degree of 
proficiency in performing Method 303. To aid in evaluating the trainee's 
performance, a checklist, provided by the EPA, will be used.
    Caution: Because coke oven batteries have hazardous environments, 
the training materials and the field training shall cover the 
precautions required by the company to address health and safety 
hazards. Special emphasis shall be given to the Occupational Safety and 
Health Administration (OSHA) regulations pertaining to exposure of coke 
oven workers (see Citation 3 in the Bibliography). In general, the 
regulation requires that special fire-retardant clothing and respirators 
be worn in certain restricted areas of the coke oven battery. The OSHA 
regulation also prohibits certain activities, such as chewing gum, 
smoking, and eating in these areas.
    2.2  Observer Certification/Recertification. The coke oven observer 
certification is valid for 1 year from date of issue. The observer shall 
recertify annually by viewing the training video and answering all of 
the questions on the certification test correctly. Every 3 years, an 
observer shall be required to pass the proficiency test in section 2.1.3 
in order to be certified.
    2.3  The EPA (or applicable enforcement agency) shall maintain 
records reflecting a certified observer's successful completion of the 
proficiency test, which shall include the completed proficiency test 
checklists for the certification runs.
    2.4  An owner or operator of a coke oven battery subject to subpart 
L of this part may observe a training and certification program under 
this section.

  3. Procedure for Determining VE From Charging Systems During Charging

    3.1  Number of Oven Charges. Refer to Sec. 63.309(c)(1) of this part 
for the number of oven charges to observe. The observer shall observe 
consecutive charges. Charges that are nonconsecutive can only be 
observed when necessary to replace observations terminated prior to the 
completion of a charge because of visual interferences. (See section 
3.5.)
    3.2  Data Records. Record all the information requested at the top 
of the charging system inspection sheet (Figure 303-1). For each charge, 
record the identification number of the oven being charged, the 
approximate beginning time of the charge, and the identification of the 
larry car used for the charge.
    3.3  Observer Position. Stand in an area or move to positions on the 
topside of the coke oven battery with an unobstructed view of the entire 
charging system. For wet coal charging systems or non-pipeline coal 
charging systems, the observer should have an unobstructed view of the 
emission points of the charging system, including larry car hoppers, 
drop sleeves, and the topside ports of the oven being charged. Some 
charging systems are configured so that all emission points can only be 
seen from a distance of five ovens. For other batteries, distances of 8 
to 12 ovens are adequate.
    3.4  Observation. The charging period begins when coal begins to 
flow into the oven and ends when the last charging port is recapped. 
During the charging period, observe all of the potential sources of VE 
from the entire charging system. For wet coal charging systems or non-
pipeline coal charging systems, sources of VE typically include the 
larry car hoppers, drop sleeves, slide gates, and topside ports on the 
oven being charged. Any VE from an open standpipe cap on the oven being 
charged is included as charging VE.
    3.4.1  Using an accumulative-type stopwatch with unit divisions of 
at least 0.5 seconds, determine the total time VE are observed as 
follows. Upon observing any VE emerging from any part of the charging 
system, start the stopwatch. Stop the watch when VE are no longer 
observed emerging, and restart the watch when VE reemerges.
    3.4.2  When VE occur simultaneously from several points during a 
charge, consider the sources as one. Time overlapping VE as continuous 
VE. Time single puffs of VE only for the time it takes for the puff to 
emerge from

[[Page 1096]]

the charging system. Continue to time VE in this manner for the entire 
charging period. Record the accumulated time to the nearest 0.5 second 
under ``Visible emissions, seconds'' on Figure 303-1.
    3.5  Visual Interference. If fugitive VE from other sources at the 
coke oven battery site (e.g., door leaks or condensing water vapor from 
the coke oven wharf) prevent a clear view of the charging system during 
a charge, stop the stopwatch and make an appropriate notation under 
``Comments'' on Figure 303-1. Label the observation an observation of an 
incomplete charge, and observe another charge to fulfill the 
requirements of section 3.1.
    3.6  VE Exemptions. Do not time the following VE:
    3.6.1  The VE from burning or smoldering coal spilled on top of the 
oven, topside port lid, or larry car surfaces;
    Note: The VE from smoldering coal are generally white or gray. These 
VE generally have a plume of less than 1 meter long. If the observer 
cannot safely and with reasonable confidence determine that VE are from 
charging, do not count them as charging emissions.

    3.6.2  The VE from the coke oven doors or from the leveler bar; or
    3.6.3  The VE that drift from the top of a larry car hopper if the 
emissions had already been timed as VE from the drop sleeve.

    Note: When the slide gate on a larry car hopper closes after the 
coal has been added to the oven, the seal may not be airtight. On 
occasions, a puff of smoke observed at the drop sleeves is forced past 
the slide gate up into the larry car hopper and may drift from the top; 
time these VE either at the drop sleeves or the hopper. If the larry car 
hopper does not have a slide gate or the slide gate is left open or 
partially closed, VE may quickly pass through the larry car hopper 
without being observed at the drop sleeves and will appear as a strong 
surge of smoke; time these as charging VE.

    3.7  Total Time Record. Record the total time that VE were observed 
for each charging operation in the appropriate column on the charging 
system inspection sheet.
    3.8  Five charging observations (runs) obtained in accordance with 
this method shall be considered a valid set of observations for that 
day. No observation of an incomplete charge shall be included in a daily 
set of observations that is lower than the lowest reading for a complete 
charge. If both complete and incomplete charges have been observed, the 
daily set of observations shall include the five highest values 
observed. Four or three charging observations (runs) obtained in 
accordance with this method shall be considered a valid set of charging 
observations only where it is not possible to obtain five charging 
observations, because of visual interferences (see section 3.5) or 
inclement weather prevent a clear view of the charging system during 
charging. However, observations from three or four charges that satisfy 
these requirements shall not be considered a valid set of charging 
observations if use of such set of observations in a calculation under 
section 3.9 would cause the value of A to be less than 145.
    3.9  Log Average. For each day on which a valid daily set of 
observations is obtained, calculate the daily 30-day rolling log average 
of seconds of visible emissions from the charging operation for each 
battery using these data and the 29 previous valid daily sets of 
observations, in accordance with the following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.003

where

e=2.72,
[GRAPHIC] [TIFF OMITTED] TR27OC93.004

ln=Natural logarithm, and
Xi=Seconds of VE during the ith charge.
A=150 or the number of valid observations (runs). The value of A shall 
          not be less than 145, except for purposes of determinations 
          under Sec. 63.306(c) (work practice plan implementation) or 
          Sec. 63.306(d) (work practice plan revisions) of this part. No 
          set of observations shall be considered valid for such a 
          recalculation that otherwise would not be considered a valid 
          set of observations for a calculation under this paragraph.

        4. Procedure for Determining VE From Coke Oven Door Areas

    The intent of this procedure is to determine VE from coke oven door 
areas by carefully observing the door area from a standard distance 
while walking at a normal pace.
    4.1  Number of Runs. Refer to Sec. 63.309(c)(1) of this part for the 
appropriate number of runs.
    4.2  Battery Traverse. To conduct a battery traverse, walk the 
length of the battery on the outside of the pusher machine and quench 
car tracks at a steady, normal walking pace, pausing to make appropriate 
entries on the door area inspection sheet (Figure 303-2). A single test 
run consists of two timed traverses, one for the coke side and one for 
the push side. The walking pace shall not exceed an average rate of 4 
seconds per oven door, excluding time spent moving around stationary 
obstructions or waiting for other obstructions to move from positions 
blocking the view of a series of doors. Extra time is allowed for each 
leak for the observer to make the proper notation. A walking pace of 3 
seconds per oven door has

[[Page 1097]]

been found to be typical. Record the actual traverse time with a 
stopwatch.
    4.2.1  Time only the time spent observing the doors and recording 
door leaks. To measure actual traverse time, use an accumulative-type 
stopwatch with unit divisions of 0.5 seconds or less. Exclude 
interruptions to the traverse and time required for the observer to move 
to positions where the view of the battery is unobstructed, or for 
obstructions, such as the door machine, to move from positions blocking 
the view of a series of doors.
    4.2.2  Various situations may arise that will prevent the observer 
from viewing a door or a series of doors. Prior to the door inspection, 
the owner or operator may elect to temporarily suspend charging 
operations for the duration of the inspection, so that all of the doors 
can be viewed by the observer. The observer has two options for dealing 
with obstructions to view: (a) Stop the stopwatch and wait for the 
equipment to move or the fugitive emissions to dissipate before 
completing the traverse; or (b) stop the stopwatch, skip the affected 
ovens, and move to a position to continue the traverse. Restart the 
stopwatch and continue the traverse. After the completion of the 
traverse, if the equipment has moved or the fugitive emissions have 
dissipated, inspect the affected doors. If the equipment is still 
preventing the observer from viewing the doors, then the affected doors 
may be counted as not observed. If option (b) is used because of doors 
blocked by machines during charging operations, then, of the affected 
doors, exclude the door from the most recently charged oven from the 
inspection. Record the oven numbers and make an appropriate notation 
under ``Comments'' on the door area inspection sheet (Figure 303-2).
    4.2.3  When batteries have sheds to control emissions, conduct the 
inspection from outside the shed unless the doors cannot be adequately 
viewed. In this case, conduct the inspection from the bench. Be aware of 
special safety considerations pertinent to walking on the bench and 
follow the instructions of company personnel on the required equipment 
and operations procedures. If possible, conduct the bench traverse 
whenever the bench is clear of the door machine and hot coke guide.
    4.3  Observations. Record all the information requested at the top 
of the door area inspection sheet (Figure 303-2), including the number 
of inoperable ovens. Record the clock time at the start of the traverse 
on each side of the battery. Record which side is being inspected, i.e., 
coke side or push side. Other information may be recorded at the 
discretion of the observer, such as the location of the leak (i.e., top 
of the door, chuck door, etc.), the reason for any interruption of the 
traverse, or the position of the sun relative to the battery and sky 
conditions (i.e., overcast, partly sunny, etc.).
    4.3.1  Begin the test run by starting the stopwatch and traversing 
either the coke side or the push side of the battery. After completing 
one side, stop the watch. Complete this procedure on the other side. If 
inspecting more than one battery, the observer may view the push sides 
and the coke sides sequentially.
    4.3.2  During the traverse, look around the entire perimeter of each 
oven door. The door is considered leaking if VE are detected in the coke 
oven door area. The coke oven door area includes the entire area on the 
vertical face of a coke oven between the bench and the top of the 
battery between two adjacent buck stays (e.g., the oven door, chuck 
door, between the masonry brick, buck stay or jamb, or other sources). 
Record the oven number and make the appropriate notation on the door 
area inspection sheet (Figure 303-2).

    Note: Multiple VE from the same door area (e.g., VE from both the 
chuck door and the push side door) are counted as only one emitting 
door, not as multiple emitting doors.

    4.3.3  Do not record the following sources as door area VE:
    4.3.3.1  VE from ovens with doors removed. Record the oven number 
and make an appropriate notation under ``Comments;''
    4.3.3.2  VE from ovens taken out of service. The owner or operator 
shall notify the observer as to which ovens are out of service. Record 
the oven number and make an appropriate notation under ``Comments;'' or
    4.3.3.3  VE from hot coke that has been spilled on the bench as a 
result of pushing.
    4.4  Criteria for Acceptance. After completing the run, calculate 
the maximum time allowed to observe the ovens by the following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.005

where

T=Total time allowed for traverse, seconds;
Dt=Total number of oven doors on the battery; and
L=Number of doors with VE.

    4.4.1  If the total traverse time exceeds T, void the run, and 
conduct another run to satisfy the requirements of Sec. 63.309(c)(1) of 
this part.
    4.5  Calculations for Percent Leaking Doors (PLD). Determine the 
total number of doors for which observations were made on the coke oven 
battery as follows:
[GRAPHIC] [TIFF OMITTED] TR27OC93.006

where

Dob=Total number of doors observed on operating ovens;
Di=Number of doors on nonoperating ovens;

[[Page 1098]]

Dno=Number of doors not observed; and
N=Total number of ovens in the battery.

    4.5.1  For each test run (one run includes both the coke side and 
the push side traverses), sum the number of doors with door area VE. For 
batteries subject to an approved alternative standard under Sec. 63.305 
of this part, calculate the push side and the coke side PLD separately.
    4.5.2  Calculate percent leaking doors by using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.007

where

PLD=Percent leaking doors for the test run;
 Ly=Number of doors with VE observed from the yard; and
Dob=Total number of doors observed on operating ovens.

    4.5.3  When traverses are conducted from the bench under sheds, 
calculate the coke side and the push side separately. Use the following 
equation to calculate a yard-equivalent reading:
[GRAPHIC] [TIFF OMITTED] TR27OC93.008

where

N=Total number of ovens on the battery;
Lb=Yard-equivalent reading; and
Ls=Number of doors with VE observed from the bench under sheds.

    If Lb is less than zero, use zero for Lb in Equation 303-6 
in the calculation of PLD.
    4.5.3.1  Use the following equation to calculate PLD:
    [GRAPHIC] [TIFF OMITTED] TR27OC93.009
    
where

PLD=Percent leaking coke oven doors for the run;
Lb=Yard equivalent reading;
Ly=Number of doors with VE observed from the yard on the push side; 
          and
Dob=Total number of doors observed on operating ovens.

    Round off PLD to the nearest hundredth of 1 percent and record as 
the percent leaking coke oven doors for the run.
    4.5.3.2  30-day Rolling Average. For each day on which a valid 
observation is obtained, calculate the daily 30-day rolling average for 
each battery using these data and the 29 previous valid daily 
observations, in accordance with the following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.010

   5. Procedure for Determining VE from Topside Port Lids and Offtake 
                                 Systems

    5.1  Number of Runs. Refer to Sec. 63.309(c)(1) of this part for the 
number of runs to be conducted. Simultaneous runs or separate runs for 
the topside port lids and offtake systems may be conducted.
    5.2  Battery Traverse. To conduct a topside traverse of the battery, 
walk the length of the battery at a steady, normal walking pace, pausing 
only to make appropriate entries on the topside inspection sheet (Figure 
303-3). The walking pace shall not exceed an average rate of 4 seconds 
per oven, excluding time spent moving around stationary obstructions or 
waiting for other obstructions to move from positions blocking the view. 
Extra time is allowed for each leak for the observer to make the proper 
notation. A walking pace of 3 seconds per oven is typical. Record the 
actual traverse time with a stopwatch.
    5.3  Topside Port Lid Observations. To observe lids of the ovens 
involved in the charging operation, the observer shall wait to view the 
lids until approximately 5 minutes after the completion of the charge. 
Record all the information requested on the topside inspection sheet 
(Figure 303-3). Record the clock time when traverses begin and end. If 
the observer's view is obstructed during the traverse (e.g., steam from 
the coke wharf, larry car, etc.), follow the guidelines given in section 
4.2.2.
    5.3.1  To perform a test run, conduct a single traverse on the 
topside of the battery. The observer shall walk near the center of the 
battery but may deviate from this path to avoid safety hazards (such as 
open or closed charging ports, luting buckets, lid removal bars, and 
topside port lids that have been removed) and any other obstacles. Upon 
noting VE from the topside port lid(s) of an oven, record the oven 
number and port number, then resume the traverse. If any oven is 
dampered-off from the collecting main for decarbonization, note this 
under ``Comments'' for that particular oven.

    Note: Count the number of topside ports, not the number of points, 
exhibiting VE, i.e., if a topside port has several points of VE, count 
this as one port exhibiting VE.


[[Page 1099]]


    5.3.2  Do not count the following as topside port lid VE:
    5.3.2.1  VE from between the brickwork and oven lid casing or VE 
from cracks in the oven brickwork. Note these VE under ``Comments;''
    5.3.2.2  VE from topside ports involved in a charging operation. 
Record the oven number, and make an appropriate notation (i.e., not 
observed because ports open for charging) under ``Comments;''
    5.3.2.3  Topside ports having maintenance work done. Record the oven 
number and make an appropriate notation under ``Comments;'' or
    5.3.2.4  Condensing water from wet-sealing material. Ports with only 
visible condensing water from wet-sealing material are counted as 
observed but not as having VE.
    5.3.2.5  Visible emissions from the flue inspection ports and caps.
    5.4  Offtake Systems Observations. To perform a test run, traverse 
the battery as in section 5.3.1. Look ahead and back two to four ovens 
to get a clear view of the entire offtake system for each oven. Consider 
visible emissions from the following points as offtake system VE: (a) 
the flange between the gooseneck and collecting main (``saddle''), (b) 
the junction point of the standpipe and oven (``standpipe base''), (c) 
the other parts of the offtake system (e.g., the standpipe cap), and (d) 
the junction points with ovens and flanges of jumper pipes.
    5.4.1  Do not stray from the traverse line in order to get a 
``closer look'' at any part of the offtake system unless it is to 
distinguish leaks from interferences from other sources or to avoid 
obstacles.
    5.4.2  If the centerline does not provide a clear view of the entire 
offtake system for each oven (e.g., when standpipes are longer than 15 
feet), the observer may conduct the traverse farther from (rather than 
closer to) the offtake systems.
    5.4.3  Upon noting a leak from an offtake system during a traverse, 
record the oven number. Resume the traverse. If the oven is dampered-off 
from the collecting main for decarbonization and VE are observed, note 
this under ``Comments'' for that particular oven.
    5.4.4  If any part or parts of an offtake system have VE, count it 
as one emitting offtake system. Each stationary jumper pipe is 
considered a single offtake system.
    5.4.5  Do not count standpipe caps open for a decarbonization period 
or standpipes of an oven being charged as source of offtake system VE. 
Record the oven number and write ``Not observed'' and the reason (i.e., 
decarb or charging) under ``Comments.''

    Note: VE from open standpipes of an oven being charged count as 
charging emissions. All VE from closed standpipe caps count as offtake 
leaks.

    5.5  Criteria for Acceptance. After completing the run (allow 2 
traverses for batteries with double mains), calculate the maximum time 
allowed to observe the topside port lids and/or offtake systems by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.011

where

T=Total time allowed for traverse, seconds;
N=Total number of ovens in the battery; and
Z=Number of topside port lids or offtake systems with VE.

    5.5.1  If the total traverse time exceeds T, void the run and 
conduct another run to satisfy the requirements of Sec. 63.309(c)(1) of 
this part.
    5.6  In determining the percent leaking topside port lids and 
percent leaking offtake systems, do not include topside port lids or 
offtake systems with VE from the following ovens:
    5.6.1  Empty ovens, including ovens undergoing maintenance, which 
are properly dampered off from the main.
    5.6.2  Ovens being charged or being pushed.
    5.6.3  Up to 3 full ovens that have been dampered off from the main 
prior to pushing.
    5.6.4  Up to 3 additional full ovens in the pushing sequence that 
have been dampered off from the main for offtake system cleaning, for 
decarbonization, for safety reasons, or when a charging/pushing schedule 
involves widely separated ovens (e.g., a Marquard system); or that have 
been dampered off from the main for maintenance near the end of the 
coking cycle. Examples of reasons that ovens are dampered off for safety 
reasons are to avoid exposing workers in areas with insufficient 
clearance between standpipes and the larry car, or in areas where 
workers could be exposed to flames or hot gases from open standpipes, 
and to avoid the potential for removing a door on an oven that is not 
dampered off from the main.
    5.6.5  Topside Port Lids. Determine the percent leaking topside port 
lids for each run as follows:

[[Page 1100]]

[GRAPHIC] [TIFF OMITTED] TR27OC93.012

where

PLL=Percent leaking topside port lids for the run;
PVE=Number of topside port lids with VE;
Povn=Number of ports per oven;
N=Total number of ovens in the battery;
Ni=Number of inoperable ovens; and
PNO=Number of ports not observed.

    5.6.5.1  Round off this percentage to the nearest hundredth of 1 
percent and record this percentage as the percent leaking topside port 
lids for the run.
    5.6.5.2  30-day Rolling Average. For each day on which a valid daily 
observation is obtained, calculate the daily 30-day rolling average for 
each battery using these data and the 29 previous valid daily 
observations, in accordance with the following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.013


[[Page 1101]]


    5.6.6  Offtake Systems. Determine the percent leaking offtake 
systems for the run as follows:

where
[GRAPHIC] [TIFF OMITTED] TR27OC93.014

 PLO=Percent leaking offtake systems;
TVE=Number of offtake systems with VE;
Tovn=Number of offtake systems (excluding jumper pipes) per oven;
N=Total number of ovens in the battery;
Ni=Total number of inoperable ovens;
TNO=Number of offtake systems not observed; and
J=Number of stationary jumper pipes.

    5.6.6.1  Round off this percentage to the nearest hundredth of 1 
percent and record this percentage as the percent leaking offtake 
systems for the run.
    5.6.6.2  30-day Rolling Average. For each day on which a valid daily 
observation is obtained, calculate the daily 30-day rolling average for 
each battery using these data and the 29 previous valid daily 
observations, in accordance with the following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.015

    6. Procedure for Determining VE From Collecting Mains
    6.1  Traverse. To perform a test run, traverse both the collecting 
main catwalk and the battery topside along the side closest to the 
collecting main. If the battery has a double main, conduct two sets of 
traverses for each run, i.e., one set for each main.
    6.2  Data Recording. Upon noting VE from any portion of a collection 
main, identify the source and approximate location of the source of VE 
and record the time under ``Collecting main'' on Figure 303-3; then 
resume the traverse.
    6.3  Collecting Main Pressure Check. After the completion of the 
door traverse, the topside port lids, and offtake systems, compare the 
collecting main pressure during the inspection to the collecting main 
pressure during the previous 8 to 24 hours. Record the following: (a) 
The pressure during inspection, (b) presence of pressure deviation from 
normal operations, and (c) the explanation for any pressure deviation 
from normal operations, if any, offered by the operators. The owner or 
operator of the coke battery shall maintain the pressure recording 
equipment and conduct the quality assurance/quality control (QA/QC) 
necessary to ensure reliable pressure readings and shall keep the QA/QC 
records for at least 6 months. The observer, 
my periodically check the QA/QC records to determine their completeness. 
The owner or operator shall provide access to the records within 1 hour 
of an observer's request.

                             7. Bibliography

    1. Missan, R., and A. Stein. Guidelines for Evaluation of Visible 
Emissions Certification, Field Procedures, Legal Aspects, and Background 
Material. U.S. Environmental Protection Agency. EPA Publication No. EPA-
340/1-75-007. April 1975.
    2. Wohlschlegel, P., and D.E. Wagoner. Guideline for Development of 
a Quality Assurance Program: Volume IX--Visual Determination of Opacity 
Emission from Stationary Sources. U.S. Environmental Protection Agency. 
EPA Publication No. EPA-650/4-005i. November 1975.
    3. U.S. Occupational Safety and Health Administration. Code of 
Federal Regulations. Title 29, chapter XVII, Sec. 1910.1029(g). 
Washington, DC Government Printing Office. July 1, 1990.
    4. U.S. Environmental Protection Agency. National Emission Standards 
for Hazardous Air Pollutants; Coke Oven Emissions from Wet-Coal Charged 
By-Product Coke Oven Batteries; Proposed Rule and Notice of Public 
Hearing. Washington, DC Federal Register. Vol. 52, No. 78 (13586). April 
23, 1987.

[[Page 1102]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.060



[[Page 1103]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.061



[[Page 1104]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.062



[[Page 1105]]

 Method 303A--Determination of Visible Emissions From Nonrecovery Coke 
                             Oven Batteries

                     1. Applicability and Principle

    1.1  Applicability. This method determines percent leaking doors.
    1.2  Principle. A certified observer visually determines the VE from 
coke oven battery sources. This method does not require that opacity of 
emissions be determined or that magnitude be differentiated.
    1.3  Definitions.
    1.3.1  Bench. The platform structure in front of the oven doors.
    1.3.2  Nonrecovery Coke Oven Battery. A source consisting of a group 
of ovens connected by common walls and operated as a unit, where coal 
undergoes destructive distillation under negative pressure to produce 
coke, and which is designed for the combustion of coke oven gas from 
which by-products are not recovered.
    1.3.3  Coke Oven Door. Each end enclosure on the pusher side and the 
coking side of an oven.
    1.3.4  Coke Side. The side of a battery from which the coke is 
discharged from ovens at the end of the coking cycle.
    1.3.5  Operating Oven. Any oven not out of operation for rebuild or 
maintenance work extensive enough to require the oven to be skipped in 
the charging sequence.
    1.3.6  Oven. A chamber in the coke oven battery in which coal 
undergoes destructive distillation to produce coke.
    1.3.7  Push Side. The side of the battery from which the coke is 
pushed from ovens at the end of the coking cycle.
    1.3.8  Run. The observation of visible emissions from coke oven 
doors in accordance with the procedures in this method.
    1.3.9  Shed. An enclosure that covers the side of the coke oven 
battery, captures emissions from pushing operations and from leaking 
coke oven doors on the coke side or pusher side of the coke oven 
battery, and routes the emissions to a control device or system.

                               2. Training

    2.1  Training. This method requires only the determination of 
whether VE occur and does not require the determination of opacity 
levels; therefore, observer certification according to Method 9 in 
appendix A to part 60 of this chapter is not required. However, the 
first-time observer (trainee) shall have attended the lecture portion of 
the Method 9 certification course. Furthermore, before conducting any VE 
observations, an observer shall become familiar with nonrecovery coke 
oven battery operations and with this test method by observing for a 
minimum of 4 hours the operation of a nonrecovery coke oven battery.

        3. Procedure for Determining VE From Coke Oven Door Areas

    The intent of this procedure is to determine VE from coke oven door 
areas by carefully observing the door area while walking at a normal 
pace.
    3.1  Number of Runs. Refer to Sec. 63.309(c)(1) of this part for the 
appropriate number of runs.
    3.2  Battery Traverse. To conduct a battery traverse, walk the 
length of the battery on the outside of the pusher machine and quench 
car tracks at a steady, normal walking pace, pausing to make appropriate 
entries on the door area inspection sheet (Figure 303A-1). A single test 
run consists of two timed traverses, one for the coke side and one for 
the push side.
    3.2.1  Various situations may arise that will prevent the observer 
from viewing a door or a series of doors. The observer has two options 
for dealing with obstructions to view: (a) Wait for the equipment to 
move or the fugitive emissions to dissipate before completing the 
traverse; or (b) skip the affected ovens and move to a position to 
continue the traverse. Continue the traverse. After the completion of 
the traverse, if the equipment has moved or the fugitive emissions have 
dissipated, complete the traverse by inspecting the affected doors. 
Record the oven numbers and make an appropriate notation under 
``Comments'' on the door area inspection sheet (Figure 303A-1).
    3.2.2  When batteries have sheds to control pushing emissions, 
conduct the inspection from outside the shed, if the shed allows such 
observations, or from the bench. Be aware of special safety 
considerations pertinent to walking on the bench and follow the 
instructions of company personnel on the required equipment and 
operations procedures. If possible, conduct the bench traverse whenever 
the bench is clear of the door machine and hot coke guide.
    3.3  Observations. Record all the information requested at the top 
of the door area inspection sheet (Figure 303A-1), including the number 
of inoperable ovens. Record which side is being inspected, i.e., coke 
side or push side. Other information may be recorded at the discretion 
of the observer, such as the location of the leak (e.g., top of the 
door), the reason for any interruption of the traverse, or the position 
of the sun relative to the battery and sky conditions (i.e., overcast, 
partly sunny, etc.).
    3.3.1  Begin the test run by traversing either the coke side or the 
push side of the battery. After completing one side, traverse the other 
side.
    3.3.2  During the traverse, look around the entire perimeter of each 
oven door. The door is considered leaking if VE are detected in the coke 
oven door area. The coke oven door area includes the entire area on the 
vertical

[[Page 1106]]

face of a coke oven between the bench and the top of the battery. Record 
the oven number and make the appropriate notation on the door area 
inspection sheet (Figure 303A-1).
    3.3.3  Do not record the following sources as door area VE:
    3.3.3.1  VE from ovens with doors removed. Record the oven number 
and make an appropriate notation under ``Comments;''
    3.3.3.2  VE from ovens where maintenance work is being conducted. 
Record the oven number and make an appropriate notation under 
``Comments;'' or
    3.3.3.3  VE from hot coke that has been spilled on the bench as a 
result of pushing.
    3.4  Calculations for percent leaking doors (PLD). Determine the 
total number of doors for which observations were made on the coke oven 
battery as follows:
[GRAPHIC] [TIFF OMITTED] TR27OC93.016

where

Dob=Total number of doors observed on operating ovens;
Di=Number of doors on nonoperating ovens;
Dno=Number of doors not observed; and
N=Total number of ovens in the battery.

    3.4.1  For each test run (one run includes both the coke side and 
the push side traverses), sum the number of doors with door area VE.

    Note: Multiple VE from the same door area are counted as only one 
emitting door, not as multiple emitting doors.

    3.4.2  Calculate percent leaking doors by using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.017

where

PLD=Percent leaking doors for the test run;
Ly=Number of doors with VE observed from the yard; and
Dob=Total number of doors observed on operating ovens.

    3.4.3  When traverses are conducted from the bench under sheds, 
calculate the coke side and the push side reading separately. Use the 
following equation to calculate a yard-equivalent reading for the coke 
side:
[GRAPHIC] [TIFF OMITTED] TR27OC93.018

    where

N=Total number of ovens on the battery;
Lb=Yard-equivalent reading; and
Ls=Number of doors with VE observed from the bench under sheds.

    If Lb is less than zero, use zero for Lb in Equation 303A-
4 in the calculation of PLD.
    3.4.3.1  Use the following equation to calculate PLD:
    [GRAPHIC] [TIFF OMITTED] TR27OC93.019
    
    where

PLD=Percent leaking coke oven doors for the run;
Lb=Yard equivalent reading;
Ly=Number of doors with VE observed from the yard on the push side; 
          and
Dob=Total number of doors observed on operating ovens.

    Round off PLD to the nearest hundredth of 1 percent and record as 
the percent leaking coke oven doors for the run.
    3.4.3.2  30-day Rolling Average. For each day on which a valid 
observation is obtained, calculate the daily 30-day rolling average for 
each battery using these data and the 29 previous valid daily 
observations, in accordance with the following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.020

                             4. Bibliography

    1. Missan, R., and A. Stein. Guidelines for Evaluation of Visible 
Emissions Certification, Field Procedures, Legal Aspects, and Background 
Material. U.S. Environmental Protection Agency. EPA Publication No. EPA-
340/1-75-007. April 1975.
    2. Wohlschlegel, P., and D.E. Wagoner. Guideline for Development of 
a Quality Assurance Program: Volume IX--Visual Determination of Opacity 
Emission from Stationary Sources. U.S. Environmental Protection Agency. 
EPA Publication No. EPA-650/4-005i. November 1975.
    3. U.S. Occupational Safety and Health Administration. Code of 
Federal Regulations. Title 29, chapter XVII, Sec. 1910.1029(g). 
Washington, DC Government Printing Office. July 1, 1990.
    4. U.S. Environmental Protection Agency. National Emission Standards 
for Hazardous Air Pollutants; Coke Oven Emissions from Wet-Coal Charged 
By-Product Coke Oven

[[Page 1107]]

Batteries; Proposed Rule and Notice of Public Hearing. Washington, DC 
Federal Register. Vol. 52, No. 78 (13586). April 23, 1987.

[[Page 1108]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.063



[[Page 1109]]

Method 304A: Determination of Biodegradation Rates of Organic Compounds 
                              (Vent Option)

                     1. Applicability and Principle

    1.1  Applicability. This method is applicable for the determination 
of biodegradation rates of organic compounds in an activated sludge 
process. The test method is designed to evaluate the ability of an 
aerobic biological reaction system to degrade or destroy specific 
components in waste streams. The method may also be used to determine 
the effects of changes in wastewater composition on operation. The 
biodegradation rates determined by utilizing this method are not 
representative of a full-scale system. The rates measured by this method 
shall be used in conjunction with the procedures listed in Appendix C of 
this part to calculate the fraction emitted to the air versus the 
fraction biodegraded.
    1.2  Principle. A self-contained benchtop bioreactor system is 
assembled in the laboratory. A sample of mixed liquor is added and the 
waste stream is then fed continuously. The bioreactor is operated under 
conditions identical to the target full-scale activated sludge process. 
Bioreactor temperature, dissolved oxygen concentration, average 
residence time in the reactor, waste composition, biomass concentration, 
and biomass composition of the full-scale process are the parameters 
which are duplicated in the laboratory system. If antifoaming agents are 
used in the full-scale system, they shall also be used in the 
bioreactor. The feed flowing into the reactor and the effluent exiting 
the reactor are analyzed to determine the biodegradation rates of the 
target compounds. The flow rate of the exit vent is used to calculate 
the concentration of target compounds (utilizing Henry's law) in the 
exit gas stream. If Henry's law constants for the compounds of interest 
are not known, this method cannot be used in the determination of the 
biodegradation rate and Method 304B is the suggested method. The choice 
of analytical methodology for measuring the compounds of interest at the 
inlet and outlet to the reactor are left to the discretion of the 
source, except where validated methods are available.

                              2. Apparatus

    Figure 1 illustrates the typical laboratory apparatus used to 
measure biodegradation rates. Throughout the testing period, ensure that 
the bioreactor system is self-contained and isolated from the atmosphere 
(except for the exit vent stream) by leak-checking fittings, tubing, 
etc.
    2.1  Laboratory apparatus.
    2.1.1  Reactor. The biological reaction is conducted in a conical 6-
L glass biological oxidation reactor. The reactor is sealed and equipped 
with internal probes to control and monitor dissolved oxygen and 
internal temperature. The top of the reactor is tapped for aerators, gas 
flow ports, and instrumentation (while ensuring that no leaks to the 
atmosphere exist around the fittings).

[[Page 1110]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.064



[[Page 1111]]

    2.1.2  Aeration gas. Aeration gas is added to the reactor through 
three diffusers, which are glass tubes (4 mm O.D.) that extend to the 
bottom fifth of the reactor depth. A pure oxygen pressurized cylinder is 
recommended in order to maintain the specified oxygen concentration. 
Install a blower (Diaphragm Type, 15 SCFH capacity) to blow the aeration 
gas into the reactor diffusers. Measure the aeration gas flow rate with 
a rotameter (0-15 SCFH recommended). The aeration gas will rise through 
the reactor, dissolving oxygen into the mixture in the process. The 
aeration gas must provide sufficient agitation to keep the solids in 
suspension. Provide an exit for the aeration gas from the top flange of 
the reactor through a water-cooled Allihn-type condenser. Install the 
condenser through a gas-tight fitting in the reactor closure. Install a 
splitter which directs a portion of the gas to an exit vent and the rest 
of the gas through an air recycle pump back to the reactor. Monitor and 
record the flow rate through the exit vent at least 3 times per day 
throughout the day.
    2.1.3  Wastewater Feed. Supply the wastewater feed to the reactor in 
a 20-L collapsible low-density polyethylene container equipped with a 
spigot cap (collapsible containers of other material may be required due 
to the permeability of some volatile compounds through polyethylene). 
Obtain the wastewater feed by sampling the wastewater feed in the target 
process. A representative sample of wastewater shall be obtained from 
the piping leading to the aeration tank. This sample may be obtained 
from existing sampling valves at the discharge of the wastewater feed 
pump, or collected from a pipe discharging to the aeration tank, or by 
pumping from a well-mixed equalization tank upstream from the aeration 
tank. Alternatively, wastewater can be pumped continuously to the 
laboratory apparatus from a bleed stream taken from the equalization 
tank of the full-scale treatment system.
    2.1.3.1  Refrigeration System. Keep the wastewater feed cool by ice 
or by refrigeration to 4  deg.C. If using a bleed stream from the 
process, refrigeration is not required if the residence time in the 
bleed stream is less than five minutes.
    2.1.3.2  Wastewater Feed Pump. The wastewater is pumped from the 
refrigerated container using a variable-speed peristaltic pump drive 
equipped with a peristaltic pump head. Add the feed solution to the 
reactor through a fitting on the top flange. Determine the rate of feed 
addition to provide a retention time in the bioreactor that is 
numerically equivalent to the retention time in the full-scale system. 
The wastewater shall be fed at a rate sufficient to achieve 90 to 100 
percent of the full-scale system residence time.
    2.1.3.3  Treated wastewater feed. The reactor effluent exits at the 
bottom of the reactor through a tube and proceeds to the clarifier.
    2.1.4  Clarifier. The effluent flows to a clarifier constructed from 
a 2-liter pear-shaped glass separatory funnel, modified by removing the 
stopcock and adding a 25-mm OD glass tube at the bottom. Reactor 
effluent enters the clarifier through a tube inserted to a depth of 0.08 
m (3 in.) through a stopper at the top of the clarifier. System effluent 
flows from a tube inserted through the stopper at the top of the 
clarifier to a drain (or sample bottle when sampling). The underflow 
from the clarifier leaves from the glass tube at the bottom of the 
clarifier through an o-ring fitting and a reducer. Flexible tubing 
connects this fitting to the sludge recycle pump. This pump is coupled 
to a variable speed pump drive. The discharge from this pump is returned 
through a tube inserted in a port on the side of the reactor. An 
additional port is provided near the bottom of the reactor for sampling 
the reactor contents. The mixed liquor from the reactor flows into the 
center of the clarifier. The clarified system effluent separates from 
the biomass and flows through an exit near the top of the clarifier. 
There shall be no headspace in the clarifier. Optional Clarifier Design: 
An internal clarifier may be used instead of the external clarifier 
described here as long as the biomass concentration is maintained to 
method specifications.
    2.1.5  Temperature Control Apparatus. Capable of maintaining the 
system at a temperature equal to the temperature of the full-scale 
system, 2  deg.C.
    2.1.5.1  Temperature Monitoring Device. A resistance type 
temperature probe or a thermocouple connected to a temperature readout 
with a resolution of 0.1  deg.C.
    2.1.5.2  Reactor Heater. The heater is connected to the temperature 
control device.
    2.1.6  Oxygen Control System. Maintain the dissolved oxygen 
concentration at the levels present in the full-scale system, 
0.5 mg/L.
    2.1.6.1  Dissolved Oxygen Monitor. Dissolved oxygen is monitored 
with a polarographic probe (gas permeable membrane) connected to a 
dissolved oxygen meter (0 to 15 mg/L, 0 to 50  deg.C).
    2.1.6.2  Reactor Pressure Monitor. The reactor pressure is monitored 
through a port in the top flange of the reactor. This is connected to a 
gauge control with a span of 13-cm water vacuum to 13-cm water pressure. 
A relay is activated when the vacuum exceeds an adjustable setpoint 
which opens a solenoid valve (normally closed), admitting oxygen to the 
system. The vacuum setpoint controlling oxygen addition to the system 
shall be set at approximately 2.5  0.5 cm water and 
maintained at this setting except during

[[Page 1112]]

brief periods when the dissolved oxygen concentration is adjusted.
    2.1.7  Connecting Tubing. All connecting tubing shall be Teflon or 
equivalent in impermeability. The only exception to this specification 
is the tubing directly inside the pump head of the wastewater feed pump, 
which may be Viton, Silicone or another type of flexible tubing.
    2.2  Analysis. If the identity of the compounds of interest in the 
wastewater is not known to the source, a representative sample of the 
wastewater shall be analyzed in order to identify all of the compounds 
of interest present. A gas chromatography/mass spectrometry screening 
method is recommended.
    2.2.1  After identifying the compounds of interest in the 
wastewater, develop an analytical technique capable of measuring all of 
those compounds (more than one analytical technique may be required, 
depending on the characteristics of the wastewater). Test Method 18, 
found in Appendix A of 40 CFR part 60, may be used as a guideline in 
developing the analytical technique. Purge and trap techniques may be 
used for analysis providing the target components are sufficiently 
volatile as to make this technique appropriate. The limit of 
quantitation for each compound shall be determined.\1\ If the effluent 
concentration of any target compound is below the limit of quantitation 
determined for that compound, use the limit of quantitation 
concentration as the outlet concentration for that compound in the 
biodegradation calculations.
    2.2.2  Calibration Standards. Prepare calibration standards from 
pure certified standards in an aqueous medium. Prepare and analyze three 
concentrations of calibration standards for each target component (or 
for a mixture of components) in triplicate daily throughout the analyses 
of the test samples. At each concentration level, a single calibration 
shall be within 5 percent of the average of the three calibration 
results. The low and medium calibration standards shall bracket the 
expected concentration of the effluent (treated) wastewater. The medium 
and high standards shall bracket the expected influent concentration.
    2.3  Audit Analysis. Analyze a performance audit sample during every 
compliance test, if an audit sample is available. Audit availability 
information may be obtained by contacting the Emission Measurement 
Technical Information Center at (919) 541-2237. Use the same analytical 
equipment and analyst used in conducting the compliance test to conduct 
the audit analysis.

                               3. Reagents

    3.1  Wastewater. Obtain a representative sample of wastewater at the 
inlet to the full-scale treatment plant if there is an existing full-
scale treatment plant (See Section 2.1.3). If there is no existing full-
scale treatment plant, obtain the wastewater sample as close to the 
point of generation as possible. Collect the sample by pumping the 
wastewater into the 20-L collapsible container. The loss of volatiles 
shall be minimized from the wastewater by collapsing the container 
before filling, by minimizing the time of filling, and by avoiding a 
headspace in the container after filling. If the wastewater requires the 
addition of nutrients to support the biomass growth and maintain biomass 
characteristics, those nutrients are added and mixed with the container 
contents after the container is filled.
    3.2  Biomass. Obtain the biomass or activated sludge used for rate 
constant determination in the bench-scale process from the existing 
full-scale process or from a representative biomass culture that has 
been developed for a future full-scale process. This biomass is 
preferentially obtained from a thickened acclimated mixed liquor sample. 
Collect the sample either by bailing from the mixed liquor in the 
aeration tank with a weighted container, or by collecting aeration tank 
effluent at the effluent overflow weir. Transport the sample to the 
laboratory within 12 hours of collection. Maintain the biomass 
concentration in the reactor at the level of the full-scale system 
10 percent throughout the sampling period of the test 
method.

                              4. Procedure.

    Safety Note: If explosive gases are produced as a byproduct of 
biodegradation, closely monitor headspace concentration of these gases 
to ensure laboratory safety. Placement of bioreactor system inside a 
laboratory hood is recommended regardless of byproducts produced.
    4.1  Reactor Operation. Charge the mixed liquor to the reactor, 
minimizing headspace over the liquid surface to minimize entrainment of 
mixed liquor in the circulating gas. Fasten the reactor headplate to the 
reactor over the liquid surface. Maintain the temperature of the 
contents of the laboratory reactor system at the temperature of the 
full-scale system, 2  deg.C, throughout the testing period. 
Monitor and record the temperature of the reactor contents to the 
nearest 0.1  deg.C.
    4.1.1  Wastewater Storage. Collect the wastewater sample in the 20-L 
collapsible container. Store the container at 4  deg.C throughout the 
testing period. Connect the container to the reactor feed pump.
    4.1.2  Wastewater Flow Rate. The hydraulic residence time of the 
aeration tank is calculated as the ratio of the volume of the tank (L) 
to the flow rate (L/min). At the beginning of a test the container shall 
be connected to the feed pump and solution pumped to the reactor at the 
required flow rate to achieve the calculated hydraulic residence time of 
the aeration tank.

[[Page 1113]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.295


where:

Qtest=wastewater flow rate (L/min)
Qfs=average flow rate of full-scale process (L/min)
Vfs=volume of full-scale aeration tank (L)

    The flow rate in the test apparatus is the same as the flow rate in 
the full-scale process multiplied by the ratio of bioreactor volume (6 
L) to the volume of the full-scale aeration tank. The hydraulic 
residence time shall be maintained at 90 to 100 percent of the residence 
time maintained in the full-scale unit. A nominal flow rate is set on 
the pump based on a pump calibration. Changes in the elasticity of the 
tubing in the pump head and the accumulation of material in the tubing 
affect this calibration. The nominal pumping rate shall be changed as 
necessary based on volumetric flow measurements. Discharge the reactor 
effluent to a wastewater storage, treatment, or disposal facility, 
except during sampling or flow measurement periods.

    4.1.3  Sludge Recycle Rate. Set the sludge recycle rate at a rate 
sufficient to prevent accumulation in the bottom of the clarifier. Set 
the air circulation rate sufficient to maintain the biomass in 
suspension.
    4.1.4  Bioreactor Operation and Maintenance. Temperature, dissolved 
oxygen concentration, exit vent flow rate, reactor effluent flow rate, 
and air circulation rate shall be measured and recorded three times 
throughout each day of reactor operation. If other parameters (such as 
pH) are measured and maintained in the full-scale unit, these parameters 
shall be monitored and maintained to full-scale specifications in the 
bioreactor. At the beginning of each sampling period (Section 4.2), 
sample the reactor contents for suspended solids analysis. Take this 
sample by loosening a clamp on a length of tubing attached to the lower 
side port. Determine the suspended solids determination gravimetrically 
by the Gooch crucible/glass fiber filter method for total suspended 
solids, in accordance with Standard Methods 3 or equivalent. When 
necessary, sludge shall be wasted from the lower side port of the 
reactor, and the volume that is wasted shall be replaced with an equal 
volume of the reactor effluent. Add thickened activated sludge mixed 
liquor as necessary to the reactor to increase the suspended solids 
concentration to the desired level. Pump this mixed liquor to the 
reactor through the upper side port (Item 24 in Figure 1). Change the 
membrane on the dissolved oxygen probe before starting the test. 
Calibrate the oxygen probe immediately before the start of the test and 
each time the membrane is changed.
    4.1.5  Inspection and Correction Procedures. If the feed line tubing 
becomes clogged, replace with new tubing. If the feed flow rate is not 
within 5 percent of target flow any time the flow rate is measured, 
reset pump and measure flow rate again until target flow rate is 
achieved.
    4.2  Test Sampling. Two and one half hydraulic residence times after 
the system has reached the targeted specifications shall be permitted to 
elapse before the first sample is taken. Effluent samples of the 
clarifier discharge (Item 20 in Figure 1) and the influent wastewater 
feed are collected in 40-mL septum vials to which two drops of 1:10 
hydrochloric acid (HCl) in water have been added. Sample the clarifier 
discharge directly from the drain line. These samples will be composed 
of the entire flow from the system for a period of several minutes. Feed 
samples shall be taken from the feed pump suction line after temporarily 
stopping the reactor feed, removing a connector, and squeezing the 
collapsible feed container. Store both influent and effluent samples at 
4  deg.C immediately after collection and analyze within 8 hours of 
collection.
    4.2.1  Frequency of Sampling. During the test, sample and analyze 
the wastewater feed and the clarifier effluent at least six times. The 
sampling intervals shall be separated by at least 8 hours. During any 
individual sampling interval, sample the wastewater feed simultaneously 
with or immediately after the effluent sample. Calculate the relative 
standard deviation (RSD) of both the influent and effluent sample 
concentrations. Both RSD values shall be  15 percent. If an 
RSD value is > 15 percent, continue sampling and analyzing influent and 
effluent sets of samples until the RSD values are within specifications.
    4.2.2  Sampling After Exposure of System to Atmosphere. If, after 
starting sampling procedures, the bioreactor system is exposed to the 
atmosphere (due to leaks, maintenance, etc.), allow at least one 
hydraulic residence time to elapse before resuming sampling.

                  5. Operational Checks and Calibration

    5.1  Dissolved Oxygen. Fluctuation in dissolved oxygen concentration 
may occur for numerous reasons, including undetected gas leaks, 
increases and decreases in mixed liquor suspended solids resulting from 
cell growth and solids loss in the effluent stream, changes in diffuser 
performance, cycling of effluent flow rate, and overcorrection due to 
faulty or sluggish dissolved oxygen probe response. Control the 
dissolved oxygen concentration in the reactor by changing the

[[Page 1114]]

proportion of oxygen in the circulating aeration gas. Should the 
dissolved oxygen concentration drift below the designated experimental 
condition, bleed a small amount of aeration gas from the system on the 
pressure side (i.e., immediately upstream of one of the diffusers). This 
will create a vacuum in the system, triggering the pressure sensitive 
relay to open the solenoid valve and admit oxygen to the system. Should 
the dissolved oxygen concentration drift above the designated 
experimental condition, stop the oxygen input to the system until the 
dissolved oxygen concentration approaches the correct level.
    5.2  Sludge Wasting. Determine the suspended solids concentration 
(Section 4.1.4) at the beginning of a test, and once per day thereafter 
during the test. If the test is completed within a two day period, 
determine the suspended solids concentration after the final sample set 
is taken. If the suspended solids concentration exceeds the specified 
concentration, remove a fraction of the sludge from the reactor. The 
required volume of mixed liquor to remove is determined as follows:

 [GRAPHIC] [TIFF OMITTED] TR22AP94.296

where

Vw is the wasted volume (Liters),
Vr is the volume of the reactor (6 Liters),
Sm is the measured solids (g/L), and
Ss is the specified solids (g/L).

Remove the mixed liquor from the reactor by loosening a clamp on the 
mixed liquor sampling tube and allowing the required volume to drain to 
a graduated flask. Clamp the tube when the correct volume has been 
wasted. Replace the volume of the liquid wasted by pouring the same 
volume of effluent back into the bioreactor. Dispose of the waste sludge 
properly.
    5.3  Sludge Makeup. In the event that the suspended solids 
concentration is lower than the specifications, add makeup sludge back 
into the bioreactor. Determine the amount of sludge added by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.297

where
    Vw is the volume of sludge to add (Liters),
    Vr is the volume of the reactor (6 Liters),
    Sw is the solids in the makeup sludge (g/L),
    Sm is the measured solids (g/L), and
    Ss is the specified solids (g/L).
    5.4  Wastewater Pump Calibration. Determine the wastewater flow rate 
by collecting the system effluent for a time period of at least one 
hour, and measuring the volume with a graduated cylinder. Record the 
collection time period and volume collected. Determine flow rate. Adjust 
the pump speed to deliver the specified flow rate.

                             6. Calculations

    6.1  Nomenclature. The following symbols are used in the 
calculations.
    Ci=Average inlet feed concentration for a compound of interest, 
as analyzed (mg/L)
    Co=Average outlet (effluent) concentration for a compound of 
interest, as analyzed (mg/L)
    X=Biomass concentration, mixed liquor suspended solids (g/L)
    t=Hydraulic residence time in the reactor (hours)
    V=Volume of the bioreactor (6L)
    Q=Flow rate of wastewater into the reactor, average (L/hour)
    6.2  Residence Time. The hydraulic residence time of the reactor is 
equal to the ratio of the volume of the reactor (L) to the flow rate (L/
h)
[GRAPHIC] [TIFF OMITTED] TR22AP94.298

    6.3  Rate of Biodegradation. Calculate the rate of biodegradation 
for each component with the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.299

    6.4  First-Order Biorate Constant. Calculate the first-order biorate 
constant (K1) for each component with the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.300

    6.5  Relative Standard Deviation (RSD). Determine the standard 
deviation of both the influent and effluent sample concentrations (S) 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.301

    6.6  Determination of Percent Air Emissions and Percent Biodegraded. 
Use the results from this test method and follow the applicable 
procedures in Appendix C of 40 CFR part 63, entitled, ``Determination of 
the

[[Page 1115]]

Fraction Biodegraded (Fbio) in a Biological Treatment Unit'' to 
determine Fbio.

                             7. Bibliography

    1. ``Guidelines for data acquisition and data quality evaluation in 
Environmental Chemistry'', Daniel MacDoughal, Analytical Chemistry, 
Volume 52, p. 2242, 1980.
    2. Test Method 18, 40 CFR part 60, Appendix A.
    3. Standard Methods for the Examination of Water and Wastewater, 
16th Edition, Method 209C, Total Suspended Solids Dried at 103-105 
deg.C, APHA, 1985.
    4. Water7, Hazardous Waste Treatment, Storage, and Disposal 
Facilities (TSDF)--Air Emission Models, U.S. Environmental Protection 
Agency, EPA-450/3-87-026, Review Draft, November 1989.
    5. Chemdat7, Hazardous Waste Treatment, Storage, and Disposal 
Facilities (TSDF)--Air Emission Models, U.S. Environmental Protection 
Agency, EPA-450/3-87-026, Review Draft, November 1989.

Method 304B: Determination of Biodegradation Rates of Organic Compounds 
                            (Scrubber Option)

                     1. Applicability and Principle

    1.1  Applicability. This method is applicable for the determination 
of biodegradation rates of organic compounds in an activated sludge 
process. The test method is designed to evaluate the ability of an 
aerobic biological reaction system to degrade or destroy specific 
components in waste streams. The method may also be used to determine 
the effects of changes in wastewater composition on operation. The 
biodegradation rates determined by utilizing this method are not 
representative of a full-scale system. Full-scale systems embody 
biodegradation and air emissions in competing reactions. This method 
measures biodegradation in absence of air emissions. The rates measured 
by this method shall be used in conjunction with the procedures listed 
in appendix C of this part to calculate the fraction emitted to the air 
versus the fraction biodegraded.
    1.2  Principle. A self-contained benchtop bioreactor system is 
assembled in the laboratory. A sample of mixed liquor is added and the 
waste stream is then fed continuously. The bioreactor is operated under 
conditions identical to the target full-scale activated sludge process, 
except that air emissions are not a factor. Bioreactor temperature, 
dissolved oxygen concentration, average residence time in the reactor, 
waste composition, biomass concentration, and biomass composition of the 
full-scale process are the parameters which are duplicated in the 
laboratory system. If antifoaming agents are used in the full-scale 
system, they shall also be used in the bioreactor. The feed flowing into 
the reactor and the effluent exiting the reactor are analyzed to 
determine the biodegradation rates of the target compounds. The choice 
of analytical methodology for measuring the compounds of interest at the 
inlet and outlet to the reactor are left to the discretion of the 
source, except where validated methods are available.

                              2. Apparatus

    Figure 1 illustrates the typical laboratory apparatus used to 
measure biodegradation rates. Throughout the testing period, ensure that 
the bioreactor system is self-contained and isolated from the atmosphere 
by leak-checking fittings, tubing, etc.

[[Page 1116]]



                    EPA METHOD 304B BIOREACTOR SYSTEM


[GRAPHIC] [TIFF OMITTED] TC01MY92.065

    2.1  Laboratory apparatus.
    2.1.1  Reactor. The biological reaction is conducted in a conical 6-
L glass biological oxidation reactor. The reactor is sealed and equipped 
with internal probes to control and monitor dissolved oxygen and 
internal temperature. The top of the reactor is tapped for aerators, gas 
flow ports, and instrumentation (while ensuring that no leaks to the 
atmosphere exist around the fittings).
    2.1.2  Aeration gas. Aeration gas is added to the reactor through 
three diffusers, which are glass tubes (4 mm O.D.) that extend to the 
bottom fifth of the reactor depth. A pure oxygen pressurized cylinder is 
recommended in order to maintain the specified oxygen

[[Page 1117]]

concentration. Install a blower (Diaphragm Type, 15 SCFH capacity) to 
blow the aeration gas into the reactor diffusers. Measure the aeration 
gas flow rate with a rotameter (0-15 SCFH recommended). The aeration gas 
will rise through the reactor, dissolving oxygen into the mixture in the 
process. The aeration gas must provide sufficient agitation to keep the 
solids in suspension. Provide an exit for the aeration gas from the top 
flange of the reactor through a water-cooled Allihn-type condenser. 
Install the condenser through a gas-tight fitting in the reactor 
closure. Design the system so that at least 10 percent of the gas flows 
through an alkaline scrubber containing 175 mL of 45 percent by weight 
solution of potassium hydroxide (KOH) and 5 drops of 0.2 percent 
alizarin yellow dye. Route the balance of the gas through an adjustable 
scrubber bypass. Route all of the gas through a 1-L knock-out flask to 
remove entrained moisture and then to the intake of the blower. The 
blower recirculates the gas to the reactor.
    2.1.3  Wastewater Feed. Supply the wastewater feed to the reactor in 
a 20-L collapsible low-density polyethylene container equipped with a 
spigot cap (collapsible containers of other material may be required due 
to the permeability of some volatile compounds through polyethylene). 
Obtain the wastewater feed by sampling the wastewater feed in the target 
process. A representative sample of wastewater shall be obtained from 
the piping leading to the aeration tank. This sample may be obtained 
from existing sampling valves at the discharge of the wastewater feed 
pump, or collected from a pipe discharging to the aeration tank, or by 
pumping from a well-mixed equalization tank upstream from the aeration 
tank. Alternatively, wastewater can be pumped continuously to the 
laboratory apparatus from a bleed stream taken from the equalization 
tank of the full-scale treatment system.
    2.1.3.1  Refrigeration System. Keep the wastewater feed cool by ice 
or by refrigeration to 4  deg.C. If using a bleed stream from the 
process, refrigeration is not required if the residence time in the 
bleed stream is less than five minutes.
    2.1.3.2  Wastewater Feed Pump. The wastewater is pumped from the 
refrigerated container using a variable-speed peristaltic pump drive 
equipped with a peristaltic pump head. Add the feed solution to the 
reactor through a fitting on the top flange. Determine the rate of feed 
addition to provide a retention time in the bioreactor that is 
numerically equivalent to the retention time in the full-scale system. 
The wastewater shall be fed at a rate sufficient to achieve 90 to 100 
percent of the full-scale system residence time.
    2.1.3.3  Treated wastewater feed. The reactor effluent exits at the 
bottom of the reactor through a tube and proceeds to the clarifier.
    2.1.4  Clarifier. The effluent flows to a clarifier constructed from 
a 2-liter pear-shaped glass separatory funnel, modified by removing the 
stopcock and adding a 25-mm OD glass tube at the bottom. Reactor 
effluent enters the clarifier through a tube inserted to a depth of 0.08 
m (3 in.) through a stopper at the top of the clarifier. System effluent 
flows from a tube inserted through the stopper at the top of the 
clarifier to a drain (or sample bottle when sampling). The underflow 
from the clarifier leaves from the glass tube at the bottom of the 
clarifier through an o-ring fitting and a reducer. Flexible tubing 
connects this fitting to the sludge recycle pump. This pump is coupled 
to a variable speed pump drive. The discharge from this pump is returned 
through a tube inserted in a port on the side of the reactor. An 
additional port is provided near the bottom of the reactor for sampling 
the reactor contents. The mixed liquor from the reactor flows into the 
center of the clarifier. The clarified system effluent separates from 
the biomass and flows through an exit near the top of the clarifier. 
There shall be no headspace in the clarifier. Optional Clarifier Design: 
An internal clarifier may be used instead of the external clarifier 
described here as long as the biomass concentration is maintained to 
method specifications.
    2.1.5  Temperature Control Apparatus. Capable of maintaining the 
system at a temperature equal to the temperature of the full-scale 
system, 2  deg.C.
    2.1.5.1  Temperature Monitoring Device. A resistance type 
temperature probe or a thermocouple connected to a temperature readout 
with a resolution of 0.1  deg.C.
    2.1.5.2  Reactor Heater. The heater is connected to the temperature 
control device.
    2.1.6  Oxygen Control System. Maintain the dissolved oxygen 
concentration at the levels present in the full-scale system, 
plus-minus 0.5 mg/L.
    2.1.6.1  Dissolved Oxygen Monitor. Dissolved oxygen is monitored 
with a polarographic probe (gas permeable membrane) connected to a 
dissolved oxygen meter (0 to 15 mg/L, 0 to 50  deg.C).
    2.1.6.2  Reactor Pressure Monitor. The reactor pressure is monitored 
through a port in the top flange of the reactor. This is connected to a 
gauge control with a span of 13-cm water vacuum to 13-cm water pressure. 
A relay is activated when the vacuum exceeds an adjustable setpoint 
which opens a solenoid valve (normally closed), admitting oxygen to the 
system. The vacuum setpoint controlling oxygen addition to the system 
shall be set at approximately 2.5 plus-minus 0.5 cm water and 
maintained at this setting except during brief periods when the 
dissolved oxygen concentration is adjusted.

[[Page 1118]]

    2.1.7  Connecting Tubing. All connecting tubing shall be Teflon or 
equivalent in impermeability. The only exception to this specification 
is the tubing directly inside the pump head of the wastewater feed pump, 
which may be Viton, Silicone or another type of flexible tubing.
    2.2  Analysis. If the identity of the compounds of interest in the 
wastewater is not known to the source, a representative sample of the 
wastewater shall be analyzed in order to identify all of the compounds 
of interest present. A gas chromatography/mass spectrometry screening 
method is recommended.
    2.2.1  After identifying the compounds of interest in the 
wastewater, develop an analytical technique capable of measuring all of 
those compounds (more than one analytical technique may be required, 
depending on the characteristics of the wastewater). Test Method 18, 
found in Appendix A of 40 CFR part 60, may be used as a guideline in 
developing the analytical technique. Purge and trap techniques may be 
used for analysis providing the target components are sufficiently 
volatile as to make this technique appropriate. The limit of 
quantitation for each compound shall be determined \1\. If the effluent 
concentration of any target compound is below the limit of quantitation 
determined for that compound, use the limit of quantitation 
concentration as the outlet concentration for that compound in the 
biodegradation calculations.
    2.2.2  Calibration Standards. Prepare calibration standards from 
pure certified standards in an aqueous medium. Prepare and analyze three 
concentrations of calibration standards for each target component (or 
for a mixture of components) in triplicate daily throughout the analyses 
of the test samples. At each concentration level, a single calibration 
shall be within 5 percent of the average of the three calibration 
results. The low and medium calibration standards shall bracket the 
expected concentration of the effluent (treated) wastewater. The medium 
and high standards shall bracket the expected influent concentration.
    2.3  Audit Analysis. Analyze a performance audit sample during every 
compliance test, if an audit sample is available. Audit availability 
information may be obtained by contacting the Emission Measurement 
Technical Information Center at (919) 541-2237. Use the same analytical 
equipment and analyst used in conducting the compliance test to conduct 
the audit analysis.

                               3. Reagents

    3.1  Wastewater. Obtain a representative sample of wastewater at the 
inlet to the full-scale treatment plant if there is an existing full-
scale treatment plant (See Section 2.1.3). If there is no existing full-
scale treatment plant, obtain the wastewater sample as close to the 
point of generation as possible. Collect the sample by pumping the 
wastewater into the 20-L collapsible container. The loss of volatiles 
shall be minimized from the wastewater by collapsing the container 
before filling, by minimizing the time of filling, and by avoiding a 
headspace in the container after filling. If the wastewater requires the 
addition of nutrients to support the biomass growth and maintain biomass 
characteristics, those nutrients are added and mixed with the container 
contents after the container is filled.
    3.2  Biomass. Obtain the biomass or activated sludge used for rate 
constant determination in the bench-scale process from the existing 
full-scale process or from a representative biomass culture that has 
been developed for a future full-scale process. This biomass is 
preferentially obtained from a thickened acclimated mixed liquor sample. 
Collect the sample either by bailing from the mixed liquor in the 
aeration tank with a weighted container, or by collecting aeration tank 
effluent at the effluent overflow weir. Transport the sample to the 
laboratory within 12 hours of collection. Maintain the biomass 
concentration in the reactor at the level of the full-scale system 
plus-minus 10 percent throughout the sampling period of the test 
method.

                              4. Procedure

    Safety Note: If explosive gases are produced as a byproduct of 
biodegradation, closely monitor headspace concentration of these gases 
to ensure laboratory safety. Placement of bioreactor system inside a 
laboratory hood is recommended regardless of byproducts produced.

    4.1  Reactor Operation. Charge the mixed liquor to the reactor, 
minimizing headspace over the liquid surface to minimize entrainment of 
mixed liquor in the circulating gas. Fasten the reactor headplate to the 
reactor over the liquid surface. Maintain the temperature of the 
contents of the laboratory reactor system at the temperature of the 
full-scale system, plus-minus 2  deg.C, throughout the testing 
period. Monitor and record the temperature of the reactor contents to 
the nearest 0.1  deg.C.
    4.1.1  Wastewater Storage. Collect the wastewater sample in the 20-L 
collapsible container. Store the container at 4  deg.C throughout the 
testing period. Connect the container to the reactor feed pump.
    4.1.2  Wastewater Flow Rate. The hydraulic residence time of the 
aeration tank is calculated as the ratio of the volume of the tank (L) 
to the flow rate (L/min). At the beginning of a test the container shall 
be connected to the feed pump and solution pumped to the reactor at the 
required flow rate to achieve the calculated hydraulic residence time of 
the aeration tank.

[[Page 1119]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.302

where Qtest=wastewater flow rate (L/min)
Qfs=average flow rate of full-scale process (L/min)
Vfs=volume of full-scale aeration tank (L)

    The flow rate in the test apparatus is the same as the flow rate in 
the full-scale process multiplied by the ratio of bioreactor volume (6 
L) to the volume of the full-scale aeration tank. The hydraulic 
residence time shall be maintained at 90 to 100 percent of the residence 
time maintained in the full-scale unit. A nominal flow rate is set on 
the pump based on a pump calibration. Changes in the elasticity of the 
tubing in the pump head and the accumulation of material in the tubing 
affect this calibration. The nominal pumping rate shall be changed as 
necessary based on volumetric flow measurements. Discharge the reactor 
effluent to a wastewater storage, treatment, or disposal facility, 
except during sampling or flow measurement periods.
    4.1.3  Sludge Recycle Rate. Set the sludge recycle rate at a rate 
sufficient to prevent accumulation in the bottom of the clarifier. Set 
the air circulation rate sufficient to maintain the biomass in 
suspension.
    4.1.4  Bioreactor Operation and Maintenance. Temperature, dissolved 
oxygen concentration, flow rate, and air circulation rate shall be 
measured and recorded three times throughout each day of testing. If 
other parameters (such as pH) are measured and maintained in the full-
scale unit, these parameters shall be monitored and maintained to full-
scale specifications in the bioreactor. At the beginning of each 
sampling period (Section 4.2), sample the reactor contents for suspended 
solids analysis. Take this sample by loosening a clamp on a length of 
tubing attached to the lower side port. Determine the suspended solids 
determination gravimetrically by the Gooch crucible/glass fiber filter 
method for total suspended solids, in accordance with Standard 
Methods\3\ or equivalent. When necessary, sludge shall be wasted from 
the lower side port of the reactor, and the volume that is wasted shall 
be replaced with an equal volume of the reactor effluent. Add thickened 
activated sludge mixed liquor as necessary to the reactor to increase 
the suspended solids concentration to the desired level. Pump this mixed 
liquor to the reactor through the upper side port (Item 24 in Figure 1). 
Change the membrane on the dissolved oxygen probe before starting the 
test. Calibrate the oxygen probe immediately before the start of the 
test and each time the membrane is changed. The scrubber solution shall 
be replaced each weekday with 175 mL 45 percent W/W KOH solution to 
which five drops of 0.2 percent alizarin yellow indicator in water have 
been added. The potassium hydroxide solution in the alkaline scrubber 
shall be changed if the alizarin yellow dye color changes.
    4.1.5  Inspection and Correction Procedures. If the feed line tubing 
becomes clogged, replace with new tubing. If the feed flow rate is not 
within 5 percent of target flow any time the flow rate is measured, 
reset pump and measure flow rate again until target flow rate is 
achieved.
    4.2  Test Sampling. Two and one half hydraulic residence times after 
the system has reached the targeted specifications shall be permitted to 
elapse before the first sample is taken. Effluent samples of the 
clarifier discharge (Item 20 in Figure 1) and the influent wastewater 
feed are collected in 40-mL septum vials to which two drops of 1:10 
hydrochloric acid (HCl) in water have been added. Sample the clarifier 
discharge directly from the drain line. These samples will be composed 
of the entire flow from the system for a period of several minutes. Feed 
samples shall be taken from the feed pump suction line after temporarily 
stopping the reactor feed, removing a connector, and squeezing the 
collapsible feed container. Store both influent and effluent samples at 
4 deg.C immediately after collection and analyze within 8 hours of 
collection.
    4.2.1  Frequency of Sampling. During the test, sample and analyze 
the wastewater feed and the clarifier effluent at least six times. The 
sampling intervals shall be separated by at least 8 hours. During any 
individual sampling interval, sample the wastewater feed simultaneously 
with or immediately after the effluent sample. Calculate the relative 
standard deviation (RSD) of both the influent and effluent sample 
concentrations. Both RSD values shall be  15 percent. If an 
RSD value is > 15 percent, continue sampling and analyzing influent and 
effluent sets of samples until the RSD values are within specifications.
    4.2.2  Sampling After Exposure of System to Atmosphere. If, after 
starting sampling procedures, the bioreactor system is exposed to the 
atmosphere (due to leaks, maintenance, etc.), allow at least one 
hydraulic residence time to elapse before resuming sampling.

                  5. Operational Checks and Calibration

    5.1  Dissolved Oxygen. Fluctuation in dissolved oxygen concentration 
may occur for numerous reasons, including undetected gas leaks, 
increases and decreases in mixed liquor suspended solids resulting from 
cell growth and solids loss in the effluent stream, changes in diffuser 
performance, cycling of effluent flow rate, and overcorrection due to 
faulty or sluggish dissolved oxygen probe response. Control the 
dissolved oxygen concentration in the reactor by changing the

[[Page 1120]]

proportion of oxygen in the circulating aeration gas. Should the 
dissolved oxygen concentration drift below the designated experimental 
condition, bleed a small amount of aeration gas from the system on the 
pressure side (i.e. immediately upstream of one of the diffusers). This 
will create a vacuum in the system, triggering the pressure sensitive 
relay to open the solenoid valve and admit oxygen to the system. Should 
the dissolved oxygen concentration drift above the designated 
experimental condition, stop the oxygen input to the system until the 
dissolved oxygen concentration approaches the correct level.
    5.2  Sludge Wasting. Determine the suspended solids concentration 
(Section 4.1.4) at the beginning of a test, and once per day thereafter 
during the test. If the test is completed within a two day period, 
determine the suspended solids concentration after the final sample set 
is taken. If the suspended solids concentration exceeds the specified 
concentration, remove a fraction of the sludge from the reactor. The 
required volume of mixed liquor to remove is determined as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.303

where Vw is the wasted volume (Liters),
Vr is the volume of the reactor (6 Liters),
Sm is the measured solids (g/L), and
Ss is the specified solids (g/L).

    Remove the mixed liquor from the reactor by loosening a clamp on the 
mixed liquor sampling tube and allowing the required volume to drain to 
a graduated flask. Clamp the tube when the correct volume has been 
wasted. Replace the volume of the liquid wasted by pouring the same 
volume of effluent back into the bioreactor. Dispose of the waste sludge 
properly.
    5.3  Sludge Makeup. In the event that the suspended solids 
concentration is lower than the specifications, add makeup sludge back 
into the bioreactor. Determine the amount of sludge added by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.304

where Vw is the volume of sludge to add (Liters),
Vr is the volume of the reactor (6 Liters),
Sw is the solids in the makeup sludge (g/L),
Sm is the measured solids (g/L), and
Ss is the specified solids (g/L).

    5.4  Wastewater Pump Calibration. Determine the wastewater flow rate 
by collecting the system effluent for a time period of at least one 
hour, and measuring the volume with a graduated cylinder. Record the 
collection time period and volume collected. Determine flow rate. Adjust 
the pump speed to deliver the specified flow rate.

                             6. Calculations

    6.1  Nomenclature. The following symbols are used in the 
calculations.

Ci=Average inlet feed concentration for a compound of interest, as 
          analyzed (mg/L)
Co=Average outlet (effluent) concentration for a compound of 
          interest, as analyzed (mg/L)
X=Biomass concentration, mixed liquor suspended solids (g/L)
t=Hydraulic residence time in the reactor (hours)
V=Volume of the bioreactor (6L)
Q=Flow rate of wastewater into the reactor, average (L/hour)

    6.2  Residence Time. The hydraulic residence time of the reactor is 
equal to the ratio of the volume of the reactor (L) to the flow rate (L/
h)
[GRAPHIC] [TIFF OMITTED] TR22AP94.305

    6.3  Rate of Biodegradation. Calculate the rate of biodegradation 
for each component with the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.306

    6.4  First-Order Biorate Constant. Calculate the first-order biorate 
constant (K1) for each component with the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.307

    6.5  Relative Standard Deviation (RSD). Determine the standard 
deviation of both the influent and effluent sample concentrations (S) 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.308

    6.6  Determination of Percent Air Emissions and Percent Biodegraded. 
Use the results from this test method and follow the applicable 
procedures in appendix C of 40 CFR part 63, entitled, ``Determination of 
the Fraction Biodegraded (Fbio) in a Biological Treatment Unit'' to 
determine Fbio.

[[Page 1121]]

                             7. Bibliography

    1. ``Guidelines for data acquisition and data quality evaluation in 
Environmental Chemistry'', Daniel MacDoughal, Analytical Chemistry, 
Volume 52, p. 2242, 1980.
    2. Test Method 18, 40 CFR part 60, appendix A.
    3. Standard Methods for the Examination of Water and Wastewater, 
16th Edition, Method 209C, Total Suspended Solids Dried at 103-
105 deg.C, APHA, 1985.
    4. Water7, Hazardous Waste Treatment, Storage, and Disposal 
Facilities (TSDF)--Air Emission Models, U.S. Environmental Protection 
Agency, EPA-450/3-87-026, Review Draft, November 1989.
    5. Chemdat7, Hazardous Waste Treatment, Storage, and Disposal 
Facilities (TSDF)--Air Emission Models, U.S. Environmental Protection 
Agency, EPA-450/3-87-026, Review Draft, November 1989.

  Method 305: Measurement of Emission Potential of Individual Volatile 
                       Organic Compounds in Waste

                     1. Applicability and Principle

    This procedure is used to determine the emission potential of 
individual volatile organics (VOs) in waste. The heated purge conditions 
established by Method 25D (40 CFR part 60, Appendix A) are used to 
remove VOs from a 10-g sample of waste suspended in a 50/50 solution of 
polyethylene glycol (PEG) and water. The purged VOs are quantified by 
using the sample collection and analytical techniques appropriate for 
the VOs present in the waste. The recovery efficiency of the sample 
collection and analytical technique is determined for each waste matrix. 
A correction factor is determined for each compound (if acceptable 
recovery criteria requirements are met of 70 to 130 percent recovery for 
every target compound), and the measured waste concentration is 
corrected with the correction factor for each compound. A minimum of 
three replicate waste samples shall be analyzed.

                       2. Apparatus and Materials

    2.1  Method 25D Purge Apparatus.
    2.1.1  Purge Chamber. The purge chamber shall accommodate the 10-g 
sample of waste suspended in a matrix of 50 mL of PEG and 50 mL of 
deionized, hydrocarbon-free water. Three fittings are used on the glass 
chamber top. Two #7 Ace-threads are used for the purge gas inlet and 
outlet connections. A #50 Ace-thread is used to connect the top of the 
chamber to the base (see Figure 1). The base of the chamber has a side-
arm equipped with a #22 Sovirel fitting to allow for easy sample 
introductions into the chamber. The dimensions of the chamber are shown 
in Figure 1.
    2.1.2  Flow Distribution Device (FDD). The FDD enhances the gas-to-
liquid contact for improved purging efficiency. The FDD is a 6 mm OD by 
30 cm long glass tube equipped with four arm bubblers as shown in Figure 
1. Each arm shall have an opening of 1 mm in diameter.
    2.1.3  Coalescing Filter. The coalescing filter serves to discourage 
aerosol formation of sample gas once it leaves the purge chamber. The 
glass filter has a fritted disc mounted 10 cm from the bottom. Two #7 
Ace-threads are used for the inlet and outlet connections. The 
dimensions of the chamber are shown in Figure 2.
    2.1.4  Oven. A forced convection airflow oven capable of maintaining 
the purge chamber and coalescing filter at 752 deg.C.
    2.1.5  Toggle Valve. An on/off valve constructed from brass or 
stainless steel rated to 100 psig. This valve is placed in line between 
the purge nitrogen source and the flow controller.

[[Page 1122]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.066



[[Page 1123]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.067



[[Page 1124]]

    2.1.6  Flow Controller. High-quality stainless steel flow controller 
capable of restricting a flow of nitrogen to 60.06 L/min at 
40 psig.
    2.1.7  Polyethylene Glycol Cleaning System.
    2.1.7.1  Round-Bottom Flask. One liter, three-neck glass round-
bottom flask for cleaning PEG. Standard taper 24/40 joints are mounted 
on each neck.
    2.1.7.2  Heating Mantle. Capable of heating contents of the 1-L 
flask to 120 deg.C.
    2.1.7.3  Nitrogen Bubbler. Teflon or glass tube, 0.25 in. OD.
    2.1.7.4  Thermometer. Partial immersion glass thermometer.
    2.1.7.5  Hose Adapter. Glass with 24/40 standard tapered joint.
    2.1.8  Reagents.
    2.1.8.1  Polyethylene Glycol. Ninety-eight percent pure organic 
polymer with an average molecular weight of 400. Volatile organics are 
removed from the PEG prior to use by heating to 1205 deg.C 
and purging with pure nitrogen at 1 L/min for 2 hours. The PEG is stored 
at room temperature under a nitrogen purge maintained at 1 L/min until 
used. A typical apparatus used to clean the PEG is shown in Figure 3.
    2.1.8.2  Water. Organic-free deionized water is required.
    2.1.8.3  Nitrogen. High-purity nitrogen (less than 0.5 ppm total 
hydrocarbons) is used to remove test compounds from the purge matrix. 
The source of nitrogen shall be regulated continuously to 40 psig before 
the on/off toggle valve.
    2.2  Volatile Organic Recovery System.
    2.2.1  Splitter Valve (Optional). Stainless steel cross-pattern 
valve capable of splitting nominal flow rates from the purge flow of 6 
L/min. The valve shall be maintained at 752 deg.C in the 
heated zone and shall be placed downstream of the coalescing filter. It 
is recommended that 0.125 in. OD tubing be used to direct the split vent 
flow from the heated zone. The back pressure caused by the 0.125 in. OD 
tubing is critical for maintaining proper split valve operation. Note: 
The splitter valve design is optional; it may be used in cases where the 
concentration of a pollutant would saturate the adsorbents.
    2.2.2  Injection Port. Stainless steel 1/4 in. OD compression 
fitting tee with a 6-mm septum fixed on the top port. The injection port 
is the point of entry for the recovery study solution. If using a 
gaseous standard to determine recovery efficiency, connect the gaseous 
standard to the injection port of the tee.
    2.2.3  Knockout Trap (Optional but Recommended). A 25-mL capacity 
glass reservoir body with a full-stem impinger (to avoid leaks, a 
modified midget glass impinger with a screw cap and ball/socket clamps 
on the inlet and outlet is recommended). The empty impinger is placed in 
an ice water bath between the injection port and the sorbent cartridge. 
Its purpose is to reduce the water content of the purge gas (saturated 
at 75 deg.C) before the sorbent cartridge.

[[Page 1125]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.068



[[Page 1126]]

    2.2.4  Insulated Ice Bath. A 350-mL dewar or other type of insulated 
bath is used to maintain ice water around the knockout trap.
    2.2.5  Sorbent Cartridges. Commercially available glass or stainless 
steel cartridge packed with one or more appropriate sorbents. The amount 
of adsorbent packed in the cartridge depends on the breakthrough volume 
of the test compounds but is limited by back pressure caused by the 
packing (not to exceed 7 psig). More than one sorbent cartridge placed 
in series may be necessary depending upon the mixture of the measured 
components.
    2.2.6  Volumetric Glassware. Type A glass 10-mL volumetric flasks 
for measuring a final volume from the water catch in the knockout trap.
    2.2.7  Thermal Desorption Unit. A clam-shell type oven, used for the 
desorption of direct thermal desorption sorbent tubes. The oven shall be 
capable of increasing the temperature of the desorption tubes rapidly to 
recommended desorption temperature.
    2.2.8  Ultrasonic Bath. Small bath used to agitate sorbent material 
and desorption solvent. Ice water shall be used in the bath because of 
heat transfer caused by operation of the bath.
    2.2.9  Desorption Vials. Four-dram (15-mL) capacity borosilicate 
glass vials with Teflon-lined caps.
    2.2.10 Reagents.
    2.2.10.1  Water. Same as specified in Section 2.1.8.2.
    2.2.10.2  Desorption Solvent (when used). Appropriate high-purity 
(99.99 percent) solvent for desorption shall be used. Analysis shall be 
performed (utilizing the same analytical technique as that used in the 
analysis of the waste samples) on each lot to determine purity.
    2.3  Analytical System. A gas chromatograph (GC) is commonly used to 
separate and quantify compounds from the sample collection and recovery 
procedure. Method 18 (40 CFR part 60, appendix A) may be used as a 
guideline for determining the appropriate GC column and GC detector 
based on the test compounds to be determined. Other types of analytical 
instrumentation may be used (i.e., HPLC) in lieu of GC systems as long 
as the recovery efficiency criteria of this method are met.
    2.3.1  Gas Chromatograph. The GC shall be equipped with a constant-
temperature liquid injection port or a heated sampling loop/valve 
system, as appropriate. The GC oven shall be temperature-programmable 
over the useful range of the GC column. The choice of detectors is based 
on the test compounds to be determined.
    2.3.2  GC Column. Select the appropriate GC column based on (1) 
literature review or previous experience, (2) polarity of the analytes, 
(3) capacity of the column, or (4) resolving power (i.e., length, 
diameter, film thickness) required.
    2.3.3  Data System. A programmable electronic integrator for 
recording, analyzing, and storing the signal generated by the detector.
    2.3.4  Reagents. The gases required for GC operation shall be of the 
highest obtainable purity (hydrocarbon free). Consult the operating 
manual for recommended settings.

                              3. Procedure

    Assemble the glassware and associated fittings (see Figures 4 or 5, 
as appropriate) and leak-check the system (approximately 7 psig is the 
target pressure). After an initial leak check, mark the pressure gauge 
and use the initial checkpoint to monitor for leaks throughout 
subsequent analyses. If the pressure in the system drops below the 
target pressure at any time during analysis, that analysis shall be 
considered invalid.

[[Page 1127]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.069



[[Page 1128]]

    3.1  Recovery Efficiency Determination. Determine the individual 
recovery efficiency (RE) for each of the target compounds in duplicate 
before the waste samples are analyzed. To determine the RE, generate a 
water blank (Section 3.2.4) and use the injection port to introduce a 
known volume of spike solution (or certified gaseous standard) 
containing all of the target compounds at the levels expected in the 
waste sample. Introduce the spike solution immediately after the 
nitrogen purge has been started (Section 3.2.2). Follow the procedures 
outlined in Section 3.2.3. Analyze the recovery efficiency samples using 
the techniques described in Section 3.3.  Determine the recovery 
efficiency (Equation 1, Section 4.2) by comparing the amount of compound 
recovered to the theoretical amount spiked. Determine the RE twice for 
each compound; the RSD shall be  10 percent for each 
compound. If the RSD for any compound is not  10 percent, 
modify the sampling/analytical procedure and complete an RE study in 
duplicate, or continue determining RE until the RSD meets the acceptable 
criteria. The average RE shall be 0.70RE1.30 for 
each compound. If the average RE does not meet these criteria, an 
alternative sample collection and/or analysis technique shall be 
developed and the recovery efficiency determination shall be repeated 
for that compound until the criteria are met for every target compound. 
Example modifications of the sampling/analytical system include changing 
the adsorbent material, changing the desorption solvent, utilizing 
direct thermal desorption of test compounds from the sorbent tubes, 
utilizing another analytical technique.
    3.2  Sample Collection and Recovery.
    3.2.1  The sample collection procedure in Method 25D shall be used 
to collect (into a preweighed vial) 10 g of waste into PEG, cool, and 
ship to the laboratory. Remove the sample container from the cooler and 
wipe the exterior to remove any ice or water. Weigh the container and 
sample to the nearest 0.01 g and record the weight. Pour the sample from 
the container into the purge flask. Rinse the sample container three 
times with approximately 6 mL of PEG (or the volume needed to total 50 
mL of PEG in the purge flask), transferring the rinses to the purge 
flask. Add 50 mL of organic-free deionized water to the purge flask. Cap 
the purge flask tightly in between each rinse and after adding all the 
components into the flask.
    3.2.2  Allow the oven to equilibrate to 75  deg.C. Begin 
the sample recovery process by turning the toggle valve on, thus 
allowing a 6-L/min flow of pure nitrogen through the purge chamber.
    3.2.3  Stop the purge after 30 min. Immediately remove the sorbent 
tube(s) from the apparatus and cap both ends. Remove the knockout trap 
and transfer the water catch to a 10-mL volumetric flask. Rinse the trap 
with organic-free deionized water and transfer the rinse to the 
volumetric flask. Dilute to the 10-mL mark with water. Transfer the 
water sample to a sample vial and store at 4 deg.C with zero headspace. 
The analysis of the contents of the water knockout trap is optional for 
this method. If the target compounds are water soluble, analysis of the 
water is recommended; meeting the recovery efficiency criteria in these 
cases would be difficult without adding the amount captured in the 
knockout trap.
    3.2.4  Water Blank. A water blank shall be analyzed daily to 
determine the cleanliness of the purge and recovery system. A water 
blank is generated by adding 60 mL of organic-free deionized water to 50 
mL of PEG in the purge chamber. Treat the blank as described in Section 
3.2.2 and 3.2.3. The purpose of the water blank is to insure that no 
contaminants exist in the sampling and analytical apparatus which would 
interfere with the quantitation of the target compounds. If contaminants 
are present, locate the source of contamination, remove it, and repeat 
the water blank analysis.
    3.3  Sample Analysis. Sample analysis in the context of this method 
refers to techniques to remove the target compounds from the sorbent 
tubes, separate them using a chromatography technique, and quantify them 
with an appropriate detector. Two types of sample extraction techniques 
typically used for sorbents include solvent desorption or direct thermal 
desorption of test compounds to a secondary focusing unit (either 
sorbent or cryogen based). The test compounds are then typically 
transferred to a GC system for analysis. Other analytical systems may be 
used (i.e., HPLC) in lieu of GC systems as long as the recovery 
efficiency criteria of this method are met.
    3.3.1  Recover the test compounds from the sorbent tubes that 
require solvent desorption by transferring the adsorbent material to a 
sample vial containing the desorption solvent. The desorption solvent 
shall be the same as the solvent used to prepare calibration standards. 
The volume of solvent depends on the amount of adsorbed material to be 
desorbed (1.0 mL per 100 mg of adsorbent material) and also on the 
amount of test compounds present. Final volume adjustment and or 
dilution can be made so that the concentration of test compounds in the 
desorption solvent is bracketed by the concentration of the calibration 
solutions. Ultrasonicate the desorption solvent for 15 min in an ice 
bath. Allow the sample to sit for a period of time so that the adsorbent 
material can settle to the bottom of the vial. Transfer the solvent with 
a pasteur pipet (minimizing the amount of adsorbent material taken) to 
another vial and store at 4  deg.C.
    3.3.2  The analytical instrument shall be calibrated with a minimum 
of three levels of

[[Page 1129]]

standards for each compound whose concentrations bracket the 
concentration of test compounds from the sorbent tubes. Liquid 
calibration standards shall be used for calibration in the analysis of 
the solvent extracts. The liquid calibration standards shall be prepared 
in the desorption solvent matrix. The calibration standards may be 
prepared and injected individually or as a mixture. If thermal 
desorption and focusing (onto another sorbent or cryogen focusing) are 
used, a certified gaseous mixture or a series of gaseous standards shall 
be used for calibration of the instrument. The gaseous standards shall 
be focused and analyzed in the same manner as the samples.
    3.3.3  The analytical system shall be certified free from 
contaminants before a calibration is performed (see Section 3.2.4). The 
calibration standards are used to determine the linearity of the 
analytical system. Perform an initial calibration and linearity check by 
analyzing the three calibration standards for each target compound in 
triplicate starting with the lowest level and continuing to the highest 
level. If the triplicate analyses do not agree within 5 percent of their 
average, additional analyses will be needed until the 5 percent criteria 
is met. Calculate the response factor (Equation 3, Section 4.4) from the 
average area counts of the injections for each concentration level. 
Average the response factors of the standards for each compound. The 
linearity of the detector is acceptable if the response factor of each 
compound at a particular concentration is within 10 percent of the 
overall mean response factor for that compound. Analyze daily a mid-
level calibration standard in duplicate and calculate a new response 
factor. Compare the daily response factor average to the average 
response factor calculated for the mid-level calibration during the 
initial linearity check; repeat the three-level calibration procedure if 
the daily average response factor differs from the initial linearity 
check mid-level response factor by more than 10 percent. Otherwise, 
proceed with the sample analysis.
    3.3.4  Analyze the desorption solvent or direct thermal desorption 
tubes from each sample using the same analytical parameters used for the 
calibration standard. Calculate the total weight detected for each 
compound (Equation 4, Section 4.5). The slope (area/amount) and y-
intercept are calculated from the line bracketed between the two closest 
calibration points. Correct the concentration of each waste sample with 
the appropriate recovery efficiency factor and the split flow ratio (if 
used). The final concentration of each individual test compound is 
calculated by dividing the corrected measured weight for that compound 
by the weight of the original sample determined in Section 3.2.1 
(Equation 5, Section 4.6).
    3.4  Repeat the sample collection, recovery, and analysis twice 
more, for a total of three samples. Report the corrected concentration 
of each of the waste samples, average waste concentration, and relative 
standard deviation (Equation 6, Section 4.7).

                             4. Calculations

                     4.1  Definitions and Variables

AS=Mean area counts of test compound in standard.
Au=Mean area counts of test compound in sample desorption solvent.
b=y-intercept of the line formed between the two closest calibration 
          standards that bracket the concentration of the sample.
CT=Amount of test compound (g) in calibration standard.
CF=Correction for adjusting final amount of sample detected for losses 
          during individual sample runs.
Fp=Nitrogen flow through the purge chamber (6 L/min).
Fs=Nitrogen split flow directed to the sample recovery system (use 
          6 L/min if split flow design was not used).
PPM=Final concentration of test compound in waste sample (g/g).
RE=Recovery efficiency for adjusting final amount of sample detected for 
          losses due to inefficient trapping and desorption techniques.
R.F.=Response factor for test compound, calculated from a calibration 
          standard.
S=Slope of the line (area counts/CT) formed between two closest 
          calibration points that bracket the concentration of the 
          sample.
WC=Weight of test compound expected to be recovered in spike 
          solution based on theoretical amount.
WE=Weight of vial and PEG (g).
WF=Weight of vial, PEG and waste sample (g).
WS=Weight of original waste sample (g).
WT=Corrected weight of test compound measured (g) in 
          sample.
WX=Weight of test compound measured during analysis of recovery 
          efficiency spike samples (g).
    4.2  Recovery efficiency for determining trapping/desorption 
efficiency of individual test compounds in the spike solution, decimal 
value.
[GRAPHIC] [TIFF OMITTED] TR22AP94.309

    4.3  Weight of waste sample (g).
    [GRAPHIC] [TIFF OMITTED] TR22AP94.310
    
    4.4  Response Factor for individual test compounds.

[[Page 1130]]

[GRAPHIC] [TIFF OMITTED] TR22AP94.311


    4.5  Corrected weight of a test compound in the sample, in 
g.
[GRAPHIC] [TIFF OMITTED] TR22AP94.312

    4.6  Final concentration of a test compound in the sample in ppmw.
    [GRAPHIC] [TIFF OMITTED] TR22AP94.313
    
    4.7  Relative standard deviation (RSD) calculation.
    [GRAPHIC] [TIFF OMITTED] TR22AP94.314
    
Method 306--Determination of Chromium Emissions From Decorative and Hard 
            Chromium Electroplating and Anodizing Operations

                     1. Applicability and Principle

    1.1 Applicability. This method applies to the determination of 
chromium (Cr) in emissions from decorative and hard chrome 
electroplating facilities and anodizing operations.
    1.2 Principle. (a) A sample is extracted isokinetically from the 
source using an unheated Method 5 sampling train (40 CFR part 60, 
appendix A), with a glass nozzle and probe liner, but with the filter 
omitted. The sample time has to be at least 2 hours. The Cr emissions 
are collected in an alkaline solution: 0.1 N sodium hydroxide (NaOH) or 
0.1 N sodium bicarbonate (NaHCO3). The collected samples remain in 
the alkaline solution until analysis. Samples with high Cr 
concentrations may be analyzed using inductively coupled plasma emission 
spectrometry (ICP) at 267.72 nm. Alternatively, if improved detection 
limits are required, a portion of the alkaline impinger solution is 
digested with nitric acid and analyzed by graphite furnace atomic 
absorption spectroscopy (GFAAS) at 357.9 nm.
    (b) If it is desirable to determine hexavalent chromium (Cr+6) 
emissions, the samples may be analyzed using an ion chromatograph 
equipped with a post-column reactor (IC/PCR) and a visible wavelength 
detector. To increase sensitivity for trace levels of Cr+6, a 
preconcentration system can be used in conjunction with the IC/PCR.

           2. Range, Sensitivity, Precision, and Interferences

    2.1  Range. The recommended analytical range for each of the three 
analytical techniques is given below. The upper limit of all three 
techniques can be extended indefinitely by appropriate dilution.
    2.1.1  GFAAS Range. As reported in Method 7191 of SW-846 (Citation 5 
in Bibliography), the optimum concentration range for GFAAS is 5 to 100 
g Cr/l of concentrated analyte.
    2.1.2  ICP Range. A linear response curve for ICP can be obtained in 
the range of 10 to at least 500 g Cr/l of absorbing solution.
    2.1.3  IC/PCR Range. In 40 CFR part 266, appendix IX, the lower 
limit of the detection range for IC/PCR when employing a 
preconcentration procedure is reported to be about 0.1 g 
Cr+6/l of absorbing solution.
    2.2  Sensitivity.
    2.2.1  Analytical Sensitivity.
    2.2.1.1  ICP Analytical Sensitivity. The minimum detection limit for 
ICP, as reported in Method 6010A of SW-846, is 7 g Cr/l.
    2.2.1.2  GFAAS Analytical Sensitivity. The minimum detection limit 
for GFAAS, as reported in Method 7191 of SW-846, is 1 g Cr/l.
    2.2.1.3  IC/PCR Analytical Sensitivity. The minimum detection limit 
for IC/PCR with a preconcentrator, as reported in 40 CFR part 266, 
appendix IX is 0.05 g Cr+6/l.
    2.2.2  In-stack Sensitivity. The in-stack sensitivity depends upon 
the analytical detection limit, the volume of stack gas sampled, and the 
total volume of the impinger absorbing solution plus the rinses. Using 
the analytical detection limits given in sections 2.2.1.1, 2.2.1.2, and 
2.2.1.3; a stack gas sample volume of 1.7 dscm; and a total liquid 
sample volume of 500 ml; the corresponding in-stack detection limits are 
0.0021 mg Cr/dscm for ICP, 0.00015 mg Cr/dscm for GFAAS, and 0.000015 mg 
Cr+6/dscm for IC/PCR with preconcentration. However, it is 
recommended that the concentration of Cr in

[[Page 1131]]

the analytical solutions be at least five times the analytical detection 
limit to optimize sensitivity in the analyses. Using this guideline and 
the same assumptions for impinger sample volume and stack gas sample 
volume (500 ml and 1.7 dscm, respectively), the recommended minimum 
stack concentrations for optimum sensitivity are 0.0103 mg Cr/dscm for 
ICP, 0.00074 mg Cr/dscm for GFAAS, and 0.000074 mg Cr+6/dscm for 
IC/PCR with preconcentration. If required, the in-stack detection limits 
can be improved by either increasing the stack gas sample volume, 
reducing the volume of the digested sample for GFAAS, improving the 
analytical detection limits, or any combination of the three.
    2.3  Precision. The following precision data have been reported for 
the three analytical methods. In the case of the GFAAS there is also 
bias data. In all cases, when sampling precision is combined with 
analytical precision, the resulting overall precision may be lower.
    2.3.1  GFAAS Precision. As reported in Method 7191 of SW-846, in a 
single laboratory (EMSL), using Cincinnati, Ohio tap water spiked at 
concentrations of 19, 48, and 77 g Cr/l, the standard 
deviations were 0.1, 0.2, and 0.8, 
respectively. Recoveries at these levels were 97 percent, 101 percent, 
and 102 percent, respectively.
    2.3.2  ICP Precision. As reported in Method 6010A of SW-846, in an 
EPA round-robin Phase 1 study, seven laboratories applied the ICP 
technique to acid/distilled water matrices that had been spiked with 
various metal concentrates. For true values of 10, 50, and 150 
g Cr/l; the mean reported values were 10, 50, and 149 
g Cr/l; and the mean percent relative standard deviations were 
18, 3.3, and 3.8 percent, respectively.
    2.3.3  IC/PCR Precision. As reported in 40 CFR part 266, appendix 
IX, the precision of the IC/PCR with sample preconcentration is 5 to 10 
percent; the overall precision for sewage sludge incinerators emitting 
120 ng/dscm of Cr+6 and 3.5 g/dscm of total Cr is 25 
percent and 9 percent for Cr+6 and total Cr, respectively; and for 
hazardous waste incinerators emitting 300 ng/dscm of Cr+6 the 
precision is 20 percent.
    2.4  Interferences.
    2.4.1  GFAAS Interferences. Low concentrations of calcium and/or 
phosphate may cause interferences; at concentrations above 200 
g/l, calcium's effect is constant and eliminates the effect of 
phosphate. Calcium nitrate is therefore added to the concentrated 
analyte to ensure a known constant effect. Other matrix modifiers 
recommended by the instrument manufacturer may also be suitable. 
Nitrogen should not be used as the purge gas due to cyanide band 
interference. Background correction may be required because of possible 
significant levels of nonspecific absorption and scattering at the 357.9 
nm analytical wavelength. Zeeman or Smith-Hieftje background correction 
is recommended to correct for interferences due to high levels of 
dissolved solids in the alkaline impinger solutions.
    2.4.2  ICP Interferences.
    2.4.2.1  ICP Spectral Interferences. (a) Spectral interferences are 
caused by:
    (1) Overlap of a spectral line from another element;
    (2) Unresolved overlap of molecular band spectra;
    (3) Background contribution from continuous or recombination 
phenomena; and
    (4) Stray light from the line emission of high-concentration 
elements.
    (b) Spectral overlap may be compensated for by computer correcting 
the raw data after monitoring and measuring the interfering element. At 
the 267.72-nm Cr analytical wavelength, iron, manganese, and uranium are 
potential interfering elements. Background and stray light interferences 
can usually be compensated for by a background correction adjacent to 
the analytical line. Unresolved overlap requires the selection of an 
alternative Cr wavelength. Consult the instrument manufacturer's 
operation manual for interference correction procedures.
    2.4.2.2  ICP Physical Interferences. High levels of dissolved solids 
in the samples may cause significant inaccuracies due to salt buildup at 
the nebulizer and torch tips. This problem can be controlled by diluting 
the sample or providing for extended rinse times between sample 
analyses. Standards are prepared in the same matrix as the samples 
(i.e., 0.1 N NaOH or 0.1 N NaHCO3).
    2.4.2.3  ICP Chemical Interferences. These include molecular 
compound formation, ionization effects and solute vaporization effects, 
and are usually not significant in ICP, especially if the standards and 
samples are matrix matched.
    2.4.3  IC/PCR Interferences. Components in the sample matrix may 
cause Cr+6 to convert to trivalent chromium (Cr+3) or cause 
Cr+3 to convert to Cr+6. The chromatographic separation of 
Cr+6 using ion chromatography reduces the potential for other 
metals to interfere with the post-column reaction. For the IC/PCR 
analysis, only compounds that coelute with Cr+6 and affect the 
diphenylcarbazide reaction will cause interference. Periodic analyses of 
reagent water blanks are used to demonstrate that the analytical system 
is essentially free of contamination. Sample cross-contamination that 
can occur when high-level and low-level samples or standards are 
analyzed alternately is eliminated by thorough purging of the sample 
loop. Purging can easily be achieved by increasing the injection volume 
of the samples to ten times the size of the sample loop.

[[Page 1132]]

                              3. Apparatus

    3.1  Sampling Train. A schematic of the sampling train used in this 
method is shown in Figure 306-1. The train is the same as Method 5, 
section 2.1 (40 CFR part 60, appendix A), except that the filter is 
omitted, and quartz or borosilicate glass must be used for the probe 
nozzle and liner in place of stainless steel. It is not necessary to 
heat the probe liner. Probe fittings of plastic such as Teflon, 
polypropylene, etc. are recommended over metal fittings to prevent 
contamination. If desired, a single combined probe nozzle and liner may 
be used, but such a single glass piece is not a requirement of this 
methodology. Use 0.1 N NaOH or 0.1 N NaHCO3 in the impingers in 
place of water.
    3.2  Sample Recovery. Same as Method 5, section 2.2 (40 CFR part 60, 
appendix A), with the following exceptions:
    3.2.1  Probe-Liner and Probe-Nozzle Brushes. Brushes are not 
necessary for sample recovery. If a probe brush is used, it must be 
nonmetallic.
    3.2.2  Sample Recovery Solution. Use 0.1 N NaOH or 0.1 N 
NaHCO3, whichever was used as the impinger absorbing solution, in 
place of acetone to recover the sample.
    3.2.3  Sample Storage Containers. Polyethylene, with leak-free screw 
cap, 500 ml or 1,000 ml.
    3.2.4  Filtration Apparatus for IC/PCR. Teflon, or equivalent, 
filter holder and 0.45 m acetate, or equivalent, filter.
    3.3  Analysis. For analysis, the following equipment is needed.
    3.3.1  General.
    3.3.1.1  Phillips Beakers. (Phillips beakers are preferred, but 
regular beakers can also be used.)
    3.3.1.2  Hot Plate.
    3.3.1.3   Volumetric Flasks. Class A, various sizes as appropriate.
    3.3.1.4  Assorted Pipettes.
    3.3.2  Analysis by GFAAS.
    3.3.2.1  Chromium Hollow Cathode Lamp or Electrodeless Discharge 
Lamp.
    3.3.2.2  Graphite Furnace Atomic Absorption Spectrophotometer.

    3.3.3  Analysis by ICP.

    3.3.3.1  ICP Spectrometer. Computer-controlled emission spectrometer 
with background correction and radio frequency generator.
    3.3.3.2  Argon Gas Supply. Welding grade or better.
    3.3.4  Analysis by IC/PCR.

     3.3.4.1  IC/PCR System. High performance liquid chromatograph pump, 
sample injection valve, post-column reagent delivery and mixing system, 
and a visible detector, capable of operating at 520 nm, all with a 
nonmetallic (or inert) flow path. An electronic peak area mode is 
recommended, but other recording devices and integration techniques are 
acceptable provided the repeatability criteria and the linearity 
criteria for the calibration curve described in section 6.4.1 can be 
satisfied. A sample loading system will be required if preconcentration 
is employed.
    3.3.4.2  Analytical Column. A high performance ion chromatograph 
(HPIC) nonmetallic column with anion separation characteristics and a 
high loading capacity designed for separation of metal chelating 
compounds to prevent metal interference. Resolution described in section 
5.5 must be obtained. A nonmetallic guard column with the same ion-
exchange material is recommended.
    3.3.4.3  Preconcentration Column. An HPIC nonmetallic column with 
acceptable anion retention characteristics and sample loading rates as 
described in section 5.5.

[[Page 1133]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.070



[[Page 1134]]

    3.3.4.4  0.45-m Filter Cartridge. For the removal of 
insoluble material. To be used just prior to sample injection/analysis.

                               4. Reagents

    Unless otherwise indicated, all reagents shall conform to the 
specifications established by the Committee on Analytical Reagents of 
the American Chemical Society (ACS reagent grade). Where such 
specifications are not available, use the best available grade.
    4.1  Sampling.
    4.1.1  Water. Reagent water that conforms to ASTM Specification 
D1193-77, Type II (incorporated by reference--see Sec. 63.14). It is 
recommended that water blanks be checked prior to preparing sampling 
reagents to ensure that the Cr content is less than the analytical 
detection limit.
    4.1.2  Sodium Hydroxide (NaOH) Absorbing Solution, 0.1 N or Sodium 
Bicarbonate (NaHCO3) Absorbing Solution, 0.1 N. Dissolve 4.0 g of 
sodium hydroxide in 1 l of water, or dissolve 8.5 g of sodium 
bicarbonate in 1 l of water.
    4.2  Sample Recovery.
    4.2.1  0.1 N NaOH or 0.1 N NaHCO3. See section 4.1.2. Use the 
same solution for recovery as was used in the impingers.
    4.2.2  pH Indicator Strip, for IC/PCR. pH indicator capable of 
determining the pH of solutions between the pH range of 7 and 12, at 0.5 
pH intervals.
    4.3  Sample Preparation and Analysis.
    4.3.1  Nitric Acid (HNO3), Concentrated, for GFAAS. Trace 
metals grade or better HNO3 must be used for reagent preparation. 
The ACS reagent grade HNO3 is acceptable for cleaning glassware.
    4.3.2  HNO3, 1.0 percent (v/v), for GFAAS. Add, with stirring, 
10 ml of concentrated HNO3 to 800 ml of water. Dilute to 1,000 ml 
with water. This reagent shall contain less than 0.001 mg Cr/l.
    4.3.3  Calcium Nitrate Ca(NO3)2 Solution (10 g Ca/ml) 
for GFAAS. Prepare the solution by weighing 36 mg of Ca(NO3)2 
into a 1 l volumetric flask. Dilute with water to 1 l.
    4.3.4  Matrix Modifier, for GFAAS. See instrument manufacturer's 
manual for suggested matrix modifier.
    4.3.5  Chromatographic Eluent, for IC/PCR. The eluent used in the 
analytical system is ammonium sulfate based. Prepare by adding 6.5 ml of 
29 percent ammonium hydroxide (NH4OH) and 33 g of ammonium sulfate 
((NH4)2SO4) to 500 ml of reagent water. Dilute to 1 l 
with reagent water and mix well. Other combinations of eluents and/or 
columns may be employed provided peak resolution, as described in 
section 5.5, repeatability and linearity, as described in section 6.4.1, 
and analytical sensitivity are acceptable.
    4.3.6  Post-Column Reagent, for IC/PCR. An effective post-column 
reagent for use with the chromatographic eluent described in section 
4.3.5 is a diphenylcarbazide (DPC) based system. Dissolve 0.5 g of 1,5-
diphenylcarbazide in 100 ml of ACS grade methanol. Add 500 ml of reagent 
water containing 50 ml of 96 percent spectrophotometric grade sulfuric 
acid. Dilute to 1 l with reagent water.
    4.3.7  Chromium Standard Stock Solution (1,000 mg/l). Procure a 
certified aqueous standard or dissolve 2.829 g of potassium dichromate 
(K2Cr2O7,) in water and dilute to 1 l.
      4.3.8  Calibration Standards for GFAAS. Chromium solutions for 
GFAAS calibration shall be prepared to contain 1.0 percent (v/v) 
HNO3. The zero standard shall be 1.0 percent (v/v) HNO3. 
Calibration standards should be prepared daily by diluting the Cr 
standard stock solution (section 4.3.7) with 1.0 percent HNO3. Use 
at least four standards to make the calibration curve. Suggested levels 
are 0, 5, 50, and 100 g Cr/l.
    4.3.9  Calibration Standards for ICP or IC/PCR. Prepare calibration 
standards for ICP or IC/PCR by diluting the Cr standard stock solution 
(section 4.3.7) with 0.1 N NaOH or 0.1 N NaHCO3, whichever was used 
as the impinger absorbing solution, to achieve a matrix similar to the 
actual field samples. Suggested levels are 0, 25, 50, and 100 g 
Cr/l for ICP, and 0, 0.5, 5, and 10 g Cr+6/l for IC/PCR.
    4.4  Glassware Cleaning Reagents.
    4.4.1  HNO3, Concentrated. The ACS reagent grade or equivalent.
    4.4.2  Water. Reagent water that conforms to ASTM Specification 
D1193-77, Type II, (incorporated by reference--see Sec. 63.14).
     4.4.3 HNO3, 10 percent (v/v). Add with stirring 500 ml of 
concentrated HNO3 to a flask containing approximately 4,000 ml of 
water. Dilute to 5,000 ml with water. Mix well. The reagent shall 
contain less than 2 g Cr/l.

                              5. Procedure

    5.1  Sampling. (a) Same as Method 5, section 4.1 (40 CFR part 60, 
appendix A), except omit the filter and filter holder from the sampling 
train, use a glass nozzle and probe liner, do not heat the probe, place 
100 ml of 0.1 N NaOH or 0.1 N NaHCO3 in each of the first two 
impingers, and record the data for each run on a data sheet such as the 
one shown in Figure 306-2.
    (b) Clean all glassware prior to sampling in hot soapy water 
designed for laboratory cleaning of glassware. Next, rinse the glassware 
three times with tap water, followed by three additional rinses with 
reagent water. Then soak all glassware in 10 percent (v/v) HNO3 
solution for a minimum of 4 hours, rinse three times with reagent water, 
and allowed to air dry. Cover all glassware openings where contamination 
can occur with Parafilm, or equivalent, until the sampling train is 
assembled for sampling.
    (c) If the sample is going to be analyzed for Cr+6 using IC/
PCR, determine the pH of the

[[Page 1135]]

solution in the first impinger at the end of the sampling run using a pH 
indicator strip. The pH of the solution should be greater than 8.5. If 
not, the concentration of the NaOH or NaHCO3 impinger absorbing 
solution should be increased to 0.5 N and the sample should be rerun.
    5.2  Sample Recovery. Follow the basic procedures of Method 5, 
section 4.2, with the exceptions noted below; a filter is not recovered 
from this train.
    5.2.1  Container No. 1. Measure the volume of the liquid in the 
first, second, and third impingers and quantitatively transfer into a 
labelled sample container. Use approximately 200 to 300 ml of 0.1 N NaOH 
or 0.1 N NaHCO3 to rinse the probe nozzle, probe liner, three 
impingers, and connecting glassware; add this rinse to the same 
container.
    5.2.2  Container No. 2 (Reagent Blank). Place approximately 500 ml 
of 0.1 N NaOH or 0.1 N NaHCO3 absorbing solution in a labeled 
sample container.
    5.2.3  Sample Filtration for IC/PCR. If the sample is to be analyzed 
for Cr+6 by IC/PCR, it must be filtered immediately following 
recovery to remove any insoluble matter. Nitrogen gas may be used as a 
pressure assist to the filtration process. Filter the entire contents of 
Container No. 1 through a 0.45-m acetate filter (or 
equivalent), and collect the filtrate in a 1,000 ml graduated cylinder. 
Rinse the sample container with reagent water three separate times, pass 
these rinses through the filter, and add the rinses to the sample 
filtrate. Determine the final volume of the filtrate and rinses and 
return them to the rinsed polyethylene sample container.
    5.2.4  Sample Preservation. Refrigerate samples upon receipt. 
(Containers Nos. 1 and 2).
    5.3  Sample Preparation and Analysis for GFAAS. For analysis by 
GFAAS, an acid digestion of the alkaline impinger solution is required. 
Two types of blanks are required for the analysis. The calibration blank 
is used in establishing the analytical curve, and the reagent blank is 
used to assess possible contamination resulting from the sample 
processing. The 1.0 percent HNO3 is the calibration blank. The 0.1 
N NaOH solution or the 0.1 N NaHCO3 from section 5.2.2 is the 
reagent blank. The reagent blank must be carried through the complete 
analytical procedure, including the acid digestion, and must contain the 
same acid concentration in the final solution as the sample solutions.
    5.3.1  Acid Digestion for GFAAS. (a) In a beaker, add 10 ml of 
concentrated HNO3 to a sample aliquot of 100 ml taken for analysis. 
Cover the beaker with a watch glass. Place the beaker on a hot plate and 
reflux the sample down to near dryness. Add another 5 ml of concentrated 
HNO3 to complete the digestion. Carefully reflux the sample volume 
down to near dryness. Wash down the beaker walls and watch glass with 
reagent water. The final concentration of HNO3 in the solution 
should be 1 percent (v/v). Transfer the digested sample to a 50 ml 
volumetric flask. Add 0.5 ml of concentrated HNO3, and 1 ml of the 
10 g/ml of Ca (NO3)2.
    (b) Dilute to 50 ml with reagent water. A different final volume may 
be used, based on the expected Cr concentration, but the HNO3 
concentration must be maintained at 1 percent (v/v).

[[Page 1136]]

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[[Page 1137]]

    5.3.2 Sample Analysis by GFAAS. (a) The 357.9-nm wavelength line 
shall be used. Follow the manufacturer's operating instructions for all 
other spectrophotometer parameters.
    (b) Furnace parameters suggested by the manufacturer should be 
employed as guidelines. Since temperature-sensing mechanisms and 
temperature controllers can vary between instruments and/or with time, 
the validity of the furnace parameters must be periodically confirmed by 
systematically altering the furnace parameters while analyzing a 
standard. In this manner, losses of analyte due to higher-than-necessary 
temperature settings or losses in sensitivity due to less than optimum 
settings can be minimized. Similar verification of furnace parameters 
may be required for complex sample matrices. Calibrate the GFAAS system 
following the procedures specified in section 6.
    (c) Inject a measured aliquot of digested sample into the furnace 
and atomize. If the concentration found exceeds the calibration range, 
the sample should be diluted with the calibration blank solution (1.0 
percent HNO3) and reanalyzed. Consult the operator's manual for 
suggested injection volumes. The use of multiple injections can improve 
accuracy and help detect furnace pipetting errors.
    (d) Analyze a minimum of one matrix-matched reagent blank per sample 
batch to determine if contamination or any memory effects are occurring. 
Analyze a calibration blank and a midpoint calibration check standard 
after approximately every 10 sample injections.
    (e) Calculate the Cr concentrations:
    (1) By the method of standard additions (see operator's manual),
    (2) From the calibration curve, or
    (3) Directly from the instrument's concentration readout. All 
dilution or concentration factors must be taken into account. All 
results should be reported in g Cr/ml with up to three 
significant figures.
    5.4  Sample Analysis by ICP. (a) The ICP measurement is performed 
directly on the alkaline impinger solution; acid digestion is not 
necessary provided the samples and standards are matrix matched. 
However, ICP should only be used when the solution analyzed has a Cr 
concentration greater than 35 g/l.
    (b) Two types of blanks are required for the analysis. The 
calibration blank is used in establishing the analytical curve, and the 
reagent blank is used to assess possible contamination resulting from 
sample processing. Use either 0.1 N NaOH or 0.1 N NaHCO3, whichever 
was used for the impinger absorbing solution, for the calibration blank. 
The calibration blank can be prepared fresh in the laboratory; it does 
not have to be from the same batch of solution that was used in the 
field. Prepare a sufficient quantity to flush the system between 
standards and samples. The reagent blank (section 5.2.2) is a sample of 
the impinger solution used for sample collection that is collected in 
the field during the testing program.
    (c) Set up the instrument with proper operating parameters including 
wavelength, background correction settings (if necessary), and 
interfering element correction settings (if necessary). The instrument 
must be allowed to become thermally stable before beginning performance 
of measurements (usually requiring at least 30 min of operation prior to 
calibration). During this warmup period, the optical calibration and 
torch position optimization may be performed (consult the operator's 
manual).
    (d) Calibrate the instrument according to the instrument 
manufacturer's recommended procedures, and the procedures specified in 
section 6.3. Before analyzing the samples, reanalyze the highest 
calibration standard as if it were a sample. Concentration values 
obtained should not deviate from the actual values by more than 5 
percent, or the established control limits, whichever is lower (see 
sections 6 and 7). If they do, follow the recommendations of the 
instrument manufacturer to correct for this condition.
    (e) Flush the system with the calibration blank solution for at 
least 1 min before the analysis of each sample or standard. Analyze the 
midpoint calibration standard and the calibration blank after each 10 
samples. Use the average intensity of multiple exposures for both 
standardization and sample analysis to reduce random error.
    (f) Dilute and reanalyze samples that are more concentrated than the 
linear calibration limit or use an alternate, less sensitive Cr 
wavelength for which quality control data are already established.
    (g) If dilutions are performed, the appropriate factors must be 
applied to sample values. All results should be reported in g 
Cr/ml with up to three significant figures.
    5.5  Sample Analyses by IC/PCR. (a) The Cr+6 content of the 
sample filtrate is determined by IC/PCR. To increase sensitivity for 
trace levels of chromium, a preconcentration system is also used in 
conjunction with the IC/PCR.
    (b) Prior to preconcentration and/or analysis, filter all field 
samples through a 0.45-m filter. This filtration should be 
conducted just prior to sample injection/analysis.
    (c) The preconcentration is accomplished by selectively retaining 
the analyte on a solid absorbent (as described in section 3.4.3.3), 
followed by removal of the analyte from the absorbent. Inject the sample 
into a sample loop of the desired size (use repeated loadings or a 
larger size loop for greater sensitivity). The Cr+6 is collected on 
the resin bed of the column. Switch the injection valve so that the 
eluent displaces the concentrated Cr+6 sample, moving it off the

[[Page 1138]]

preconcentration column and onto the IC anion separation column. After 
separation from other sample components, the Cr+6 forms a specific 
complex in the post-column reactor with the DPC reaction solution, and 
the complex is detected by visible absorbance at a wavelength of 520 nm. 
The amount of absorbance measured is proportional to the concentration 
of the Cr+6 complex formed. Compare the IC retention time and the 
absorbance of the Cr+6 complex with known Cr+6 standards 
analyzed under identical conditions to provide both qualitative and 
quantitative analyses.
    (d) Two types of blanks are required for the analysis. The 
calibration blank is used in establishing the analytical curve, and the 
reagent blank is used to assess possible contamination resulting from 
sample processing. Use either 0.1 N NaOH or 0.1 N NaHCO3, whichever 
was used for the impinger solution, for the calibration blank. The 
calibration blank can be prepared fresh in the laboratory; it does not 
have to be from the same batch of solution that was used in the field. 
The reagent blank (section 5.2.2) is a sample of the impinger solution 
used for sample collection that is collected in the field during the 
testing program.
    (e) Prior to sample analysis, establish a stable baseline with the 
detector set at the required attenuation by setting the eluent flow rate 
at approximately 1 ml/min and the post-column reagent flow rate at 
approximately 0.5 ml/min. Note: As long as the ratio of eluent flow rate 
to PCR flow rate remains constant, the standard curve should remain 
linear. Inject a sample of reagent water to ensure that no Cr+6 
appears in the water blank.
    (f) First, inject the calibration standards prepared, as described 
in section 4.3.9 to cover the appropriate concentration range, starting 
with the lowest standard first. Next, inject, in duplicate, the 
calibration reference standard (as described in section 7.3.1), followed 
by the reagent blank (section 5.2.2), and the field samples. Finally, 
repeat the injection of the calibration standards to assess instrument 
drift. Measure areas or heights of the Cr+6/DPC complex 
chromatogram peaks. The response for replicate, consecutive injections 
of samples must be within 5 percent of the average response, or the 
injection should be repeated until the 5 percent criterion can be met. 
Use the average response (peak areas or heights) from the duplicate 
injections of calibration standards to generate a linear calibration 
curve. From the calibration curve, determine the concentrations of the 
field samples employing the average response from the duplicate 
injections.

                             6. Calibration

    6.1  Sampling Train Calibration. Perform all of the calibrations 
described in Method 5, section 5 (40 CFR part 60, appendix A). The 
alternate calibration procedures described in section 7 of Method 5 (40 
CFR part 60, appendix A) may also be used.
    6.2  GFAAS Calibration. Either run a series of chromium standards 
and a calibration blank and construct a calibration curve by plotting 
the concentrations of the standards against the absorbencies, or using 
the method of standard additions, plot added concentration versus 
absorbance. For instruments that read directly in concentration, set the 
curve corrector to read out the proper concentration, if applicable. 
This is customarily performed automatically with most instrument 
computer-based data systems.
    6.2.1  GFAAS Calibration Curve. If a calibration curve is used, it 
should be prepared daily with a minimum of a calibration blank and three 
standards. Calibration standards for total chromium should start with 1 
percent v/v HNO3 with no chromium for the calibration blank, with 
appropriate increases in total chromium concentration for the other 
calibration standards (see section 4.3.9.). Calibration standards should 
be prepared fresh daily.
    6.3  ICP Calibration. Calibrate the instrument according to the 
instrument manufacturer's recommended procedures, using a calibration 
blank and three standards for the initial calibration. Calibration 
standards should be prepared fresh daily, as described in section 4.3.9. 
Be sure that samples and calibration standards are matrix matched. Flush 
the system with the calibration blank between each standard. Use the 
average intensity of multiple exposures for both standardization and 
sample analysis to reduce random error.
    6.4  IC/PCR Calibration. Prepare a calibration curve using the 
calibration blank and three calibration standards prepared fresh daily 
as described in section 4.3.9. Run the standards with the field samples 
as described in section 5.5.

                           7. Quality Control

    7.1  GFAAS Quality Control
    7.1.1  GFAAS Calibration Reference Standards. If a calibration curve 
is used, it must be verified by use of at least one calibration 
reference standard (made from a reference material or other independent 
standard material) at or near the mid-range of the calibration curve. 
The calibration reference standard must be measured within 10 percent of 
it's true value for the curve to be considered valid. The curve must be 
validated before sample analyses are performed.
    7.1.2  GFAAS Check Standards. (a) Run a check standard and a 
calibration blank after approximately every 10 sample injections, and at 
the end of the analytical run. These standards are run, in part, to 
monitor the life and performance of the graphite tube. Lack of 
reproducibility or a significant change in the signal for the check 
standard

[[Page 1139]]

indicates that the graphite tube should be replaced. Check standards can 
be the mid-range calibration standard or the reference standard. The 
results of the check standard shall agree within 10 percent of the 
expected value. If not, terminate the analyses, correct the problem, 
recalibrate the instrument, and reanalyze all samples analyzed 
subsequent to the last acceptable check standard analysis.
    (b) The results of the calibration blank are to agree within three 
standard deviations of the mean blank value. If not, repeat the analysis 
two more times and average the results. If the average is not within 
three standard deviations of the background mean, terminate the 
analyses, correct the problem, recalibrate, and reanalyze all samples 
analyzed subsequent to the last acceptable calibration blank analysis.
    7.1.3  GFAAS Duplicate Samples. Run one duplicate sample for every 
20 samples, (or one per source test, whichever is more frequent). 
Duplicate samples are brought through the whole sample preparation and 
analytical process separately. Duplicate samples shall agree within 10 
percent.
    7.1.4  GFAAS Matrix Spiking. Spiked samples shall be prepared and 
analyzed daily to ensure that correct procedures are being followed and 
that all equipment is operating properly. Spiked sample recovery 
analyses should indicate a recovery for the Cr spike of between 75 and 
125 percent. Spikes are added prior to any sample preparation. Cr levels 
in the spiked sample should provide final solution concentrations that 
fall within the linear portion of the calibration curve.
    7.1.5  GFAAS Method of Standard Additions. Whenever sample matrix 
problems are suspected and standard/sample matrix matching is not 
possible or whenever a new sample matrix is being analyzed, the method 
of standard additions shall be used for the analysis of all extracts. 
Section 5.4.2 of Method 12 (40 CFR part 60, appendix A) specifies a 
performance test to determine if the method of standard additions is 
necessary.
    7.1.6  GFAAS Reagent Blank Samples. Analyze a minimum of one matrix-
matched reagent blank (section 5.2.2) per sample batch to determine if 
contamination or memory effects are occurring. The results should agree 
within three standard deviations of the mean blank value.
    7.2  ICP Quality Control.
    7.2.1  ICP Interference Check. Prepare an interference check 
solution to contain known concentrations of interfering elements that 
will provide an adequate test of the correction factors in the event of 
potential spectral interferences. Two potential interferences, iron and 
manganese, may be prepared as 1,000 g/ml and 200 g/ml 
solutions, respectively. The solutions should be prepared in dilute 
HNO3 (1-5 percent). Particular care must be taken to ensure that 
the solutions and/or salts used to prepare the solutions are of ICP 
grade purity (i.e., that no measurable Cr contamination exists in the 
salts/solutions). Commercially prepared interfering element check 
standards are available. Verify the interelement correction factors 
every three months by analyzing the interference check solution. The 
correction factors are calculated according to the instrument 
manufacturer's directions. If interelement correction factors are used 
properly, no false Cr should be detected.
    7.2.2  ICP Calibration Reference Standards. Prepare a calibration 
reference standard in the same alkaline matrix as the calibration 
standards; it should be at least 10 times the instrumental detection 
limit. This reference standard should be prepared from a different Cr 
stock solution source than that used for preparation of the calibration 
curve standards and is used to verify the accuracy of the calibration 
curve. Prior to sample analysis, analyze at least one reference 
standard. The calibration reference standard must be measured within 10 
percent of it's true value for the curve to be considered valid. The 
curve must be validated before sample analyses are performed.
    7.2.3  ICP Check Standards. Run a check standard and a calibration 
blank after every 10 samples, and at the end of the analytical run. 
Check standards can be the mid-range calibration standard or the 
reference standard. The results of the check standard shall agree within 
10 percent of the expected value; if not, terminate the analyses, 
correct the problem, recalibrate the instrument, and rerun all samples 
analyzed subsequent to the last acceptable check standard analysis. The 
results of the calibration blank are to agree within three standard 
deviations of the mean blank value. If not, repeat the analysis two more 
times and average the results. If the average is not within three 
standard deviations of the background mean, terminate the analyses, 
correct the problem, recalibrate, and reanalyze all samples analyzed 
subsequent to the last acceptable calibration blank analysis.
    7.2.4  ICP Duplicate Samples. Analyze one duplicate sample for every 
20 samples, (or one per source test, whichever is more frequent). 
Duplicate samples are brought through the whole sample preparation and 
analytical process. Duplicate samples shall agree within 10 percent.
    7.2.5  ICP Reagent Blank Samples. Analyze a minimum of one matrix-
matched reagent blank (section 5.2.2) per sample batch to determine if 
contamination or memory effects are occurring. The results should agree 
within three standard deviations of the mean blank value.
    7.3  IC/PCR Quality Control.
    7.3.1  IC/PCR Calibration Reference Standards. Prepare a calibration 
reference standard in the same alkaline matrix as the calibration 
standards at a concentration that is

[[Page 1140]]

at or near the mid-point of the calibration curve. This reference 
standard should be prepared from a different Cr stock solution source 
than that used for preparing the calibration curve standards. The 
reference standard is used to verify the accuracy of the calibration 
curve. Prior to sample analysis, analyze at least one reference 
standard. The results of this analysis of the reference standard must be 
within 10 percent of the true value of the reference standard for the 
calibration curve to be considered valid. The curve must be validated 
before sample analyses are performed.
    7.3.2  IC/PCR Check Standards. (a) Run the calibration blank and 
calibration standards with the field samples as described in section 
5.5. For each standard, determine the peak areas (recommended) or the 
peak heights, calculate the average response from the duplicate 
injections, and plot the average response against the Cr+6 concentration 
in g/l. The individual responses for each calibration standard 
determined before and after field sample analysis must be within 5 
percent of the average response for the analysis to be valid. If the 5 
percent criteria is exceeded, excessive drift and/or instrument 
degradation may have occurred, and must be corrected before further 
analyses are performed.
    (b) Employing linear regression, calculate a predicted value for 
each calibration standard using the average response for the duplicate 
injections. Each predicted value must be within 7 percent of the actual 
value for the calibration curve to be considered acceptable. If not 
acceptable, remake and/or rerun the calibration standards. If the 
calibration curve is still unacceptable, reduce the range of the curve.
    7.3.3  IC/PCR Duplicate Samples. Analyze one duplicate sample for 
every 20 samples, (or one per source test, whichever is more frequent). 
Duplicate samples are brought through the whole sample preparation and 
analytical process. Duplicate samples shall agree within 10 percent.
    7.3.4  ICP Reagent Blank Samples. Analyze a minimum of one matrix-
matched reagent blank (section 5.2.2) per sample batch to determine if 
contamination or memory effects are occurring. The results should agree 
within three standard deviations of the mean blank value.

                        8. Emission Calculations

    Carry out the calculations, retaining one extra decimal figure 
beyond that of the acquired data. Round off figures after final 
calculations.
    8.1 Total Cr in Sample. Calculate MCr, the total g Cr 
in each sample, as follows:

MCr = (Vml) (CS) (F) (D)    Eq.306-1
where:

Vml = Volume of impinger contents plus rinses, ml.
CS = Concentration of Cr in sample solution, g Cr/ml.
F = Dilution factor.
= Volume of aliquot after dilution, ml; Volume of aliquot before 
          dilution, ml
D = Digestion factor.
= Volume of sample aliquot after digestion, ml; Volume of sample aliquot 
          submitted to digestion, ml

    8.2  Average Dry Gas Meter Temperature and Average Orifice Pressure 
Drop. Same as Method 5, section 6.2.
    8.3  Dry Gas Volume, Volume of Water Vapor, Moisture Content. Same 
as Method 5, sections 6.3, 6.4, and 6.5, respectively.
    8.4 Cr  Emission Concentration. Calculate CCr, the Cr 
concentration in the stack gas, in mg/dscm on a dry basis, corrected to 
standard conditions, as follows:

CCr=(10-3 mg/g) (MCr/Vm(std))    Eq. 306-2
where:

 Vm(std)=Gas sample volume measured by the dry gas meter, corrected 
          to dry standard conditions, dscm.

    8.5  Isokinetic Variation, Acceptable Results. Same as Method 5, 
sections 6.11 and 6.12, respectively.

                             9. Bibliography

    1. ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' U. S. Environmental Protection Agency Publication SW-846, 2nd 
Edition, July 1982.
    2. Cox, X.B., R.W. Linton, and F.E. Butler. Determination of 
Chromium Speciation in Environmental Particles--A Multitechnique Study 
of Ferrochrome Smelter Dust. Accepted for publication in Environmental 
Science and Technology.
    3. Same as Bibliography of Method 5, Citations 2 to 5 and 7.
    4. California Air Resources Board, ``Determination of Total Chromium 
and Hexavalent Chromium Emissions from Stationary Sources.'' Method 425, 
September 12, 1990.
    5. ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods'', U.S. Environmental Protection Agency Publication SW-846, 3rd 
Edition, November 1986 as amended by Update I, November 1990.

  Method 306A--Determination of Chromium Emissions From Decorative and 
          Hard Chromium Electroplating and Anodizing Operations

                     1. Applicability and Principle

    1.1  Applicability. This method applies to the determination of 
chromium (Cr) in emissions from decorative and hard chromium 
electroplating facilities and anodizing operations. The method is less 
expensive and less complex to conduct than Method 306 of this

[[Page 1141]]

appendix. Correctly applied, the precision and bias of the sample 
results will be comparable to those obtained with the isokinetic Method 
306 of this appendix. This method is applicable under ambient moisture, 
air, and temperature conditions.
    1.2  Principle. A sample is extracted from the source at a constant 
sampling rate determined by a critical orifice and collected in a probe 
and impingers. The sampling time at the sampling traverse points is 
varied according to the stack gas velocity at each point to obtain a 
proportional sample. The concentration is determined by the same 
analytical procedures used in Method 306 of this appendix: inductively-
coupled plasma emission spectrometry (ICP), graphite furnace atomic 
absorption spectrometry (GFAAS), or ion chromatography with a post-
column reactor (IC/PCR).

           2. Range, Sensitivity, Precision, and Interferences

    Same as Method 306, section 2 of this appendix.

                              3. Apparatus

    Note: Mention of trade names or specific products does not 
constitute endorsement by the Environmental Protection Agency.
    3.1  Sampling Train. A schematic of the sampling train is shown in 
Figure 306A-1. The components of the train are available commercially, 
but some fabrication and assembly are required. If Method 306 equipment 
is available, the sampling train may be assembled as specified in Method 
306 of this appendix and the sampling rate of the meter box set at the 
delta H@ specified for the calibrated orifice; this train is then 
operated as specified in this method.
    3.1.1  Probe Nozzle/Tubing and Sheath. Use approximately 1/4 in. 
inside diameter (ID) glass or rigid plastic tubing about 8 in. long with 
a short 90 deg. bend at one end to form the nozzle. Grind a slight taper 
on the nozzle end before making the bend. Attach the nozzle to flexible 
tubing of sufficient length to collect a sample from the stack. Use a 
straight piece of larger diameter rigid tubing (such as metal conduit or 
plastic water pipe) to form a sheath that begins about 1 in. from the 
90 deg. bend on the nozzle and encases the flexible tubing.

[[Page 1142]]

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[[Page 1143]]

    3.1.2  S-Type Pitot. Same as Method 2, section 3 (40 CFR part 60, 
appendix A).
    3.1.3  Sample Line. Use thick wall flexible plastic tubing (e.g., 
polyethylene, polypropylene, or polyvinylchloride) about \1/4\ in. to 
\3/8\ in. ID to connect the train components. A combination of rigid 
plastic tubing and thin wall flexible tubing may be used as long as 
neither tubing collapses when leak-checking the train. Metal tubing 
cannot be used.
    3.1.4  Impingers. One quart capacity ``Mason'' glass canning jars 
with vacuum seal lids are used. Three impingers are required: the first 
is for collecting the pollutant in the absorbing solution, the second is 
empty and is used to collect any absorbing solution carried over from 
the first impinger, and the third contains the drying agent. Install 
leak-tight inlet and outlet tubes in the lids of each impinger for 
assembly with the train. The tubes may be made of approximately \1/4\ 
in. ID glass or rigid plastic tubing. For the inlet tube of the first 
impinger, heat the glass or plastic tubing and draw until the tubing 
separates. Cut the tip off until the tip orifice is \3/32\ in. in 
diameter. When fabricating the first impinger, place the tip orifice \3/
16\ in. above the bottom of the jar when assembled. For the second 
impinger, the inlet tube need not be drawn and sized, but the tip should 
be approximately 2 in. above the bottom of the jar. The inlet tube of 
the third impinger should extend to about \1/2\ in. above the bottom of 
the jar. Locate the outlet tube end of all impingers about \1/2\ in. 
beneath the bottom of the lid.
    3.1.5  Manometer. Inclined/vertical type, or equivalent device, as 
described in section 2.2 of Method 2 (40 CFR part 60, appendix A).
    3.1.6  Critical Orifice. The critical orifice is a small restriction 
in the sample line (approximately \1/16\ in. in diameter) that is 
located upstream of the vacuum pump and sets the sample rate at about 
0.75 cfm. An orifice can be made of \3/32\ in. brass tubing 
approximately \9/16\ in. long sealed inside larger diameter, 
approximately \5/16\ in., brass tubing to serve as a critical orifice 
giving a constant sample flow. Materials other than brass can be used to 
construct the critical orifice as long as the flow through the sampling 
train is approximately 0.75 cfm.
    3.1.7  Connecting Hardware. Standard pipe and fittings, \1/4\ in. or 
\1/8\ in., are used to install the vacuum pump and dry gas meter in the 
sampling train.
    3.1.8  Pump Oiler. A glass oil reservoir with a wick mounted at the 
vacuum pump inlet lubricates the pump vanes. The oiler should be an 
inline type and not vented to the atmosphere.
    3.1.9  Vacuum Pump. Gast Model 0522-V103-G18DX, or equivalent, 
capable of delivering at least 1.5 cfm at 15 in. Hg vacuum.
    3.1.10  Oil Trap. An empty glass oil reservoir without wick is 
mounted at pump outlet to prevent oil from reaching the dry gas meter.
    3.1.11  Dry Gas Meter. A Rockwell model 175-s test meter, or 
equivalent, with a thermometer installed to monitor meter temperature. 
The dry gas meter must be capable of measuring volume to within 2 
percent.
    3.2  Sample Recovery.
    3.2.1   Wash Bottles. These are glass or inert plastic, 500 or 1000 
ml, with spray tube.
    3.2.2  Sample Containers. The first mason jar impinger of the 
sampling train serves as the sample container. A new lid and plastic 
wrap are substituted for the impinger inlet/outlet assembly.
    3.3  Analysis. Same as Method 306, section 3.3 of this appendix.

                               4. Reagents

    4.1  Sampling. Same as Method 306, section 4.1 of this appendix.
    4.2  Sample Recovery. Same as Method 306, section 4.2 of this 
appendix.

                              5. Procedure

    5.1  Sampling.
    5.1.1  Pretest Preparation.
    5.1.1.1  Port Location. Locate the sampling ports as specified in 
section 2.1 of Method 1 (40 CFR part 60, appendix A). Use a total of 24 
sampling points for round ducts and 25 points for rectangular ducts. 
Locate the sampling points as specified in section 2.3 of Method 1 (40 
CFR part 60, Appendix A). Mark the pitot and sampling probe with thin 
strips of tape to permit velocity pressure and sample traversing. For 
ducts less than 12 in. in diameter, use a total of 16 points.
    5.1.1.2  Velocity Pressure Traverse. (a) Perform a velocity pressure 
traverse before the first sample run. Figure 306A-2 may be used to 
record velocity pressure data. If testing occurs over several days, 
perform the traverse at the beginning of each day. Perform velocity 
pressure traverses as specified in section 3 of Method 2 (40 CFR part 
60, appendix A), but record only the p (velocity head) values 
for each sampling point.
    (b) Check for cyclonic flow during the first traverse to verify that 
it does not exist; if cyclonic flow does exist, make sure that the 
absolute average angle of misalignment does not exceed 20 deg.. If the 
average angle of misalignment exceeds 20 deg. at an outlet location, 
install straightening vanes to eliminate the cyclonic flow. If it is 
necessary to test an inlet location where cyclonic flow exists, it may 
not be possible to install straightening vanes. In this case, a 
variation of the alignment method must be used. This must be approved by 
the Administrator.

[[Page 1144]]

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[[Page 1145]]

    5.1.1.3  Point Sampling Times. Since the sampling rate of the train 
is held constant by the critical orifice, it is necessary to calculate 
specific sampling times for each point in order to obtain a proportional 
sample. If all sampling can be completed in a single day, it is 
necessary to calculate the point sampling times only once. If sampling 
occurs over several days, recalculate the point sample times each day. 
Determine the average of the p values obtained during the 
traverse (Figure 306A-2). Calculate the sampling times for each point 
using Equation 306A-1. Convert the decimal parts of minutes to seconds. 
If the stack diameter is less than 12 in., use 7.5 minutes in place of 5 
minutes in the equation and 16 sampling points.
[GRAPHIC] [TIFF OMITTED] TR25JA95.003

Where:

n=Sampling point number.
p=Velocity head measured by Type-S pitot tube, in. H2O

    5.1.1.4 Preparation of Sampling Train. Assemble the sampling train 
as shown in Figure 306A-1. Secure the nozzle-liner assembly to the 
sheath to prevent slipping when sampling. Before charging, rinse the 
first mason jar impinger with either 0.1 N sodium hydroxide (NaOH) or 
0.1 N sodium bicarbonate (NaHCO3); discard the solution. Put 250 ml 
of 0.1 N NaOH or 0.1 N NaHCO3 absorbing solution into the first 
mason jar impinger. Similarly, rinse the second mason jar impinger and 
leave empty. Put silica gel into the third mason jar impinger until the 
impinger is half full. Place the impingers into an ice bath and check to 
ensure that the lids are tight.
    5.1.1.5  Train Leak Check Procedure. Wait until the ice has cooled 
the impingers. Next, seal the nozzle with a finger covered by a piece of 
clear plastic wrap and turn on the pump. The vacuum in the line between 
the pump and the critical orifice must be at least 15 in. Hg. Observe 
any leak rate on the dry gas meter. The leak rate should not exceed 0.02 
cfm.
    5.1.2  Sampling Train Operation.
    5.1.2.1  Record all pertinent process and sampling data on the data 
sheet (see Figure 306A-3). Ensure that the process operation is suitable 
for sample collection.

[[Page 1146]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.074



[[Page 1147]]

    5.1.2.2  Place the probe/nozzle into the duct at the first sampling 
point and seal the port. Turn on the pump. A minimum vacuum of 15 in. Hg 
or 0.47 atmosphere between the critical orifice and pump is required to 
maintain critical flow. Sample for the time interval previously 
determined for that point. Move to the second point and sample for the 
time interval determined for that point; sample all points on the 
traverse in this manner. Keep ice around the impingers during the run. 
Complete the traverse and turn off the pump. Move to the next sampling 
port and repeat. Record the final dry gas meter reading. (NOTE: If an 
approximate mass emission rate is desired, record the stack temperature 
before and after the run.)
    5.1.2.3  Post Test Leak Check. Remove the probe assembly and 
flexible tubing from the first impinger. Do not cover the nozzle. Seal 
the inlet tube of the first impinger with a finger covered by clear 
plastic wrap and turn on the pump. The vacuum in the line between the 
pump and the critical orifice must be at least 15 in. Hg. Observe any 
leak rate on the dry gas meter. If the leak rate exceeds 0.02 cfm, 
reject the run. If the leak rate is acceptable, take the probe assembly 
and impinger assembly to the sample recovery area.
    5.2  Sample Recovery.
    5.2.1   Container No. 1. (a) After the train has been moved to the 
sample recovery area, disconnect the tubing that joins the first 
impinger with the second.
    (b) The first impinger jar is also used as the sample container jar. 
Unscrew the lid from the first impinger jar. Lift the inlet/outlet tube 
assembly almost out of the jar, and using the wash bottle, rinse the 
outside of the impinger tip that was immersed in the impinger jar with 
extra absorbing solution; rinse the inside of the tip as well.
    (c) Recover the second impinger by removing the lid and pouring any 
contents from the second impinger into the first impinger. Rinse the 
second impinger including the inside and outside of the impinger stem as 
well as any connecting plastic tubing with extra absorbing solution and 
place the rinse into the first impinger.
    (d) Hold the nozzle and connecting plastic tubing in a vertical 
position so that the tubing forms a ``U.'' Using the wash bottle, 
partially fill the tubing with sampling reagent. Raise and lower the end 
of the plastic tubing several times to cause the reagent to contact the 
major portion of the internal parts of the assembly thoroughly. Do not 
raise the solution level too high or part of the sample will be lost. 
Place the nozzle end of the assembly over the mouth of the first 
impinger jar (sample container) and elevate the plastic tubing so that 
the solution flows rapidly out of the nozzle. Perform this procedure 
three times. Next, repeat the recovery procedure but allow the solution 
to flow rapidly out the open end of the plastic tubing into the first 
impinger jar.
    (e) Place a piece of clear plastic wrap over the mouth of the first 
impinger jar. Use a standard lid and band assembly to seal the jar. 
Label the jar with the sample number and mark the liquid level to gauge 
any losses during handling.
    5.2.2  Container No. 2 (Reagent Blank). Place approximately 500 ml 
of the 0.1 N NaOH or 0.1 N NaHCO3 absorbing solution in a labeled 
sample container.
    5.2.3  Sample Filtration for IC/PCR. If the sample is to be analyzed 
for Cr+6 by IC/PCR, it must be filtered immediately following 
recovery as described in section 5.2.3 of Method 306 of this appendix.
    5.3  Analysis. Sample preparation and analysis procedures are 
identical to Method 306, section 5.3 of this appendix.

                             6. Calibration

    6.1  Dry Gas Meter. (a) Dry gas meter calibrations may be performed 
by either the manufacturer, a firm who provides calibration services, or 
the tester. The dry gas meter calibration coefficient (Ym) must be 
determined prior to initial use of the meter, and must be checked 
following each field use.
    (b) If the dry gas meter is new, the manufacturer will have 
specified the Ym for the meter. The manufacturer may also have 
included a calibration orifice and a data sheet with the meter that may 
be used for calibration purposes. The sheet will specify a standard 
cubic foot volume and a sample time, and these values were determined 
when the orifice was used to set the initial Ym for the meter. The 
Ym may be checked by disconnecting the critical orifice in the 
sampling train and replacing it with the calibration orifice. The inlet 
side of the calibration orifice is open to the atmosphere and is not 
reconnected to the sample train. Record the initial dry gas meter volume 
and meter temperature. Turn on the pump and operate it for the number of 
minutes specified by the manufacturer's data sheet. Stop the pump and 
record the final dry gas meter volume and temperature. Subtract the 
start volume from the stop volume and average the temperatures. Check 
the Ym for the dry gas meter after the test by using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR25JA95.004

Where:

Ft.3m=Cubic feet given by meter manufacturer
Tm=Temperature of meter in degrees Fahrenheit

[[Page 1148]]

Ft3pt=Cubic feet from dry gas meter, post test
Pbar=Barometric pressure in inches of mercury

    Compare the Ym just calculated with the Ym given by the 
manufacturer:
[GRAPHIC] [TIFF OMITTED] TR25JA95.005

    If this value is between 0.95 and 1.05, the Ym of the meter is 
acceptable. If the value lies outside the specified range, the test 
series shall either be voided, or calculations for the test series shall 
be performed using whichever meter coefficient value (i.e., before and 
after) that gives the lower value of total sample volume. Return the dry 
gas meter to the manufacturer for recalibration. The calibration may 
also be conducted as specified in section 5.3.1 or section 7 of Method 5 
(40 CFR part 60, appendix A), except that it is only necessary to check 
the calibration at an approximate flow rate of 0.75 cfm. The calibration 
of the dry gas meter must be checked after each field use in the same 
manner. If the values of Ym obtained before and after a test series 
differ by more than 5%, the test series shall either be voided, or 
calculations for the test series shall be performed using whichever 
meter coefficient value (i.e., before or after) that gives the lower 
value of total sample volume.
    6.2  GFAA Spectrometer. Same as Method 306, section 6.2 of this 
appendix.
    6.3  ICP Spectrometer. Same as Method 306, section 6.3 of this 
appendix.

                           7. Quality Control

    Same as Method 306, section 7 of this appendix.

                             8. Calculations

    8.1  Pollutant Concentration. Calculate Ccr, the Cr 
concentration in the stack gas, in mg/dscm on a dry basis as follows:
[GRAPHIC] [TIFF OMITTED] TR25JA95.006

where:

MCr=Amount of Cr in sample from Method 306 of this appendix, Eq. 
          306-1, g.
Tm=Dry gas meter temperature,  deg.F.
Ym=Dry gas meter correction factor, dimensionless.
Vm=Dry gas meter volume, ft3.
Pbar=Barometric pressure, in. Hg.

    8.2  Approximate Mass Emission Rate (Optional). Calculate an 
approximate mass emission rate of Cr in kg/hr using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR25JA95.007

where:

r=Radius of stack, in.
(p)avg=Average of p values.
Ts=Stack temperature,  deg.F.
Pbar=Barometric pressure, in. Hg.
CCr=Concentration of Cr, mg/dscm.

    Note: The emission rate calculated using Equation 306A-3 is based on 
an assumed moisture content of 2%.

                             9. Bibliography

    1. Clay, F.R. Memo, Impinger Collection Efficiency--Mason Jars vs. 
Greenburg-Smith Impingers, Dec. 1989.
    2. Segall, R.R., W.G. DeWees, F.R. Clay, and J.W. Brown. Development 
of Screening Methods for Use in Chromium Emissions Measurement and 
Regulations Enforcement. In: Proceedings of the 1989 EPA/A&WMA 
International Symposium--Measurement of Toxic and Related Air 
Pollutants, A&WMA Publication VIP-13, EPA Report No. 600/9-89-060, p. 
785.
    3. Clay, F.R. Chromium Sampling Method. In: Proceedings of the 1990 
EPA/A&WMA International Symposium--Measurement of Toxic and Related Air 
Pollutants, A&WMA Publication VIP-17, EPA Report No. 600/9-90-026, p. 
576.
    4. Clay, F.R. Proposed Sampling Method 306A for the Determination of 
Hexavalent Chromium Emissions from Electroplating and Anodizing 
Facilities. In: Proceedings of

[[Page 1149]]

the 1992 EPA/A&WMA International Symposium--Measurement of Toxic and 
Related Air Pollutants, A&WMA Publication VIP-25, EPA Report No. 600/R-
92/131, p. 209.

Method 306-B--Surface Tension Measurement and Recordkeeping for Chromium 
      Plating Tanks Used at Electroplating and Anodizing Facilities

                     1. Applicability and Principle

    1.1  Applicability. This method is applicable to all decorative 
plating and anodizing operations where a wetting agent is used in the 
tank as the primary mechanism for reducing emissions from the surface of 
the solution.
    1.2  Principle. During an electroplating or anodizing operation, gas 
bubbles generated during the process rise to the surface of the tank 
liquid and burst. Upon bursting, tiny droplets of chromic acid become 
entrained in ambient air. The addition of a wetting agent to the tank 
bath reduces the surface tension of the liquid and diminishes the 
formation of these droplets.

                              2. Apparatus

    2.1  Stalagmometer. Any commercially available stalagmometer or 
equivalent surface tension measuring device may be used to measure the 
surface tension of the plating or anodizing tank liquid.
    2.2  Tensiometer. A tensiometer may be used to measure the surface 
tension of the tank liquid provided the procedures specified in ASTM 
Method D 1331-89, Standard Test Methods for Surface and Interfacial 
Tension of Solutions of Surface Active Agents (incorporated by 
reference--see Sec. 63.14) are followed.

                              3. Procedure

    3.1  The surface tension of the tank bath may be measured by using a 
tensiometer, a stalagmometer or any other device suitable for measuring 
surface tension in dynes per centimeter. If the tensiometer is used, the 
instructions given in ASTM Method D 1331-89, Standard Test Methods for 
Surface and Interfacial Tension of Solutions of Surface Active Agents 
(incorporated by reference--see Sec. 63.14) must be followed. If a 
stalagmometer or other device is used to measure surface tension, the 
instructions that came with the measuring device must be followed.
    3.2  (a) Measurements of the bath surface tension are done using a 
progressive system which minimizes the number of surface tension 
measurements required when the proper surface tension is maintained. 
Initially, measurements must be made every 4 hours of tank operation for 
the first 40 hours of tank operation after the compliance date. Once 
there are no exceedances during 40 hours of tank operation, measurements 
may be conducted once every 8 hours of tank operation. Once there are no 
exceedances during 40 hours of tank operation, measurements may be 
conducted once every 40 hours of tank operation on an on-going basis, 
until an exceedance occurs. The maximum time interval for measurements 
is once every 40 hours of tank operation.
    (b) If a measurement of the surface tension of the solution is above 
the 45 dynes per centimeter limit, the time interval reverts back to the 
original monitoring schedule of once every 4 hours. A subsequent 
decrease in frequency would then be allowed according to the previous 
paragraph.

                            4. Recordkeeping

    4.1  Log book of surface tension measurements and fume suppressant 
additions. The surface tension of the plating or anodizing tank bath 
must be measured as specified in section 3.2. The measurements must be 
recorded in the log book. In addition to the record of surface tension 
measurements, the frequency of fume suppressant maintenance additions 
and the amount of fume suppressant added during each maintenance 
addition will be recorded in the log book. The log book will be readily 
available for inspection by regulatory personnel.
    4.2  Instructions for apparatus used in measuring surface tension. 
Also included with the log book must be a copy of the instructions for 
the apparatus used for measuring the surface tension of the plating or 
anodizing bath. If a tensiometer is used, a copy of ASTM Method D 1331-
89, Standard Methods for Surface and Interfacial Tension of Solutions of 
Surface Active Agents (incorporated by reference--see Sec. 63.14) must 
be included with the log book.

 Method 307--Determination of Emissions From Halogenated Solvent Vapor 
            Cleaning Machines Using a Liquid Level Procedure

                     1. Applicability and Principle

    1.1  Applicability. This method is applicable to the determination 
of the halogenated solvent emissions from solvent vapor cleaners in the 
idling mode.
    1.2  Principle. The solvent level in the solvent cleaning machine is 
measured using inclined liquid level indicators. The change in liquid 
level corresponds directly to the amount of solvent lost from the 
solvent cleaning machine.

                              2. Apparatus

    Note: Mention of trade names or specific products does not 
constitute endorsement by the Environmental Protection Agency.


[[Page 1150]]


    2.1  Inclined Liquid Level Indicator. A schematic of the inclined 
liquid level indicators used in this method is shown in figure 307-1; 
two inclined liquid level indicators having 0.05 centimeters divisions 
or smaller shall be used. The liquid level indicators shall be made of 
glass, Teflon, or any similar material that will not react with the 
solvent being used. A 6-inch by 1-inch slope is recommended; however the 
slope may vary depending on the size and design of the solvent cleaning 
machine.

    Note: It is important that the inclined liquid level indicators be 
constructed with ease of reading in mind. The inclined liquid level 
indicators should also be mounted so that they can be raised or lowered 
if necessary to suit the solvent cleaning machine size.

[GRAPHIC] [TIFF OMITTED] TC01MY92.075

    2.2  Horizontal Indicator. Device to check the inclined liquid level 
indicators orientation relative to horizontal.
    2.3  Velocity Meter. Hotwire and vane anemometers, or other devices 
capable of measuring the flow rates ranging from 0 to 15.2 meters per 
minute across the solvent cleaning machine.

                              3. Procedure

    3.1  Connection of the Inclined Liquid Level Indicator. Connect one 
of the inclined liquid level indicators to the boiling sump drain and 
the other inclined liquid level indicator to the immersion sump drain 
using Teflon tubing and the appropriate fittings. A schematic diagram is 
shown in figure 307-2.
[GRAPHIC] [TIFF OMITTED] TC01MY92.076


    3.2  Positioning of Velocity Meter. Position the velocity meter so 
that it measures the flow rate of the air passing directly across the 
solvent cleaning machine.
    3.3  Level the Inclined Liquid Level Indicators.
    3.4  Initial Inclined Liquid Level Indicator Readings. Open the sump 
drainage valves. Allow the solvent cleaning machine to operate long 
enough for the vapor zone to form and the system to stabilize (check 
with manufacturer). Record the inclined liquid level indicators readings 
and the starting time on the data sheet. A sample data sheet is provided 
in figure 307-3.

Date____________________________________________________________________

Run_____________________________________________________________________

Solvent type____________________________________________________________

Solvent density, g/m \3\ (lb/ft \3\)____________________________________

Length of boiling sump (SB), m (ft)________________________________

Width of boiling sump (WB), m (ft)_________________________________

Length of immersion sump (SI), m (ft)______________________________

Width of immersion sump (WI), m (ft)_______________________________

Length of solvent vapor/air interface (SV), m (ft) ____________

Width of solvent vapor/air interface (WV), m (ft) ____________

[[Page 1151]]



------------------------------------------------------------------------
                                          Boiling   Immersion           
               Clock time                   sump       sump    Flow rate
                                          reading    reading    reading 
------------------------------------------------------------------------
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------

                        Figure 307-3. Data sheet.

    3.5  Final Inclined Liquid Level Indicator Readings. At the end of 
the 16-hour test run, check to make sure the inclined liquid level 
indicators are level; if not, make the necessary adjustments. Record the 
final inclined liquid level indicators readings and time.
    3.6  Determination of Solvent Vapor/Air Interface Area for Each 
Sump. Determine the area of the solvent/air interface of the individual 
sumps. Whenever possible, physically measure these dimensions, rather 
than using factory specifications. A schematic of the dimensions of a 
solvent cleaning machine is provided in figure 307-4.

[GRAPHIC] [TIFF OMITTED] TC01MY92.077

                             4. Calculations

    4.1   Nomenclature.

AB = area of boiling sump interface, m\2\ (ft\2\).
AI = area of immersion sump interface, m\2\ (ft\2\).
AV = area of solvent/air interface, m\2\ (ft\2\).
E = emission rate, kg/m\2\-hr (lb/ft\2\-hr).
K = 100,000 cm . g/m . kg for metric units.
    = 12 in./ft for English units.
LBF = final boiling sump inclined liquid level indicators reading, 
          cm (in.).
LBi = initial boiling sump inclined liquid level indicators 
          reading, cm (in.).
LIf = final immersion sump inclined liquid level indicators 
          reading, cm (in.).
LIi = initial immersion sump inclined liquid level indicators 
          reading, cm (in.).
SB = length of the boiling sump, m (ft).
SI = length of the immersion sump, m (ft).
SV = length of the solvent vapor/air interface, m (ft).
WB = width of the boiling sump, m (ft).
WI = width of the immersion sump, m (ft).
WV = width of the solvent vapor/air interface, m (ft).
     = density of solvent, g/m3 (lb/ft3).
     = test time, hr.

    4.2  Area of Sump Interfaces. Calculate the areas of the boiling and 
immersion sump interfaces as follows:

AB = SB WB    Eq. 307-1
AI = SI WI    Eq. 307-2

    4.3  Area of Solvent/Air Interface. Calculate the area of the 
solvent vapor/air interface as follows:

AV = SV WV    Eq. 307-3

    4.4  Emission Rate. Calculate the emission rate as follows:
    [GRAPHIC] [TIFF OMITTED] TR02DE94.007
    

Method 311--Analysis of Hazardous Air Pollutant Compounds in Paints and 
          Coatings by Direct Injection Into a Gas Chromatograph

                        1. Scope and Application

    1.1  Applicability. This method is applicable for determination of 
most compounds designated by the U.S. Environmental Protection Agency as 
volatile hazardous air pollutants (HAP's) (See Reference 1) that are 
contained in paints and coatings. Styrene, ethyl acrylate, and methyl 
methacrylate can be measured by ASTM D 4827-93 or ASTM D 4747-87. 
Formaldehyde can be measured by ASTM PS 9-94 or ASTM D 1979-91. Toluene 
diisocyanate can be measured in urethane prepolymers by ASTM D 3432-89. 
Method 311 applies only to those volatile HAP's which are added to the 
coating when it is manufactured, not to those which may form as the 
coating cures (reaction products or cure volatiles). A separate or 
modified test procedure must be used to measure these reaction products 
or cure volatiles in order to determine the total volatile HAP emissions 
from a coating. Cure volatiles are a significant component of the total 
HAP content of some coatings. The term ``coating'' used in this method 
shall be understood to mean paints and coatings.
    1.2  Principle. The method uses the principle of gas chromatographic 
separation and quantification using a detector that responds to 
concentration differences. Because there are many potential analytical 
systems or sets of operating conditions that may represent useable 
methods for determining the concentrations of the compounds cited in 
Section 1.1 in the applicable matrices, all

[[Page 1152]]

systems that employ this principle, but differ only in details of 
equipment and operation, may be used as alternative methods, provided 
that the prescribed quality control, calibration, and method performance 
requirements are met. Certified product data sheets (CPDS) may also 
include information relevant to the analysis of the coating sample 
including, but not limited to, separation column, oven temperature, 
carrier gas, injection port temperature, extraction solvent, and 
internal standard.

                          2. Summary of Method

    Whole coating is added to dimethylformamide and a suitable internal 
standard compound is added. An aliquot of the sample mixture is injected 
onto a chromatographic column containing a stationary phase that 
separates the analytes from each other and from other volatile compounds 
contained in the sample. The concentrations of the analytes are 
determined by comparing the detector responses for the sample to the 
responses obtained using known concentrations of the analytes.

                        3. Definitions [Reserved]

                            4. Interferences

    4.1  Coating samples of unknown composition may contain the compound 
used as the internal standard. Whether or not this is the case may be 
determined by following the procedures of Section 11 and deleting the 
addition of the internal standard specified in Section 11.5.3. If 
necessary, a different internal standard may be used.
    4.2  The GC column and operating conditions developed for one 
coating formulation may not ensure adequate resolution of target 
analytes for other coating formulations. Some formulations may contain 
nontarget analytes that coelute with target analytes. If there is any 
doubt about the identification or resolution of any gas chromatograph 
(GC) peak, it may be necessary to analyze the sample using a different 
GC column or different GC operating conditions.
    4.3  Cross-contamination may occur whenever high-level and low-level 
samples are analyzed sequentially. The order of sample analyses 
specified in Section 11.7 is designed to minimize this problem.
    4.4  Cross-contamination may also occur if the devices used to 
transfer coating during the sample preparation process or for injecting 
the sample into the GC are not adequately cleaned between uses. All such 
devices should be cleaned with acetone or other suitable solvent and 
checked for plugs or cracks before and after each use.

                                5. Safety

    5.1  Many solvents used in coatings are hazardous. Precautions 
should be taken to avoid unnecessary inhalation and skin or eye contact. 
This method may involve hazardous materials, operations, and equipment. 
This test method does not purport to address all of the safety problems 
associated with its use. It is the responsibility of the user of this 
test method to establish appropriate safety and health practices and to 
determine the applicability of regulatory limitations in regards to the 
performance of this test method.
    5.2  Dimethylformamide is harmful if inhaled or absorbed through the 
skin. The user should obtain relevant health and safety information from 
the manufacturer. Dimethylformamide should be used only with adequate 
ventilation. Avoid contact with skin, eyes, and clothing. In case of 
contact, immediately flush skin or eyes with plenty of water for at 
least 15 minutes. If eyes are affected, consult a physician. Remove and 
wash contaminated clothing before reuse.
    5.3  User's manuals for the gas chromatograph and other related 
equipment should be consulted for specific precautions to be taken 
related to their use.

                        6. Equipment and Supplies

    Note: Certified product data sheets (CPDS) may also include 
information relevant to the analysis of the coating sample including, 
but not limited to, separation column, oven temperature, carrier gas, 
injection port temperature, extraction solvent, and internal standard.

    6.1  Sample Collection.
    6.1.1  Sampling Containers. Dual-seal sampling containers, four to 
eight fluid ounce capacity, should be used to collect the samples. Glass 
sample bottles or plastic containers with volatile organic compound 
(VOC) impermeable walls must be used for corrosive substances (e.g., 
etch primers and certain coating catalysts such as methyl ethyl ketone 
(MEK) peroxide). Sample containers, caps, and inner seal liners must be 
inert to the compounds in the sample and must be selected on a case-by-
case basis.
    6.1.1.1  Other routine sampling supplies needed include waterproof 
marking pens, tubing, scrappers/spatulas, clean rags, paper towels, 
cooler/ice, long handle tongs, and mixing/stirring paddles.
    6.1.2  Personal safety equipment needed includes eye protection, 
respiratory protection, a hard hat, gloves, steel toe shoes, etc.
    6.1.3  Shipping supplies needed include shipping boxes, packing 
material, shipping labels, strapping tape, etc.
    6.1.4  Data recording forms and labels needed include coating data 
sheets and sample can labels.

    Note: The actual requirements will depend upon the conditions 
existing at the source sampled.


[[Page 1153]]


    6.2  Laboratory Equipment and Supplies.
    6.2.1  Gas Chromatograph (GC). Any instrument equipped with a flame 
ionization detector and capable of being temperature programmed may be 
used. Optionally, other types of detectors (e.g., a mass spectrometer), 
and any necessary interfaces, may be used provided that the detector 
system yields an appropriate and reproducible response to the analytes 
in the injected sample. Autosampler injection may be used, if available.
    6.2.2  Recorder. If available, an electronic data station or 
integrator may be used to record the gas chromatogram and associated 
data. If a strip chart recorder is used, it must meet the following 
criteria: A 1 to 10 millivolt (mV) linear response with a full scale 
response time of 2 seconds or less and a maximum noise level of 
0.03 percent of full scale. Other types of recorders may be 
used as appropriate to the specific detector installed provided that the 
recorder has a full scale response time of 2 seconds or less and a 
maximum noise level of 0.03 percent of full scale.
    6.2.3  Column. The column must be constructed of materials that do 
not react with components of the sample (e.g., fused silica, stainless 
steel, glass). The column should be of appropriate physical dimensions 
(e.g., length, internal diameter) and contain sufficient suitable 
stationary phase to allow separation of the analytes. DB-5, DB-Wax, and 
FFAP columns are commonly used for paint analysis; however, it is the 
responsibility of each analyst to select appropriate columns and 
stationary phases.
    6.2.4  Tube and Tube Fittings. Supplies to connect the GC and gas 
cylinders.
    6.2.5  Pressure Regulators. Devices used to regulate the pressure 
between gas cylinders and the GC.
    6.2.6  Flow Meter. A device used to determine the carrier gas flow 
rate through the GC. Either a digital flow meter or a soap film bubble 
meter may be used to measure gas flow rates.
    6.2.7  Septa. Seals on the GC injection port through which liquid or 
gas samples can be injected using a syringe.
    6.2.8  Liquid Charging Devices. Devices used to inject samples into 
the GC such as clean and graduated 1, 5, and 10 microliter (l) 
capacity syringes.
    6.2.9  Vials. Containers that can be sealed with a septum in which 
samples may be prepared or stored. The recommended size is 25 ml 
capacity. Mininert valves have been found satisfactory and are 
available from Pierce Chemical Company, Rockford, Illinois.
    6.2.10  Balance. Device used to determine the weights of standards 
and samples. An analytical balance capable of accurately weighing to 
0.0001 g is required.

                        7. Reagents and Standards

    7.1  Purity of Reagents. Reagent grade chemicals shall be used in 
all tests. Unless otherwise specified, all reagents shall conform to the 
specifications of the Committee on Analytical Reagents of the American 
Chemical Society, where such specifications are available. Other grades 
may be used provided it is first ascertained that the reagent is of 
sufficient purity to permit its use without lessening the accuracy of 
determination.
    7.2  Carrier Gas. Helium carrier gas shall have a purity of 99.995 
percent or higher. High purity nitrogen may also be used. Other carrier 
gases that are appropriate for the column system and analyte may also be 
used. Ultra-high purity grade hydrogen gas and zero-grade air shall be 
used for the flame ionization detector.
    7.3  Dimethylformamide (DMF). Solvent for all standards and samples. 
Some other suitable solvent may be used if DMF is not compatible with 
the sample or coelutes with a target analyte.

    Note: DMF may coelute with ethylbenzene or p-xylene under the 
conditions described in the note under Section 6.2.3.

    7.4  Internal Standard Materials. The internal standard material is 
used in the quantitation of the analytes for this method. It shall be 
gas chromatography spectrophotometric quality or, if this grade is not 
available, the highest quality available. Obtain the assay for the 
internal standard material and maintain at that purity during use. The 
recommended internal standard material is 1-propanol; however, selection 
of an appropriate internal standard material for the particular coating 
and GC conditions used is the responsibility of each analyst.
    7.5  Reference Standard Materials. The reference standard materials 
are the chemicals cited in Section 1.1 which are of known identity and 
purity and which are used to assist in the identification and 
quantification of the analytes of this method. They shall be the highest 
quality available. Obtain the assays for the reference standard 
materials and maintain at those purities during use.
    7.6  Stock Reference Standards. Stock reference standards are 
dilutions of the reference standard materials that may be used on a 
daily basis to prepare calibration standards, calibration check 
standards, and quality control check standards. Stock reference 
standards may be prepared from the reference standard materials or 
purchased as certified solutions.
    7.6.1  Stock reference standards should be prepared in 
dimethylformamide for each analyte expected in the coating samples to be 
analyzed. The concentrations of analytes in the stock reference 
standards are not specified but must be adequate to prepare the 
calibration standards required in the

[[Page 1154]]

method. A stock reference standard may contain more than one analyte 
provided all analytes are chemically compatible and no analytes coelute. 
The actual concentrations prepared must be known to within 0.1 percent 
(e.g., 0.1000  0.0001 g/g solution). The following procedure 
is suggested. Place about 35 ml of dimethylformamide into a tared 
ground-glass stoppered 50 ml volumetric flask. Weigh the flask to the 
nearest 0.1 mg. Add 12.5 g of the reference standard material and 
reweigh the flask. Dilute to volume with dimethylformamide and reweigh. 
Stopper the flask and mix the contents by inverting the flask several 
times. Calculate the concentration in grams per gram of solution from 
the net gain in weights, correcting for the assayed purity of the 
reference standard material.

    Note: Although a glass-stoppered volumetric flask is convenient, any 
suitable glass container may be used because stock reference standards 
are prepared by weight.

    7.6.2  Transfer the stock reference standard solution into one or 
more Teflon-sealed screw-cap bottles. Store, with minimal headspace, at 
-10 deg.C to 0 deg.C and protect from light.
    7.6.3  Prepare fresh stock reference standards every six months, or 
sooner if analysis results from daily calibration check standards 
indicate a problem. Fresh stock reference standards for very volatile 
HAP's may have to be prepared more frequently.
    7.7  Calibration Standards. Calibration standards are used to 
determine the response of the detector to known amounts of reference 
material. Calibration standards must be prepared at a minimum of three 
concentration levels from the stock reference standards (see Section 
7.6). Prepare the calibration standards in dimethylformamide (see 
Section 7.3). The lowest concentration standard should contain a 
concentration of analyte equivalent either to a concentration of no more 
than 0.01% of the analyte in a coating or to a concentration that is 
lower than the actual concentration of the analyte in the coating, 
whichever concentration is higher. The highest concentration standard 
should contain a concentration of analyte equivalent to slightly more 
than the highest concentration expected for the analyte in a coating. 
The remaining calibration standard should contain a concentration of 
analyte roughly at the midpoint of the range defined by the lowest and 
highest concentration calibration standards. The concentration range of 
the standards should thus correspond to the expected range of analyte 
concentrations in the prepared coating samples (see Section 11.5). Each 
calibration standard should contain each analyte for detection by this 
method expected in the actual coating samples (e.g., some or all of the 
compounds listed in Section 1.1 may be included). Each calibration 
standard should also contain an appropriate amount of internal standard 
material (response for the internal standard material is within 25 to 75 
percent of full scale on the attenuation setting for the particular 
reference standard concentration level). Calibration Standards should be 
stored for 1 week only in sealed vials with minimal headspace. If the 
stock reference standards were prepared as specified in Section 7.6, the 
calibration standards may be prepared by either weighing each addition 
of the stock reference standard or by adding known volumes of the stock 
reference standard and calculating the mass of the standard reference 
material added. Alternative 1 (Section 7.7.1) specifies the procedure to 
be followed when the stock reference standard is added by volume. 
Alternative 2 (Section 7.7.2) specifies the procedure to be followed 
when the stock reference standard is added by weight.

    Note: To assist with determining the appropriate amount of internal 
standard to add, as required here and in other sections of this method, 
the analyst may find it advantageous to prepare a curve showing the area 
response versus the amount of internal standard injected into the GC.

    7.7.1  Preparation Alternative 1. Determine the amount of each stock 
reference standard and dimethylformamide solvent needed to prepare 
approximately 25 ml of the specific calibration concentration level 
desired. To a tared 25 ml vial that can be sealed with a crimp-on or 
Mininert valve, add the total amount of dimethylformamide 
calculated to be needed. As quickly as practical, add the calculated 
amount of each stock reference standard using new pipets (or pipet tips) 
for each stock reference standard. Reweigh the vial and seal it. Using 
the known weights of the standard reference materials per ml in the 
stock reference standards, the volumes added, and the total weight of 
all reagents added to the vial, calculate the weight percent of each 
standard reference material in the calibration standard prepared. Repeat 
this process for each calibration standard to be prepared.
    7.7.2  Preparation Alternative 2. Determine the amount of each stock 
reference standard and dimethylformamide solvent needed to prepare 
approximately 25 ml of the specific calibration concentration level 
desired. To a tared 25 ml vial that can be sealed with a crimp-on or 
Mininert valve, add the total amount of dimethylformamide 
calculated to be needed. As quickly as practical, add the calculated 
amount of a stock reference standard using a new pipet (or pipet tip) 
and reweigh the vial. Repeat this process for each stock reference 
standard to be added. Seal the vial after obtaining the final weight. 
Using the known weight percents of the standard reference materials in 
the stock reference standards, the weights of the stock

[[Page 1155]]

reference standards added, and the total weight of all reagents added to 
the vial, calculate the weight percent of each standard reference 
material in the calibration standard prepared. Repeat this process for 
each calibration standard to be prepared.

       8. Sample Collection, Preservation, Transport, and Storage

    8.1  Copies of material safety data sheets (MSDS's) for each sample 
should be obtained prior to sampling. The MSDS's contain information on 
the ingredients, and physical and chemical properties data. The MSDS's 
also contain recommendations for proper handling or required safety 
precautions. Certified product data sheets (CPDS) may also include 
information relevant to the analysis of the coating sample including, 
but not limited to, separation column, oven temperature, carrier gas, 
injection port temperature, extraction solvent, and internal standard.
    8.2  A copy of the blender's worksheet can be requested to obtain 
data on the exact coating being sampled. A blank coating data sheet form 
(see Section 18) may also be used. The manufacturer's formulation 
information from the product data sheet should also be obtained.
    8.3  Prior to sample collection, thoroughly mix the coating to 
ensure that a representative, homogeneous sample is obtained. It is 
preferred that this be accomplished using a coating can shaker or 
similar device; however, when necessary, this may be accomplished using 
mechanical agitation or circulation systems.
    8.3.1  Water-thinned coatings tend to incorporate or entrain air 
bubbles if stirred too vigorously; mix these types of coatings slowly 
and only as long as necessary to homogenize.
    8.3.2  Each component of multicomponent coatings that harden when 
mixed must be sampled separately. The component mix ratios must be 
obtained at the facility at the time of sampling and submitted to the 
analytical laboratory.
    8.4  Sample Collection. Samples must be collected in a manner that 
prevents or minimizes loss of volatile components and that does not 
contaminate the coating reservoir. A suggested procedure is as follows. 
Select a sample collection container which has a capacity at least 25 
percent greater than the container in which the sample is to be 
transported. Make sure both sample containers are clean and dry. Using 
clean, long-handled tongs, turn the sample collection container upside 
down and lower it into the coating reservoir. The mouth of the sample 
collection container should be at approximately the midpoint of the 
reservoir (do not take the sample from the top surface). Turn the sample 
collection container over and slowly bring it to the top of the coating 
reservoir. Rapidly pour the collected coating into the sample container, 
filling it completely. It is important to fill the sample container 
completely to avoid any loss of volatiles due to volatilization into the 
headspace. Return any unused coating to the reservoir or dispose as 
appropriate.

    Note: If a company requests a set of samples for its own analysis, a 
separate set of samples, using new sample containers, should be taken at 
the same time.

    8.5  Once the sample is collected, place the sample container on a 
firm surface and insert the inner seal in the container by placing the 
seal inside the rim of the container, inverting a screw cap, and 
pressing down on the screw cap which will evenly force the inner seal 
into the container for a tight fit. Using clean towels or rags, remove 
all residual coating material from the outside of the sample container 
after inserting the inner seal. Screw the cap onto the container.
    8.5.1  Affix a sample label (see Section 18) clearly identifying the 
sample, date collected, and person collecting the sample.
    8.5.2  Prepare the sample for transportation to the laboratory. The 
sample should be maintained at the coating's recommended storage 
temperature specified on the Material Safety Data Sheet, or, if no 
temperature is specified, the sample should be maintained within the 
range of 5 deg.C to 38 deg.C.
    8.9  The shipping container should adhere to U.S. Department of 
Transportation specification DOT 12-B. Coating samples are considered 
hazardous materials; appropriate shipping procedures should be followed.

                           9. Quality Control

    9.1  Laboratories using this method should operate a formal quality 
control program. The minimum requirements of the program should consist 
of an initial demonstration of laboratory capability and an ongoing 
analysis of blanks and quality control samples to evaluate and document 
quality data. The laboratory must maintain records to document the 
quality of the data generated. When results indicate atypical method 
performance, a quality control check standard (see Section 9.4) must be 
analyzed to confirm that the measurements were performed in an in-
control mode of operation.
    9.2  Before processing any samples, the analyst must demonstrate, 
through analysis of a reagent blank, that there are no interferences 
from the analytical system, glassware, and reagents that would bias the 
sample analysis results. Each time a set of analytical samples is 
processed or there is a change in reagents, a reagent blank should be 
processed as a safeguard against chronic laboratory contamination. The 
blank samples should be carried through all stages of the sample 
preparation and measurement steps.

[[Page 1156]]

    9.3  Required instrument quality control parameters are found in the 
following sections:
    9.3.1  Baseline stability must be demonstrated to be 5 
percent of full scale using the procedures given in Section 10.1.
    9.3.2  The GC calibration is not valid unless the retention time 
(RT) for each analyte at each concentration is within 0.05 
min of the retention time measured for that analyte in the stock 
standard.
    9.3.3  The retention time (RT) of any sample analyte must be within 
0.05 min of the average RT of the analyte in the calibration 
standards for the analyte to be considered tentatively identified.
    9.3.4  The GC system must be calibrated as specified in Section 
10.2.
    9.3.5  A one-point daily calibration check must be performed as 
specified in Section 10.3.
    9.4  To establish the ability to generate results having acceptable 
accuracy and precision, the analyst must perform the following 
operations.
    9.4.1  Prepare a quality control check standard (QCCS) containing 
each analyte expected in the coating samples at a concentration expected 
to result in a response between 25 percent and 75 percent of the limits 
of the calibration curve when the sample is prepared as described in 
Section 11.5. The QCCS may be prepared from reference standard materials 
or purchased as certified solutions. If prepared in the laboratory, the 
QCCS must be prepared independently from the calibration standards.
    9.4.2  Analyze three aliquots of the QCCS according to the method 
beginning in Section 11.5.3 and calculate the weight percent of each 
analyte using Equation 1, Section 12.
    9.4.3  Calculate the mean weight percent (X) for each analyte from 
the three results obtained in Section 9.4.2.
    9.4.4  Calculate the percent accuracy for each analyte using the 
known concentrations (Ti) in the QCCS using Equation 3, Section 12.
    9.4.5  Calculate the percent relative standard deviation (percent 
RSD) for each analyte using Equation 7, Section 12, substituting the 
appropriate values for the relative response factors (RRF's) in said 
equation.
    9.4.6  If the percent accuracy (Section 9.4.4) for all analytes is 
within the range 90 percent to 110 percent and the percent RSD (Section 
9.4.5) for all analytes is 20 percent, system performance is 
acceptable and sample analysis may begin. If these criteria are not met 
for any analyte, then system performance is not acceptable for that 
analyte and the test must be repeated for those analytes only. Repeated 
failures indicate a general problem with the measurement system that 
must be located and corrected. In this case, the entire test, beginning 
at Section 9.4.1, must be repeated after the problem is corrected.
    9.5  Great care must be exercised to maintain the integrity of all 
standards. It is recommended that all standards be stored at -10  deg.C 
to 0  deg.C in screw-cap amber glass bottles with Teflon liners.
    9.6  Unless otherwise specified, all weights are to be recorded 
within 0.1 mg.

                  10. Calibration and Standardization.

    10.1  Column Baseline Drift. Before each calibration and series of 
determinations and before the daily calibration check, condition the 
column using procedures developed by the laboratory or as specified by 
the column supplier. Operate the GC at initial (i.e., before sample 
injection) conditions on the lowest attenuation to be used during sample 
analysis. Adjust the recorder pen to zero on the chart and obtain a 
baseline for at least one minute. Initiate the GC operating cycle that 
would be used for sample analysis. On the recorder chart, mark the pen 
position at the end of the simulated sample analysis cycle. Baseline 
drift is defined as the absolute difference in the pen positions at the 
beginning and end of the cycle in the direction perpendicular to the 
chart movement. Calculate the percent baseline drift by dividing the 
baseline drift by the chart width representing full-scale deflection and 
multiply the result by 100.
    10.2  Calibration of GC. Bring all stock standards and calibration 
standards to room temperature while establishing the GC at the 
determined operating conditions.
    10.2.1  Retention Times (RT's) for Individual Compounds.

    Note: The procedures of this subsection are required only for the 
initial calibration. However, it is good laboratory practice to follow 
these procedures for some or all analytes before each calibration. The 
procedures were written for chromatograms output to a strip chart 
recorder. More modern instruments (e.g., integrators and electronic data 
stations) determine and print out or display retention times 
automatically.

    The RT for each analyte should be determined before calibration. 
This provides a positive identification for each peak observed from the 
calibration standards. Inject an appropriate volume (see Note in Section 
11.5.2) of one of the stock reference standards into the gas 
chromatograph and record on the chart the pen position at the time of 
the injection (see Section 7.6.1). Dilute an aliquot of the stock 
reference standard as required in dimethylformamide to achieve a 
concentration that will result in an on-scale response. Operate the gas 
chromatograph according to the determined procedures. Select the peak(s) 
that correspond to the analyte(s) [and internal standard, if used] and 
measure the retention time(s). If a chart recorder is

[[Page 1157]]

used, measure the distance(s) on the chart from the injection point to 
the peak maxima. These distances, divided by the chart speed, are 
defined as the RT's of the analytes in question. Repeat this process for 
each of the stock reference standard solutions.

    Note: If gas chromatography with mass spectrometer detection (GC-MS) 
is used, a stock reference standard may contain a group of analytes, 
provided all analytes are adequately separated during the analysis. Mass 
spectral library matching can be used to identify the analyte associated 
with each peak in the gas chromatogram. The retention time for the 
analyte then becomes the retention time of its peak in the chromatogram.

    10.2.2  Calibration. The GC must be calibrated using a minimum of 
three concentration levels of each potential analyte. (See Section 7.7 
for instructions on preparation of the calibration standards.) Beginning 
with the lowest concentration level calibration standard, carry out the 
analysis procedure as described beginning in Section 11.7. Repeat the 
procedure for each progressively higher concentration level until all 
calibration standards have been analyzed.
    10.2.2.1  Calculate the RT's for the internal standard and for each 
analyte in the calibration standards at each concentration level as 
described in Section 10.2.1. The RT's for the internal standard must not 
vary by more than 0.10 minutes. Identify each analyte by comparison of 
the RT's for peak maxima to the RT's determined in Section 10.2.1.
    10.2.2.2  Compare the retention times (RT's) for each potential 
analyte in the calibration standards for each concentration level to the 
retention times determined in Section 10.2.1. The calibration is not 
valid unless all RT's for all analytes meet the criteria given in 
Section 9.3.2.
    10.2.2.3  Tabulate the area responses and the concentrations for the 
internal standard and each analyte in the calibration standards. 
Calculate the response factor for the internal standard (RFis) and 
the response factor for each compound relative to the internal standard 
(RRF) for each concentration level using Equations 5 and 6, Section 12.
    10.2.2.4  Using the RRF's from the calibration, calculate the 
percent relative standard deviation (percent RSD) for each analyte in 
the calibration standard using Equation 7, Section 12. The percent RSD 
for each individual calibration analyte must be less than 15 percent. 
This criterion must be met in order for the calibration to be valid. If 
the criterion is met, the mean RRF's determined above are to be used 
until the next calibration.
    10.3  Daily Calibration Checks. The calibration curve (Section 
10.2.2) must be checked and verified at least once each day that samples 
are analyzed. This is accomplished by analyzing a calibration standard 
that is at a concentration near the midpoint of the working range and 
performing the checks in Sections 10.3.1, 10.3.2, and 10.3.3.
    10.3.1  For each analyte in the calibration standard, calculate the 
percent difference in the RRF from the last calibration using Equation 
8, Section 12. If the percent difference for each calibration analyte is 
less than 10 percent, the last calibration curve is assumed to be valid. 
If the percent difference for any analyte is greater than 5 percent, the 
analyst should consider this a warning limit. If the percent difference 
for any one calibration analyte exceeds 10 percent, corrective action 
must be taken. If no source of the problem can be determined after 
corrective action has been taken, a new three-point (minimum) 
calibration must be generated. This criterion must be met before 
quantitative analysis begins.
    10.3.2  If the RFis for the internal standard changes by more 
than 20 percent from the last daily calibration check, the 
system must be inspected for malfunctions and corrections made as 
appropriate.
    10.3.3  The retention times for the internal standard and all 
calibration check analytes must be evaluated. If the retention time for 
the internal standard or for any calibration check analyte changes by 
more than 0.10 min from the last calibration, the system must be 
inspected for malfunctions and corrections made as required.

                              11. Procedure

    11.1  All samples and standards must be allowed to warm to room 
temperature before analysis. Observe the given order of ingredient 
addition to minimize loss of volatiles.
    11.2  Bring the GC system to the determined operating conditions and 
condition the column as described in Section 10.1.

    Note: The temperature of the injection port may be an especially 
critical parameter. Information about the proper temperature may be 
found on the CPDS.

    11.3  Perform the daily calibration checks as described in Section 
10.3. Samples are not to be analyzed until the criteria in Section 10.3 
are met.
    11.4  Place the as-received coating sample on a paint shaker, or 
similar device, and shake the sample for a minimum of 5 minutes to 
achieve homogenization.
    11.5  Note: The steps in this section must be performed rapidly and 
without interruption to avoid loss of volatile organics. These steps 
must be performed in a laboratory hood free from solvent vapors. All 
weights must be recorded to the nearest 0.1 mg.
    11.5.1  Add 16 g of dimethylformamide to each of two tared vials (A 
and B) capable of being septum sealed.
    11.5.2  To each vial add a weight of coating that will result in the 
response for the major

[[Page 1158]]

constituent being in the upper half of the linear range of the 
calibration curve.

    Note: The magnitude of the response obviously depends on the amount 
of sample injected into the GC as specified in Section 11.8. This volume 
must be the same as used for preparation of the calibration curve, 
otherwise shifts in compound retention times may occur. If a sample is 
prepared that results in a response outside the limits of the 
calibration curve, new samples must be prepared; changing the volume 
injected to bring the response within the calibration curve limits is 
not permitted.

    11.5.3  Add a weight of internal standard to each vial (A and B) 
that will result in the response for the internal standard being between 
25 percent and 75 percent of the linear range of the calibration curve.
    11.5.4  Seal the vials with crimp-on or Mininert septum 
seals.
    11.6  Shake the vials containing the prepared coating samples for 60 
seconds. Allow the vials to stand undisturbed for ten minutes. If solids 
have not settled out on the bottom after 10 minutes, then centrifuge at 
1,000 rpm for 5 minutes. The analyst also has the option of injecting 
the sample without allowing the solids to settle.
    11.7  Analyses should be conducted in the following order: daily 
calibration check sample, method blank, up to 10 injections from sample 
vials (i.e., one injection each from up to five pairs of vials, which 
corresponds to analysis of 5 coating samples).
    11.8  Inject the prescribed volume of supernatant from the 
calibration check sample, the method blank, and the sample vials onto 
the chromatographic column and record the chromatograms while operating 
the system under the specified operating conditions.

    Note: The analyst has the option of injecting the unseparated 
sample.

                   12. Data Analysis and Calculations

    12.1 Qualitative Analysis. An analyte (e.g., those cited in Section 
1.1) is considered tentatively identified if two criteria are satisfied: 
(1) elution of the sample analyte within 0.05 min of the 
average GC retention time of the same analyte in the calibration 
standard; and (2) either (a) confirmation of the identity of the 
compound by spectral matching on a gas chromatograph equipped with a 
mass selective detector or (b) elution of the sample analyte within 
0.05 min of the average GC retention time of the same 
analyte in the calibration standard analyzed on a dissimilar GC column.
    12.1.1 The RT of the sample analyte must meet the criteria specified 
in Section 9.3.3.
    12.1.2 When doubt exists as to the identification of a peak or the 
resolution of two or more components possibly comprising one peak, 
additional confirmatory techniques (listed in Section 12.1) must be 
used.
    12.2 Quantitative Analysis. When an analyte has been identified, the 
quantification of that compound will be based on the internal standard 
technique.
    12.2.1 A single analysis consists of one injection from each of two 
sample vials (A and B) prepared using the same coating. Calculate the 
concentration of each identified analyte in the sample as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE95.003

    12.2.2 Report results for duplicate analysis (sample vials A and B) 
without correction.
    12.3 Precision Data. Calculate the percent difference between the 
measured concentrations of each analyte in vials A and B as follows.
    12.3.1 Calculate the weight percent of the analyte in each of the 
two sample vials as described in Section 12.2.1.
    12.3.2 Calculate the percent difference for each analyte as:

[[Page 1159]]

[GRAPHIC] [TIFF OMITTED] TR07DE95.004

where Ai and Bi are the measured concentrations of the analyte 
in vials A and B.
    12.4 Calculate the percent accuracy for analytes in the QCCS (See 
Section 9.4) as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE95.005

where Xx is the mean measured value and Tx is the known true 
value of the analyte in the QCCS.
    12.5 Obtain retention times (RT's) from data station or integrator 
or, for chromatograms from a chart recorder, calculate the RT's for 
analytes in the calibration standards (See Section 10.2.2.2) as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE95.006

    12.6 Calculate the response factor for the internal standard (See 
Section 10.2.2.3) as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE95.007

where:
    Ais = Area response of the internal standard.
    Cis = Weight percent of the internal standard.
    12.7 Calculate the relative response factors for analytes in the 
calibration standards (See Section 10.2.2.3) as follows:
where:
[GRAPHIC] [TIFF OMITTED] TR07DE95.008

    RRFx = Relative response factor for an individual analyte.
    Ax = Area response of the analyte being measured.
    Cx = Weight percent of the analyte being measured.
    12.8 Calculate the percent relative standard deviation of the 
relative response factors for analytes in the calibration standards (See 
Section 10.2.2.4) as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE95.009

    12.9 Calculate the percent difference in the relative response 
factors between the calibration curve and the daily calibration checks 
(See Section 10.3) as follows:

[[Page 1160]]

[GRAPHIC] [TIFF OMITTED] TR07DE95.010

    13. Measurement of Reaction Byproducts That are HAP. [Reserved]
    14. Method Performance. [Reserved]
    15. Pollution Prevention. [Reserved]
    16. Waste Management
    16.1 The coating samples and laboratory standards and reagents may 
contain compounds which require management as hazardous waste. It is the 
laboratory's responsibility to ensure all wastes are managed in 
accordance with all applicable laws and regulations.
    16.2 To avoid excessive laboratory waste, obtain only enough sample 
for laboratory analysis.
    16.3 It is recommended that discarded waste coating solids, used 
rags, used paper towels, and other nonglass or nonsharp waste materials 
be placed in a plastic bag before disposal. A separate container, 
designated ``For Sharp Objects Only,'' is recommended for collection of 
discarded glassware and other sharp-edge items used in the laboratory. 
It is recommended that unused or excess samples and reagents be placed 
in a solvent-resistant plastic or metal container with a lid or cover 
designed for flammable liquids. This container should not be stored in 
the area where analytical work is performed. It is recommended that a 
record be kept of all compounds placed in the container for 
identification of the contents upon disposal.

                             17. References

    1. Clean Air Act Amendments, Public Law 101-549, Titles I-XI, 
November, 1990.
    2. Standard Test Method for Water Content of Water-Reducible Paints 
by Direct Injection into a Gas Chromatograph. ASTM Designation D3792-79.
    3. Standard Practice for Sampling Liquid Paints and Related Pigment 
Coatings. ASTM Designation D3925-81.
    4. Standard Test Method for Determination of Dichloromethane and 
1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a 
Gas Chromatograph. ASTM Designation D4457-85.
    5. Standard Test Method for Determining the Unreacted Monomer 
Content of Latexes Using Capillary Column Gas Chromatography. ASTM 
Designation D4827-93.
    6. Standard Test Method for Determining Unreacted Monomer Content of 
Latexes Using Gas-Liquid Chromatography. ASTM Designation D 4747-87.
    7. Method 301--``Field Validation of Pollutant Measurement Methods 
from Various Waste Media,'' 40 CFR 63, Appendix A.
    8. ``Reagent Chemicals, American Chemical Society Specifications,'' 
American Chemical Society, Washington, DC. For suggestions on the 
testing of reagents not listed by the American Chemical Society, see 
``Reagent Chemicals and Standards'' by Joseph Rosin, D. Van Nostrand 
Co., Inc., New York, NY and the ``United States Pharmacopeia.''

          18. Tables, Diagrams, Flowcharts, and Validation Data

Agency:_________________________________________________________________
Inspector:______________________________________________________________
Date/Time:______________________________________________________________
Sample ID#:_____________________________________________________________
Source ID:______________________________________________________________
Coating Name/Type:______________________________________________________
Plant Witness:__________________________________________________________
Type Analysis Required:_________________________________________________
Special Handling:_______________________________________________________

                         Sample Container Label

                              Coating Data

Date:___________________________________________________________________

Source:_________________________________________________________________

------------------------------------------------------------------------
                  Data                     Sample ID No.   Sample ID No.
------------------------------------------------------------------------
Coating:                                                                
    Supplier Name.......................  ..............  ..............
    Name and Color of Coating...........  ..............  ..............
    Type of Coating (primer, clearcoat,                                 
     etc.)..............................  ..............  ..............
    Identification Number for Coating...  ..............  ..............
    Coating Density (lbs/gal)...........  ..............  ..............

[[Page 1161]]

                                                                        
    Total Volatiles Content (wt percent)  ..............  ..............
    Water Content (wt percent)..........  ..............  ..............
    Exempt Solvents Content (wt percent)  ..............  ..............
    VOC Content (wt percent)............  ..............  ..............
    Solids Content (vol percent)........  ..............  ..............
Diluent Properties:                                                     
    Name................................                                
    Identification Number...............  ..............  ..............
    Diluent Solvent Density (lbs/gal)...  ..............  ..............
    VOC Content (wt percent)............  ..............  ..............
    Water Content (wt percent)..........  ..............  ..............
    Exempt Solvent Content (wt percent).  ..............  ..............
    Diluent/Solvent Ratio (gal diluent                                  
     solvent/gal coating)...............  ..............  ..............
------------------------------------------------------------------------

                        Stock Reference Standard

Name of Reference Material:_____________________________________________

Supplier Name:__________________________________________________________

Lot Number:_____________________________________________________________

Purity:_________________________________________________________________

Name of Solvent Material: Dimethylformamide_____________________________

Supplier Name:__________________________________________________________

Lot Number:_____________________________________________________________

Purity:_________________________________________________________________

Date Prepared:__________________________________________________________

Prepared By:____________________________________________________________

Notebook/page no.:______________________________________________________

                         Preparation Information                        
1. Weight Empty Flask..................  ________,g                     
2. Weight Plus DMF.....................  ________,g                     
3. Weight Plus Reference Material......  ________,g                     
4. Weight After Made to Volume.........  ________,g                     
5. Weight DMF (lines 2-1+3-4)..........  ________,g                     
6. Weight Ref. Material (lines 3-2)....  ________,g                     
7. Corrected Weight of Reference         ________,g                     
 Material (line 6 times purity).                                        
8. Fraction Reference Material in        ________,g/g                   
 Standard (Line 7  Line 5) soln.                                
9. Total Volume of Standard Solution...  ________, ml                   
10. Weight Reference Material per ml of  ________,g/ml                  
 Solution (Line 7  Line 9).                                     
Laboratory ID No. for this Standard....  ________                       
Expiration Date for this Standard......  ________                       
                                                                        

                          CALIBRATION STANDARD

Date Prepared:__________________________________________________________

Date Expires:___________________________________________________________

Prepared By:____________________________________________________________

Notebook/page:__________________________________________________________
Calibration Standard Identification No.:
_______________________________________________________________________

Final Weight Flask Plus Reagents.......  ________, g                    
Weight Empty Flask.....................  ________, g                    
Total Weight Of Reagents...............  ________, g                    
                                                                        


[[Page 1162]]


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Amount of stock reference standard added (by volume or by                                  
                                               Stock                                  weight)                                             Weight percent
                                             reference   ----------------------------------------------------------------   Calculated      analyte in  
             Analyte name a                 standard ID                                                      Amount in    weight analyte    calibration 
                                                No.        Volume added,     Amount in     Weight added,   standard, g/g     added, g       standard b  
                                                                ml        standard, g/ml         g             soln                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Include internal standard(s).                                                                                                                         
b Weight percent = weight analyte added  total weight of reagents.                                                                              


[[Page 1163]]

                     Quality Control Check Standard

Date Prepared:__________________________________________________________

Date Expires:___________________________________________________________

Prepared By:____________________________________________________________

Notebook/page:__________________________________________________________

Quality Control Check Standard Identification No.:
_______________________________________________________________________

                         Preparation Information                        
Final Weight Flask Plus Reagents.......  ________,g                     
Weight Empty Flask.....................  ________,g                     
Total Weight Of Reagents...............  ________,g                     
                                                                        


[[Page 1163]]


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Amount of stock reference standard added (by volume or by                                  
                                               Stock                                  weight)                                                           
                                             reference   ----------------------------------------------------------------   Calculated    Weight percent
             Analyte name a                 standard ID                                                      Amount in    weight analyte  analyte in QCC
                                                No.        Volume added,     Amount in     Weight added,   standard, g/g     added, g       standard b  
                                                                ml        standard, g/ml         g             soln                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                          ..............  ..............  ..............  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Include internal Standard(s).                                                                                                                         
b Weight percent=weight analyte added  total weight of reagents.                                                                                


[[Page 1164]]

                 Quality Control Check Standard Analysis

Date OCCS Analyzed:_____________________________________________________

OCCS Identification No._________________________________________________

Analyst:________________________________________________________________

QCC Expiration Date:

[[Page 1166]]

________________________________________________________________________

                                                                    Analysis Results                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Weight percent determined                                                   Meets criteria in   
                                                 ---------------------------------------                                              Section 9.4.6     
                     Analyte                                                               Mean Wt      Percent    Percent RSD -------------------------
                                                     Run 1        Run 2        Run 3       percent      accuracx                  Percent               
                                                                                                                                  accuracy   Percent RSD
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                                  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1167]]

                    Calibration of Gas Chromatograph

Calibration Date:_______________________________________________________

Calibrated By:__________________________________________________________

                                                    Part 1.--Retention Times for Individual Analytes                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Recorder chart speed        Distance from injection point                
                                                               Stock     --------------------------------         to peak maximum            Retention  
                         Analyte                           standard. ID                                  --------------------------------  time, minutes
                                                                No.         Inches/min.       cm/min.         Inches        Centimeters          a      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Retention time=distance to peak maximachart speed.                                                                                            

                    CALIBRATION OF GAS CHROMATOGRAPH

Calibration Date:_______________________________________________________

Calibrated By:__________________________________________________________

                                   Part 2.--Analysis of Calibration Standards                                   
----------------------------------------------------------------------------------------------------------------
                                                                   Calib. STD ID   Calib. STD ID   Calib. STD ID
                             Analyte                                    No.             No.             No.     
----------------------------------------------------------------------------------------------------------------
Name:                                                                                                           
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
Name:                                                                                                           
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
Name:                                                                                                           
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
Name:                                                                                                           
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
Name:                                                                                                           
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
Name:                                                                                                           
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
Name:                                                                                                           
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
Name:                                                                                                           
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
Internal Standard Name:                                                                                         
    Conc. in STD................................................  ..............  ..............  ..............
    Area Response...............................................  ..............  ..............  ..............
    RT..........................................................  ..............  ..............  ..............
----------------------------------------------------------------------------------------------------------------

                    Calibration of Gas Chromatograph

Calibration Date:_______________________________________________________

Calibrated By:

[[Page 1168]]

________________________________________________________________________

                                                    Part 3.--Data Analysis for Calibration Standards                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Is RT within                  
                                                                                                        percent RSD of  0.05  Is percent RSD
                Analyte                  Calib. STD ID   Calib. STD ID   Calib. STD ID       Mean             RF          min of RT for     <30% (Y/N)  
                                                                                                                          stock? (Y/N)                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name:                                                                                                                                                   
    RT................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
    RF................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
Name:                                                                                                                                                   
    RT................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
    RF................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
Name:                                                                                                                                                   
    RT................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
    RF................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
Name:                                                                                                                                                   
    RT................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
    RF................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
Name:                                                                                                                                                   
    RT................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
    RF................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
Name:                                                                                                                                                   
    RT................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
    RF................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
Name:                                                                                                                                                   
    RT................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
    RF................................  ..............  ..............  ..............  ..............  ..............  ................  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1169]]

                         Daily Calibration Check

Date:___________________________________________________________________

Analyst:________________________________________________________________
Calibration Check Standard ID No.:
_______________________________________________________________________

Expiration Date:________________________________________________________

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Retention Time (RT)                            Response Factor (RF)             
                         Analyte                         -----------------------------------------------------------------------------------------------
                                                               Last            This        Difference a        Last            This        Difference b 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
                                                          ..............  ..............  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Retention time (RT) change (difference) must be less than 0.10 minutes.                                                                   
b Response factor (RF) change (difference) must be less than 20 percent for each analyte and for the internal standard.                                 

                             Sample Analysis

Vial A ID No.:__________________________________________________________

Vial B ID No.:__________________________________________________________

Analyzed By:____________________________________________________________

Date:___________________________________________________________________


----------------------------------------------------------------------------------------------------------------
                      Sample preparation information                            Vial A (g)         Vial B (g)   
----------------------------------------------------------------------------------------------------------------
Measured:                                                                                                       
    wt empty vial.........................................................                                      
    wt plus DMF...........................................................                                      
    wt plus sample........................................................                                      
    wt plus internal......................................................                                      
    standard..............................................................                                      
Calculated:                                                                                                     
    wt DMF................................................................                                      
    wt sample.............................................................                                      
    wt internal standard..................................................                                      
----------------------------------------------------------------------------------------------------------------


                                                           Analysis Results: Duplicate Samples                                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Area response                                       Wt percent in sample             
                         Analyte                         --------------------------------       RF       -----------------------------------------------
                                                              Vial A          Vial B                          Vial A          Vial B          Average   
--------------------------------------------------------------------------------------------------------------------------------------------------------
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
  ......................................................                                                                                                
Internal Standard.......................................                                                                                                
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1170]]

      

[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 57924, Oct. 27, 1993; 
59 FR 1992, Jan. 13, 1994; 59 FR 19590, Apr. 22, 1994; 59 FR 61816, Dec. 
2, 1994; 60 FR 4979, Jan. 25, 1995; 60 FR 33122, 33123, June 27, 1995; 
60 FR 62952, Dec. 7, 1995]

  Appendix B to Part 63--Sources Defined for Early Reduction Provisions

------------------------------------------------------------------------
                  Source                       Location of definition   
------------------------------------------------------------------------
1. Organic Process Equipment in Volatile    56 FR 9315, March 6, 1991,  
 Hazardous Air Pollutant Service at          Announcement of Negotiated 
 Chemical Plants and Other Designated        Rulemaking                 
 Facilities.                                                            
                                                                        
    a. All valves in gas or light liquid                                
     service within a process unit                                      
    b. All pumps in light liquid service                                
     within a process unit                                              
    c. All connectors in gas or light                                   
     liquid service within a process unit                               
    d. Each compressor                                                  
    e. Each product accumulator vessel                                  
    f. Each agitator                                                    
    g. Each pressure relief device                                      
    h. Each open-ended valve or line                                    
    i. Each sampling connection system                                  
    j. Each instrumentation system                                      
    k. Each pump, valve, or connector in                                
     heavy liquid service                                               
    l. Each closed vent system and control                              
     device                                                             
------------------------------------------------------------------------

    Appendix C to Part 63--Determination of the Fraction Biodegraded 
               (Fbio) in a Biological Treatment Unit

                               I. Purpose

    The purpose of this appendix is to define the procedures for an 
owner or operator to use to calculate the site specific fraction of 
organic compounds biodegraded (Fbio) in a biological treatment 
unit. If an acceptable level of organic compounds is destroyed rather 
than emitted to the air or remaining in the effluent, the biological 
treatment unit may be used to comply with the applicable treatment 
requirements without the unit being covered and vented through a closed 
vent system to an air pollution control device.
    The determination of Fbio shall be made on a system as it would 
exist under the rule. The owner or operator should anticipate changes 
that would occur to the wastewater flow and concentration of organics, 
to be treated by the biological treatment unit, as a result of enclosing 
the collection and treatment system as required by the rule.

                             II. Definitions

    Biological treatment unit = wastewater treatment unit designed and 
operated to promote the growth of bacteria and other factors to destroy 
organic materials in wastewater.
    fbio = The fraction of individual applicable organic compounds 
in the wastewater biodegraded in a biological treatment unit.
    Fbio = The fraction of total applicable organic compounds in 
the wastewater biodegraded in a biological treatment unit.
    Fe = The fraction of applicable organic compounds emitted from the 
wastewater to the atmosphere.
    Kl = First order biodegradation rate constant, L/g bio-hr.
    KL = liquid-phase mass transfer coefficient, m/s.
    M = compound specific mass flow weighted average of organic 
compounds in the wastewater, Mg/Yr.

             III. Procedures for Determination of fbio

    The first step in the analysis to determine if a biological 
treatment unit may be used without being covered and vented through a 
closed vent system to an air pollution control device, is to determine 
the compound specific fbio. The following 3 procedures may be used 
to determine fbio:
    (1) EPA Test Method 304A or 304B (Appendix C, Part 63)--Method for 
the Determination of Biodegradation Rates of Organic Compounds,
    (2) Performance data with and without biodegradation,
    (3) Inlet and outlet concentration measurements. All procedures must 
be executed so that the resulting Fbio based on the collection 
system and waste management units being in compliance with the 
regulation. If the collection system and waste management units meet the 
suppression requirements at the time of the performance test, any of the 
three procedures may be chosen. If the collection system and waste 
management units are not in compliance at the time of the performance 
test, then only Method 304A or 304B shall be chosen.
    Select the appropriate procedure from the three listed above based 
on the availability of site specific data. If the facility does not have 
site specific data on the removal efficiency of their biological 
treatment unit, then Procedure 1 may be used. Procedure 1 allows the use 
of a bench scale reactor to determine the first order biodegradation 
rate constant. Procedure 3 would be used if the facility has, or 
measures to determine, data on the inlet and outlet individual organic 
compound concentration for the biological

[[Page 1171]]

treatment unit. Procedure 2 is used if a facility has performance data 
on a biotreatment unit prior to and after addition of the microbial 
mass. An example where Procedure 2 could be used is, an activated sludge 
unit where measurements have been taken on inlet and exit concentration 
of organic compounds in the wastewater prior to seeding with the 
microbial mass and start up of the unit. The flow chart listed in Figure 
1 outlines the steps to use for each of the procedures.

                  A. Method 304A or 304B (Procedure 1)

    If the first procedure is selected, follow the instructions in 
Appendix C of part 63 Method 304A ``Method for the Determination of 
Biodegradation Rates of Organic Compounds (Vented Option)'' or Method 
304B ``Method for the Determination of Biodegradation Rates of Organic 
Compounds (Scrubber Option)''. Method 304A or 304B provides instruction 
on setting up and operating a self-contained benchtop bioreactor system 
which is operated under conditions representative of the target full-
scale system. Method 304A uses a benchtop bioreactor system with a vent, 
and uses modeling to estimate any air emissions. Method 304B uses a 
benchtop bioreactor system which is equipped with a scrubber and is not 
vented.
    There are some restrictions on which method a source may use. If the 
facility is measuring the rate of biodegradation of compounds that may 
tend to react or hydrolyze in the scrubber of Method 304B, this method 
shall not be used and Method 304A is the required method. If a Henry's 
law value is not available to use with Form V, then Method 304A shall 
not be used and Method 304B is the required method. When using either 
method, the feed flow to the benchtop bioreactor shall be representative 
of the flow and concentration of the wastewater that will be treated by 
the full scale biological treatment unit after the collection and 
treatment system has been enclosed as required under the applicable 
subpart.
    The conditions under which Method 304A or 304B is run establishes 
the operating parameters of the full scale biological treatment unit. If 
the biological treatment unit is operated at a non-steady state for 
example, varying dissolved oxygen, mixed liquor suspended solids, 
temperature, or other critical parameters, the Agency believes this will 
adversely affect the biodegradation rate and is an unacceptable 
treatment option. If the variation in operating parameters is due to 
seasonal changes or process changes, the facility shall conduct the test 
method at these different parameters and show the system is achieving 
the acceptable level of control as required by the regulation. The 
facility would be making multiple runs of the test method to establish 
an acceptable operating range for its biological treatment unit. For 
wide ranges of variation in operating parameters, the facility shall 
demonstrate the biological treatment unit is achieving an acceptable 
level of control, as required by the regulation, across the range and 
not only at the endpoints.
    If Method 304A is used, complete Form V initially. Form V is used to 
calculate K1 from the Method 304A results. Form V uses the Henry's law 
constant to estimate the fraction lost from the benchtop reactor vent. 
The owner or operator shall use the Henry's law values in Table I. Form 
V also gives direction for calculating an equivalent KL. Note on Form V 
if the calculated number for line 11 is greater than the calculated 
value for line 13, this procedure shall not be used to demonstrate the 
compound is biodegradable. If line 11 is greater than line 13, this is 
an indication the fraction emitted from the vent is greater than the 
fraction biodegraded. The equivalent KL determined on Form V is used in 
Form II (line 6). Estimation of the Fe and fbio must be done 
following the steps in Form III. Form III uses the previously calculated 
values of K1 and KL (equivalent KL), and site specific parameters of the 
full scale bioreactor as input to the calculations. Forms II, III, and V 
must be completed for each organic compound in the wastewater to 
determine Fe and fbio.
    If Method 304B is used, perform the method and use the measurements 
to determine K1, which is the first order biodegradation rate constant. 
Form I lists the sequence of steps in the procedure for calculating K1 
from the Method 304B results. Once K1 is determined, KL must be 
calculated by use of mass transfer equations. Form II outlines the 
procedure to follow for use of mass transfer equations to determine KL. 
Because of the complexity of these equations, a computer program which 
incorporates these mass transfer equations may be used. Water7 is a 
program that incorporates these mass transfer equations and may be used 
to determine KL. Refer to Form II-A to determine KL, if Water7 or the 
most recent update to this model is used. The Bay Area Sewage Toxics 
Emission (BASTE) model and the TOXCHEM (Environment Canada's Wastewater 
Technology Centre and Environmega, Ltd.) model may also be used with 
several stipulations. The programs must be altered to output a KL value 
which is based on the site specific parameters of the unit modeled, and 
the Henry's law values listed in Table I must be substituted for the 
existing Henry's law values in the programs. Input values used in the 
model and corresponding output values shall become documentation of the 
fbio determination. The owner or operator should be aware these 
programs do not allow modeling of certain units. To model these units, 
the owner

[[Page 1172]]

or operator shall use one of the other appropriate procedures as 
outlined in this appendix. The owner or operator shall not use a default 
value for KL. The KL value determined by use of these models shall be 
based on the site specific parameters of the specific unit. This KL 
value shall be inserted in Form II (line 6). Estimation of the Fe and 
fbio must be done following the steps in Form III. Form III uses 
the previously calculated values of K1 and KL, and site specific 
parameters of the full scale bioreactor as input to the calculations. 
Forms I, II, and III must be completed for each organic compound in the 
wastewater to determine Fe and fbio.

    B. Performance Data With and Without Biodegradation (Procedure 2)

    Procedure 2 uses site specific performance data that represents or 
characterizes operation of the unit both with and without 
biodegradation. As previously mentioned, proper determination of 
fbio must be made on a system as it would exist under the rule. 
Using Form IV, calculate KL and K1. After KL and K1 are determined, Form 
III is used to calculate Fe and fbio for each organic compound 
present in the wastewater.

      C. Inlet and Outlet Concentration Measurements (Procedure 3)

    Procedure 3 uses measured inlet and outlet organic compound 
concentrations for the unit. Again, proper determination of fbio 
must be made on a system as it would exist under the rule. The first 
step in using this procedure is to calculate KL using Form II. Again 
because of the complexity of the calculations, a computer model may be 
used. If the Water7 model or the most recent update to this model is 
used, then use Form II-A to calculate KL. After KL is determined using 
field data, complete Form VI to calculate K1. The TOXCHEM or BASTE model 
may also be used to calculate KL, with the stipulations listed in 
procedure 304B. After KL and K1 are determined, Form III is used to 
calculate Fe and fbio for each organic compound.

                      IV. Calculation of Fbio

    At this point, the individual fbio's determined by the 
previously explained procedures must be summed to obtain the total 
fbio. To determine the Fbio multiply each compound specific 
fbio by the compound specific average mass flow rate of the organic 
compound in the wastewater stream (see regulation for instruction on 
calculation of average mass flow rate). Sum these products and divide by 
the total wastewater stream average mass flow rate of organic compounds.

[GRAPHIC] [TIFF OMITTED] TR22AP94.549


M=compound specific average mass flow rate of the organic compounds in 
          the wastewater(Mg/Yr)
n=number of organic compounds in the wastewater
The Fbio is then used in the applicable compliance equations in the 
regulation to determine if biodegradation may be used to comply with the 
treatment standard without covering and venting to an air pollution 
control device.

[[Page 1173]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.078



[[Page 11764]]

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[[Page 1190]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.095


[GRAPHIC] [TIFF OMITTED] TC01MY92.096

[57 FR 61992, Dec. 29, 1992, as amended at 59 FR 19605, Apr. 22, 1994]

 Appendix D to Part 63--Alternative Validation Procedure for EPA Waste 
                         and Wastewater Methods

                            1. Applicability

    This procedure is to be applied exclusively to Environmental 
Protection Agency methods developed by the Office of Water and the 
Office of Solid Waste. Alternative methods developed by any other group 
or agency shall be validated according to the procedures in Sections 5.1 
and 5.3 of Test Method 301, 40 CFR Part 63, Appendix A. For the purposes 
of this appendix, ``waste'' means waste and wastewater.

                              2. Procedure

    This procedure shall be applied once for each waste matrix. Waste 
matrix in the context of this procedure refers to the target compound 
mixture in the waste as well as the formulation of the medium in which 
the target compounds are suspended. The owner

[[Page 1191]]

or operator shall prepare a sampling plan. Wastewater samples shall be 
collected using sampling procedures which minimize loss of organic 
compounds during sample collection and analysis and maintain sample 
integrity. The sample plan shall include procedures for determining 
recovery efficiency of the relevant compounds regulated in the 
applicable subpart. An example of an acceptable sampling plan would be 
one that incorporates similar sampling and sample handling requirements 
to those of Method 25D of 40 CFR part 60, appendix A.

                       2.1. Sampling and Analysis

    2.1.1. For each waste matrix, collect twice the number of samples 
required by the applicable regulation. Designate and label half the 
sample vials the ``spiked'' sample set, and the other half the 
``unspiked'' sample set. Immediately before or immediately after 
sampling (immediately after in the context of this procedure means after 
placing the sample into the sample vial, but before the sample is 
capped, cooled, and shipped to the laboratory for analysis), inject, 
either individually or as a solution, all the target compounds into each 
spiked sample.
    2.1.2. The mass of each spiked compound shall be 40 to 60 percent of 
the mass expected to be present in the waste matrix. If the 
concentration of the target compounds in the waste are not known, the 
mass of each spiked compound shall be 40 to 60 percent of the limit 
allowed in the applicable regulation. Analyze both sets of samples 
(spiked and unspiked) with the chosen method.

                             3. Calculations

    For each pair of spiked and unspiked samples, determine the fraction 
of spiked compound recovered (R) using the following equations.

where:
mr = mass spiked compound measured (g).
ms = total mass of compound measured in spiked sample (g).
mu = total mass of compound measured in unspiked sample 
(g).

where:
S = theoretical mass of compound spiked into spiked sample (g).

                         3.1.  Method Evaluation

    In order for the chosen method to be acceptable for a compound, 
0.70R1.30 (R in this case is an average value of 
all the spiked and unspiked sample set R values). If the average R value 
does not meet this criterion for a target compound, the chosen method is 
not acceptable for that compound, and therefore another method shall be 
evaluated for acceptance (by repeating the procedures outlined above 
with another method).

                        3.2.  Records and Reports

    Report the average R value in the test report and correct all 
reported measurements made with the method with the calculated R value 
for that compound by using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.048

                     3.3.  Optional Correction Step

    If the applicable regulation allows for correction of the mass of 
the compound in the waste by a published fm value, multiply the 
reported result calculated above with the appropriate fm value for 
that compound.

[61 FR 34200, July 1, 1996]



PART 66--ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA--Table of Contents




                      Subpart A--Purpose and Scope

Sec.
66.1  Applicability and effective date.
66.2  Program description.
66.3  Definitions.
66.4  Limitation on review of regulations.
66.5  Savings clause.
66.6  Effect of litigation; time limits.

                   Subpart B--Notice of Noncompliance

66.11  Issuance of notices of noncompliance.
66.12  Content of notices of noncompliance.
66.13  Duties of source owner or operator upon receipt of a notice of 
          noncompliance.

            Subpart C--Calculation of Noncompliance Penalties

66.21  How to calculate the penalty.
66.22  Contracting out penalty Calculation.
66.23  Interim recalculation of penalty.

[[Page 1193]]

         Subpart D--Exemption Requests; Revocation of Exemptions

Sec.
66.31  Exemptions based on an order, extension or suspension.
66.32  De Minimis exemptions.
66.33  De Minimis exemptions: malfunctions.
66.34  Termination of exemptions.
66.35  Revocation of exemptions.

Subpart E--Decisions on Exemption Requests and Challenges to Notices of 
                              Noncompliance

66.41  Decision on petitions.
66.42  Procedure for hearings.
66.43  Final decision; submission of penalty calculation.

                Subpart F--Review of Penalty Calculation

66.51  Action upon receipt of penalty calculation.
66.52  Petitions for reconsideration of calculation.
66.53  Decisions on petitions.
66.54  Procedures for hearing.

                           Subpart G--Payment

66.61  Duty to pay.
66.62  Method of payment.
66.63  Nonpayment penalty.

               Subpart H--Compliance and Final Adjustment

Sec.
66.71  Determination of compliance.
66.72  Additional payment or reimbursement.
66.73  Petition for reconsideration and procedure for hearing.
66.74  Payment or reimbursement.

                         Subpart I--Final Action

66.81  Final action.

     Subpart J--Supplemental Rules for Formal Adjudicatory Hearings

66.91  Applicability of supplemental rules.
66.92  Commencement of hearings.
66.93  Time limits.
66.94  Presentation of evidence.
66.95  Decisions of Presiding Officer; appeal to the Administrator.

Appendix A to Part 66--Technical Support Document [Note]
Appendix B to Part 66--Instruction Manual [Note]
Appendix C to Part 66--Computer Program [Note]

    Authority: Sec. 120, Clean Air Act, as amended, 42 U.S.C. 7420.

    Source: 45 FR 50110, July 28, 1980, unless otherwise noted.



                      Subpart A--Purpose and Scope



Sec. 66.1  Applicability and effective date.

    (a) This part applies to all proceedings for the assessment by EPA 
of a noncompliance penalty as provided by section 120 of the Clean Air 
Act. This penalty is designed to recover the economic advantage which 
might otherwise accrue to a source by reason of its failure to comply 
with air pollution control standards after receipt of a notice of 
noncompliance.
    (b) These regulations shall be effective October 27, 1980.



Sec. 66.2  Program description.

    This part sets forth the procedures by which EPA will administer the 
noncompliance penalty provisions of section 120 of the Clean Air Act. 
Subpart A describes the scope of the part, defines key terms and states 
the manner of operation of these provisions subpart B states which 
sources of air pollution are subject to these penalties and the form and 
substance of the notice of noncompliance. Subpart C and the accompanying 
Technical Support Document and Manual state how a source must compute 
the penalty which it owes. Subpart D describes the conditions under 
which an exemption from the penalty may be available, and subpart E sets 
forth the procedures for requesting such an exemption. Subpart F states 
how EPA will review penalties calculated by sources under subpart C, and 
subpart G describes the method of payment. Subpart H provides for 
adjustment of the penalty after the source has come into compliance and 
the actual costs of doing so are known. Finally, subpart I states which 
actions under these regulations are subject to judicial review and on 
what conditions, and subpart J provides supplemental procedures for 
adjudicatory hearings.



Sec. 66.3  Definitions.

    In this part and part 67:
    (a) Act means the Clean Air Act, 42 U.S.C. 7401 et seq. as amended 
on August 7, 1977, except where the context specifically indicates 
otherwise.

[[Page 1194]]

    (b) Affiliated entity means a person who directly, or indirectly 
through one or more intermediaries, controls, is controlled by, or is 
under common control with the owner or operator of a source.
    (c) Applicable legal requirements means any of the following:
    (1) In the case of any major source, any emission limitation, 
emission standard, or compliance schedule under any EPA-approved State 
implementation plan (regardless of whether the source is subject to a 
Federal or State consent decree);
    (2) In the case of any source, an emission limitation, emission 
standard, standard of performance, or other requirement (including, but 
not limited to, work practice standards) established under section 111 
or 112 of the Act;
    (3) In the case of a source that is subject to a federal or 
federally approved state judicial consent decree or EPA approved 
extension, order, or suspension, any interim emission control 
requirement or schedule of compliance under that consent decree, 
extension, order or suspension;
    (4) In the case of a nonferrous smelter which has received a primary 
nonferrous smelter order issued or approved by EPA under Section 119 of 
the Act, any interim emission control requirement (including a 
requirement relating to the use of supplemental or intermittent 
controls) or schedule of compliance under that order.
    (d) Approved Section 120 program means a State program to assess and 
collect Section 120 penalties that has been approved by the 
Administrator.
    (e) Computer program means the computer program used to calculate 
noncompliance penalties under section 120 of the Clean Air Act. This 
computer program appears as appendix C to these regulations.
    (f) Control (including the terms controlling, controlled by, and 
under common control with) means the power to direct or cause the 
direction of the management and policies of a person or organization, 
whether by the ownership of stock, voting rights, by contract, or 
otherwise.
    (g) Environmental Appeals Board shall mean the Board within the 
Agency described in Sec. 1.25 of this title. The Administrator delegates 
authority to the Environmental Appeals Board to issue final decisions in 
appeals filed under this part. Appeals directed to the Administrator, 
rather than to the Environmental Appeals Board, will not be considered. 
This delegation of authority to the Environmental Appeals Board does not 
preclude the Environmental Appeals Board from referring an appeal or a 
motion filed under this part to the Administrator for decision when the 
Environmental Appeals Board, in its discretion, deems it appropriate to 
do so. When an appeal or motion is referred to the Administrator, all 
parties shall be so notified and the rules in this part referring to the 
Environmental Appeals Board shall be interpreted as referring to the 
Administrator.
    (h) Major stationary source means any stationary facility or source 
of air pollutants which directly emits, or has the potential to emit, 
one hundred tons per year or more of any air pollutant regulated by EPA 
under the Clean Air Act.
    (i) Manual means the Noncompliance Penalties Instruction Manual 
which accompanies these regulations. This Manual appears as appendix B 
to these regulations.
    (j) Owner or operator means any person who owns, leases, operates or 
supervises a facility, building, structure or installation which emits 
or has the potential to emit any air pollutant regulated by EPA under 
the Act.
    (k) Potential to emit means the capability at maximum design 
capacity to emit a pollutant after the application of air pollution 
control equipment. Annual potential shall be based on the larger of the 
maximum annual rated capacity of the stationary source assuming 
continuous operation, or on a projection of actual annual emissions. 
Enforceable permit conditions on the type of materials combusted or 
processed may be used in determining the annual potential. Fugitive 
emissions, to the extent quantifiable, will be considered in determining 
annual potential for those stationary sources whose fugitive emissions 
are regulated by the applicable state implementation plan.

[[Page 1195]]

    (l) Source means any source of air pollution subject to applicable 
legal requirements as defined in paragraph (c).
    (m) Technical Support Document means the Noncompliance Penalties 
Technical Support Document which accompanies these regulations. The 
Technical Support Document appears as appendix A to these regulations.

All other terms are defined as they are in the Act.

[45 FR 50110, July 28, 1980, as amended at 57 FR 5328, Feb. 13, 1992]



Sec. 66.4  Limitation on review of regulations.

    No applicable legal requirement, which could have been reviewed or 
challenged by means of the timely filing of an appropriate petition, no 
provision of this part or part 67 or appendices A, B or C, may be 
challenged, reviewed or re-examined in any hearing conducted under this 
part or part 67. This limitation on review includes, but is not limited 
to:
    (a) Arguments that the statute is more or less restrictive than the 
regulations, e.g., that exemptions other than those provided herein 
should be granted.
    (b) Arguments that the economic model does not accurately calculate 
the economic benefits of noncompliance, or that parameters, terms and 
conditions other than those provided for in the model should be used or 
that evidence other than that described in the Technical Support 
Document for establishing inputs should be considered.



Sec. 66.5  Savings clause.

    Proceedings under these regulations for imposition of a penalty 
under section 120 are in addition to any other proceedings related to 
permits, orders, payments, sanctions or other requirements of State or 
Federal law. No action under this part or part 67 shall affect in any 
way any administrative, civil or criminal enforcement proceeding brought 
under any provision of the Clean Air Act or State or local law.



Sec. 66.6  Effect of litigation; time limits.

    (a) The existence of any litigation on the validity of these 
regulations shall not affect the authority of the Agency to issue 
notices of noncompliance or to conduct subsequent administrative 
proceedings under parts 66 and 67.
    (b) Failure of the Environmental Appeals Board or the Presiding 
Officer at a hearing to meet any of the time limits contained in this 
part 66 and part 67 of this chapter shall not affect the validity of any 
proceeding under these regulations.
    (c) The filing of any petition for reconsideration under this part 
or part 67 or the institution of EPA review of a State determination 
under part 67 shall not toll the accrual of noncompliance penalties. The 
penalty will be calculated from the date on which the source owner or 
operator receives a notice of noncompliance.

[45 FR 50110, July 28, 1980, as amended at 57 FR 5329, Feb. 13, 1992]



                   Subpart B--Notice of Noncompliance



Sec. 66.11  Issuance of notices of noncompliance.

    (a) The Administrator shall issue a notice of noncompliance to the 
owner or operator of any source which he determines is in violation of 
applicable legal requirements and which is located in a State without an 
approved section 120 program.
    (b) The Administrator shall send a notice of noncompliance to the 
owner or operator of any source located in a State with an approved 
section 120 program when he determines as provided in part 67 that the 
source is in violation of applicable legal requirements and the State 
has failed to send a notice of noncompliance to it, or has failed to 
pursue diligently any subsequent steps for the assessment or collection 
of the penalty.
    (c) Failure of EPA or a State to issue a notice of noncompliance 
within 30 days after discovery of a violation shall not affect the 
obligation of a source owner or operator to pay a noncompliance penalty 
but shall affect the date from which the penalty is calculated. The 
penalty shall be calculated from the earliest date that the owner or 
operator of the source received a notice of noncompliance under this 
section, whether issued by EPA or the State.


[[Page 1196]]





Sec. 66.12  Content of notices of noncompliance.

    (a) Each notice of noncompliance shall be in writing and shall 
include:
    (1) A specific reference to each applicable legal requirement of 
which the source is in violation;
    (2) A brief statement of the factual basis for the finding of 
violation, together with a reference to any supporting materials and a 
statement of when and where they may be inspected;
    (3) Instructions on calculating the amount of the penalty owed and 
the schedule for payments. Such instructions shall include (i) a 
statement of the date from which penalties should be calculated and (ii) 
a copy of the Technical Support Document and the Manual;
    (4) Notice of the right to petition for a hearing to challenge the 
finding of noncompliance or to claim an exemption; and
    (5) Notice that the penalty continues to accrue during the pendency 
of any hearings granted under this part or Part 67.
    (b) Each notice of noncompliance shall be transmitted to the source 
owner or operator either by personal service or by registered or 
certified mail, return receipt requested.



Sec. 66.13  Duties of source owner or operator upon receipt of a notice of noncompliance.

    (a) Within forty-five days after receiving a notice of noncompliance 
a source owner or operator shall either:
    (1) Calculate the amount of the penalty owed and the appropriate 
quarterly payment schedule, as provided in the Technical Support 
Document and Instruction Manual, and transmit that calculation, together 
with supporting data sufficient to allow verification of the penalty 
calculation, to the Administrator; or
    (2) Submit a petition for reconsideration, alleging that the source 
is not in violation of applicable legal requirements or that the source 
owner or operator is entitled to an exemption pursuant to Secs. 66.31 
through 66.33, or both. A source owner or operator must present both 
grounds in the petition if he wishes to preserve a claim to an exemption 
in the event that the source is found to be in violation. Issues 
relating to the existence of a violation or entitlement to an exemption 
not raised in the petition shall be deemed waived.
    (b) Any submittal pursuant to this subsection shall specify the 
identity of the person responsible for the payment of any noncompliance 
penalty, and to whom any reimbursement, if necessary, shall be sent.
    (c) A source owner or operator may amend any petition for 
reconsideration pursuant to paragraph (a) of this section within 45 days 
from receipt of a notice of noncompliance. Amendment of such petition 
after 45 days will be permitted only if based on unforeseeable 
conditions occurring after termination of the 45 day period, or upon 
consent of the Administrator.



            Subpart C--Calculation of Noncompliance Penalties



Sec. 66.21  How to calculate the penalty.

    (a) All noncompliance penalties shall be calculated in accordance 
with the Technical Support Document and the Manual.
    (b) Where the Administrator determines that no existing technology 
or other emissions control method results in emission levels which 
satisfy the applicable legal requirement, the penalty calculation shall 
be based on the cost of the capital equipment, operation and maintenance 
practices, or other methods of control which best approximates the 
degree of control required. In such a case, the Administrator may 
include in the penalty the costs of participation in an EPA approved 
research and development program where he determines that such 
participation would be appropriate. Information on appropriate research 
and development programs will be available from the regional offices or 
from the Office of Research and Development.



Sec. 66.22  Contracting out penalty calculation.

    Upon the failure of a source owner or operator, who does not submit 
a petition for reconsideration as provided in Sec. 66.13(a)(2), to 
submit the information described in Sec. 66.13(a)(1) within 45 days of 
receipt of a notice of noncompliance,

[[Page 1197]]

or upon submission of incorrect information as determined pursuant to 
Sec. 66.51, the Administrator may enter into a contract with any 
qualified person who is not an affiliated entity and who has no 
financial interest in the owner or operator of the source to assist in 
determining the amount of the penalty assessment or payment schedule 
with respect to such source owner or operator. The cost of this contract 
may be added to the penalty to be assessed against the owner or operator 
of the source. The data used in calculating the penalty shall be 
furnished to the source owner or operator at the time that the penalty 
calculation is reported.



Sec. 66.23  Interim recalculation of penalty.

    (a) The Administrator, upon concluding that a previously approved 
penalty calculation no longer is accurate, may:
    (1) Request, in writing, that the source owner or operator submit a 
revised calculation in the form specified in Sec. 66.13(a). The 
Administrator shall respond to any information submitted in accordance 
with the provisions of Sec. 66.51.
    (2) Notify the source owner or operator, in writing, that the 
penalty has been recalculated based upon information in the 
Administrator's possession. The source owner or operator shall respond 
as provided in Sec. 66.52.
    (b) If a source owner or operator believes that, because of changed 
circumstances, a penalty calculation which has been accepted by EPA no 
longer is accurate, he may submit a revised penalty calculation and 
schedule to the Administrator. The revised calculation shall be in the 
form specified in Sec. 66.13(a)(1). The Administrator shall respond in 
accordance with the provisions of Sec. 66.51. The decision to accept the 
interim calculation or to grant a hearing on this issue shall be solely 
within the discretion of the Administrator.



         Subpart D--Exemption Requests; Revocation of Exemptions



Sec. 66.31  Exemptions based on an order, extension or suspension.

    (a) A source owner or operator who would otherwise be subject to a 
noncompliance penalty will be exempted from that penalty during the 
period for which, and upon a demonstration that, its noncompliance with 
applicable legal requirements is or was due solely to;
    (1) A conversion by such source from the burning of petroleum 
products or natural gas, or both, as the permanent primary energy source 
to the burning of coal pursuant to an order under section 113(d)(5) or 
section 119 of the Act as in effect before August 7, 1977.
    (2) In the case of a coal-burning source, the issuance of a 
prohibition to that source against burning petroleum products or natural 
gas, or both, by means of an order under sections 2(a) and (b) of the 
Energy Supply and Environmental Coordination Act of 1974, the Powerplant 
and Industrial Fuel Use Act, or under any legislation which amends or 
supersedes these provisions, Provided, That the source had received an 
extension under the second sentence of section 119(c)(1) of the Act as 
in effect before August 7, 1977.
    (3) The use of innovative technology by the source owner or operator 
pursuant to an enforcement order under section 113(d)(4) of the Act.
    (4) An inability to comply with an applicable legal requirement 
resulting from reasons entirely beyond the control of the owner or 
operator of such source or of any affiliated entity, Provided, That
    (i) The source owner or operator has received an order under section 
113(d) (or an order under section 113 issued before August 7, 1977) or a 
federal or EPA-approved State judicial decree or order which has the 
effect of permitting a delay in complying with the legal requirement at 
issue, and
    (ii) That the source owner or operator meets the requirements of 
paragraphs (c) and (d) of this section.

[[Page 1198]]

    (5) The existence of an energy or employment emergency demonstrated 
by issuance of an order under section 110(f) or 110(g) of the Act, 
unless such order is disapproved by EPA.
    (b) To qualify for an exemption under this section, the source owner 
or operator must have received the order, extension or suspension or 
consent decree described in the paragraph of the section pursuant to 
which the exemption is claimed. No exemption may be sought which, if 
granted, would exceed the terms of the relevant extension, order, 
suspension, or consent decree, except as provided in paragraph (e) of 
this section. No exemption may be sought which is based on a claim that 
the source owner or operator is entitled to any such order, extension, 
suspension, or consent decree even though it has not been issued.
    (c) In any exemption claim based on paragraph (a)(4) of this 
section, the source owner or operator must demonstrate:
    (1) That the source owner or operator or an affiliated entity in no 
manner sought, caused, encouraged or contributed to the inability; and
    (2) That the source owner or operator in no way unduly delayed 
negotiation for needed equipment or fuel supply or made unusual demands 
not typical in its industry, or placed unusual restrictions on the 
supplier, or delayed in any other manner the delivery of goods or the 
completion of the necessary construction.
    (d)(1) No exemption will be granted pursuant to paragraph (a)(4) of 
this section unless the owner or operator of the source demonstrates 
that, with respect to a situation described in paragraph (c), all 
reasonable steps were taken to prevent the situation causing the 
inability to comply, that procuring the needed pollution control 
equipment or fuel supply was given and continues to be given the highest 
possible priority in the planning and budgeting process of the owner or 
operator of the source, and that alternative sources of equipment and 
fuel have been explored without success.
    (2) Any exemption granted under paragraph (a)(4) of this section 
shall cease to be effective when the inability to comply ceases to be 
entirely beyond the control of the source owner or operator as defined 
in this section.
    (e) Except in the case of exemptions based on orders under section 
113 (d)(4) or (d)(5) or suspensions under section 110(g), the 
Administrator may grant an exemption with retroactive effect to the date 
of the event giving rise to the section 120 predicate order, extension, 
suspension, or consent decree. In such cases, the exemption from the 
noncompliance penalty shall run from the date that the basis for the 
exemption first occurred.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]



Sec. 66.32  De Minimis exemptions.

    (a) The Administrator may, upon notice and opportunity for public 
hearing, exempt the owner or operator of any source from a penalty where 
he finds that a particular instance of noncompliance was de minimis in 
nature and duration.
    (b) A petition for an exemption on the ground that the violation 
described in a notice of noncompliance was de minimis in nature and 
duration may only raise issues related to entitlement to an exemption 
and shall contain or be accompanied by supporting documentation. Issues 
relating to entitlement to a de minimis exemption not raised in the 
petition shall be deemed waived.
    (c) In ruling upon such a petition, the Administrator shall 
consider:
    (1) The magnitude of the excess emissions and whether the source's 
noncompliance is recurring or persistent;
    (2) The steps the source owner or operator is taking to eliminate 
the cause of the excess emissions and to minimize such emissions;
    (3) Whether any significant economic savings are likely to accrue to 
the owner or operator of the source as a result of the noncompliance;
    (4) The character of the emissions, and their impact on ambient air 
quality; and
    (5) The duration of the violation.
    (d) A hearing on a petition for a de minimis exemption shall be 
informal. The hearing shall be scheduled upon notice to the public. 
Reasonable opportunity to testify and for submission of

[[Page 1198]]

questions by the public to the petitioner shall be afforded. The 
decision of the hearing officer will be made in writing within a 
reasonable period of time after the close of the hearing.



Sec. 66.33  De Minimis exemptions: malfunctions.

    (a) The Administrator may, upon notice and opportunity for a public 
hearing, exempt the owner or operator of a source if he finds with 
respect to a particular instance of noncompliance, that such 
noncompliance was de minimis in nature and duration, and was caused 
solely by a sudden and unavoidable breakdown of process or pollution 
control equipment.
    (b) A petition for an exemption on the ground that the violation was 
de minimis and was caused by a sudden and unavoidable breakdown of 
process or pollution control equipment may only raise issues related to 
entitlement to an exemption and shall contain or be accompanied by 
supporting documentation. Issues relating to entitlement to an exemption 
that are not raised in the petition shall be deemed waived. In making 
such finding the Administrator shall consider whether:
    (1) The violation was de minimis in nature and duration within the 
meaning of Sec. 66.32;
    (2) The air pollution control equipment, process equipment, or 
processes, including appropriate back-up systems, were designed, and 
have been maintained and operated in a manner consistent with good 
practice for minimizing emissions;
    (3) Repair of the malfunctioning equipment was undertaken and 
carried out in an expeditious fashion as soon as the owner or operator 
knew or should have known that the malfunction existed or that 
applicable emission limitations were being violated or were likely to be 
violated;
    (4) All practicable steps were taken to minimize the impact of the 
excess emissions (including any bypass) on ambient air quality;
    (5) The excess emissions were not part of a pattern indicative of 
inadequate design, operation, or maintenance;
    (6) Off-shift and overtime labor were utilized where necessary to 
ensure that repairs were made as expeditiously as possible or that 
emissions were minimized to the maximum extent possible; and
    (7) The level of economic savings, if any, accruing to the source 
owner or operator was de minimis.
    (c) Any activity that could have been foreseen, avoided or planned 
for, or any breakdown that could have been avoided by the exercise of 
reasonable diligence shall not constitute grounds for an exemption under 
this section. Such activities include, but are not limited to, sudden 
breakdowns avoidable by better maintenance procedures, phasing in and 
out of process equipment and routine maintenance.
    (d) A hearing on any petition for an exemption based upon the 
unavoidable breakdown of pollution control equipment shall be informal. 
The hearing shall be scheduled upon notice to the public. Reasonable 
opportunity to testify and for submission of questions by the public to 
the petitioner shall be afforded. The decision of the hearing officer 
will be made in writing within a reasonable period of time after the 
close of the hearing.



Sec. 66.34  Termination of exemptions.

    (a) Exemptions pursuant to Sec. 66.31(a) (1), (2), (3), and (5) will 
cease to be effective upon termination or revocation of the order on 
which the exemption is based.
    (b) Exemptions pursuant to Sec. 66.31(a)(4) will cease to be 
effective when the order or decree is terminated or revoked, or the 
inability to comply ceases to be for reasons entirely beyond the control 
of the source owner or operator as defined in Sec.  66.31(c).
    (c) Exemptions granted pursuant to Sec. 66.32 or Sec. 66.33 shall 
terminate at the time specified in the exemption.
    (d) The Administrator shall notify the source owner or operator, in 
writing, that the exemption has terminated, and shall specify the date 
from which the penalty shall be calculated. The notice shall be 
transmitted as required by Sec. 66.12. The source owner or operator 
shall respond to this notice within 45 days of its receipt and in the 
form provided in Sec. 66.13.


[[Page 1200]]





Sec. 66.35  Revocation of exemptions.

    (a) The Administrator may upon notice and opportunity for a hearing 
revoke an exemption granted to the owner or operator of any source at 
any time in accordance with paragraphs (b) and (c) below.
    (b) An exemption may be revoked and a penalty for the period of non-
exempted noncompliance assessed if:
    (1) The grounds for the exemption no longer exist or never did 
exist, or
    (2) In the case of an exemption under Sec. 66.31, the source owner 
or operator has failed to comply with any interim emission control 
requirements or schedules of compliance (including increments of 
progress) contained in the extension, order, suspension or EPA-approved 
consent decree on which the exemption was based.
    (c) The Administrator shall provide the source owner or operator 
written notice containing the information required by Sec. 66.12 and a 
statement of the reasons for revocation. The notice shall also specify 
the date from which the source owner or operator must calculate a 
penalty. The notice shall be transmitted as required by Sec. 66.12. The 
source owner or operator shall respond to this notice within 45 days of 
its receipt and in the form provided in Sec. 66.13.



Subpart E--Decisions on Exemption Requests and Challenges to Notices of 
                              Noncompliance



Sec. 66.41  Decision on petitions.

    (a) Within thirty days after receiving a petition filed under 
Sec. 66.13, the Administrator shall notify the source owner or operator 
in writing that:
    (1) The petition demonstrates that the source owner or operator is 
entitled to part or all of the relief requested and that the notice of 
noncompliance is withdrawn or modified accordingly;
    (2) The petition does not contain sufficient information to 
demonstrate that the source owner or operator is entitled to part or all 
of the relief requested. The Administrator shall specify what 
deficiencies exist and request that the source owner or operator 
supplement his petition within thirty days of receipt of that request. 
If the petition is not supplemented adequately within this time, or, if 
supplemented adequately, still fails to demonstrate entitlement to 
relief, the Administrator shall grant a hearing under paragraph (a)(3) 
of this section. Any supplemental material provided pursuant to the 
Administrator's request shall be evaluated as provided in paragraphs 
(a)(1) and (a)(3) of this section.
    (3) A hearing is granted on the issue of whether the source is in 
violation of applicable legal requirements or is entitled to an 
exemption under Secs. 66.31, 66.32, 66.33, or on both.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]



Sec. 66.42  Procedure for hearings.

    (a) Except as provided in Secs. 66.32 and 66.33, hearings granted 
under Sec. 66.41(a)(3) shall be held as provided in Subpart J.
    (b) If hearings are granted pursuant to both Sec. 66.32 or 
Sec. 66.33 and under Subpart J, a consolidated hearing in accordance 
with Subpart J shall be held. At the consolidated hearing the issues 
that would otherwise have been considered at a hearing under Sec. 66.32 
or Sec. 66.33 shall be considered pursuant to the procedures for a 
hearing provided in those sections.
    (c) The Presiding Officer at a hearing granted under Sec. 66.41 
shall issue an initial decision within 90 days after the Administrator 
grants the hearing, unless the duration of the hearing or the deadline 
for decision is extended by the Presiding Officer upon agreement of the 
parties. Failure to issue a decision (whether or not by consent) within 
90 days shall not affect the validity of the proceedings or the accrual 
of penalties in any manner.



Sec. 66.43  Final decision; submission of penalty calculation.

    Within forty-five days after EPA has notified the owner or operator 
of a source of the final Agency decision that it is in violation of 
applicable legal requirements or is not entitled to an exemption, the 
owner or operator shall submit the information required by 
Sec. 66.13(a), including appropriate compliance and payment schedules 
and

[[Page 1201]]

extra interest owed for the period of delay. The penalty shall be 
calculated from the date of receipt of the original notice of 
noncompliance.



                Subpart F--Review of Penalty Calculation



Sec. 66.51  Action upon receipt of penalty calculation.

    (a) Within thirty days after receipt of a penalty calculation 
provided pursuant to Sec. 66.13(a)(1) or Sec. 66.43, the Administrator 
shall notify the source owner or operator in writing, that:
    (1) The penalty is provisionally accepted as calculated, subject to 
any recalculation that may be necessary under Sec. 66.72 after the 
source has achieved compliance; or
    (2) The penalty is incorrect and has been recalculated based on the 
data provided by the source owner or operator, or other data. The 
Administrator shall provide a brief statement of the basis for the 
recalculation and shall identify when and where any supporting data may 
be examined. The Administrator shall also notify the source owner or 
operator of the right to petition for a hearing under Sec. 66.52; or
    (3) The source owner or operator has not submitted any calculation, 
or the information submitted is inadequate to enable EPA to verify the 
owner or operator's penalty calculation. The Administrator shall specify 
what deficiencies exist and request the source owner or operator to 
supplement his submission within thirty days of receipt of that request. 
If an inadequate supplemental submission is made within this time, EPA 
may calculate the penalty itself or as provided in Sec. 66.22.
    (b) Supplemental material provided pursuant to paragraph (a)(3) of 
this section shall be evaluated as provided in paragraph (a).



Sec. 66.52  Petitions for reconsideration of calculation.

    Within forty-five days after receipt of notice under 
Sec. 66.51(a)(2) that the penalty has been recalculated by EPA, a source 
owner or operator who wishes to challenge EPA's recalculation shall 
petition in writing for reconsideration. A statement of all arguments on 
which the owner or operator relies, including all necessary supporting 
data and a substitute penalty calculation and payment schedule shall be 
included in or accompany this petition. Issues not raised in the 
petition shall be deemed waived.



Sec. 66.53  Decisions on petitions.

    Within thirty days after receiving a petition for reconsideration 
under Sec. 66.52 the Administrator shall:
    (a) Accept the penalty calculation of the owner or operator to the 
extent the Administrator concludes it is correct; or
    (b) Grant a hearing to the extent he does not conclude that the 
petition is correct.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]



Sec. 66.54  Procedures for hearing.

    (a) Hearings granted under Sec. 66.53 shall be held as provided in 
subpart J.
    (b) The Presiding Officer at a hearing granted under Sec. 66.53 
shall issue an initial decision within ninety days after the 
Administrator grants the hearing, unless the duration of the hearing or 
the deadline for decision is extended by the Presiding Officer upon 
agreement of the parties. Failure to issue a decision (whether or not by 
consent) within 90 days shall not affect the validity of the proceedings 
or the accrual of penalties in any manner.



                           Subpart G--Payment



Sec. 66.61  Duty to pay.

    (a) Except where the owner or operator has submitted a petition 
pursuant to Sec. 66.13(a)(2), the first installment of the penalty shall 
be paid on the date six months after receipt of the notice of 
noncompliance.
    (b) Where the source owner has filed a petition pursuant to 
Sec. 66.13(a)(2), the first installment consisting of payment of 
penalties for all quarters ``missed'' as well as for the upcoming 
quarter shall be paid on the date six months after a final 
administrative decision affirming the source owner or operator's 
liability. Installments shall be paid quarterly thereafter until 
compliance

[[Page 1201]]

is achieved. Quarters shall be measured in increments of three calendar 
months from the date the first payment is due.
    (c) A source owner or operator who submits a petition pursuant to 
Sec. 66.52 shall pay the penalty amount calculated by the owner or 
operator under Sec. 66.13 or Sec. 66.43 or any penalty calculated by EPA 
where the owner or operator has failed to calculate such penalty. Within 
45 days after EPA has notified the owner or operator of a final 
administrative action after hearings on such petition, the owner or 
operator shall submit any necessary modification to the penalty. The 
revised penalty will be calculated in accordance with the Technical 
Support Document and the Manual, and a revised schedule, including 
appropriate adjustments for overpayments or underpayments made, will be 
established.



Sec. 66.62  Method of payment.

    Payments in excess of $10,000 under this part shall be made by wire 
transfer payable to the U.S. Treasury. Payments under this part which 
are less than $10,000 shall be made by cashier's or certified check made 
payable to the United States Treasury, sent by registered mail, return 
receipt requested, and addressed to the Administrator, Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460. Payment by 
check is made on the due date if it is postmarked on or before the due 
date. Payment by wire transfer is made on the due date if the Treasury's 
account is credited on or before the due date.



Sec. 66.63  Nonpayment penalty.

    (a) Any source owner or operator who fails to make timely payment 
under Sec. 66.61 shall pay in addition to the penalty owed a quarterly 
nonpayment penalty. The nonpayment penalty shall be calculated as of the 
due date of the noncompliance penalty payment and shall be equal to 20 
percent of the aggregate amount of the noncompliance penalties and 
nonpayment penalties due and owing from the owner or operator on the due 
date. Partial payments shall be credited first against the nonpayment 
penalty, then against the noncompliance penalty.
    (b) The Administrator shall notify the source owner or operator in 
writing of the amount of any nonpayment penalty for which the owner or 
operator is liable. Failure of the Administrator to provide such notice 
immediately shall not affect the legal obligation of the source owner or 
operator to pay such penalty. Such nonpayment penalty, as well as the 
past due noncompliance penalty, shall be payable immediately.



               Subpart H--Compliance and Final Adjustment



Sec. 66.71  Determination of compliance.

    (a) An owner or operator of a source who is paying a noncompliance 
penalty under this part shall notify the Administrator in writing when 
he believes that the source has come into and is maintaining compliance 
with all applicable legal requirements. The notice shall be accompanied 
by any factual data, analytical materials, and legal arguments which the 
source owner or operator believes support such claim.
    (b) Within 30 days of receipt of a source owner's submittal, the 
Administrator shall determine whether the source has achieved and is 
maintaining compliance with applicable legal requirements, and shall 
notify the source owner or operator of this determination in writing. If 
the Administrator is unable to conclude, on the basis of the information 
submitted, whether the source has achieved and is maintaining compliance 
with applicable legal requirements, he shall inform the owner or 
operator of any additional material that is needed. Within 30 days of 
receipt of such additional material, the Administrator shall determine 
whether the source has achieved and is maintaining compliance, and shall 
notify the source owner or operator of this determination in writing.
    (c) If the Administrator determines that the source has not achieved 
or is not maintaining compliance with applicable legal requirements, the 
source owner or operator may petition for reconsideration within 30 days 
of receipt of the determination. The source owner or operator shall 
include in this petition any necessary supporting material. Issues not 
raised in the petition will be deemed waived. The procedures

[[Page 1203]]

of Sec. 66.41 shall be followed upon the receipt of such petition.
    (d) In the event that the applicable legal requirement (as defined 
in Sec. 66.3(c)) the violation of which forms the basis for the penalty 
is superseded by another applicable legal requirement (as defined in 
Sec. 66.3(c)) the owner or operator of a source liable for a 
noncompliance penalty under this part shall notify the Administrator in 
writing that the owner or operator believes that the applicable legal 
requirement is superseded and that the period of noncompliance covered 
by the notice of noncompliance is ended. The notice shall be accompanied 
by the legal arguments which the source owner or operator believes 
support such a claim. Within 30 days of receipt of a source owner or 
operator's notice, the Administrator shall determine whether the period 
of covered noncompliance is ended and shall notify the source owner or 
operator of this determination in writing. In cases where the 
superseding EPA-approved requirement was not approved by EPA within the 
time period required by statute, the period of covered noncompliance 
shall be deemed to have ended on the date when EPA under the statute 
should have acted.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]



Sec. 66.72  Additional payment or reimbursement.

    (a) Within 120 days after the source owner or operator receives 
notification pursuant to Sec. 66.71(b) that it has achieved and is 
maintaining compliance with applicable legal requirements, or within 120 
days after receipt of a decision to that effect upon petition and 
hearing, or within 120 days after receipt of a decision to that effect 
upon an appeal to the Environmental Appeals Board, the source owner or 
operator shall submit to the Administrator a revised penalty calculation 
as provided in the Technical Support Document and the Manual, together 
with data necessary for verification. The revised calculation shall 
include interest on any underpayment.
    (b) Within thirty days after receiving a revised penalty calculation 
provided pursuant to paragraph (a) of this section, the Administrator 
shall inform the source owner or operator in writing that:
    (1) The revised penalty is correct as calculated;
    (2) The revised penalty is incorrect and has been recalculated based 
on the data provided by the source owner or operator or on other data. 
The Administrator shall provide to the source owner or operator a brief 
statement of the basis of the recalculation and shall identify when and 
where any supporting data may be examined. The Administrator shall also 
notify the source owner or operator of the right to petition for 
reconsideration under Sec. 66.73; or
    (3) The source owner or operator has not submitted any penalty 
calculation, or has not submitted enough material to enable EPA to 
verify the penalty calculation. The Administrator shall specify what 
deficiencies exist and shall require the source owner or operator to 
furnish the supplemental material within thirty days of receipt of the 
notice. The supplemental material submitted will be evaluated in the 
same manner as the original submittal.
    (c) If a source owner or operator fails to submit or to complete a 
revised penalty calculation when due under this section or the 
calculation submitted is incorrect, the Administrator may recalculate 
the penalty or may enter into a contract for independent calculation of 
the penalty as provided in Sec. 66.22.
    (d) Within 120 days after the source owner or operator receives 
notification pursuant to Sec. 66.71(d) that the period of covered 
noncompliance ended on the date the applicable legal requirement was 
superseded (or, in event of EPA delay past an applicable statutory 
deadline, on the date the applicable legal requirement would have been 
superseded if there had been no delay past the statutory deadline), the 
source owner or operator shall submit to the Administrator a revised 
penalty calculation as provided in the Technical Support Document and 
Manual together with data necessary for verification. The revised 
calculation shall include interest on any underpayment. Paragraphs (b) 
and (c) shall apply to

[[Page 1204]]

calculations submitted under this paragraph.

[45 FR 50110, July 20, 1980 as amended at 50 FR 36734, Sept. 9, 1985; 57 
FR 5329, Feb. 13, 1992]



Sec. 66.73  Petition for reconsideration and procedure for hearing.

    Within forty-five days of receipt of a notice under Sec. 66.72(b) 
(2) a source owner or operator may petition for reconsideration in the 
form and manner provided in Sec. 66.52. The petition shall be evaluated 
as provided in Sec. 66.53 and any hearing shall be held in conformity 
with Sec. 66.54.



Sec. 66.74  Payment or reimbursement.

    (a) Within thirty days after any adjustment of a noncompliance 
penalty under this Subpart has become administratively final:
    (1) Any deficiency owed by the source owner or operator shall be 
paid as provided in Sec. 66.62.
    (2) Any reimbursement shall be paid by check from the United States 
payable to the order of the source owner or operator, and sent by 
registered or certified mail, return receipt requested.
    (b) Any payment under paragraph (a) of this section, shall include 
interest on the amount of the deficiency or reimbursement due, from the 
date the deficiency or reimbursement arose, at a rate determined by the 
Secretary of the Treasury. Such payment shall be calculated in 
accordance with the Technical Support Document and the Manual.
    (c) Any source owner or operator who fails to make timely payment of 
a deficiency shall pay a nonpayment penalty. The nonpayment penalty 
shall be calculated as of the due date of the deficiency payment and 
shall be equal to 20% of the deficiency not paid. Such nonpayment 
penalty (in addition to the amount of the deficiency owed) shall be 
payable immediately. If any part of the nonpayment penalty or deficiency 
shall remain unpaid at the end of three calendar months from the due 
date of the deficiency, a further nonpayment penalty shall be due equal 
to 20% of the sum of all payments due and owing. Partial payments shall 
be credited first against the nonpayment penalty, then the deficiency.



                         Subpart I--Final Action



Sec. 66.81  Final action.

    (a) A final Agency action appealable to the courts by the source 
owner or operator includes and is limited to the following, provided the 
conditions of paragraph (b) of this section are met:
    (1) A notice of determination that a source is in violation of 
applicable legal requirements;
    (2) A notice of decision to deny or revoke an exemption under 
subpart D;
    (3) A notice of revision by EPA of a penalty calculation or schedule 
under subpart F;
    (4) A notice of decision by EPA that the source is not in final 
compliance or any revision by EPA of a final penalty calculation under 
subpart H; and
    (5) A notice of denial of a petition for reconsideration under 
Sec. 66.71 or Sec. 66.73.
    (6) A decision by the Administrator upon completion of any review of 
a State action pursuant to part 67.
    (b) The actions listed in paragraph (a) of this section constitute 
final Agency action only if all administrative remedies have been 
exhausted. To exhaust administrative remedies, a source owner or 
operator must first petition for reconsideration of the decision in 
question and, if unsuccessful after hearing or after denial of hearing, 
appeal the decision in question to the Environmental Appeals Board. The 
action becomes final upon the completion of review by the Environmental 
Appeals Board and notice thereof to the owner or operator of the source.
    (c) Where a petition seeks reconsideration both of the finding of 
noncompliance and of the finding of liability on the ground that the 
source owner or operator is entitled to an exemption, both questions 
must be decided before any review by the Environmental Appeals Board is 
sought, except on agreement of the parties.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985; 
57 FR 5329, Feb. 13, 1992]

[[Page 1205]]



     Subpart J--Supplemental Rules for Formal Adjudicatory Hearings



Sec. 66.91  Applicability of supple-  mental rules.

    The Supplemental Rules in this subpart, in conjunction with the 
Consolidated Rules of Practice (40 CFR part 22) shall govern all 
hearings held under this part. To the extent that the provisions of 
these Supplemental Rules or any other provision of this part are 
inconsistent with the Consolidated Rules, the provisions of this part 
shall govern.



Sec. 66.92  Commencement of     hearings.

    (a) The provisions of 40 CFR 22.08 (Consolidated Rules of Practice) 
shall become applicable when the Administrator grants a hearing.
    (b) Upon granting a hearing the Administrator shall immediately 
transmit to the appropriate Regional Hearing Clerk two copies of the 
notice granting the hearing and:
    (1) In the case of a hearing pursuant to Sec. 66.42, two copies of 
the notice of noncompliance under Sec. 66.11 (or the revocation notice 
under Sec. 66.34) and of the petition of the owner or operator under 
Sec. 66.13, together with supporting documents; and
    (2) In the case of a hearing pursuant to Sec. 66.53 or Sec. 66.73, 
two copies of the penalty calculation of the source owner or operator 
provided pursuant to Sec. 66.13(a) or Sec. 66.72, and of any Agency 
recalculation pursuant to Sec. 66.51(a)(2) or Sec. 66.72(b)(2), and of 
the petition of the source owner or operator for reconsideration 
pursuant to Sec. 66.52 or Sec. 66.73, together with supporting 
documents.
    (3) The Regional Hearing Clerk shall open and maintain the official 
file of the proceeding upon receipt of the documents referred to in 
paragraphs (b)(1) and (2) of this section.
    (c) Upon granting a hearing the Administrator shall request the 
Chief Administrative Law Judge to designate an Administrative Law Judge 
to serve as the Presiding Officer. The Chief Administrative Law Judge 
shall make this designation within seven days of receiving the request, 
and shall notify the Regional Hearing Clerk of his action. The Regional 
Hearing Clerk shall forward to the Presiding Officer one set of the 
documents described in paragraph (b).



Sec. 66.93  Time limits.

    The Presiding Officer upon designation shall notify the parties and 
shall, if appropriate, schedule a prehearing conference (or alternative 
procedures) under 40 CFR 22.19 and shall notify the parties of the date 
of hearing under 40 CFR 22.21. The Presiding Officer shall issue an 
initial decision no later than ninety days after the hearing is granted, 
unless an extension of the hearing schedule or of the deadline for 
decision is agreed to by the parties. To that end, the Presiding Officer 
may establish such deadlines as are reasonable and necessary. Failure to 
issue a decision within 90 days or further extended deadline (whether or 
not by consent) shall not affect the validity of the proceedings.



Sec. 66.94  Presentation of evidence.

    (a) In hearings pursuant to Sec. 66.42 EPA shall present evidence of 
violation of applicable legal requirements. The source owner or operator 
shall then present any rebuttal evidence.
    (b) In hearings under Sec. 66.42 the source owner or operator shall 
present evidence of entitlement to an exemption. EPA shall then present 
any rebuttal evidence.
    (c) In hearings under Secs. 66.54 and 66.73 EPA shall present 
evidence that its calculation or revisions of the source owner or 
operator's penalty calculations are correct. The source owner or 
operator shall then present any rebuttal evidence.
    (d) Each matter of controversy shall be determined by the Presiding 
Officer upon a preponderance of the evidence.
    (e) Any documentation submitted pursuant to Sec. 66.92(b) shall 
automatically be received into evidence in the hearing.



Sec. 66.95  Decisions of the Presiding Officer; Appeal to the Administrator.

    (a) The Presiding Officer shall dispose of the issues raised in the 
hearing in a single written decision. Such decision shall terminate the 
Presiding Officer's consideration of those issues.

[[Page 1206]]

    (b) Penalty calculations and payment schedules, if any, established 
by the decision of the Presiding Officer shall be based solely on the 
parameters, terms and conditions of the Technical Support Document, 
Manual, and Computer Program.
    (c) An appeal to the Environmental Appeals Board from a decision of 
the Presiding Officer shall be made by petition filed within twenty (20) 
days from receipt by a party of the Presiding Officer's decision. The 
Environmental Appeals Board shall rule on the appeal within 30 days of 
receipt of a petition. No appeal may be made before receipt of the 
decision of the Presiding Officer.

[45 FR 50110, July 20, 1980, as amended at 57 FR 5329, Feb. 13, 1992]

            Appendix A to Part 66--Technical Support Document

    Note: For text of appendix A see appendix A to part 67.

                Appendix B to Part 66--Instruction Manual

    Note: For text of appendix B see appendix B to part 67.

                 Appendix C to Part 66--Computer Program

    Note: For text of appendix C see appendix C to part 67.



PART 67--EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM--Table of Contents




                      Subpart A--Purpose and Scope

Sec.
67.1  Purpose and scope.

                  Subpart B--Approval of State Programs

67.11  Standards for approval of State programs.
67.12  Application for approval of programs.
67.13  Approval.
67.14  Amendments to the program.
67.15  Revocation.

  Subpart C--Federal Notice of Noncompliance to Sources in States With 
                            Approved Programs

67.21  Federal notice of noncompliance to owners or operators of sources 
          in States with approved programs.

           Subpart D--EPA Review of State Exemption Decisions

67.31  Review by the Administrator.
67.32  Procedure where no formal State hearing was held.
67.33  Procedure where formal State hearing was held.

           Subpart E--EPA Review of State Penalty Assessments

67.41  When EPA may review.
67.42  Procedure where no formal State hearing was held.
67.43  Procedure where a formal State hearing was held.


Appendix A to Part 67--Technical Support Document
Appendix B to Part 67--Instruction Manual
Appendix C to Part 67--Computer Program

    Authority: Sec. 120 of the Clean Air Act, as amended, 42 U.S.C. 
7420, unless otherwise noted.

    Source: 45 FR 50117, July 28, 1980, unless otherwise noted.



                      Subpart A--Purpose and Scope



Sec. 67.1  Purpose and scope.

    This part describes the standards and procedures under which EPA 
will approve State programs for administering the noncompliance penalty 
program under section 120 of the Clean Air Act and will evaluate actions 
taken by States with approved programs. Subpart A describes the purpose 
of the part. Subpart B states the conditions under which EPA will 
approve State programs to administer the noncompliance penalty 
provisions. Subparts C and D state when and how EPA will issue its own 
notices to owners or operators of sources in States with approved 
programs, and how it will review State decisions to grant or deny 
exemptions from the penalty. Finally, subpart E states how EPA will 
review State assessments of a penalty.

[[Page 1207]]



                  Subpart B--Approval of State Programs



Sec. 67.11  Standards for approval of State programs.

    (a) The Administrator shall approve any program submitted by a 
State, or by a local governmental agency where no program has been 
submitted by a State, for administering the noncompliance penalty 
provisions of section 120 of the Clean Air Act upon finding that the 
program conforms to the requirements of the Act and to those of this 
part and 40 CFR part 66. References to ``State program'' in this part 
shall be read as including local governmental agencies and their 
programs.
    (b) The Administrator shall not approve any State program that does 
not provide explicitly for:
    (1) Issuance of a notice of noncompliance, in a manner consistent 
with procedures under part 66, upon discovery by the State or upon 
notification by EPA of a violation of applicable legal requirements, 
which notice satisfies the informational requirements set forth in 
Sec. 66.13.
    (2) Levels of staffing and funding satisfactory, in the judgment of 
the Administrator, to implement and enforce the requirements of section 
120 in that State, together with adequate provision for maintaining such 
levels;
    (3) A capability to carry out the financial analysis and procedures 
specified in these regulations and the Technical Support Document, 
Instruction Manual, and related Computer Program, available from the 
Director of Stationary Source Compliance Division, EN-341, 401 M Street, 
NW., Washington, DC 20460, together with adequate provision for 
maintaining such capability. Such capability may be provided by trained 
State personnel or through qualified contractors;
    (4) Except as provided in paragraph (a)(6) of this section, an 
administrative hearing whenever the owner or operator of a source 
submits a petition for reconsideration of a notice of noncompliance on 
the ground that the source either is not in violation of applicable 
legal requirements, or is entitled to an exemption, or both, or submits 
a petition to challenge a recalculation of the penalty by the State, 
provided that such petitions raise issues of fact that would require a 
hearing under part 66. This hearing need not conform to the requirements 
of 5 U.S.C. 554 as long as its procedures provide for:
    (i) An initial decision by the hearing officer on the record;
    (ii) A hearing officer who has not performed investigative or 
litigating functions in any enforcement action against the source owner 
or operator in question;
    (iii) Opportunity for public participation on reasonable notice, 
including intervention, by interested persons;
    (iv) Opportunity for cross-examination or an equivalent opportunity 
for confrontation between persons advocating differing positions on 
material factual matters; and
    (v) An initial decision by the hearing officer within ninety days of 
commencement of the hearing unless such period is extended upon 
agreement of the parties.
    (5) Explicit provision for:
    (i) Notice to the Administrator of any determination granting an 
exemption, or finding a source in violation of applicable legal 
requirements, and any penalty calculation and payment schedule approved 
or calculated by the State, together with any information necessary to 
verify its accuracy;
    (ii) Within 30 days of receipt of a request from the Administrator, 
transmission of a copy of the record of the hearing held under paragraph 
(a)(4) or (6) of this section, including any proffered evidence and a 
ruling on its admissibility and the State's decision on the merits; and
    (iii) Additional reporting and recordkeeping, if necessary, adequate 
to enable the Administrator to review the State's administration of the 
program and determine whether it conforms to the Act and to part 66 of 
these regulations. Such requirements will be specified in the Notice of 
Delegation to the State.
    (6) A hearing on the question of whether the owner or operator of a 
source is entitled to an exemption pursuant to Sec. 66.32 or 66.33 may 
be informal. The hearing shall be scheduled upon notice to the public. 
Reasonable

[[Page 1208]]

opportunity to testify and for submission of questions to the petitioner 
by members of the public shall be afforded. A record of the hearing 
shall be made, and the decision of the hearing officer made in writing 
within a reasonable period of time after the close of the hearing.
    (c) The State may delegate all or part of its responsibilities under 
its program to a local governmental agency to implement the program 
within the jurisdiction of the local agency, Provided that the program 
of the local government agency meets the requirements of this section.
    (d) No State penalty program or program of one of its agents shall 
be disapproved because it is more stringent than the program established 
by part 66 or by section 120 where the State or local agent concludes 
that it has independent authority under State or local law to implement 
and administer the more stringent portions of the program.

[45 FR 50117, July 28, 1980, as amended at 54 FR 25259, June 14, 1989]



Sec. 67.12  Application for approval of program.

    A state that wishes to administer a section 120 program shall submit 
an application in writing to the Administrator describing its proposed 
program. All necessary supporting materials shall accompany the 
application.



Sec. 67.13  Approval.

    (a) The Administrator shall evaluate any application submitted under 
Sec. 67.12 and shall:
    (1) Approve the program and delegate authority to the State to 
administer the program if he determines that the requirements of 
Sec. 67.11 have been and will be met; or
    (2) Request additional information if he determines that the 
information submitted is not sufficient to allow him to determine 
whether the requirements of Sec. 67.11 have been and will be met; or
    (3) Disapprove the State program if he determines that the 
information submitted establishes that the requirements of Sec. 67.11 
have not been or will not be met.
    (b) The Administrator shall notify the State in writing of his 
action under paragraph (a) of this section and shall state the reasons 
for his action.
    (c) In all cases of delegation (whether or not express provision is 
made in the notice of delegation) the Administrator shall retain 
continuing authority to issue notices of noncompliance, review exemption 
requests or penalty calculations, or take any other steps set forth in 
part 66 to assess and collect these penalties. Such authority shall be 
exercised pursuant to the provisions of Sec. 67.21.
    (d) The Administrator shall retain exclusive authority to assess and 
collect penalties against source owners or operators of facilities in 
the State who were issued notices of noncompliance pursuant to part 66 
prior to the effective date of the delegation, except to the extent the 
Administrator specifically delegates such authority to the State.



Sec. 67.14  Amendments to the program.

    A State or local agent with a program approved pursuant to 
Sec. 67.13 may propose amendments to that program to the Administrator. 
The Administrator shall evaluate whether the State or local agent's 
program as amended would conform to the requirements of Sec. 67.11 and 
shall respond as provided in Sec. 67.13.



Sec. 67.15  Revocation.

    If the Administrator determines that a State with a program approved 
under Sec. 67.13 is not administering the program in conformity with the 
requirements of the Act or Sec. 67.11, or the delegation of authority, 
he shall provide the State written notice of that determination, setting 
forth his reasons. Copies of all supporting materials shall accompany 
the notice if requested, or shall be placed on file in the appropriate 
Regional Office and made available for inspection during normal business 
hours. The State shall have 90 days in which to respond in writing to 
this determination. If the Administrator finds after reviewing the State 
response that (a) the State is in fact administering the program in 
conformity with Sec. 67.11, or (b) there are reasonable grounds to

[[Page 1209]]

believe the State program will immediately be brought into conformity 
with that section, he shall withdraw his determination. If he finds that 
neither of these conditions has been met, he shall withdraw the 
delegation of authority to the State.



  Subpart C--Federal Notice of Noncompliance to Sources in States With 
                            Approved Programs



Sec. 67.21  Federal notice of noncompliance to owners or operators of sources in States with approved programs.

    (a) The Administrator shall issue a notice of noncompliance to the 
owner or operator of any source in a State with an approved program if 
he determines that the State or its local agent has failed to issue such 
notice, provided that he shall first give 30 days notice to the State of 
his intent to issue a notice of noncompliance to the owner or operator 
of the source in question unless the State or its agent does so first. 
Any notice issued by the Administrator pursuant to this section shall be 
deemed to be issued pursuant to the provisions of part 66.
    (b) The issuance of a notice of noncompliance shall operate to 
withdraw EPA delegation of authority to the State with respect to the 
particular facility in question.
    (c) If the Administrator determines that the State or local agent 
has issued a notice of noncompliance but has failed to pursue diligently 
subsequent steps for the assessment and collection of the penalty, he 
shall notify the State of his intent to withdraw delegation of authority 
to the State with respect to the facility in question and take 
appropriate actions pursuant to part 66 unless the State or local agent, 
within 30 days, takes appropriate action in accordance with the 
requirements of this part. In either case the penalty will be calculated 
from the date of the State notice.



    Subpart D--EPA Review of State Compliance or Exemption Decisions



Sec. 67.31  Review by the Administrator.

    (a) The Administrator may, on his own initiative, review any 
determination by a State or its agent that a source owner or operator is 
or is not in compliance with applicable legal requirements or is or is 
not entitled to an exemption, to determine whether that determination 
conforms to the requirements of the Act and part 66 (as modified by 
Sec. 67.11).
    (b) The Administrator shall review any such determination upon 
receipt of a petition alleging that the State's determination does not 
conform to the requirements of the Act and part 66 (as modified by 
Sec. 67.11). Such petition must be filed within 20 days of issuance of 
the State's decision.
    (c) The Administrator shall give notice in writing to the State or 
local agent, to the owner or operator of the source, and to the 
petitioner of his intent to review the determination. Such notice shall 
be given within 90 days of the Administrator's receipt of the State or 
local agent's determination. Unless otherwise provided, such notice 
shall not withdraw EPA's delegation of authority to the State or local 
agent over the particular facility in question.
    (d) No such State determination shall become final until the 
expiration of 90 days after the Administrator's receipt of the notice 
required by Sec. 67.11(b)(5).
    (1) If the Administrator does not issue a notice of intent to review 
within that period, the State determination shall, upon expiration of 
such period, constitute final action of the Administrator under section 
120 of the Act.
    (2) If the Administrator issues a notice of intent to review within 
that period, the State determination shall not become final until the 
Administrator takes final action after reviewing the determination.
    (e) Except as otherwise provided, a State determination shall be 
approved if there was a reasonable basis in law

[[Page 1210]]

and in fact for making the determination.



Sec. 67.32  Procedure where no formal State hearing was held.

    (a) In reviewing a decision that a source is in compliance with 
applicable legal requirements or entitled to an exemption for which no 
hearing conforming to Sec. 67.11(b) (4) or (6) was held, the 
Administrator shall evaluate the accuracy and adequacy of the documents 
transmitted to him pursuant to Sec. 67.11(b)(5) and shall invite 
submission of comments on issues identified by him as relevant to his 
review.
    (b) If the Administrator concludes that no hearing need have been 
held and that the State determination was correct, he shall notify the 
State, the source owner or operator, and other participants of his 
determination, which shall constitute final agency action by EPA under 
authority of section 120. If the Administrator concludes that the 
petition of the source owner or operator presented information which, if 
true, would have altered the owner or operator's liability for a 
penalty, he shall upon notice to the State or local agent schedule a 
hearing in accordance with subpart E of part 66. Such notice shall 
operate as a withdrawal of EPA's delegation of authority to the State or 
local agent over the facility in question unless the State or local 
agent schedules a hearing within 15 days of receipt of the notice.
    (c) If the Administrator concludes that the State determination did 
not conform to the requirements of the Act or of part 66 (as modified by 
Sec. 67.11), he shall by written notice revoke the determination. Such 
revocation shall operate as a withdrawal of EPA's delegation of 
authority to the State or local agent over the facility in question. The 
source owner or operator may then petition for review of the 
Administrator's decision pursuant to the provisions of Sec. 66.13.
    (d) Unless otherwise provided in the Administrator's notice to the 
State or local agent, any noncompliance penalties owed by the source 
owner or operator shall be paid to the State or local agent. The 
Administrator shall send a copy of this notice to the source owner or 
operator.



Sec. 67.33  Procedure where a formal State hearing was held.

    (a) In reviewing a decision that a source is in compliance with 
applicable legal requirements or is entitled to an exemption for which a 
hearing conforming to Sec. 67.11(b) (4) or (6) was held, the 
Administrator may invite comment on issues identified by him as relevant 
to his review and shall propose or make findings as to the correctness 
of the determination and the accuracy and adequacy of the material 
transmitted pursuant to Sec. 67.11(b)(5).
    (b) The Administrator shall notify all participants in the State 
hearing of his findings and conclusions. If the Administrator concludes 
that the State determination conformed to the requirements of the Act 
and of part 66 (as modified by Sec. 66.11), the Administrator's 
determination shall constitute final administrative action by EPA under 
authority of Section 120. If the Administrator finds that the State 
determination did not conform to the requirements of the Act and of part 
66 (as modified by Sec. 67.11), the findings shall constitute proposed 
findings and the notice shall invite participants to file exceptions 
thereto. If the Administrator considers it desirable, he may schedule a 
time for argument.
    (c) Within 60 days of receipt of any briefs or exceptions or after 
oral argument pursuant to paragraph (b), the Administrator shall affirm, 
modify, or revoke his proposed findings that the State's determination 
did not conform to the requirements of the Act or of part 66 (as 
modified by Sec. 67.11). The decision shall be in writing. Notice and a 
copy of the decision shall be provided to the source owner or operator 
and to all other participants in the State hearing. The decision shall 
constitute a final administrative action by EPA under authority of 
section 120.
    (d) If the Administrator finds that deficiencies in the hearing 
record prevent him from determining whether the determination of the 
State or local agent conformed to the requirements of the Act and part 
66 (as modified by Sec. 67.11), he shall notify the State or local agent 
of his finding and specify what deficiencies exist and schedule a 
hearing pursuant to subpart E of part

[[Page 1211]]

66. Such notice shall operate as a withdrawal of EPA's delegation of 
authority to the State or local agent over the facility in question 
unless the State or local agent schedules a supplemental hearing to 
correct the deficiencies within 15 days of receipt of the notice.
    (e) If the Administrator concludes that the source is in violation 
of applicable legal requirements or is not entitled to an exemption, or 
both, and unless otherwise ordered in the decision, the source owner or 
operator shall submit a penalty calculation to the State within 45 days 
of receipt of the notice of determination.



           Subpart E--EPA Review of State Penalty Assessments



Sec. 67.41  When EPA may review.

    (a) The Administrator may on his own initiative or on petition 
review any initial, interim, or final penalty calculation made or 
approved by the State or local agent to determine whether it conforms to 
the requirements of the Act, of part 66, of the Technical Support 
Document and the Instruction Manual. The Administrator shall notify the 
State or local agent in writing of his intention to review the 
calculation within 60 days of receipt by EPA of the calculation or any 
item considered by the State in making or approving such calculation, 
whichever occurs later.
    (b) No such State determination shall become final until the 
expiration of 90 days after the Administrator's receipt of the notice 
required by Sec. 67.11(b)(5).
    (1) If the Administrator does not issue a notice of intent to review 
within that period, the State determination shall, upon expiration of 
such period, constitute final action of the Administrator under section 
120 of the Act.
    (2) If the Administrator issues a notice of intent to review within 
that period, the State determination shall not become final until the 
Administrator takes final action after reviewing the determination.
    (c) Except as otherwise provided, a State determination shall be 
approved if there was a reasonable basis in law and in fact for making 
the determination.



Sec. 67.42  Procedure where no formal State hearing was held.

    (a) In reviewing a penalty calculation for which no hearing 
conforming to the requirements of Sec. 67.11(b)(4) was held, the 
Administrator shall evaluate the accuracy and adequacy of the data 
contained in the documents transmitted to him pursuant to 
Sec. 67.11(b)(5) and shall invite comments on issues identified by him 
as relevant to his review.
    (b) If the Administrator concludes that no hearing need have been 
held and that the State determination was correct, he shall notify the 
State, the source owner or operator, and other participants of his 
determination, which shall constitute final agency action by EPA under 
authority of section 120. If the Administrator concludes that the 
petition of the source owner or operator for reconsideration of a 
recalculation presented information which, if true, would have altered 
the amount of the penalty calculated, he shall upon notice to the State 
schedule a hearing in accordance with subpart F of part 66. Such notice 
shall operate as a withdrawal of EPA's delegation of authority to the 
State or local agent over the facility in question unless the State or 
local agent schedules a hearing within 15 days of receipt of the notice.
    (c) If the Administrator concludes that the determination of the 
State or local agent not to hold a hearing was proper but that the 
penalty calculation does not conform to the requirements of the Act or 
of part 66, he shall by written notice revoke the determination and 
issue a notice of recalculation to the source owner or operator pursuant 
to Sec. 66.51. A copy of the notice of recalculation shall be provided 
to the State or local agent. The notice of recalculation shall 
constitute final administrative action by EPA under authority of section 
120 unless the source owner or operator petitions for reconsideration 
under Sec. 66.52, in which case it shall operate as a withdrawal by EPA 
of its delegation of authority to the State or local agent over the 
facility in question.
    (d) Unless otherwise provided in the Administrator's notice, 
noncompliance penalties finally determined to be owed

[[Page 1212]]

shall be paid to the State or local agent.



Sec. 67.43  Procedure where a formal State hearing was held.

    (a) In reviewing a penalty calculation for which a hearing 
conforming to Sec. 67.11(b)(4) was held, the Administrator may invite 
comment on issues identified by him as relevant to his review and shall 
propose or make findings as to the correctness of the determination and 
shall evaluate the accuracy and adequacy of the material transmitted 
pursuant to Sec. 67.11(b)(5).
    (b) The Administrator shall notify all participants in the State 
hearing of his findings and conclusions. If the Administrator finds that 
the State determination conformed to the requirements of the Act, part 
66 (as modified by Sec. 67.11), the Technical Support Document, and the 
Instruction Manual, his determination shall constitute a final action 
pursuant to section 120. If the Administrator finds that the State 
determination did not conform to the requirements of the Act or of part 
66 (as modified by Sec. 67.11) or to the Technical Support Document or 
Instruction Manual, the findings shall constitute proposed findings, and 
the notice shall invite participants to file exceptions to his proposed 
findings and, if necessary, schedule a time for argument.
    (c) Within 60 days of receipt of any briefs or exceptions or after 
oral argument, the Administrator shall affirm, modify, or revoke his 
proposed findings that the State or local agent's determination did not 
conform to the requirements of the Act or of part 66 (as modified by 
Sec. 67.11) or the Technical Support Document or Instruction Manual. The 
decision shall be in writing. Notice and a copy of the decision, which 
shall constitute final administrative action by EPA pursuant to section 
120, shall be provided to the source owner or operator and to all other 
participants in the State hearing.
    (d) If the Administrator finds that deficiencies in the State or 
local agent's hearing record prevent him from determining whether the 
State or local agent's determination conformed to the requirements of 
the Act and part 66 (as modified by Sec. 67.11) or the Technical Support 
Document or Instruction Manual, he shall notify the State or local agent 
of his decision and specify what dificiencies exist and schedule a 
hearing in accordance with subpart F of part 66. Such notice shall 
operate to withdraw EPA's delegation of authority to the State or local 
agent over the facility in question unless the State or local agent 
within 15 days schedules a supplemental hearing to correct the 
deficiencies.
    (e) Unless otherwise provided in the Administrator's notice to the 
State or local agent, any noncompliance penalties owed by the source 
owner or operator shall be paid to the State or local agent.

            Appendix A to Part 67--Technical Support Document

    Note: EPA will make copies of appendix A available from: Director, 
Stationary Source Compliance Division, EN-341, 401 M Street, SW., 
Washington, DC 20460.

[54 FR 25259, June 20, 1989]

                Appendix B to Part 67--Instruction Manual

    Note: EPA will make copies of appendix B available from: Director, 
Stationary Source Compliance Division, EN-341, 401 M Street, SW., 
Washington, DC 20460.

[54 FR 25259, June 20, 1989]

                 Appendix C to Part 67--Computer Program

    Note: EPA will make copies of appendix C available from: Director, 
Stationary Source Compliance Division, EN-341, 401 M Street, SW., 
Washington, DC 20460.

[54 FR 25259, June 20, 1989]



PART 68--CHEMICAL ACCIDENT PREVENTION PROVISIONS--Table of Contents




                           Subpart A--General

Sec.
68.1  Scope.
68.2  Stayed provisions.
68.3  Definitions.
68.10  Applicability.
68.12  General requirements.
68.15  Management.

                      Subpart B--Hazard Assessment

68.20  Applicability.
68.22  Offsite consequence analysis parameters.
68.25  Worst-case release scenario analysis.

[[Page 1213]]

68.28  Alternative release scenario analysis.
68.30  Defining offsite impacts population.
68.33  Defining offsite impacts environment.
68.36  Review and update.
68.39  Documentation.
68.42  Five-year accident history.

                 Subpart C--Program 2 Prevention Program

68.48 Safety information.
68.50 Hazard review.
68.52 Operating procedures.
68.54 Training.
68.56 Maintenance.
68.58 Compliance audits.
68.60 Incident investigation.

                 Subpart D--Program 3 Prevention Program

68.65  Process safety information.
68.67  Process hazard analysis.
68.69  Operating procedures.
68.71  Training.
68.73  Mechanical integrity.
68.75  Management of change.
68.77  Pre-startup review.
68.79  Compliance audits.
68.81  Incident investigation.
68.83  Employee participation.
68.85  Hot work permit.
68.87  Contractors.

                      Subpart E--Emergency Response

68.90  Applicability.
68.95  Emergency response program.

    Subpart F--Regulated Substances for Accidental Release Prevention

68.100  Purpose.
68.115  Threshold determination.
68.120  Petition process.
68.125  Exemptions.
68.130  List of substances.

                     Subpart G--Risk Management Plan

68.150  Submission.
68.155  Executive summary.
68.160  Registration.
68.165  Offsite consequence analysis.
68.168  Five-year accident history.
68.170  Prevention program/Program 2.
68.175  Prevention program/Program 3.
68.180  Emergency response program.
68.185  Certification.
68.190  Updates.

                      Subpart H--Other Requirements

68.200  Recordkeeping.
68.210  Availability of information to the public.
68.215  Permit content and air permitting authority or designated agency 
          requirements.
68.220  Audits.
Appendix A to Part 68--Table of Toxic Endpoints

    Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

    Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.



                           Subpart A--General



Sec. 68.1  Scope.

    This part sets forth the list of regulated substances and 
thresholds, the petition process for adding or deleting substances to 
the list of regulated substances, the requirements for owners or 
operators of stationary sources concerning the prevention of accidental 
releases, and the State accidental release prevention programs approved 
under section 112(r). The list of substances, threshold quantities, and 
accident prevention regulations promulgated under this part do not limit 
in any way the general duty provisions under section 112(r)(1).



Sec. 68.2  Stayed provisions.

    (a) Notwithstanding any other provision of this part, the 
effectiveness of the following provisions is stayed from March 2, 1994 
to December 22, 1997.
    (1) In Sec. 68.3, the definition of ``stationary source,'' to the 
extent that such definition includes naturally occurring hydrocarbon 
reservoirs or transportation subject to oversight or regulation under a 
state natural gas or hazardous liquid program for which the state has in 
effect a certification to DOT under 49 U.S.C. 60105;
    (2) Section 68.115(b)(2) of this part, to the extent that such 
provision requires an owner or operator to treat as a regulated 
flammable substance:
    (i) Gasoline, when in distribution or related storage for use as 
fuel for internal combustion engines;
    (ii) Naturally occurring hydrocarbon mixtures prior to entry into a 
petroleum refining process unit or a natural gas processing plant. 
Naturally occurring hydrocarbon mixtures include any of the following: 
condensate, crude oil, field gas, and produced water, each as defined in 
paragraph (b) of this section;
    (iii) Other mixtures that contain a regulated flammable substance 
and

[[Page 1216]]

that do not have a National Fire Protection Association flammability 
hazard rating of 4, the definition of which is in the NFPA 704, Standard 
System for the Identification of the Fire Hazards of Materials, National 
Fire Protection Association, Quincy, MA, 1990, available from the 
National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 
02269-9101; and
    (3) Section 68.130(a).
    (b) From March 2, 1994 to December 22, 1997, the following 
definitions shall apply to the stayed provisions described in paragraph 
(a) of this section:
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses because of changes in temperature, pressure, or both, and 
remains liquid at standard conditions.
    Crude oil means any naturally occurring, unrefined petroleum liquid.
    Field gas means gas extracted from a production well before the gas 
enters a natural gas processing plant.
    Natural gas processing plant means any processing site engaged in 
the extraction of natural gas liquids from field gas, fractionation of 
natural gas liquids to natural gas products, or both. A separator, 
dehydration unit, heater treater, sweetening unit, compressor, or 
similar equipment shall not be considered a ``processing site'' unless 
such equipment is physically located within a natural gas processing 
plant (gas plant) site.
    Petroleum refining process unit means a process unit used in an 
establishment primarily engaged in petroleum refining as defined in the 
Standard Industrial Classification code for petroleum refining (2911) 
and used for the following: Producing transportation fuels (such as 
gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, 
fuel gas distillate, and fuel oils), or lubricants; separating 
petroleum; or separating, cracking, reacting, or reforming intermediate 
petroleum streams. Examples of such units include, but are not limited 
to, petroleum based solvent units, alkylation units, catalytic 
hydrotreating, catalytic hydrorefining, catalytic hydrocracking, 
catalytic reforming, catalytic cracking, crude distillation, lube oil 
processing, hydrogen production, isomerization, polymerization, thermal 
processes, and blending, sweetening, and treating processes. Petroleum 
refining process units include sulfur plants.
    Produced water means water extracted from the earth from an oil or 
natural gas production well, or that is separated from oil or natural 
gas after extraction.

[59 FR 4493, Jan. 31, 1994, as amended at 61 FR 31731, June 20, 1996]



Sec. 68.3  Definitions.

    For the purposes of this part:
    Accidental release means an unanticipated emission of a regulated 
substance or other extremely hazardous substance into the ambient air 
from a stationary source.
    Act means the Clean Air Act as amended (42 U.S.C. 7401 et seq.)
    Administrative controls mean written procedural mechanisms used for 
hazard control.
    Administrator means the administrator of the U.S. Environmental 
Protection Agency.
    AIChE/CCPS means the American Institute of Chemical Engineers/Center 
for Chemical Process Safety.
    API means the American Petroleum Institute.
    Article means a manufactured item, as defined under 29 CFR 
1910.1200(b), that is formed to a specific shape or design during 
manufacture, that has end use functions dependent in whole or in part 
upon the shape or design during end use, and that does not release or 
otherwise result in exposure to a regulated substance under normal 
conditions of processing and use.
    ASME means the American Society of Mechanical Engineers.
    CAS means the Chemical Abstracts Service.
    Catastrophic release means a major uncontrolled emission, fire, or 
explosion, involving one or more regulated substances that presents 
imminent and substantial endangerment to public health and the 
environment.
    Classified information means ``classified information'' as defined 
in the Classified Information Procedures Act, 18 U.S.C. App. 3, section 
1(a) as ``any information or material that has been determined by the 
United States Government pursuant to an executive order, statute, or 
regulation, to require

[[Page 1215]]

protection against unauthorized disclosure for reasons of national 
security.''
    Covered process means a process that has a regulated substance 
present in more than a threshold quantity as determined under 
Sec. 68.115.
    Designated agency means the state, local, or Federal agency 
designated by the state under the provisions of Sec. 68.215(d) .
    DOT means the United States Department of Transportation.
    Environmental receptor means natural areas such as national or state 
parks, forests, or monuments; officially designated wildlife 
sanctuaries, preserves, refuges, or areas; and Federal wilderness areas, 
that could be exposed at any time to toxic concentrations, radiant heat, 
or overpressure greater than or equal to the endpoints provided in 
Sec. 68.22(a) , as a result of an accidental release and that can be 
identified on local U. S. Geological Survey maps.
    Hot work means work involving electric or gas welding, cutting, 
brazing, or similar flame or spark-producing operations.
    Implementing agency means the state or local agency that obtains 
delegation for an accidental release prevention program under subpart E, 
40 CFR part 63. The implementing agency may, but is not required to, be 
the state or local air permitting agency. If no state or local agency is 
granted delegation, EPA will be the implementing agency for that state.
    Injury means any effect on a human that results either from direct 
exposure to toxic concentrations; radiant heat; or overpressures from 
accidental releases or from the direct consequences of a vapor cloud 
explosion (such as flying glass, debris, and other projectiles) from an 
accidental release and that requires medical treatment or 
hospitalization.
    Major change means introduction of a new process, process equipment, 
or regulated substance, an alteration of process chemistry that results 
in any change to safe operating limits, or other alteration that 
introduces a new hazard.
    Mechanical integrity means the process of ensuring that process 
equipment is fabricated from the proper materials of construction and is 
properly installed, maintained, and replaced to prevent failures and 
accidental releases.
    Medical treatment means treatment, other than first aid, 
administered by a physician or registered professional personnel under 
standing orders from a physician.
    Mitigation or mitigation system means specific activities, 
technologies, or equipment designed or deployed to capture or control 
substances upon loss of containment to minimize exposure of the public 
or the environment. Passive mitigation means equipment, devices, or 
technologies that function without human, mechanical, or other energy 
input. Active mitigation means equipment, devices, or technologies that 
need human, mechanical, or other energy input to function.
    NFPA means the National Fire Protection Association.
    Offsite means areas beyond the property boundary of the stationary 
source, and areas within the property boundary to which the public has 
routine and unrestricted access during or outside business hours.
    OSHA means the U.S. Occupational Safety and Health Administration. 
Owner or operator means any person who owns, leases, operates, controls, 
or supervises a stationary source.
    Population means the public.
    Process means any activity involving a regulated substance including 
any use, storage, manufacturing, handling, or on-site movement of such 
substances, or combination of these activities. For the purposes of this 
definition, any group of vessels that are interconnected, or separate 
vessels that are located such that a regulated substance could be 
involved in a potential release, shall be considered a single process.
    Public means any person except employees or contractors at the 
stationary source.
    Public receptor means offsite residences, institutions (e.g., 
schools, hospitals), industrial, commercial, and office buildings, 
parks, or recreational areas inhabited or occupied by the public at any 
time without restriction by the stationary source where members of the 
public could be exposed to toxic

[[Page 1216]]

concentrations, radiant heat, or overpressure, as a result of an 
accidental release.
    Regulated substance is any substance listed pursuant to section 
112(r)(3) of the Clean Air Act as amended, in Sec. 68.130.
    Replacement in kind means a replacement that satisfies the design 
specifications.
    RMP means the risk management plan required under subpart G of this 
part.
    SIC means Standard Industrial Classification.
    Stationary source means any buildings, structures, equipment, 
installations, or substance emitting stationary activities which belong 
to the same industrial group, which are located on one or more 
contiguous properties, which are under the control of the same person 
(or persons under common control), and from which an accidental release 
may occur. A stationary source includes transportation containers that 
are no longer under active shipping papers and transportation containers 
that are connected to equipment at the stationary source for the 
purposes of temporary storage, loading, or unloading. The term 
stationary source does not apply to transportation, including the 
storage incident to transportation, of any regulated substance or any 
other extremely hazardous substance under the provisions of this part, 
provided that such transportation is regulated under 49 CFR parts 192, 
193, or 195. Properties shall not be considered contiguous solely 
because of a railroad or gas pipeline right-of-way.
    Threshold quantity means the quantity specified for regulated 
substances pursuant to section 112(r)(5) of the Clean Air Act as 
amended, listed in Sec. 68.130 and determined to be present at a 
stationary source as specified in Sec. 68.115 of this part.
    Typical meteorological conditions means the temperature, wind speed, 
cloud cover, and atmospheric stability class, prevailing at the site 
based on data gathered at or near the site or from a local 
meteorological station.
    Vessel means any reactor, tank, drum, barrel, cylinder, vat, kettle, 
boiler, pipe, hose, or other container.
    Worst-case release means the release of the largest quantity of a 
regulated substance from a vessel or process line failure that results 
in the greatest distance to an endpoint defined in Sec. 68.22(a).

[59 FR 4493, Jan. 31, 1994, as amended at 61 FR 31717, June 20, 1996]

    Effective Date Note: At 61 FR 31717, June 20, 1996, Sec. 68.3 was 
amended by adding the definitions for Act, Administrative controls, 
AIChE/CCPS, API, ASME, Catastrophic release, Classified information, 
Covered process, Designated agency, Environmental receptor, Hot work, 
Implementing agency, Injury, Major change, Mechanical integrity, Medical 
treatment, Mitigation or mitigation system, NFPA, Offsite, OSHA, 
Population, Public, Public receptor, Replacement in kind, RMP, SIC, 
Typical meterological conditions, and Worst-case release, effective Aug. 
19, 1996.



Sec. 68.10  Applicability.

    (a) An owner or operator of a stationary source that has more than a 
threshold quantity of a regulated substance in a process, as determined 
under Sec. 68.115, shall comply with the requirements of this part no 
later than the latest of the following dates:
    (1) June 21, 1999;
    (2) Three years after the date on which a regulated substance is 
first listed under Sec. 68.130; or
    (3) The date on which a regulated substance is first present above a 
threshold quantity in a process.
    (b) Program 1 eligibility requirements. A covered process is 
eligible for Program 1 requirements as provided in Sec. 68.12(b) if it 
meets all of the following requirements:
    (1) For the five years prior to the submission of an RMP, the 
process has not had an accidental release of a regulated substance where 
exposure to the substance, its reaction products, overpressure generated 
by an explosion involving the substance, or radiant heat generated by a 
fire involving the substance led to any of the following offsite:
    (i) Death;
    (ii) Injury; or
    (iii) Response or restoration activities for an exposure of an 
environmental receptor;
    (2) The distance to a toxic or flammable endpoint for a worst-case 
release assessment conducted under Subpart B

[[Page 1217]]

and Sec. 68.25 is less than the distance to any public receptor, as 
defined in Sec. 68.30; and
    (3) Emergency response procedures have been coordinated between the 
stationary source and local emergency planning and response 
organizations.
    (c) Program 2 eligibility requirements. A covered process is subject 
to Program 2 requirements if it does not meet the eligibility 
requirements of either paragraph (b) or paragraph (d) of this section.
    (d) Program 3 eligibility requirements. A covered process is subject 
to Program 3 if the process does not meet the requirements of paragraph 
(b) of this section, and if either of the following conditions is met:
    (1) The process is in SIC code 2611, 2812, 2819, 2821, 2865, 2869, 
2873, 2879, or 2911; or
    (2) The process is subject to the OSHA process safety management 
standard, 29 CFR 1910.119.
    (e) If at any time a covered process no longer meets the eligibility 
criteria of its Program level, the owner or operator shall comply with 
the requirements of the new Program level that applies to the process 
and update the RMP as provided in Sec. 68.190.

[61 FR 31717, June 20, 1996]

    Effective Date Note: At 61 FR 31717, June 20, 1996, Sec. 68.10 was 
added, effective Aug. 19, 1996.



Sec. 68.12  General requirements.

    (a) General requirements. The owner or operator of a stationary 
source subject to this part shall submit a single RMP, as provided in 
Secs. 68.150 to 68.185. The RMP shall include a registration that 
reflects all covered processes.
    (b) Program 1 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process eligible for Program 1, as provided in 
Sec. 68.10(b), shall:
    (1) Analyze the worst-case release scenario for the process(es), as 
provided in Sec. 68.25; document that the nearest public receptor is 
beyond the distance to a toxic or flammable endpoint defined in 
Sec. 68.22(a); and submit in the RMP the worst-case release scenario as 
provided in Sec. 68.165;
    (2) Complete the five-year accident history for the process as 
provided in Sec. 68.42 of this part and submit it in the RMP as provided 
in Sec. 68.168;
    (3) Ensure that response actions have been coordinated with local 
emergency planning and response agencies; and
    (4) Certify in the RMP the following: ``Based on the criteria in 40 
CFR 68.10, the distance to the specified endpoint for the worst-case 
accidental release scenario for the following process(es) is less than 
the distance to the nearest public receptor: [list process(es)]. Within 
the past five years, the process(es) has (have) had no accidental 
release that caused offsite impacts provided in the risk management 
program rule (40 CFR 68.10(b)(1)). No additional measures are necessary 
to prevent offsite impacts from accidental releases. In the event of 
fire, explosion, or a release of a regulated substance from the 
process(es), entry within the distance to the specified endpoints may 
pose a danger to public emergency responders. Therefore, public 
emergency responders should not enter this area except as arranged with 
the emergency contact indicated in the RMP. The undersigned certifies 
that, to the best of my knowledge, information, and belief, formed after 
reasonable inquiry, the information submitted is true, accurate, and 
complete. [Signature, title, date signed].''
    (c) Program 2 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process subject to Program 2, as provided in 
Sec. 68.10(c), shall:
    (1) Develop and implement a management system as provided in 
Sec. 68.15;
    (2) Conduct a hazard assessment as provided in Secs. 68.20 through 
68.42;
    (3) Implement the Program 2 prevention steps provided in Secs. 68.48 
through 68.60 or implement the Program 3 prevention steps provided in 
Secs. 68.65 through 68.87;
    (4) Develop and implement an emergency response program as provided 
in Secs. 68.90 to 68.95; and
    (5) Submit as part of the RMP the data on prevention program 
elements for Program 2 processes as provided in Sec. 68.170.

[[Page 1218]]

    (d) Program 3 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process subject to Program 3, as provided in Sec. 68.10(d) 
shall:
    (1) Develop and implement a management system as provided in 
Sec. 68.15;
    (2) Conduct a hazard assessment as provided in Secs. 68.20 through 
68.42;
    (3) Implement the prevention requirements of Secs. 68.65 through 
68.87;
    (4) Develop and implement an emergency response program as provided 
in Secs. 68.90 to 68.95 of this part; and
    (5) Submit as part of the RMP the data on prevention program 
elements for Program 3 processes as provided in Sec. 68.175.

[61 FR 31718, June 20, 1996]

    Effective Date Note: At 61 FR 31718, June 20, 1996, Sec. 68.12 was 
added, effective Aug. 19, 1996.



Sec. 68.15  Management.

    (a) The owner or operator of a stationary source with processes 
subject to Program 2 or Program 3 shall develop a management system to 
oversee the implementation of the risk management program elements.
    (b) The owner or operator shall assign a qualified person or 
position that has the overall responsibility for the development, 
implementation, and integration of the risk management program elements.
    (c) When responsibility for implementing individual requirements of 
this part is assigned to persons other than the person identified under 
paragraph (b) of this section, the names or positions of these people 
shall be documented and the lines of authority defined through an 
organization chart or similar document.

[61 FR 31718, June 20, 1996]

    Effective Date Note: At 61 FR 31718, June 20, 1996, Sec. 68.15 was 
added, effective Aug. 19, 1996.



                      Subpart B--Hazard Assessment

    Source: 61 FR 31718, June 20, 1996, unless otherwise noted.

    Effective Date Note: At 61 FR 31718, June 20, 1996, subpart B was 
added, effective Aug. 19, 1996.



Sec. 68.20  Applicability.

    The owner or operator of a stationary source subject to this part 
shall prepare a worst-case release scenario analysis as provided in 
Sec. 68.25 of this part and complete the five-year accident history as 
provided in Sec. 68.42. The owner or operator of a Program 2 and 3 
process must comply with all sections in this subpart for these 
processes.



Sec. 68.22  Offsite consequence analysis parameters.

    (a) Endpoints. For analyses of offsite consequences, the following 
endpoints shall be used:
    (1) Toxics. The toxic endpoints provided in appendix A of this part.
    (2) Flammables. The endpoints for flammables vary according to the 
scenarios studied:
    (i) Explosion. An overpressure of 1 psi.
    (ii) Radiant heat/exposure time. A radiant heat of 5 kw/m2 for 
40 seconds.
    (iii) Lower flammability limit. A lower flammability limit as 
provided in NFPA documents or other generally recognized sources.
    (b) Wind speed/atmospheric stability class. For the worst-case 
release analysis, the owner or operator shall use a wind speed of 1.5 
meters per second and F atmospheric stability class. If the owner or 
operator can demonstrate that local meteorological data applicable to 
the stationary source show a higher minimum wind speed or less stable 
atmosphere at all times during the previous three years, these minimums 
may be used. For analysis of alternative scenarios, the owner or 
operator may use the typical meteorological conditions for the 
stationary source.
    (c) Ambient temperature/humidity. For worst-case release analysis of 
a regulated toxic substance, the owner or operator shall use the highest 
daily maximum temperature in the previous three years and average 
humidity for the site, based on temperature/humidity data gathered at 
the stationary source or at a local meteorological station; an owner or 
operator using the RMP Offsite Consequence Analysis Guidance may use 
25 deg.C and 50 percent humidity as values for these variables. For 
analysis of alternative scenarios, the owner or operator may use typical

[[Page 1219]]

temperature/humidity data gathered at the stationary source or at a 
local meteorological station.
    (d) Height of release. The worst-case release of a regulated toxic 
substance shall be analyzed assuming a ground level (0 feet) release. 
For an alternative scenario analysis of a regulated toxic substance, 
release height may be determined by the release scenario.
    (e) Surface roughness. The owner or operator shall use either urban 
or rural topography, as appropriate. Urban means that there are many 
obstacles in the immediate area; obstacles include buildings or trees. 
Rural means there are no buildings in the immediate area and the terrain 
is generally flat and unobstructed.
    (f) Dense or neutrally buoyant gases. The owner or operator shall 
ensure that tables or models used for dispersion analysis of regulated 
toxic substances appropriately account for gas density.
    (g) Temperature of released substance. For worst case, liquids other 
than gases liquified by refrigeration only shall be considered to be 
released at the highest daily maximum temperature, based on data for the 
previous three years appropriate for the stationary source, or at 
process temperature, whichever is higher. For alternative scenarios, 
substances may be considered to be released at a process or ambient 
temperature that is appropriate for the scenario.



Sec. 68.25  Worst-case release scenario analysis.

    (a) The owner or operator shall analyze and report in the RMP:
    (1) For Program 1 processes, one worst-case release scenario for 
each Program 1 process;
    (2) For Program 2 and 3 processes:
    (i) One worst-case release scenario that is estimated to create the 
greatest distance in any direction to an endpoint provided in appendix A 
of this part resulting from an accidental release of regulated toxic 
substances from covered processes under worst-case conditions defined in 
Sec. 68.22;
    (ii) One worst-case release scenario that is estimated to create the 
greatest distance in any direction to an endpoint defined in 
Sec. 68.22(a) resulting from an accidental release of regulated 
flammable substances from covered processes under worst-case conditions 
defined in Sec. 68.22; and
    (iii) Additional worst-case release scenarios for a hazard class if 
a worst-case release from another covered process at the stationary 
source potentially affects public receptors different from those 
potentially affected by the worst-case release scenario developed under 
paragraphs (a)(2)(i) or (a)(2)(ii) of this section.
    (b) Determination of worst-case release quantity. The worst-case 
release quantity shall be the greater of the following:
    (1) For substances in a vessel, the greatest amount held in a single 
vessel, taking into account administrative controls that limit the 
maximum quantity; or
    (2) For substances in pipes, the greatest amount in a pipe, taking 
into account administrative controls that limit the maximum quantity.
    (c) Worst-case release scenario--toxic gases. (1) For regulated 
toxic substances that are normally gases at ambient temperature and 
handled as a gas or as a liquid under pressure, the owner or operator 
shall assume that the quantity in the vessel or pipe, as determined 
under paragraph (b) of this section, is released as a gas over 10 
minutes. The release rate shall be assumed to be the total quantity 
divided by 10 unless passive mitigation systems are in place.
    (2) For gases handled as refrigerated liquids at ambient pressure:
    (i) If the released substance is not contained by passive mitigation 
systems or if the contained pool would have a depth of 1 cm or less, the 
owner or operator shall assume that the substance is released as a gas 
in 10 minutes;
    (ii) If the released substance is contained by passive mitigation 
systems in a pool with a depth greater than 1 cm, the owner or operator 
may assume that the quantity in the vessel or pipe, as determined under 
paragraph (b) of this section, is spilled instantaneously

[[Page 1220]]

to form a liquid pool. The volatilization rate (release rate) shall be 
calculated at the boiling point of the substance and at the conditions 
specified in paragraph (d) of this section.
    (d) Worst-case release scenario--toxic liquids. (1) For regulated 
toxic substances that are normally liquids at ambient temperature, the 
owner or operator shall assume that the quantity in the vessel or pipe, 
as determined under paragraph (b) of this section, is spilled 
instantaneously to form a liquid pool.
    (i) The surface area of the pool shall be determined by assuming 
that the liquid spreads to 1 centimeter deep unless passive mitigation 
systems are in place that serve to contain the spill and limit the 
surface area. Where passive mitigation is in place, the surface area of 
the contained liquid shall be used to calculate the volatilization rate.
    (ii) If the release would occur onto a surface that is not paved or 
smooth, the owner or operator may take into account the actual surface 
characteristics.
    (2) The volatilization rate shall account for the highest daily 
maximum temperature occurring in the past three years, the temperature 
of the substance in the vessel, and the concentration of the substance 
if the liquid spilled is a mixture or solution.
    (3) The rate of release to air shall be determined from the 
volatilization rate of the liquid pool. The owner or operator may use 
the methodology in the RMP Offsite Consequence Analysis Guidance or any 
other publicly available techniques that account for the modeling 
conditions and are recognized by industry as applicable as part of 
current practices. Proprietary models that account for the modeling 
conditions may be used provided the owner or operator allows the 
implementing agency access to the model and describes model features and 
differences from publicly available models to local emergency planners 
upon request.
    (e) Worst-case release scenario--flammables. The owner or operator 
shall assume that the quantity of the substance, as determined under 
paragraph (b) of this section, vaporizes resulting in a vapor cloud 
explosion. A yield factor of 10 percent of the available energy released 
in the explosion shall be used to determine the distance to the 
explosion endpoint if the model used is based on TNT-equivalent methods.
    (f) Parameters to be applied. The owner or operator shall use the 
parameters defined in Sec. 68.22 to determine distance to the endpoints. 
The owner or operator may use the methodology provided in the RMP 
Offsite Consequence Analysis Guidance or any commercially or publicly 
available air dispersion modeling techniques, provided the techniques 
account for the modeling conditions and are recognized by industry as 
applicable as part of current practices. Proprietary models that account 
for the modeling conditions may be used provided the owner or operator 
allows the implementing agency access to the model and describes model 
features and differences from publicly available models to local 
emergency planners upon request.
    (g) Consideration of passive mitigation. Passive mitigation systems 
may be considered for the analysis of worst case provided that the 
mitigation system is capable of withstanding the release event 
triggering the scenario and would still function as intended.
    (h) Factors in selecting a worst-case scenario. Notwithstanding the 
provisions of paragraph (b) of this section, the owner or operator shall 
select as the worst case for flammable regulated substances or the worst 
case for regulated toxic substances, a scenario based on the following 
factors if such a scenario would result in a greater distance to an 
endpoint defined in Sec. 68.22(a) beyond the stationary source boundary 
than the scenario provided under paragraph (b) of this section:
    (1) Smaller quantities handled at higher process temperature or 
pressure; and
    (2) Proximity to the boundary of the stationary source.



Sec. 68.28  Alternative release scenario analysis.

    (a) The number of scenarios. The owner or operator shall identify 
and analyze at least one alternative release scenario for each regulated 
toxic substance held in a covered process(es) and

[[Page 1221]]

at least one alternative release scenario to represent all flammable 
substances held in covered processes.
    (b) Scenarios to consider. (1) For each scenario required under 
paragraph (a) of this section, the owner or operator shall select a 
scenario:
    (i) That is more likely to occur than the worst-case release 
scenario under Sec. 68.25; and
    (ii) That will reach an endpoint offsite, unless no such scenario 
exists.
    (2) Release scenarios considered should include, but are not limited 
to, the following, where applicable:
    (i) Transfer hose releases due to splits or sudden hose uncoupling;
    (ii) Process piping releases from failures at flanges, joints, 
welds, valves and valve seals, and drains or bleeds;
    (iii) Process vessel or pump releases due to cracks, seal failure, 
or drain, bleed, or plug failure;
    (iv) Vessel overfilling and spill, or overpressurization and venting 
through relief valves or rupture disks; and
    (v) Shipping container mishandling and breakage or puncturing 
leading to a spill.
    (c) Parameters to be applied. The owner or operator shall use the 
appropriate parameters defined in Sec. 68.22 to determine distance to 
the endpoints. The owner or operator may use either the methodology 
provided in the RMP Offsite Consequence Analysis Guidance or any 
commercially or publicly available air dispersion modeling techniques, 
provided the techniques account for the specified modeling conditions 
and are recognized by industry as applicable as part of current 
practices. Proprietary models that account for the modeling conditions 
may be used provided the owner or operator allows the implementing 
agency access to the model and describes model features and differences 
from publicly available models to local emergency planners upon request.
    (d) Consideration of mitigation. Active and passive mitigation 
systems may be considered provided they are capable of withstanding the 
event that triggered the release and would still be functional.
    (e) Factors in selecting scenarios. The owner or operator shall 
consider the following in selecting alternative release scenarios:
    (1) The five-year accident history provided in Sec. 68.42; and
    (2) Failure scenarios identified under Sec. 68.50 or Sec. 68.67.



Sec. 68.30  Defining offsite impacts--population.

    (a) The owner or operator shall estimate in the RMP the population 
within a circle with its center at the point of the release and a radius 
determined by the distance to the endpoint defined in Sec. 68.22(a).
    (b) Population to be defined. Population shall include residential 
population. The presence of institutions (schools, hospitals, prisons), 
parks and recreational areas, and major commercial, office, and 
industrial buildings shall be noted in the RMP.
    (c) Data sources acceptable. The owner or operator may use the most 
recent Census data, or other updated information, to estimate the 
population potentially affected.
    (d) Level of accuracy. Population shall be estimated to two 
significant digits.



Sec. 68.33  Defining offsite impacts--environment.

    (a) The owner or operator shall list in the RMP environmental 
receptors within a circle with its center at the point of the release 
and a radius determined by the distance to the endpoint defined in 
Sec. 68.22(a) of this part.
    (b) Data sources acceptable. The owner or operator may rely on 
information provided on local U.S. Geological Survey maps or on any data 
source containing U.S.G.S. data to identify environmental receptors.



68.36  Review and update.

    (a) The owner or operator shall review and update the offsite 
consequence analyses at least once every five years.
    (b) If changes in processes, quantities stored or handled, or any 
other aspect of the stationary source might reasonably be expected to 
increase or decrease the distance to the endpoint by a factor of two or 
more, the owner or operator shall complete a revised analysis within six 
months of the change

[[Page 1222]]

and submit a revised risk management plan as provided in Sec. 68.190.



Sec. 68.39  Documentation.

    The owner or operator shall maintain the following records on the 
offsite consequence analyses:
    (a) For worst-case scenarios, a description of the vessel or 
pipeline and substance selected as worst case, assumptions and 
parameters used, and the rationale for selection; assumptions shall 
include use of any administrative controls and any passive mitigation 
that were assumed to limit the quantity that could be released. 
Documentation shall include the anticipated effect of the controls and 
mitigation on the release quantity and rate.
    (b) For alternative release scenarios, a description of the 
scenarios identified, assumptions and parameters used, and the rationale 
for the selection of specific scenarios; assumptions shall include use 
of any administrative controls and any mitigation that were assumed to 
limit the quantity that could be released. Documentation shall include 
the effect of the controls and mitigation on the release quantity and 
rate.
    (c) Documentation of estimated quantity released, release rate, and 
duration of release.
    (d) Methodology used to determine distance to endpoints.
    (e) Data used to estimate population and environmental receptors 
potentially affected.



Sec. 68.42   Five-year accident history.

    (a) The owner or operator shall include in the five-year accident 
history all accidental releases from covered processes that resulted in 
deaths, injuries, or significant property damage on site, or known 
offsite deaths, injuries, evacuations, sheltering in place, property 
damage, or environmental damage.
    (b) Data required. For each accidental release included, the owner 
or operator shall report the following information:
    (1) Date, time, and approximate duration of the release;
    (2) Chemical(s) released;
    (3) Estimated quantity released in pounds;
    (4) The type of release event and its source;
    (5) Weather conditions, if known;
    (6) On-site impacts;
    (7) Known offsite impacts;
    (8) Initiating event and contributing factors if known;
    (9) Whether offsite responders were notified if known; and
    (10) Operational or process changes that resulted from investigation 
of the release.
    (c) Level of accuracy. Numerical estimates may be provided to two 
significant digits.



                 Subpart C--Program 2 Prevention Program

    Source: 61 FR 31721, June 20, 1996, unless otherwise noted.

    Effective Date Note: At 61 FR 31721, June 20, 1996, subpart C was 
added, effective Aug. 19, 1996.



Sec. 68.48  Safety information.

    (a) The owner or operator shall compile and maintain the following 
up-to-date safety information related to the regulated substances, 
processes, and equipment:
    (1) Material Safety Data Sheets that meet the requirements of 29 CFR 
1910.1200(g);
    (2) Maximum intended inventory of equipment in which the regulated 
substances are stored or processed;
    (3) Safe upper and lower temperatures, pressures, flows, and 
compositions;
    (4) Equipment specifications; and
    (5) Codes and standards used to design, build, and operate the 
process.
    (b) The owner or operator shall ensure that the process is designed 
in compliance with recognized and generally accepted good engineering 
practices. Compliance with Federal or state regulations that address 
industry-specific safe design or with industry-specific design codes and 
standards may be used to demonstrate compliance with this paragraph.
    (c) The owner or operator shall update the safety information if a 
major change occurs that makes the information inaccurate.

[[Page 1223]]



Sec. 68.50  Hazard review.

    (a) The owner or operator shall conduct a review of the hazards 
associated with the regulated substances, process, and procedures. The 
review shall identify the following:
    (1) The hazards associated with the process and regulated 
substances;
    (2) Opportunities for equipment malfunctions or human errors that 
could cause an accidental release;
    (3) The safeguards used or needed to control the hazards or prevent 
equipment malfunction or human error; and
    (4) Any steps used or needed to detect or monitor releases.
    (b) The owner or operator may use checklists developed by persons or 
organizations knowledgeable about the process and equipment as a guide 
to conducting the review. For processes designed to meet industry 
standards or Federal or state design rules, the hazard review shall, by 
inspecting all equipment, determine whether the process is designed, 
fabricated, and operated in accordance with the applicable standards or 
rules.
    (c) The owner or operator shall document the results of the review 
and ensure that problems identified are resolved in a timely manner.
    (d) The review shall be updated at least once every five years. The 
owner or operator shall also conduct reviews whenever a major change in 
the process occurs; all issues identified in the review shall be 
resolved before startup of the changed process.



Sec. 68.52  Operating procedures.

    (a) The owner or operator shall prepare written operating procedures 
that provide clear instructions or steps for safely conducting 
activities associated with each covered process consistent with the 
safety information for that process. Operating procedures or 
instructions provided by equipment manufacturers or developed by persons 
or organizations knowledgeable about the process and equipment may be 
used as a basis for a stationary source's operating procedures.
    (b) The procedures shall address the following:
    (1) Initial startup;
    (2) Normal operations;
    (3) Temporary operations;
    (4) Emergency shutdown and operations;
    (5) Normal shutdown;
    (6) Startup following a normal or emergency shutdown or a major 
change that requires a hazard review;
    (7) Consequences of deviations and steps required to correct or 
avoid deviations; and
    (8) Equipment inspections.
    (c) The owner or operator shall ensure that the operating procedures 
are updated, if necessary, whenever a major change occurs and prior to 
startup of the changed process.



Sec. 68.54  Training.

    (a) The owner or operator shall ensure that each employee presently 
operating a process, and each employee newly assigned to a covered 
process have been trained or tested competent in the operating 
procedures provided in Sec. 68.52 that pertain to their duties. For 
those employees already operating a process on June 21, 1999, the owner 
or operator may certify in writing that the employee has the required 
knowledge, skills, and abilities to safely carry out the duties and 
responsibilities as provided in the operating procedures.
    (b) Refresher training. Refresher training shall be provided at 
least every three years, and more often if necessary, to each employee 
operating a process to ensure that the employee understands and adheres 
to the current operating procedures of the process. The owner or 
operator, in consultation with the employees operating the process, 
shall determine the appropriate frequency of refresher training.
    (c) The owner or operator may use training conducted under Federal 
or state regulations or under industry-specific standards or codes or 
training conducted by covered process equipment vendors to demonstrate 
compliance with this section to the extent that the training meets the 
requirements of this section.
    (d) The owner or operator shall ensure that operators are trained in 
any updated or new procedures prior to startup of a process after a 
major change.

[[Page 1224]]



Sec. 68.56  Maintenance.

    (a) The owner or operator shall prepare and implement procedures to 
maintain the on-going mechanical integrity of the process equipment. The 
owner or operator may use procedures or instructions provided by covered 
process equipment vendors or procedures in Federal or state regulations 
or industry codes as the basis for stationary source maintenance 
procedures.
    (b) The owner or operator shall train or cause to be trained each 
employee involved in maintaining the on-going mechanical integrity of 
the process. To ensure that the employee can perform the job tasks in a 
safe manner, each such employee shall be trained in the hazards of the 
process, in how to avoid or correct unsafe conditions, and in the 
procedures applicable to the employee's job tasks.
    (c) Any maintenance contractor shall ensure that each contract 
maintenance employee is trained to perform the maintenance procedures 
developed under paragraph (a) of this section.
    (d) The owner or operator shall perform or cause to be performed 
inspections and tests on process equipment. Inspection and testing 
procedures shall follow recognized and generally accepted good 
engineering practices. The frequency of inspections and tests of process 
equipment shall be consistent with applicable manufacturers' 
recommendations, industry standards or codes, good engineering 
practices, and prior operating experience.



Sec. 68.58  Compliance audits.

    (a) The owner or operator shall certify that they have evaluated 
compliance with the provisions of this subpart at least every three 
years to verify that the procedures and practices developed under the 
rule are adequate and are being followed.
    (b) The compliance audit shall be conducted by at least one person 
knowledgeable in the process.
    (c) The owner or operator shall develop a report of the audit 
findings.
    (d) The owner or operator shall promptly determine and document an 
appropriate response to each of the findings of the compliance audit and 
document that deficiencies have been corrected.
    (e) The owner or operator shall retain the two (2) most recent 
compliance audit reports. This requirement does not apply to any 
compliance audit report that is more than five years old.



Sec. 68.60  Incident investigation.

    (a) The owner or operator shall investigate each incident which 
resulted in, or could reasonably have resulted in a catastrophic 
release.
    (b) An incident investigation shall be initiated as promptly as 
possible, but not later than 48 hours following the incident.
    (c) A summary shall be prepared at the conclusion of the 
investigation which includes at a minimum:
    (1) Date of incident;
    (2) Date investigation began;
    (3) A description of the incident;
    (4) The factors that contributed to the incident; and,
    (5) Any recommendations resulting from the investigation.
    (d) The owner or operator shall promptly address and resolve the 
investigation findings and recommendations. Resolutions and corrective 
actions shall be documented.
    (e) The findings shall be reviewed with all affected personnel whose 
job tasks are affected by the findings.
    (f) Investigation summaries shall be retained for five years.



                 Subpart D--Program 3 Prevention Program

    Source: 61 FR 31722, June 20, 1996, unless otherwise noted.

    Effective Date Note: At 61 FR 31722, June 20, 1996, subpart D was 
added, effective Aug. 19, 1996.



Sec. 68.65  Process safety information.

    (a) In accordance with the schedule set forth in Sec. 68.67, the 
owner or operator shall complete a compilation of written process safety 
information before conducting any process hazard analysis required by 
the rule. The compilation of written process safety information is to 
enable the owner or operator and the employees involved in operating the 
process to identify and understand the hazards posed by those processes 
involving regulated substances.

[[Page 1225]]

This process safety information shall include information pertaining to 
the hazards of the regulated substances used or produced by the process, 
information pertaining to the technology of the process, and information 
pertaining to the equipment in the process.
    (b) Information pertaining to the hazards of the regulated 
substances in the process. This information shall consist of at least 
the following:
    (1) Toxicity information;
    (2) Permissible exposure limits;
    (3) Physical data;
    (4) Reactivity data:
    (5) Corrosivity data;
    (6) Thermal and chemical stability data; and
    (7) Hazardous effects of inadvertent mixing of different materials 
that could foreseeably occur.

    Note to paragraph (b): Material Safety Data Sheets meeting the 
requirements of 29 CFR 1910.1200(g) may be used to comply with this 
requirement to the extent they contain the information required by this 
subparagraph.

    (c) Information pertaining to the technology of the process.
    (1) Information concerning the technology of the process shall 
include at least the following:
    (i) A block flow diagram or simplified process flow diagram;
    (ii) Process chemistry;
    (iii) Maximum intended inventory;
    (iv) Safe upper and lower limits for such items as temperatures, 
pressures, flows or compositions; and,
    (v) An evaluation of the consequences of deviations.
    (2) Where the original technical information no longer exists, such 
information may be developed in conjunction with the process hazard 
analysis in sufficient detail to support the analysis.
    (d) Information pertaining to the equipment in the process.
    (1) Information pertaining to the equipment in the process shall 
include:
    (i) Materials of construction;
    (ii) Piping and instrument diagrams (P&ID's);
    (iii) Electrical classification;
    (iv) Relief system design and design basis;
    (v) Ventilation system design;
    (vi) Design codes and standards employed;
    (vii) Material and energy balances for processes built after June 
21, 1999; and
    (viii) Safety systems (e.g. interlocks, detection or suppression 
systems).
    (2) The owner or operator shall document that equipment complies 
with recognized and generally accepted good engineering practices.
    (3) For existing equipment designed and constructed in accordance 
with codes, standards, or practices that are no longer in general use, 
the owner or operator shall determine and document that the equipment is 
designed, maintained, inspected, tested, and operating in a safe manner.



Sec. 68.67  Process hazard analysis.

    (a) The owner or operator shall perform an initial process hazard 
analysis (hazard evaluation) on processes covered by this part. The 
process hazard analysis shall be appropriate to the complexity of the 
process and shall identify, evaluate, and control the hazards involved 
in the process. The owner or operator shall determine and document the 
priority order for conducting process hazard analyses based on a 
rationale which includes such considerations as extent of the process 
hazards, number of potentially affected employees, age of the process, 
and operating history of the process. The process hazard analysis shall 
be conducted as soon as possible, but not later than June 21, 1999. 
Process hazards analyses completed to comply with 29 CFR 1910.119(e) are 
acceptable as initial process hazards analyses. These process hazard 
analyses shall be updated and revalidated, based on their completion 
date.
    (b) The owner or operator shall use one or more of the following 
methodologies that are appropriate to determine and evaluate the hazards 
of the process being analyzed.
    (1) What-If;
    (2) Checklist;
    (3) What-If/Checklist;
    (4) Hazard and Operability Study (HAZOP);
    (5) Failure Mode and Effects Analysis (FMEA);
    (6) Fault Tree Analysis; or

[[Page 1226]]

    (7) An appropriate equivalent methodology.
    (c) The process hazard analysis shall address:
    (1) The hazards of the process;
    (2) The identification of any previous incident which had a likely 
potential for catastrophic consequences.
    (3) Engineering and administrative controls applicable to the 
hazards and their interrelationships such as appropriate application of 
detection methodologies to provide early warning of releases. 
(Acceptable detection methods might include process monitoring and 
control instrumentation with alarms, and detection hardware such as 
hydrocarbon sensors.);
    (4) Consequences of failure of engineering and administrative 
controls;
    (5) Stationary source siting;
    (6) Human factors; and
    (7) A qualitative evaluation of a range of the possible safety and 
health effects of failure of controls.
    (d) The process hazard analysis shall be performed by a team with 
expertise in engineering and process operations, and the team shall 
include at least one employee who has experience and knowledge specific 
to the process being evaluated. Also, one member of the team must be 
knowledgeable in the specific process hazard analysis methodology being 
used.
    (e) The owner or operator shall establish a system to promptly 
address the team's findings and recommendations; assure that the 
recommendations are resolved in a timely manner and that the resolution 
is documented; document what actions are to be taken; complete actions 
as soon as possible; develop a written schedule of when these actions 
are to be completed; communicate the actions to operating, maintenance 
and other employees whose work assignments are in the process and who 
may be affected by the recommendations or actions.
    (f) At least every five (5) years after the completion of the 
initial process hazard analysis, the process hazard analysis shall be 
updated and revalidated by a team meeting the requirements in paragraph 
(d) of this section, to assure that the process hazard analysis is 
consistent with the current process. Updated and revalidated process 
hazard analyses completed to comply with 29 CFR 1910.119(e) are 
acceptable to meet the requirements of this paragraph.
    (g) The owner or operator shall retain process hazards analyses and 
updates or revalidations for each process covered by this section, as 
well as the documented resolution of recommendations described in 
paragraph (e) of this section for the life of the process.



Sec. 68.69  Operating procedures.

    (a) The owner or operator shall develop and implement written 
operating procedures that provide clear instructions for safely 
conducting activities involved in each covered process consistent with 
the process safety information and shall address at least the following 
elements.
    (1) Steps for each operating phase:
    (i) Initial startup;
    (ii) Normal operations;
    (iii) Temporary operations;
    (iv) Emergency shutdown including the conditions under which 
emergency shutdown is required, and the assignment of shutdown 
responsibility to qualified operators to ensure that emergency shutdown 
is executed in a safe and timely manner.
    (v) Emergency operations;
    (vi) Normal shutdown; and,
    (vii) Startup following a turnaround, or after an emergency 
shutdown.
    (2) Operating limits:
    (i) Consequences of deviation; and
    (ii) Steps required to correct or avoid deviation.
    (3) Safety and health considerations:
    (i) Properties of, and hazards presented by, the chemicals used in 
the process;
    (ii) Precautions necessary to prevent exposure, including 
engineering controls, administrative controls, and personal protective 
equipment;
    (iii) Control measures to be taken if physical contact or airborne 
exposure occurs;
    (iv) Quality control for raw materials and control of hazardous 
chemical inventory levels; and,
    (v) Any special or unique hazards.
    (4) Safety systems and their functions.

[[Page 1227]]

    (b) Operating procedures shall be readily accessible to employees 
who work in or maintain a process.
    (c) The operating procedures shall be reviewed as often as necessary 
to assure that they reflect current operating practice, including 
changes that result from changes in process chemicals, technology, and 
equipment, and changes to stationary sources. The owner or operator 
shall certify annually that these operating procedures are current and 
accurate.
    (d) The owner or operator shall develop and implement safe work 
practices to provide for the control of hazards during operations such 
as lockout/tagout; confined space entry; opening process equipment or 
piping; and control over entrance into a stationary source by 
maintenance, contractor, laboratory, or other support personnel. These 
safe work practices shall apply to employees and contractor employees.



Sec. 68.71  Training.

    (a) Initial training. (1) Each employee presently involved in 
operating a process, and each employee before being involved in 
operating a newly assigned process, shall be trained in an overview of 
the process and in the operating procedures as specified in Sec. 68.69. 
The training shall include emphasis on the specific safety and health 
hazards, emergency operations including shutdown, and safe work 
practices applicable to the employee's job tasks.
    (2) In lieu of initial training for those employees already involved 
in operating a process on June 21, 1999 an owner or operator may certify 
in writing that the employee has the required knowledge, skills, and 
abilities to safely carry out the duties and responsibilities as 
specified in the operating procedures.
    (b) Refresher training. Refresher training shall be provided at 
least every three years, and more often if necessary, to each employee 
involved in operating a process to assure that the employee understands 
and adheres to the current operating procedures of the process. The 
owner or operator, in consultation with the employees involved in 
operating the process, shall determine the appropriate frequency of 
refresher training.
    (c) Training documentation. The owner or operator shall ascertain 
that each employee involved in operating a process has received and 
understood the training required by this paragraph. The owner or 
operator shall prepare a record which contains the identity of the 
employee, the date of training, and the means used to verify that the 
employee understood the training.



Sec. 68.73  Mechanical integrity.

    (a) Application. Paragraphs (b) through (f) of this section apply to 
the following process equipment:
    (1) Pressure vessels and storage tanks;
    (2) Piping systems (including piping components such as valves);
    (3) Relief and vent systems and devices;
    (4) Emergency shutdown systems;
    (5) Controls (including monitoring devices and sensors, alarms, and 
interlocks) and,
    (6) Pumps.
    (b) Written procedures. The owner or operator shall establish and 
implement written procedures to maintain the on-going integrity of 
process equipment.
    (c) Training for process maintenance activities. The owner or 
operator shall train each employee involved in maintaining the on-going 
integrity of process equipment in an overview of that process and its 
hazards and in the procedures applicable to the employee's job tasks to 
assure that the employee can perform the job tasks in a safe manner.
    (d) Inspection and testing. (1) Inspections and tests shall be 
performed on process equipment.
    (2) Inspection and testing procedures shall follow recognized and 
generally accepted good engineering practices.
    (3) The frequency of inspections and tests of process equipment 
shall be consistent with applicable manufacturers' recommendations and 
good engineering practices, and more frequently if determined to be 
necessary by prior operating experience.
    (4) The owner or operator shall document each inspection and test 
that has been performed on process equipment. The documentation shall 
identify the

[[Page 1228]]

date of the inspection or test, the name of the person who performed the 
inspection or test, the serial number or other identifier of the 
equipment on which the inspection or test was performed, a description 
of the inspection or test performed, and the results of the inspection 
or test.
    (e) Equipment deficiencies. The owner or operator shall correct 
deficiencies in equipment that are outside acceptable limits (defined by 
the process safety information in Sec. 68.65) before further use or in a 
safe and timely manner when necessary means are taken to assure safe 
operation.
    (f) Quality assurance. (1) In the construction of new plants and 
equipment, the owner or operator shall assure that equipment as it is 
fabricated is suitable for the process application for which they will 
be used.
    (2) Appropriate checks and inspections shall be performed to assure 
that equipment is installed properly and consistent with design 
specifications and the manufacturer's instructions.
    (3) The owner or operator shall assure that maintenance materials, 
spare parts and equipment are suitable for the process application for 
which they will be used.



Sec. 68.75  Management of change.

    (a) The owner or operator shall establish and implement written 
procedures to manage changes (except for ``replacements in kind'') to 
process chemicals, technology, equipment, and procedures; and, changes 
to stationary sources that affect a covered process.
    (b) The procedures shall assure that the following considerations 
are addressed prior to any change:
    (1) The technical basis for the proposed change;
    (2) Impact of change on safety and health;
    (3) Modifications to operating procedures;
    (4) Necessary time period for the change; and,
    (5) Authorization requirements for the proposed change.
    (c) Employees involved in operating a process and maintenance and 
contract employees whose job tasks will be affected by a change in the 
process shall be informed of, and trained in, the change prior to start-
up of the process or affected part of the process.
    (d) If a change covered by this paragraph results in a change in the 
process safety information required by Sec. 68.65 of this part, such 
information shall be updated accordingly.
    (e) If a change covered by this paragraph results in a change in the 
operating procedures or practices required by Sec. 68.69, such 
procedures or practices shall be updated accordingly.



Sec. 68.77  Pre-startup review.

    (a) The owner or operator shall perform a pre-startup safety review 
for new stationary sources and for modified stationary sources when the 
modification is significant enough to require a change in the process 
safety information.
    (b) The pre-startup safety review shall confirm that prior to the 
introduction of regulated substances to a process:
    (1) Construction and equipment is in accordance with design 
specifications;
    (2) Safety, operating, maintenance, and emergency procedures are in 
place and are adequate;
    (3) For new stationary sources, a process hazard analysis has been 
performed and recommendations have been resolved or implemented before 
startup; and modified stationary sources meet the requirements contained 
in management of change, Sec. 68.75.
    (4) Training of each employee involved in operating a process has 
been completed.



Sec. 68.79  Compliance audits.

    (a) The owner or operator shall certify that they have evaluated 
compliance with the provisions of this section at least every three 
years to verify that the procedures and practices developed under the 
standard are adequate and are being followed.
    (b) The compliance audit shall be conducted by at least one person 
knowledgeable in the process.
    (c) A report of the findings of the audit shall be developed.
    (d) The owner or operator shall promptly determine and document an 
appropriate response to each of the findings of the compliance audit, 
and

[[Page 1229]]

document that deficiencies have been corrected.
    (e) The owner or operator shall retain the two (2) most recent 
compliance audit reports.



Sec. 68.81  Incident investigation.

    (a) The owner or operator shall investigate each incident which 
resulted in, or could reasonably have resulted in a catastrophic release 
of a regulated substance.
    (b) An incident investigation shall be initiated as promptly as 
possible, but not later than 48 hours following the incident.
    (c) An incident investigation team shall be established and consist 
of at least one person knowledgeable in the process involved, including 
a contract employee if the incident involved work of the contractor, and 
other persons with appropriate knowledge and experience to thoroughly 
investigate and analyze the incident.
    (d) A report shall be prepared at the conclusion of the 
investigation which includes at a minimum:
    (1) Date of incident;
    (2) Date investigation began;
    (3) A description of the incident;
    (4) The factors that contributed to the incident; and,
    (5) Any recommendations resulting from the investigation.
    (e) The owner or operator shall establish a system to promptly 
address and resolve the incident report findings and recommendations. 
Resolutions and corrective actions shall be documented.
    (f) The report shall be reviewed with all affected personnel whose 
job tasks are relevant to the incident findings including contract 
employees where applicable.
    (g) Incident investigation reports shall be retained for five years.



Sec. 68.83  Employee participation.

    (a) The owner or operator shall develop a written plan of action 
regarding the implementation of the employee participation required by 
this section.
    (b) The owner or operator shall consult with employees and their 
representatives on the conduct and development of process hazards 
analyses and on the development of the other elements of process safety 
management in this rule.
    (c) The owner or operator shall provide to employees and their 
representatives access to process hazard analyses and to all other 
information required to be developed under this rule.



Sec. 68.85  Hot work permit.

    (a) The owner or operator shall issue a hot work permit for hot work 
operations conducted on or near a covered process.
    (b) The permit shall document that the fire prevention and 
protection requirements in 29 CFR 1910.252(a) have been implemented 
prior to beginning the hot work operations; it shall indicate the 
date(s) authorized for hot work; and identify the object on which hot 
work is to be performed. The permit shall be kept on file until 
completion of the hot work operations.



Sec. 68.87  Contractors.

    (a) Application. This section applies to contractors performing 
maintenance or repair, turnaround, major renovation, or specialty work 
on or adjacent to a covered process. It does not apply to contractors 
providing incidental services which do not influence process safety, 
such as janitorial work, food and drink services, laundry, delivery or 
other supply services.
    (b) Owner or operator responsibilities. (1) The owner or operator, 
when selecting a contractor, shall obtain and evaluate information 
regarding the contract owner or operator's safety performance and 
programs.
    (2) The owner or operator shall inform contract owner or operator of 
the known potential fire, explosion, or toxic release hazards related to 
the contractor's work and the process.
    (3) The owner or operator shall explain to the contract owner or 
operator the applicable provisions of subpart E of this part.
    (4) The owner or operator shall develop and implement safe work 
practices consistent with Sec. 68.69(d), to control the entrance, 
presence, and exit of the contract owner or operator and contract 
employees in covered process areas.
    (5) The owner or operator shall periodically evaluate the 
performance of

[[Page 1230]]

the contract owner or operator in fulfilling their obligations as 
specified in paragraph (c) of this section.
    (c) Contract owner or operator responsibilities. (1) The contract 
owner or operator shall assure that each contract employee is trained in 
the work practices necessary to safely perform his/her job.
    (2) The contract owner or operator shall assure that each contract 
employee is instructed in the known potential fire, explosion, or toxic 
release hazards related to his/her job and the process, and the 
applicable provisions of the emergency action plan.
    (3) The contract owner or operator shall document that each contract 
employee has received and understood the training required by this 
section. The contract owner or operator shall prepare a record which 
contains the identity of the contract employee, the date of training, 
and the means used to verify that the employee understood the training.
    (4) The contract owner or operator shall assure that each contract 
employee follows the safety rules of the stationary source including the 
safe work practices required by Sec. 68.69(d).
    (5) The contract owner or operator shall advise the owner or 
operator of any unique hazards presented by the contract owner or 
operator's work, or of any hazards found by the contract owner or 
operator's work.



                      Subpart E--Emergency Response

    Source: 61 FR 31725, June 20, 1996, unless otherwise noted.

    Effective Date Note: At 61 FR 31725, June 20, 1996, subpart E was 
added, effective Aug. 19, 1996.



Sec. 68.90  Applicability.

    (a) Except as provided in paragraph (b) of this section, the owner 
or operator of a stationary source with Program 2 and Program 3 
processes shall comply with the requirements of Sec. 68.95.
    (b) The owner or operator of stationary source whose employees will 
not respond to accidental releases of regulated substances need not 
comply with Sec. 68.95 of this part provided that they meet the 
following:
    (1) For stationary sources with any regulated toxic substance held 
in a process above the threshold quantity, the stationary source is 
included in the community emergency response plan developed under 42 
U.S.C. 11003;
    (2) For stationary sources with only regulated flammable substances 
held in a process above the threshold quantity, the owner or operator 
has coordinated response actions with the local fire department; and
    (3) Appropriate mechanisms are in place to notify emergency 
responders when there is a need for a response.



Sec. 68.95  Emergency response program.

    (a) The owner or operator shall develop and implement an emergency 
response program for the purpose of protecting public health and the 
environment. Such program shall include the following elements:
    (1) An emergency response plan, which shall be maintained at the 
stationary source and contain at least the following elements:
    (i) Procedures for informing the public and local emergency response 
agencies about accidental releases;
    (ii) Documentation of proper first-aid and emergency medical 
treatment necessary to treat accidental human exposures; and
    (iii) Procedures and measures for emergency response after an 
accidental release of a regulated substance;
    (2) Procedures for the use of emergency response equipment and for 
its inspection, testing, and maintenance;
    (3) Training for all employees in relevant procedures; and
    (4) Procedures to review and update, as appropriate, the emergency 
response plan to reflect changes at the stationary source and ensure 
that employees are informed of changes.
    (b) A written plan that complies with other Federal contingency plan 
regulations or is consistent with the approach in the National Response 
Team's Integrated Contingency Plan Guidance (``One Plan'') and that, 
among other matters, includes the elements provided in paragraph (a) of 
this section, shall satisfy the requirements of this section if the 
owner or operator also complies with paragraph (c) of this section.

[[Page 1231]]

    (c) The emergency response plan developed under paragraph (a)(1) of 
this section shall be coordinated with the community emergency response 
plan developed under 42 U.S.C. 11003. Upon request of the local 
emergency planning committee or emergency response officials, the owner 
or operator shall promptly provide to the local emergency response 
officials information necessary for developing and implementing the 
community emergency response plan.



    Subpart F--Regulated Substances for Accidental Release Prevention

    Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted. 
Redesignated at 61 FR 31717, June 20, 1996.

    Effective Date Note: At 61 FR 31717, June 20, 1996, subpart C was 
redesignated as subpart F, effective Aug. 19, 1996.



Sec. 68.100  Purpose.

    This subpart designates substances to be listed under section 
112(r)(3), (4), and (5) of the Clean Air Act, as amended, identifies 
their threshold quantities, and establishes the requirements for 
petitioning to add or delete substances from the list.



Sec. 68.115  Threshold determination.

    (a) A threshold quantity of a regulated substance listed in 
Sec. 68.130 is present at a stationary source if the total quantity of 
the regulated substance contained in a process exceeds the threshold.
    (b) For the purposes of determining whether more than a threshold 
quantity of a regulated substance is present at the stationary source, 
the following exemptions apply:
    (1) Concentrations of a regulated toxic substance in a mixture. If a 
regulated substance is present in a mixture and the concentration of the 
substance is below one percent by weight of the mixture, the amount of 
the substance in the mixture need not be considered when determining 
whether more than a threshold quantity is present at the stationary 
source. Except for oleum, toluene 2,4-diisocyanate, toluene 2,6-
diisocyanate, and toluene diisocyanate (unspecified isomer), if the 
concentration of the regulated substance in the mixture is one percent 
or greater by weight, but the owner or operator can demonstrate that the 
partial pressure of the regulated substance in the mixture (solution) 
under handling or storage conditions in any portion of the process is 
less than 10 millimeters of mercury (mm Hg), the amount of the substance 
in the mixture in that portion of the process need not be considered 
when determining whether more than a threshold quantity is present at 
the stationary source. The owner or operator shall document this partial 
pressure measurement or estimate.
    (2) Concentrations of a regulated flammable substance in a mixture. 
If a regulated substance is present in a mixture and the concentration 
of the substance is below one percent by weight of the mixture, the 
mixture need not be considered when determining whether more than a 
threshold quantity of the regulated substance is present at the 
stationary source. If the concentration of the regulated substance in 
the mixture is one percent or greater by weight, then, for purposes of 
determining whether more than a threshold quantity is present at the 
stationary source, the entire weight of the mixture shall be treated as 
the regulated substance unless the owner or operator can demonstrate 
that the mixture itself does not meet the criteria for flammability of 
flash point below 73 deg.F (22.8 deg.C) and boiling point below 
100 deg.F (37.8 deg.C). The owner or operator shall document these flash 
point and boiling point measurements or estimates.
    (3) Concentrations of a regulated explosive substance in a mixture. 
Mixtures of Division 1.1 explosives listed in 49 CFR 172.101 (Hazardous 
Materials Table) and other explosives need not be included when 
determining whether a threshold quantity is present in a process, when 
the mixture is intended to be used on-site in a non-accidental release 
in a manner consistent with applicable BATF regulations. Other mixtures 
of Division 1.1 explosives listed in 49 CFR 172.101 and other explosives 
shall be included in determining whether more than a threshold quantity 
is present in a process if such mixtures would be treated as Division 
1.1 explosives under 49 CFR parts 172 and 173.

[[Page 1232]]

    (4) Articles. Regulated substances contained in articles need not be 
considered when determining whether more than a threshold quantity is 
present at the stationary source.
    (5) Uses. Regulated substances, when in use for the following 
purposes, need not be included in determining whether more than a 
threshold quantity is present at the stationary source:
    (i) Use as a structural component of the stationary source;
    (ii) Use of products for routine janitorial maintenance;
    (iii) Use by employees of foods, drugs, cosmetics, or other personal 
items containing the regulated substance; and
    (iv) Use of regulated substances present in process water or non-
contact cooling water as drawn from the environment or municipal 
sources, or use of regulated substances present in air used either as 
compressed air or as part of combustion.
    (6) Activities in laboratories. If a regulated substance is 
manufactured, processed, or used in a laboratory at a stationary source 
under the supervision of a technically qualified individual as defined 
in Sec. 720.3(ee) of this chapter, the quantity of the substance need 
not be considered in determining whether a threshold quantity is 
present. This exemption does not apply to:
    (i) Specialty chemical production;
    (ii) Manufacture, processing, or use of substances in pilot plant 
scale operations; and
    (iii) Activities conducted outside the laboratory.



Sec. 68.120  Petition process.

    (a) Any person may petition the Administrator to modify, by addition 
or deletion, the list of regulated substances identified in Sec. 68.130. 
Based on the information presented by the petitioner, the Administrator 
may grant or deny a petition.
    (b) A substance may be added to the list if, in the case of an 
accidental release, it is known to cause or may be reasonably 
anticipated to cause death, injury, or serious adverse effects to human 
health or the environment.
    (c) A substance may be deleted from the list if adequate data on the 
health and environmental effects of the substance are available to 
determine that the substance, in the case of an accidental release, is 
not known to cause and may not be reasonably anticipated to cause death, 
injury, or serious adverse effects to human health or the environment.
    (d) No substance for which a national primary ambient air quality 
standard has been established shall be added to the list. No substance 
regulated under title VI of the Clean Air Act, as amended, shall be 
added to the list.
    (e) The burden of proof is on the petitioner to demonstrate that the 
criteria for addition and deletion are met. A petition will be denied if 
this demonstration is not made.
    (f) The Administrator will not accept additional petitions on the 
same substance following publication of a final notice of the decision 
to grant or deny a petition, unless new data becomes available that 
could significantly affect the basis for the decision.
    (g) Petitions to modify the list of regulated substances must 
contain the following:
    (1) Name and address of the petitioner and a brief description of 
the organization(s) that the petitioner represents, if applicable;
    (2) Name, address, and telephone number of a contact person for the 
petition;
    (3) Common chemical name(s), common synonym(s), Chemical Abstracts 
Service number, and chemical formula and structure;
    (4) Action requested (add or delete a substance);
    (5) Rationale supporting the petitioner's position; that is, how the 
substance meets the criteria for addition and deletion. A short summary 
of the rationale must be submitted along with a more detailed narrative; 
and
    (6) Supporting data; that is, the petition must include sufficient 
information to scientifically support the request to modify the list. 
Such information shall include:
    (i) A list of all support documents;
    (ii) Documentation of literature searches conducted, including, but 
not limited to, identification of the database(s) searched, the search 
strategy, dates covered, and printed results;
    (iii) Effects data (animal, human, and environmental test data) 
indicating

[[Page 1233]]

the potential for death, injury, or serious adverse human and 
environmental impacts from acute exposure following an accidental 
release; printed copies of the data sources, in English, should be 
provided; and
    (iv) Exposure data or previous accident history data, indicating the 
potential for serious adverse human health or environmental effects from 
an accidental release. These data may include, but are not limited to, 
physical and chemical properties of the substance, such as vapor 
pressure; modeling results, including data and assumptions used and 
model documentation; and historical accident data, citing data sources.
    (h) Within 18 months of receipt of a petition, the Administrator 
shall publish in the Federal Register a notice either denying the 
petition or granting the petition and proposing a listing.



Sec. 68.125  Exemptions.

    Agricultural nutrients. Ammonia used as an agricultural nutrient, 
when held by farmers, is exempt from all provisions of this part.



Sec. 68.130  List of substances.

    (a) Explosives listed by DOT as Division 1.1 in 49 CFR 172.101 are 
covered under section 112(r) of the Clean Air Act. The threshold 
quantity for explosives is 5,000 pounds.
    (b) Regulated toxic and flammable substances under section 112(r) of 
the Clean Air Act are the substances listed in Tables 1, 2, 3, and 4. 
Threshold quantities for listed toxic and flammable substances are 
specified in the tables.
    (c) The basis for placing toxic and flammable substances on the list 
of regulated substances are explained in the notes to the list.

    Table 1 to Sec.  68.130.--List of Regulated Toxic Substances and    
         Threshold Quantities for Accidental Release Prevention         
                   [Alphabetical Order--77 Substances]                  
------------------------------------------------------------------------
                                                 Threshold              
         Chemical name               CAS No.      quantity    Basis for 
                                                   (lbs)       listing  
------------------------------------------------------------------------
Acrolein [2-Propenal]..........        107-02-8      5,000  b           
Acrylonitrile [2-                      107-13-1     20,000  b           
 Propenenitrile].                                                       
Acrylyl chloride [2-Propenoyl          814-68-6      5,000  b           
 chloride].                                                             
Allyl alcohol [2-Propen-l-ol]..       107-18-61     15,000  b           
Allylamine [2-Propen-l-amine]..        107-11-9     10,000  b           
Ammonia (anhydrous)............       7664-41-7     10,000  a, b        
Ammonia (conc 20% or greater)..       7664-41-7     20,000  a, b        
Arsenous trichloride...........       7784-34-1     15,000  b           
Arsine.........................       7784-42-1      1,000  b           
Boron trichloride [Borane,           10294-34-5      5,000  b           
 trichloro-].                                                           
Boron trifluoride [Borane,            7637-07-2      5,000  b           
 trifluoro-].                                                           
Boron trifluoride compound with        353-42-4     15,000  b           
 methyl ether (1:1) [Boron,                                             
 trifluoro [oxybis [metane]]-,                                          
 T-4-.                                                                  
Bromine........................       7726-95-6     10,000  a, b        
Carbon disulfide...............         75-15-0     20,000  b           
Chlorine.......................       7782-50-5      2,500  a, b        
Chlorine dioxide [Chlorine           10049-04-4      1,000  c           
 oxide (ClO2)].                                                         
Chloroform [Methane, trichloro-         67-66-3     20,000  b           
 ].                                                                     
Chloromethyl ether [Methane,           542-88-1      1,000  b           
 oxybis[chloro-].                                                       
Chloromethyl methyl ether              107-30-2      5,000  b           
 [Methane, chloromethoxy-].                                             
Crotonaldehyde [2-Butenal].....       4170-30-3     20,000  b           
Crotonaldehyde, (E)- [2-               123-73-9     20,000  b           
 Butenal, (E)-].                                                        
Cyanogen chloride..............        506-77-4     10,000  c           
Cyclohexylamine                        108-91-8     15,000  b           
 [Cyclohexanamine].                                                     
Diborane.......................      19287-45-7      2,500  b           
Dimethyldichlorosilane [Silane,         75-78-5      5,000  b           
 dichlorodimethyl-].                                                    
1,1-Dimethylhydrazine                   57-14-7     15,000  b           
 [Hydrazine, 1,1-dimethyl-].                                            
Epichlorohydrin [Oxirane,              106-89-8     20,000  b           
 (chloromethyl)-].                                                      

[[Page 1234]]

                                                                        
Ethylenediamine [1,2-                  107-15-3     20,000  b           
 Ethanediamine].                                                        
Ethyleneimine [Aziridine]......        151-56-4     10,000  b           
Ethylene oxide [Oxirane].......         75-21-8     10,000  a, b        
Fluorine.......................       7782-41-4      1,000  b           
Formaldehyde (solution)........         50-00-0     15,000  b           
Furan..........................        110-00-9      5,000  b           
Hydrazine......................        302-01-2     15,000  b           
Hydrochloric acid (conc 30% or        7647-01-0     15,000  d           
 greater).                                                              
Hydrocyanic acid...............         74-90-8      2,500  a, b        
Hydrogen chloride (anhydrous)         7647-01-0      5,000  a           
 [Hydrochloric acid].                                                   
Hydrogen fluoride/Hydrofluoric        7664-39-3      1,000  a, b        
 acid (conc 50% or greater)                                             
 [Hydrofluoric acid].                                                   
Hydrogen selenide..............       7783-07-5        500  b           
Hydrogen sulfide...............       7783-06-4     10,000  a, b        
Iron, pentacarbonyl- [Iron           13463-40-6      2,500  b           
 carbonyl (Fe(CO)5), (TB-5-11)-                                         
 ].                                                                     
Isobutyronitrile                        78-82-0     20,000  b           
 [Propanenitrile, 2-methyl-].                                           
Isopropyl chloroformate                108-23-6     15,000  b           
 [Carbonochloridic acid, 1-                                             
 methylethyl ester].                                                    
Methacrylonitrile [2-                  126-98-7     10,000  b           
 Propenenitrile, 2-methyl-].                                            
Methyl chloride [Methane,               74-87-3     10,000  a           
 chloro-].                                                              
Methyl chloroformate                    79-22-1      5,000  b           
 [Carbonochloridic acid,                                                
 methylester].                                                          
Methyl hydrazine [Hydrazine,            60-34-4     15,000  b           
 methyl-].                                                              
Methyl isocyanate [Methane,            624-83-9     10,000  a, b        
 isocyanato-].                                                          
Methyl mercaptan [Methanethiol]         74-93-1     10,000  b           
Methyl thiocyanate [Thiocyanic         556-64-9     20,000  b           
 acid, methyl ester].                                                   
Methyltrichlorosilane [Silane,          75-79-6      5,000  b           
 trichloromethyl-].                                                     
Nickel carbonyl................      13463-39-3      1,000  b           
Nitric acid (conc 80% or              7697-37-2     15,000  b           
 greater).                                                              
Nitric oxide [Nitrogen oxide         10102-43-9     10,000  b           
 (NO)].                                                                 
Oleum (Fuming Sulfuric acid)          8014-95-7     10,000  e           
 [Sulfuric acid, mixture with                                           
 sulfur trioxide] \1\.                                                  
Peracetic acid [Ethaneperoxoic          79-21-0     10,000  b           
 acid].                                                                 
Perchloromethylmercaptan               594-42-3     10,000  b           
 [Methanesulfenyl chloride,                                             
 trichloro-].                                                           
Phosgene [Carbonic dichloride].         75-44-5        500  a, b        
Phosphine......................       7803-51-2      5,000  b           
Phosphorus oxychloride               10025-87-3      5,000  b           
 [Phosphoryl chloride].                                                 
Phosphorus trichloride                7719-12-2     15,000  b           
 [Phosphorous trichloride].                                             
Piperidine.....................        110-89-4     15,000  b           
Propionitrile [Propanenitrile].        107-12-0     10,000  b           
Propyl chloroformate                   109-61-5     15,000  b           
 [Carbonochloridic acid,                                                
 propylester].                                                          
Propyleneimine [Aziridine, 2-           75-55-8     10,000  b           
 methyl-].                                                              
Propylene oxide [Oxirane,               75-56-9     10,000  b           
 methyl-].                                                              
Sulfur dioxide (anhydrous).....       7446-09-5      5,000  a, b        
Sulfur tetrafluoride [Sulfur          7783-60-0      2,500  b           
 fluoride (SF4), (T-4)-].                                               
Sulfur trioxide................       7446-11-9     10,000  a, b        
Tetramethyllead [Plumbane,              75-74-1     10,000  b           
 tetramethyl-].                                                         
Tetranitromethane [Methane,            509-14-8     10,000  b           
 tetranitro-].                                                          

[[Page 1235]]

                                                                        
Titanium tetrachloride                7550-45-0      2,500  b           
 [Titanium chloride (TiCl4) (T-                                         
 4)-].                                                                  
Toluene 2,4-diisocyanate               584-84-9     10,000  a           
 [Benzene, 2,4-diisocyanato-1-                                          
 methyl-] \1\.                                                          
Toluene 2,6-diisocyanate                91-08-7     10,000  a           
 [Benzene, 1,3-diisocyanato-2-                                          
 methyl-] \1\.                                                          
Toluene diisocyanate                 26471-62-5     10,000  a           
 (unspecified isomer) [Benzene,                                         
 1,3-diisocyanatomethyl-] \1\.                                          
Trimethylchlorosilane [Silane,          75-77-4     10,000  b           
 chlorotrimethyl-].                                                     
Vinyl acetate monomer [Acetic          108-05-4     15,000  b           
 acid ethenyl ester].                                                   
------------------------------------------------------------------------
\1\ The mixture exemption in Sec.  68.115(b)(1) does not apply to the   
  substance.                                                            
                                                                        
Note: Basis for Listing:                                                
a  Mandated for listing by Congress.                                    
b  On EHS list, vapor pressure 10 mmHg or greater.                      
c  Toxic gas.                                                           
d  Toxicity of hydrogen chloride, potential to release hydrogen         
  chloride, and history of accidents.                                   
e  Toxicity of sulfur trioxide and sulfuric acid, potential to release  
  sulfur trioxide, and history of accidents.                            


    Table 2 to Sec.  68.130.--List of Regulated Toxic Substances and    
         Threshold Quantities for Accidental Release Prevention         
                    [CAS Number Order--77 Substances]                   
------------------------------------------------------------------------
                                                 Threshold              
        CAS No.               Chemical name       quantity    Basis for 
                                                   (lbs)       listing  
------------------------------------------------------------------------
50-00-0................  Formaldehyde               15,000  b           
                          (solution).                                   
57-14-7................  1,1-Dimethylhydrazine      15,000  b           
                          [Hydrazine, 1,1-                              
                          dimethyl-].                                   
60-34-4................  Methyl hydrazine           15,000  b           
                          [Hydrazine, methyl-].                         
67-66-3................  Chloroform [Methane,       20,000  b           
                          trichloro-].                                  
74-87-3................  Methyl chloride            10,000  a           
                          [Methane, chloro-].                           
74-90-8................  Hydrocyanic acid......      2,500  a, b        
74-93-1................  Methyl mercaptan           10,000  b           
                          [Methanethiol].                               
75-15-0................  Carbon disulfide......     20,000  b           
75-21-8................  Ethylene oxide             10,000  a, b        
                          [Oxirane].                                    
75-44-5................  Phosgene [Carbonic            500  a, b        
                          dichloride].                                  
75-55-8................  Propyleneimine             10,000  b           
                          [Aziridine, 2-methyl-                         
                          ].                                            
75-56-9................  Propylene oxide            10,000  b           
                          [Oxirane, methyl-].                           
75-74-1................  Tetramethyllead            10,000  b           
                          [Plumbane,                                    
                          tetramethyl-].                                
75-77-4................  Trimethylchlorosilane      10,000  b           
                          [Silane,                                      
                          chlorotrimethyl-].                            
75-78-5................  Dimethyldichlorosilane      5,000  b           
                          [Silane,                                      
                          dichlorodimethyl-].                           
75-79-6................  Methyltrichlorosilane       5,000  b           
                          [Silane,                                      
                          trichloromethyl-].                            
78-82-0................  Isobutyronitrile           20,000  b           
                          [Propanenitrile, 2-                           
                          methyl-].                                     
79-21-0................  Peracetic acid             10,000  b           
                          [Ethaneperoxoic acid].                        
79-22-1................  Methyl chloroformate        5,000  b           
                          [Carbonochloridic                             
                          acid, methylester].                           
91-08-7................  Toluene 2,6-               10,000  a           
                          diisocyanate                                  
                          [Benzene, 1,3-                                
                          diisocyanato-2-methyl-                        
                          ]\1\.                                         
106-89-8...............  Epichlorohydrin            20,000  b           
                          [Oxirane,                                     
                          (chloromethyl)-].                             
107-02-8...............  Acrolein [2-Propenal].      5,000  b           
107-11-9...............  Allylamine [2-Propen-1-    10,000  b           
                          amine].                                       
107-12-0...............  Propionitrile              10,000  b           
                          [Propanenitrile].                             
107-13-1...............  Acrylonitrile [2-          20,000  b           
                          Propenenitrile].                              
107-15-3...............  Ethylenediamine [1,2-      20,000  b           
                          Ethanediamine].                               
107-18-6...............  Allyl alcohol [2-          15,000  b           
                          Propen-1-ol].                                 
107-30-2...............  Chloromethyl methyl         5,000  b           
                          ether [Methane,                               
                          chloromethoxy-].                              
108-05-4...............  Vinyl acetate monomer      15,000  b           
                          [Acetic acid ethenyl                          
                          ester].                                       
108-23-6...............  Isopropyl                  15,000  b           
                          chloroformate                                 
                          [Carbonochloridic                             
                          acid, 1-methylethyl                           
                          ester].                                       
108-91-8...............  Cyclohexylamine            15,000  b           
                          [Cyclohexanamine].                            
109-61-5...............  Propyl chloroformate       15,000  b           
                          [Carbonochloridic                             
                          acid, propylester].                           
110-00-9...............  Furan.................      5,000  b           
110-89-4...............  Piperidine............     15,000  b           
123-73-9...............  Crotonaldehyde, (E)-       20,000  b           
                          [2-Butenal, (E)-].                            

[[Page 1236]]

                                                                        
126-98-7...............  Methacrylonitrile [2-      10,000  b           
                          Propenenitrile, 2-                            
                          methyl-].                                     
151-56-4...............  Ethyleneimine              10,000  b           
                          [Aziridine].                                  
302-01-2...............  Hydrazine.............     15,000  b           
353-42-4...............  Boron trifluoride          15,000  b           
                          compound with methyl                          
                          ether (1:1) [Boron,                           
                          trifluoro[oxybis[meth                         
                          ane]]-, T-4-.                                 
506-77-4...............  Cyanogen chloride.....     10,000  c           
509-14-8...............  Tetranitromethane          10,000  b           
                          [Methane, tetranitro-                         
                          ].                                            
542-88-1...............  Chloromethyl ether          1,000  b           
                          [Methane,                                     
                          oxybis[chloro-].                              
556-64-9...............  Methyl thiocyanate         20,000  b           
                          [Thiocyanic acid,                             
                          methyl ester].                                
584-84-9...............  Toluene 2,4-               10,000  a           
                          diisocyanate                                  
                          [Benzene, 2,4-                                
                          diisocyanato-1-methyl-                        
                          ]\1\.                                         
594-42-3...............  Perchloromethylmercapt     10,000  b           
                          an [Methanesulfenyl                           
                          chloride, trichloro-].                        
624-83-9...............  Methyl isocyanate          10,000  a, b        
                          [Methane, isocyanato-                         
                          ].                                            
814-68-6...............  Acrylyl chloride [2-        5,000  b           
                          Propenoyl chloride].                          
4170-30-3..............  Crotonaldehyde [2-         20,000  b           
                          Butenal].                                     
7446-09-5..............  Sulfur dioxide              5,000  a, b        
                          (anhydrous).                                  
7446-11-9..............  Sulfur trioxide.......     10,000  a, b        
7550-45-0..............  Titanium tetrachloride      2,500  b           
                          [Titanium chloride                            
                          (TiCl4) (T-4)-].                              
7637-07-2..............  Boron trifluoride           5,000  b           
                          [Borane, trifluoro-].                         
7647-01-0..............  Hydrochloric acid          15,000  d           
                          (conc 30% or greater).                        
7647-01-0..............  Hydrogen chloride           5,000  a           
                          (anhydrous)                                   
                          [Hydrochloric acid].                          
7664-39-3..............  Hydrogen fluoride/          1,000  a, b        
                          Hydrofluoric acid                             
                          (conc 50% or greater)                         
                          [Hydrofluoric acid].                          
7664-41-7..............  Ammonia (anhydrous)...     10,000  a, b        
7664-41-7..............  Ammonia (conc 20% or       20,000  a, b        
                          greater).                                     
7697-37-2..............  Nitric acid (conc 80%      15,000  b           
                          or greater).                                  
7719-12-2..............  Phosphorus trichloride     15,000  b           
                          [Phosphorous                                  
                          trichloride].                                 
7726-95-6..............  Bromine...............     10,000  a, b        
7782-41-4..............  Fluorine..............      1,000  b           
7782-50-5..............  Chlorine..............      2,500  a, b        
7783-06-4..............  Hydrogen sulfide......     10,000  a, b        
7783-07-5..............  Hydrogen selenide.....        500  b           
7783-60-0..............  Sulfur tetrafluoride        2,500  b           
                          [Sulfur fluoride                              
                          (SF4), (T-4)-].                               
7784-34-1..............  Arsenous trichloride..     15,000  b           
7784-42-1..............  Arsine................      1,000  b           
7803-51-2..............  Phosphine.............      5,000  b           
8014-95-7..............  Oleum (Fuming Sulfuric     10,000  e           
                          acid) [Sulfuric acid,                         
                          mixture with sulfur                           
                          trioxide]\1\.                                 
10025-87-3.............  Phosphorus oxychloride      5,000  b           
                          [Phosphoryl chloride].                        
10049-04-4.............  Chlorine dioxide            1,000  c           
                          [Chlorine oxide                               
                          (ClO2)].                                      
10102-43-9.............  Nitric oxide [Nitrogen     10,000  b           
                          oxide (NO)].                                  
10294-34-5.............  Boron trichloride           5,000  b           
                          [Borane, trichloro-].                         
13463-39-3.............  Nickel carbonyl.......      1,000  b           
13463-40-6.............  Iron, pentacarbonyl-        2,500  b           
                          [Iron carbonyl                                
                          (Fe(CO)5), (TB-5-11)-                         
                          ].                                            
19287-45-7.............  Diborane..............      2,500  b           
26471-62-5.............  Toluene diisocyanate       10,000  a           
                          (unspecified isomer)                          
                          [Benzene, 1,3-                                
                          diisocyanatomethyl-                           
                          1]\1\.                                        
------------------------------------------------------------------------
\1\ The mixture exemption in Sec.  68.115(b)(1) does not apply to the   
  substance.                                                            
Note: Basis for Listing:                                                
a  Mandated for listing by Congress.                                    
b  On EHS list, vapor pressure 10 mmHg or greater.                      
c  Toxic gas.                                                           
e  Toxicity of sulfur trioxide and sulfuric acid, potential to release  
  sulfur trioxide, and history of accidents.                            


  Table 3 to Sec.  68.130.--List of Regulated Flammable Substances and  
         Threshold Quantities for Accidental Release Prevention         
                   [Alphabetical Order--63 Substances]                  
------------------------------------------------------------------------
                                                 Threshold              
         Chemical name               CAS No.      quantity    Basis for 
                                                   (lbs)       listing  
------------------------------------------------------------------------
Acetaldehyde...................         75-07-0     10,000  g           
Acetylene [Ethyne].............         74-86-2     10,000  f           
Bromotrifluorethylene [Ethene,         598-73-2     10,000  f           
 bromotrifluoro-].                                                      
1,3-Butadiene..................        106-99-0     10,000  f           
Butane.........................        106-97-8     10,000  f           
1-Butene.......................        106-98-9     10,000  f           
2-Butene.......................        107-01-7     10,000  f           
Butene.........................      25167-67-3     10,000  f           

[[Page 1237]]

                                                                        
2-Butene-cis...................        590-18-1     10,000  f           
2-Butene-trans [2-Butene, (E)].        624-64-6     10,000  f           
Carbon oxysulfide [Carbon oxide        463-58-1     10,000  f           
 sulfide (COS)].                                                        
Chlorine monoxide [Chlorine           7791-21-1     10,000  f           
 oxide].                                                                
2-Chloropropylene [1-Propene, 2-       557-98-2     10,000  g           
 chloro-].                                                              
1-Chloropropylene [1-Propene, 1-       590-21-6     10,000  g           
 chloro-].                                                              
Cyanogen [Ethanedinitrile].....        460-19-5     10,000  f           
Cyclopropane...................         75-19-4     10,000  f           
Dichlorosilane [Silane,               4109-96-0     10,000  f           
 dichloro-].                                                            
Difluoroethane [Ethane, 1,1-            75-37-6     10,000  f           
 difluoro-].                                                            
Dimethylamine [Methanamine, N-         124-40-3     10,000  f           
 methyl-].                                                              
2,2-Dimethylpropane [Propane,          463-82-1     10,000  f           
 2,2-dimethyl-].                                                        
Ethane.........................         74-84-0     10,000  f           
Ethyl acetylene [1-Butyne].....        107-00-6     10,000  f           
Ethylamine [Ethanamine]........         75-04-7     10,000  f           
Ethyl chloride [Ethane, chloro-         75-00-3     10,000  f           
 ].                                                                     
Ethylene [Ethene]..............         74-85-1     10,000  f           
Ethyl ether [Ethane, 1,1'-              60-29-7     10,000  g           
 oxybis-].                                                              
Ethyl mercaptan [Ethanethiol]..         75-08-1     10,000  g           
Ethyl nitrite [Nitrous acid,           109-95-5     10,000  f           
 ethyl ester].                                                          
Hydrogen.......................       1333-74-0     10,000  f           
Isobutane [Propane, 2-methyl]..         75-28-5     10,000  f           
Isopentane [Butane, 2-methyl-].         78-78-4     10,000  g           
Isoprene [1,3-Butadinene, 2-            78-79-5     10,000  g           
 methyl-].                                                              
Isopropylamine [2-Propanamine].         75-31-0     10,000  g           
Isopropyl chloride [Propane, 2-         75-29-6     10,000  g           
 chloro-].                                                              
Methane........................         74-82-8     10,000  f           
Methylamine [Methanamine]......         74-89-5     10,000  f           
3-Methyl-1-butene..............        563-45-1     10,000  f           
2-Methyl-1-butene..............        563-46-2     10,000  g           
Methyl ether [Methane, oxybis-]        115-10-6     10,000  f           
Methyl formate [Formic acid,           107-31-3     10,000  g           
 methyl ester].                                                         
2-Methylpropene [1-Propene, 2-         115-11-7     10,000  f           
 methyl-].                                                              
1,3-Pentadinene................        504-60-9     10,000  f           
Pentane........................        109-66-0     10,000  g           
1-Pentene......................        109-67-1     10,000  g           
2-Pentene, (E)-................        646-04-8     10,000  g           
2-Pentene, (Z)-................        627-20-3     10,000  g           
Propadiene [1,2-Propadiene]....        463-49-0     10,000  f           
Propane........................         74-98-6     10,000  f           
Propylene [1-Propene]..........        115-07-1     10,000  f           
Propyne [1-Propyne]............         74-99-7     10,000  f           
Silane.........................       7803-62-5     10,000  f           
Tetrafluoroethylene [Ethene,           116-14-3     10,000  f           
 tetrafluoro-].                                                         
Tetramethylsilane [Silane,              75-76-3     10,000  g           
 tetramethyl-].                                                         
Trichlorosilane [Silane,             10025-78-2     10,000  g           
 trichloro-].                                                           
Trifluorochloroethylene                 79-38-9     10,000  f           
 [Ethene, chlorotrifluoro-].                                            
Trimethylamine [Methanamine,            75-50-3     10,000  f           
 N,N-dimethyl-].                                                        
Vinyl acetylene [1-Buten-3-yne]        689-97-4     10,000  f           
Vinyl chloride [Ethene, chloro-         75-01-4     10,000  a, f        
 ].                                                                     
Vinyl ethyl ether [Ethene,             109-92-2     10,000  g           
 ethoxy-].                                                              
Vinyl fluoride [Ethene, fluoro-         75-02-5     10,000  f           
 ].                                                                     
Vinylidene chloride [Ethene,            75-35-4     10,000  g           
 1,1-dichloro-].                                                        
Vinylidene fluoride [Ethene,            75-38-7     10,000  f           
 1,1-difluoro-].                                                        
Vinyl methyl ether [Ethene,            107-25-5     10,000  f           
 methoxy-].                                                             
------------------------------------------------------------------------
Note: Basis for Listing:                                                
a  Mandated for listing by Congress.                                    
f  Flammable gas.                                                       
g  Volatile flammable liquid.                                           


[[Page 1238]]


Table 4 to Sec.  68.130.--List of Regulated Flammable Substances and Threshold Quantities for Accidental Release
                                                   Prevention                                                   
                                        [CAS Number Order--63 Substances]                                       
----------------------------------------------------------------------------------------------------------------
                                                                                 Threshold                      
            CAS No.                       Chemical name              CAS No.      quantity    Basis for listing 
                                                                                   (lbs)                        
----------------------------------------------------------------------------------------------------------------
60-29-7........................  Ethyl ether [Ethane, 1,1'-             60-29-7     10,000  g                   
                                  oxybis-].                                                                     
74-82-8........................  Methane.......................         74-82-8     10,000  f                   
74-84-0........................  Ethane........................         74-84-0     10,000  f                   
74-85-1........................  Ethylene [Ethene].............         74-85-1     10,000  f                   
74-86-2........................  Acetylene [Ethyne]............         74-86-2     10,000  f                   
74-89-5........................  Methylamine [Methanamine].....         74-89-5     10,000  f                   
74-98-6........................  Propane.......................         74-98-6     10,000  f                   
74-99-7........................  Propyne [1-Propyne]...........         74-99-7     10,000  f                   
75-00-3........................  Ethyl chloride [Ethane, chloro-        75-00-3     10,000  f                   
                                  ].                                                                            
75-01-4........................  Vinyl chloride [Ethene, chloro-        75-01-4     10,000  a, f                
                                  ].                                                                            
75-02-5........................  Vinyl fluoride [Ethene, fluoro-        75-02-5     10,000  f                   
                                  ].                                                                            
75-04-7........................  Ethylamine [Ethanamine].......         75-04-7     10,000  f                   
75-07-0........................  Acetaldehyde..................         75-07-0     10,000  g                   
75-08-1........................  Ethyl mercaptan [Ethanethiol].         75-08-1     10,000  g                   
75-19-4........................  Cyclopropane..................         75-19-4     10,000  f                   
75-28-5........................  Isobutane [Propane, 2-methyl].         75-28-5     10,000  f                   
75-29-6........................  Isopropyl chloride [Propane, 2-        75-29-6     10,000  g                   
                                  chloro-].                                                                     
75-31-0........................  Isopropylamine [2-Propanamine]         75-31-0     10,000  g                   
75-35-4........................  Vinylidene chloride [Ethene,           75-35-4     10,000  g                   
                                  1,1-dichloro-].                                                               
75-37-6........................  Difluoroethane [Ethane, 1,1-           75-37-6     10,000  f                   
                                  difluoro-].                                                                   
75-38-7........................  Vinylidene fluoride [Ethene,           75-38-7     10,000  f                   
                                  1,1-difluoro-].                                                               
75-50-3........................  Trimethylamine [Methanamine,           75-50-3     10,000  f                   
                                  N, N-dimethyl-].                                                              
75-76-3........................  Tetramethylsilane [Silane,             75-76-3     10,000  g                   
                                  tetramethyl-].                                                                
78-78-4........................  Isopentane [Butane, 2-methyl-]         78-78-4     10,000  g                   
78-79-5........................  Isoprene [1,3,-Butadiene, 2-           78-79-5     10,000  g                   
                                  methyl-].                                                                     
79-38-9........................  Trifluorochloroethylene                79-38-9     10,000  f                   
                                  [Ethene, chlorotrifluoro-].                                                   
106-97-8.......................  Butane........................        106-97-8     10,000  f                   
106-98-9.......................  1-Butene......................        106-98-9     10,000  f                   
196-99-0.......................  1,3-Butadiene.................        106-99-0     10,000  f                   
107-00-6.......................  Ethyl acetylene [1-Butyne]....        107-00-6     10,000  f                   
107-01-7.......................  2-Butene......................        107-01-7     10,000  f                   
107-25-5.......................  Vinyl methyl ether [Ethene,           107-25-5     10,000  f                   
                                  methoxy-].                                                                    
107-31-3.......................  Methyl formate [Formic acid,          107-31-3     10,000  g                   
                                  methyl ester].                                                                
109-66-0.......................  Pentane.......................        109-66-0     10,000  g                   
109-67-1.......................  1-Pentene.....................        109-67-1     10,000  g                   
109-92-2.......................  Vinyl ethyl ether [Ethene,            109-92-2     10,000  g                   
                                  ethoxy-].                                                                     
109-95-5.......................  Ethyl nitrite [Nitrous acid,          109-95-5     10,000  f                   
                                  ethyl ester].                                                                 
115-07-1.......................  Propylene [1-Propene].........        115-07-1     10,000  f                   
115-10-6.......................  Methyl ether [Methane, oxybis-        115-10-6     10,000  f                   
                                  ].                                                                            
115-11-7.......................  2-Methylpropene [1-Propene, 2-        115-11-7     10,000  f                   
                                  methyl-].                                                                     
116-14-3.......................  Tetrafluoroethylene [Ethene,          116-14-3     10,000  f                   
                                  tetrafluoro-].                                                                
124-40-3.......................  Dimethylamine [Methanamine, N-        124-40-3     10,000  f                   
                                  methyl-].                                                                     
460-19-5.......................  Cyanogen [Ethanedinitrile]....        460-19-5     10,000  f                   
463-49-0.......................  Propadiene [1,2-Propadiene]...        463-49-0     10,000  f                   
463-58-1.......................  Carbon oxysulfide [Carbon             463-58-1     10,000  f                   
                                  oxide sulfide (COS)].                                                         
463-82-1.......................  2,2-Dimethylpropane [Propane,         463-82-1     10,000  f                   
                                  2,2-dimethyl-].                                                               
504-60-9.......................  1,3-Pentadiene................        504-60-9     10,000  f                   
557-98-2.......................  2-Chloropropylene [1-Propene,         557-98-2     10,000  g                   
                                  2-chloro-].                                                                   
563-45-1.......................  3-Methyl-1-butene.............        563-45-1     10,000  f                   
563-46-2.......................  2-Methyl-1-butene.............        563-46-2     10,000  g                   
590-18-1.......................  2-Butene-cis..................        590-18-1     10,000  f                   
590-21-6.......................  1-Chloropropylene [1-Propene,         590-21-6     10,000  g                   
                                  1-chloro-].                                                                   
598-73-2.......................  Bromotrifluorethylene [Ethene,        598-73-2     10,000  f                   
                                  bromotrifluoro-].                                                             
624-64-6.......................  2-Butene-trans [2-Butene, (E)]        624-64-6     10,000  f                   
627-20-3.......................  2-Pentene, (Z)-...............        627-20-3     10,000  g                   
646-04-8.......................  2-Pentene, (E)-...............        646-04-8     10,000  g                   
689-97-4.......................  Vinyl acetylene [1-Buten-3-           689-97-4     10,000  f                   
                                  yne].                                                                         
1333-74-0......................  Hydrogen......................       1333-74-0     10,000  f                   
4109-96-0......................  Dichlorosilane [Silane,              4109-96-0     10,000  f                   
                                  dichloro-].                                                                   
7791-21-1......................  Chlorine monoxide [Chlorine          7791-21-1     10,000  f                   
                                  oxide].                                                                       
7803-62-5......................  Silane........................       7803-62-5     10,000  f                   
10025-78-2.....................  Trichlorosilane                     10025-78-2     10,000  g                   
                                  [Silane,trichloro-].                                                          
25167-67-3.....................  Butene........................      25167-67-3     10,000  f                   
----------------------------------------------------------------------------------------------------------------
Note: Basis for Listing:    a  Mandated for listing by Congress.    f  Flammable gas.    g  Volatile flammable  
  liquid.                                                                                                       


[[Page 1239]]



                     Subpart G--Risk Management Plan

    Source: 61 FR 31726, June 20, 1996, unless otherwise noted.

    Effective Date Note: At 61 FR 31726, June 20, 1996, subpart G was 
added, effective Aug. 19, 1996.



Sec. 68.150  Submission.

    (a) The owner or operator shall submit a single RMP that includes 
the information required by Secs. 68.155 through 68.185 for all covered 
processes. The RMP shall be submitted in a method and format to a 
central point as specified by EPA prior to June 21, 1999.
    (b) The owner or operator shall submit the first RMP no later than 
the latest of the following dates:
    (1) June 21, 1999;
    (2) Three years after the date on which a regulated substance is 
first listed under Sec. 68.130; or
    (3) The date on which a regulated substance is first present above a 
threshold quantity in a process.
    (c) Subsequent submissions of RMPs shall be in accordance with 
Sec. 68.190.
    (d) Notwithstanding the provisions of Secs. 68.155 to 68.190, the 
RMP shall exclude classified information. Subject to appropriate 
procedures to protect such information from public disclosure, 
classified data or information excluded from the RMP may be made 
available in a classified annex to the RMP for review by Federal and 
state representatives who have received the appropriate security 
clearances.



Sec. 68.155  Executive summary.

    The owner or operator shall provide in the RMP an executive summary 
that includes a brief description of the following elements:
    (a) The accidental release prevention and emergency response 
policies at the stationary source;
    (b) The stationary source and regulated substances handled;
    (c) The worst-case release scenario(s) and the alternative release 
scenario(s), including administrative controls and mitigation measures 
to limit the distances for each reported scenario;
    (d) The general accidental release prevention program and chemical-
specific prevention steps;
    (e) The five-year accident history;
    (f) The emergency response program; and
    (g) Planned changes to improve safety.



Sec. 68.160  Registration.

    (a) The owner or operator shall complete a single registration form 
and include it in the RMP. The form shall cover all regulated substances 
handled in covered processes.
    (b) The registration shall include the following data:
    (1) Stationary source name, street, city, county, state, zip code, 
latitude, and longitude;
    (2) The stationary source Dun and Bradstreet number;
    (3) Name and Dun and Bradstreet number of the corporate parent 
company;
    (4) The name, telephone number, and mailing address of the owner or 
operator;
    (5) The name and title of the person or position with overall 
responsibility for RMP elements and implementation;
    (6) The name, title, telephone number, and 24-hour telephone number 
of the emergency contact;
    (7) For each covered process, the name and CAS number of each 
regulated substance held above the threshold quantity in the process, 
the maximum quantity of each regulated substance or mixture in the 
process (in pounds) to two significant digits, the SIC code, and the 
Program level of the process;
    (8) The stationary source EPA identifier;
    (9) The number of full-time employees at the stationary source;
    (10) Whether the stationary source is subject to 29 CFR 1910.119;
    (11) Whether the stationary source is subject to 40 CFR part 355;
    (12) Whether the stationary source has a CAA Title V operating 
permit; and
    (13) The date of the last safety inspection of the stationary source 
by a Federal, state, or local government agency and the identity of the 
inspecting entity.

[[Page 1240]]



Sec. 68.165  Offsite consequence analysis.

    (a) The owner or operator shall submit in the RMP information:
    (1) One worst-case release scenario for each Program 1 process; and
    (2) For Program 2 and 3 processes, one worst-case release scenario 
to represent all regulated toxic substances held above the threshold 
quantity and one worst-case release scenario to represent all regulated 
flammable substances held above the threshold quantity. If additional 
worst-case scenarios for toxics or flammables are required by 
Sec. 68.25(a)(2)(iii), the owner or operator shall submit the same 
information on the additional scenario(s). The owner or operator of 
Program 2 and 3 processes shall also submit information on one 
alternative release scenario for each regulated toxic substance held 
above the threshold quantity and one alternative release scenario to 
represent all regulated flammable substances held above the threshold 
quantity.
    (b) The owner or operator shall submit the following data:
    (1) Chemical name;
    (2) Physical state (toxics only);
    (3) Basis of results (give model name if used);
    (4) Scenario (explosion, fire, toxic gas release, or liquid spill 
and vaporization);
    (5) Quantity released in pounds;
    (6) Release rate;
    (7) Release duration;
    (8) Wind speed and atmospheric stability class (toxics only);
    (9) Topography (toxics only);
    (10) Distance to endpoint;
    (11) Public and environmental receptors within the distance;
    (12) Passive mitigation considered; and
    (13) Active mitigation considered (alternative releases only);



Sec. 68.168  Five-year accident history.

    The owner or operator shall submit in the RMP the information 
provided in Sec. 68.42(b) on each accident covered by Sec. 68.42(a).



Sec. 68.170  Prevention program/Program 2.

    (a) For each Program 2 process, the owner or operator shall provide 
in the RMP the information indicated in paragraphs (b) through (k) of 
this section. If the same information applies to more than one covered 
process, the owner or operator may provide the information only once, 
but shall indicate to which processes the information applies.
    (b) The SIC code for the process.
    (c) The name(s) of the chemical(s) covered.
    (d) The date of the most recent review or revision of the safety 
information and a list of Federal or state regulations or industry-
specific design codes and standards used to demonstrate compliance with 
the safety information requirement.
    (e) The date of completion of the most recent hazard review or 
update.
    (1) The expected date of completion of any changes resulting from 
the hazard review;
    (2) Major hazards identified;
    (3) Process controls in use;
    (4) Mitigation systems in use;
    (5) Monitoring and detection systems in use; and
    (6) Changes since the last hazard review.
    (f) The date of the most recent review or revision of operating 
procedures.
    (g) The date of the most recent review or revision of training 
programs;
    (1) The type of training provided--classroom, classroom plus on the 
job, on the job; and
    (2) The type of competency testing used.
    (h) The date of the most recent review or revision of maintenance 
procedures and the date of the most recent equipment inspection or test 
and the equipment inspected or tested.
    (i) The date of the most recent compliance audit and the expected 
date of completion of any changes resulting from the compliance audit.
    (j) The date of the most recent incident investigation and the 
expected date of completion of any changes resulting from the 
investigation.
    (k) The date of the most recent change that triggered a review or 
revision of safety information, the hazard review, operating or 
maintenance procedures, or training.

[[Page 1241]]



Sec. 68.175  Prevention program/Program 3.

    (a) For each Program 3 process, the owner or operator shall provide 
the information indicated in paragraphs (b) through (p) of this section. 
If the same information applies to more than one covered process, the 
owner or operator may provide the information only once, but shall 
indicate to which processes the information applies.
    (b) The SIC code for the process.
    (c) The name(s) of the substance(s) covered.
    (d) The date on which the safety information was last reviewed or 
revised.
    (e) The date of completion of the most recent PHA or update and the 
technique used.
    (1) The expected date of completion of any changes resulting from 
the PHA;
    (2) Major hazards identified;
    (3) Process controls in use;
    (4) Mitigation systems in use;
    (5) Monitoring and detection systems in use; and
    (6) Changes since the last PHA.
    (f) The date of the most recent review or revision of operating 
procedures.
    (g) The date of the most recent review or revision of training 
programs;
    (1) The type of training provided--classroom, classroom plus on the 
job, on the job; and
    (2) The type of competency testing used.
    (h) The date of the most recent review or revision of maintenance 
procedures and the date of the most recent equipment inspection or test 
and the equipment inspected or tested.
    (i) The date of the most recent change that triggered management of 
change procedures and the date of the most recent review or revision of 
management of change procedures.
    (j) The date of the most recent pre-startup review.
    (k) The date of the most recent compliance audit and the expected 
date of completion of any changes resulting from the compliance audit;
    (l) The date of the most recent incident investigation and the 
expected date of completion of any changes resulting from the 
investigation;
    (m) The date of the most recent review or revision of employee 
participation plans;
    (n) The date of the most recent review or revision of hot work 
permit procedures;
    (o) The date of the most recent review or revision of contractor 
safety procedures; and
    (p) The date of the most recent evaluation of contractor safety 
performance.



Sec. 68.180  Emergency response program.

    (a) The owner or operator shall provide in the RMP the following 
information:
    (1) Do you have a written emergency response plan?
    (2) Does the plan include specific actions to be taken in response 
to an accidental releases of a regulated substance?
    (3) Does the plan include procedures for informing the public and 
local agencies responsible for responding to accidental releases?
    (4) Does the plan include information on emergency health care?
    (5) The date of the most recent review or update of the emergency 
response plan;
    (6) The date of the most recent emergency response training for 
employees.
    (b) The owner or operator shall provide the name and telephone 
number of the local agency with which the plan is coordinated.
    (c) The owner or operator shall list other Federal or state 
emergency plan requirements to which the stationary source is subject.



Sec. 68.185  Certification.

    (a) For Program 1 processes, the owner or operator shall submit in 
the RMP the certification statement provided in Sec. 68.12(b)(4).
    (b) For all other covered processes, the owner or operator shall 
submit in the RMP a single certification that, to the best of the 
signer's knowledge, information, and belief formed after reasonable 
inquiry, the information submitted is true, accurate, and complete.



Sec. 68.190  Updates.

    (a) The owner or operator shall review and update the RMP as 
specified in paragraph (b) of this section and submit it in a method and 
format to a

[[Page 1242]]

central point specified by EPA prior to June 21, 1999.
    (b) The owner or operator of a stationary source shall revise and 
update the RMP submitted under Sec. 68.150 as follows:
    (1) Within five years of its initial submission or most recent 
update required by paragraphs (b)(2) through (b)(7) of this section, 
whichever is later.
    (2) No later than three years after a newly regulated substance is 
first listed by EPA;
    (3) No later than the date on which a new regulated substance is 
first present in an already covered process above a threshold quantity;
    (4) No later than the date on which a regulated substance is first 
present above a threshold quantity in a new process;
    (5) Within six months of a change that requires a revised PHA or 
hazard review;
    (6) Within six months of a change that requires a revised offsite 
consequence analysis as provided in Sec. 68.36; and
    (7) Within six months of a change that alters the Program level that 
applied to any covered process.
    (c) If a stationary source is no longer subject to this part, the 
owner or operator shall submit a revised registration to EPA within six 
months indicating that the stationary source is no longer covered.



                      Subpart H--Other Requirements

    Source: 61 FR 31728, June 20, 1996, unless otherwise noted.

    Effective Date Note: At 61 FR 31728, June 20, 1996, subpart H was 
added, effective Aug. 19, 1996.



Sec. 68.200  Recordkeeping.

    The owner or operator shall maintain records supporting the 
implementation of this part for five years unless otherwise provided in 
subpart D of this part.



Sec. 68.210  Availability of information to the public.

    (a) The RMP required under subpart G of this part shall be available 
to the public under 42 U.S.C. 7414(c).
    (b) The disclosure of classified information by the Department of 
Defense or other Federal agencies or contractors of such agencies shall 
be controlled by applicable laws, regulations, or executive orders 
concerning the release of classified information.



Sec. 68.215  Permit content and air permitting authority or designated agency requirements.

    (a) These requirements apply to any stationary source subject to 
this part 68 and parts 70 or 71 of this chapter. The 40 CFR part 70 or 
part 71 permit for the stationary source shall contain:
    (1) A statement listing this part as an applicable requirement;
    (2) Conditions that require the source owner or operator to submit:
    (i) A compliance schedule for meeting the requirements of this part 
by the date provided in Sec. 68.10(a) or;
    (ii) As part of the compliance certification submitted under 40 CFR 
70.6(c)(5), a certification statement that the source is in compliance 
with all requirements of this part, including the registration and 
submission of the RMP.
    (b) The owner or operator shall submit any additional relevant 
information requested by the air permitting authority or designated 
agency.
    (c) For 40 CFR part 70 or part 71 permits issued prior to the 
deadline for registering and submitting the RMP and which do not contain 
permit conditions described in paragraph (a) of this section, the owner 
or operator or air permitting authority shall initiate permit revision 
or reopening according to the procedures of 40 CFR 70.7 or 71.7 to 
incorporate the terms and conditions consistent with paragraph (a) of 
this section.
    (d) The state may delegate the authority to implement and enforce 
the requirements of paragraph (e) of this section to a state or local 
agency or agencies other than the air permitting authority. An up-to-
date copy of any delegation instrument shall be maintained by the air 
permitting authority. The state may enter a written agreement with the 
Administrator under which EPA will implement and enforce the 
requirements of paragraph (e) of this section.

[[Page 1243]]

    (e) The air permitting authority or the agency designated by 
delegation or agreement under paragraph (d) of this section shall, at a 
minimum:
    (1) Verify that the source owner or operator has registered and 
submitted an RMP or a revised plan when required by this part;
    (2) Verify that the source owner or operator has submitted a source 
certification or in its absence has submitted a compliance schedule 
consistent with paragraph (a)(2) of this section;
    (3) For some or all of the sources subject to this section, use one 
or more mechanisms such as, but not limited to, a completeness check, 
source audits, record reviews, or facility inspections to ensure that 
permitted sources are in compliance with the requirements of this part; 
and
    (4) Initiate enforcement action based on paragraphs (e)(1) and 
(e)(2) of this section as appropriate.



Sec. 68.220  Audits.

    (a) In addition to inspections for the purpose of regulatory 
development and enforcement of the Act, the implementing agency shall 
periodically audit RMPs submitted under subpart G of this part to review 
the adequacy of such RMPs and require revisions of RMPs when necessary 
to ensure compliance with subpart G of this part.
    (b) The implementing agency shall select stationary sources for 
audits based on any of the following criteria:
    (1) Accident history of the stationary source;
    (2) Accident history of other stationary sources in the same 
industry;
    (3) Quantity of regulated substances present at the stationary 
source;
    (4) Location of the stationary source and its proximity to the 
public and environmental receptors;
    (5) The presence of specific regulated substances;
    (6) The hazards identified in the RMP; and
    (7) A plan providing for neutral, random oversight.
    (c) Exemption from audits. A stationary source with a Star or Merit 
ranking under OSHA's voluntary protection program shall be exempt from 
audits under paragraph (b)(2) and (b)(7) of this section.
    (d) The implementing agency shall have access to the stationary 
source, supporting documentation, and any area where an accidental 
release could occur.
    (e) Based on the audit, the implementing agency may issue the owner 
or operator of a stationary source a written preliminary determination 
of necessary revisions to the stationary source's RMP to ensure that the 
RMP meets the criteria of subpart G of this part. The preliminary 
determination shall include an explanation for the basis for the 
revisions, reflecting industry standards and guidelines (such as AIChE/
CCPS guidelines and ASME and API standards) to the extent that such 
standards and guidelines are applicable, and shall include a timetable 
for their implementation.
    (f) Written response to a preliminary determination. (1) The owner 
or operator shall respond in writing to a preliminary determination made 
in accordance with paragraph (e) of this section. The response shall 
state the owner or operator will implement the revisions contained in 
the preliminary determination in accordance with the timetable included 
in the preliminary determination or shall state that the owner or 
operator rejects the revisions in whole or in part. For each rejected 
revision, the owner or operator shall explain the basis for rejecting 
such revision. Such explanation may include substitute revisions.
    (2) The written response under paragraph (f)(1) of this section 
shall be received by the implementing agency within 90 days of the issue 
of the preliminary determination or a shorter period of time as the 
implementing agency specifies in the preliminary determination as 
necessary to protect public health and the environment. Prior to the 
written response being due and upon written request from the owner or 
operator, the implementing agency may provide in writing additional time 
for the response to be received.
    (g) After providing the owner or operator an opportunity to respond 
under paragraph (f) of this section, the implementing agency may issue 
the owner

[[Page 1244]]

or operator a written final determination of necessary revisions to the 
stationary source's RMP. The final determination may adopt or modify the 
revisions contained in the preliminary determination under paragraph (e) 
of this section or may adopt or modify the substitute revisions provided 
in the response under paragraph (f) of this section. A final 
determination that adopts a revision rejected by the owner or operator 
shall include an explanation of the basis for the revision. A final 
determination that fails to adopt a substitute revision provided under 
paragraph (f) of this section shall include an explanation of the basis 
for finding such substitute revision unreasonable.
    (h) Thirty days after completion of the actions detailed in the 
implementation schedule set in the final determination under paragraph 
(g) of this section, the owner or operator shall be in violation of 
subpart G of this part and this section unless the owner or operator 
revises the RMP prepared under subpart G of this part as required by the 
final determination, and submits the revised RMP as required under 
Sec. 68.150.
    (i) The public shall have access to the preliminary determinations, 
responses, and final determinations under this section in a manner 
consistent with Sec. 68.210.
    (j) Nothing in this section shall preclude, limit, or interfere in 
any way with the authority of EPA or the state to exercise its 
enforcement, investigatory, and information gathering authorities 
concerning this part under the Act.

[[Page 1245]]

Pt. 68, App. A

                                 Appendix A to Part 68--Table of Toxic Endpoints                                
                                    [As defined in Sec.  68.22 of this part]                                    
----------------------------------------------------------------------------------------------------------------
                                                                                                        Toxic   
                   CAS No.                                        Chemical name                     endpoint (mg/
                                                                                                         L)     
----------------------------------------------------------------------------------------------------------------
107-02-8.....................................  Acrolein [2-Propenal]..............................       0.0011 
107-13-1.....................................  Acrylonitrile [2-Propenenitrile]...................       0.076  
814-68-6.....................................  Acrylyl chloride [2-Propenoyl chloride]............       0.00090
107-18-6.....................................  Allyl alcohol [2-Propen-1-ol]......................       0.036  
107-11-9.....................................  Allylamine [2-Propen-1-amine]......................       0.0032 
7664-41-7....................................  Ammonia (anhydrous)................................       0.14   
7664-41-7....................................  Ammonia (conc 20% or greater)......................       0.14   
7784-34-1....................................  Arsenous trichloride...............................       0.010  
7784-42-1....................................  Arsine.............................................       0.0019 
10294-34-5...................................  Boron trichloride [Borane, trichloro-].............       0.010  
7637-07-2....................................  Boron trifluoride [Borane, trifluoro-].............       0.028  
353-42-4.....................................  Boron trifluoride compound with methyl ether (1:1)        0.023  
                                                [Boron, trifluoro[oxybis[methane]]-, T-4.                       
7726-95-6....................................  Bromine............................................       0.0065 
75-15-0......................................  Carbon disulfide...................................       0.16   
7782-50-5....................................  Chlorine...........................................       0.0087 
10049-04-4...................................  Chlorine dioxide [Chlorine oxide (ClO2)]...........       0.0028 
67-66-3......................................  Chloroform [Methane, trichloro-]...................       0.49   
542-88-1.....................................  Chloromethyl ether [Methane, oxybis[chloro-].......       0.00025
107-30-2.....................................  Chloromethyl methyl ether [Methane, chloromethoxy-]       0.0018 
4170-30-3....................................  Crotonaldehyde [2-Butenal].........................       0.029  
123-73-9.....................................  Crotonaldehyde, (E)-, [2-Butenal, (E)-]............       0.029  
506-77-4.....................................  Cyanogen chloride..................................       0.030  
108-91-8.....................................  Cyclohexylamine [Cyclohexanamine]..................       0.16   
19287-45-7...................................  Diborane...........................................       0.0011 
75-78-5......................................  Dimethyldichlorosilane [Silane, dichlorodimethyl-].       0.026  
57-14-7......................................  1,1-Dimethylhydrazine [Hydrazine, 1,1-dimethyl-]...       0.012  
106-89-8.....................................  Epichlorohydrin [Oxirane, (chloromethyl)-].........       0.076  
107-15-3.....................................  Ethylenediamine [1,2-Ethanediamine]................       0.49   
151-56-4.....................................  Ethyleneimine [Aziridine]..........................       0.018  
75-21-8......................................  Ethylene oxide [Oxirane]...........................       0.090  
7782-41-4....................................  Fluorine...........................................       0.0039 
50-00-0......................................  Formaldehyde (solution)............................       0.012  
110-00-9.....................................  Furan..............................................       0.0012 
302-01-2.....................................  Hydrazine..........................................       0.011  
7647-01-0....................................  Hydrochloric acid (conc 30% or greater)............       0.030  
74-90-8......................................  Hydrocyanic acid...................................       0.011  
7647-01-0....................................  Hydrogen chloride (anhydrous) [Hydrochloric acid]..       0.030  
7664-39-3....................................  Hydrogen fluoride/Hydrofluoric acid (conc 50% or          0.016  
                                                greater) [Hydrofluoric acid].                                   
7783-07-5....................................  Hydrogen selenide..................................       0.00066
7783-06-4....................................  Hydrogen sulfide...................................       0.042  
13463-40-6...................................  Iron, pentacarbonyl- [Iron carbonyl (Fe(CO)5), (TB-       0.00044
                                                5-11)-].                                                        
78-82-0......................................  Isobutyronitrile [Propanenitrile, 2-methyl-].......       0.14   
108-23-6.....................................  Isopropyl chloroformate [Carbonochloride acid, 1-         0.10   
                                                methylethyl ester].                                             

[[Page 1246]]

                                                                                                                
126-98-7.....................................  Methacrylonitrile [2-Propenenitrile, 2-methyl-]....       0.0027 
74-87-3......................................  Methyl chloride [Methane, chloro-].................       0.82   
79-22-1......................................  Methyl chloroformate [Carbonochloridic acid,              0.0019 
                                                methylester].                                                   
60-34-4......................................  Methyl hydrazine [Hydrazine, methyl-]..............       0.0094 
624-83-9.....................................  Methyl isocyanate [Methane, isocyanato-]...........       0.0012 
74-93-1......................................  Methyl mercaptan [Methanethiol]....................       0.049  
556-64-9.....................................  Methyl thiocyanate [Thiocyanic acid, methyl ester].       0.085  
75-79-6......................................  Methyltrichlorosilane [Silane, trichloromethyl-]...       0.018  
13463-39-3...................................  Nickel carbonyl....................................       0.00067
7697-37-2....................................  Nitric acid (conc 80% or greater)..................       0.026  
10102-43-9...................................  Nitric oxide [Nitrogen oxide (NO)].................       0.031  
8014-95-7....................................  Oleum (Fuming Sulfuric acid) [Sulfuric acid,              0.010  
                                                mixture with sulfur trioxide].                                  
79-21-0......................................  Peracetic acid [Ethaneperoxoic acid]...............       0.0045 
594-42-3.....................................  Perchloromethylmercaptan [Methanesulfenyl chloride,       0.0076 
                                                trichloro-].                                                    
75-44-5......................................  Phosgene [Carbonic dichloride].....................       0.00081
7803-51-2....................................  Phosphine..........................................       0.0035 
10025-87-3...................................  Phosphorus oxychloride [Phosphoryl chloride].......       0.0030 
7719-12-2....................................  Phosphorus trichloride [Phosphorous trichloride]...       0.028  
110-89-4.....................................  Piperidine.........................................       0.022  
107-12-0.....................................  Propionitrile [Propanenitrile].....................       0.0037 
109-61-5.....................................  Propyl chloroformate [Carbonochloridic acid,              0.010  
                                                propylester].                                                   
75-55-8......................................  Propyleneimine [Aziridine, 2-methyl-]..............       0.12   
75-56-9......................................  Propylene oxide [Oxirane, methyl-].................       0.59   
7446-09-5....................................  Sulfur dioxide (anhydrous).........................       0.0078 
7783-60-0....................................  Sulfur tetrafluoride [Sulfur fluoride (SF4), (T-4)-       0.0092 
                                                ].                                                              
7446-11-9....................................  Sulfur trioxide....................................       0.010  
75-74-1......................................  Tetramethyllead [Plumbane, tetramethyl-]...........       0.0040 
509-14-8.....................................  Tetranitromethane [Methane, tetranitro-]...........       0.0040 
7750-45-0....................................  Titanium tetrachloride [Titanium chloride (TiCl4)         0.020  
                                                (T-4)-].                                                        
584-84-9.....................................  Toluene 2,4-diisocyanate [Benzene, 2,4-diisocyanato-      0.0070 
                                                1-methyl-].                                                     
91-08-7......................................  Toluene 2,6-diisocyanate [Benzene, 1,3-diisocyanato-      0.0070 
                                                2-methyl-].                                                     
26471-62-5...................................  Toluene diisocyanate (unspecified isomer) [Benzene,       0.0070 
                                                1,3-diisocyanatomethyl-].                                       
75-77-4......................................  Trimethylchlorosilane [Silane, chlorotrimethyl-]...       0.050  
108-05-4.....................................  Vinyl acetate monomer [Acetic acid ethenyl ester]..       0.26   
----------------------------------------------------------------------------------------------------------------



[[Page 1247]]

[61 FR 31729, June 20, 1996]

    Effective Date Note: At 61 FR 31729, June 20, 1996, appendix A was 
added to part 68, effective Aug. 19, 1996.



PART 69--SPECIAL EXEMPTIONS FROM REQUIREMENTS OF THE CLEAN AIR ACT--Table of Contents




                             Subpart A--Guam

Sec.
69.11  New exemptions.
69.12  Continuing exemptions.

                  Subpart B--American Samoa [Reserved]

69.21  New exemptions. [Reserved]

   Subpart C--Commonwealth of the Northern Mariana Islands [Reserved]

69.31  New exemptions. [Reserved]

    Authority: Sec. 325, Clean Air Act, as amended (42 U.S.C. 7625-1).

    Source: 50 FR 25577, June 20, 1985, unless otherwise noted.



                             Subpart A--Guam



Sec. 69.11  New exemptions.

    (a) Pursuant to section 325(a) of the Clean Air Act (``CAA'') and a 
petition submitted by the Governor of Guam (``Petition''), the 
Administrator of the Environmental Protection Agency (``EPA'') 
conditionally exempts electric generating units on Guam from certain CAA 
requirements.
    (1) A waiver of the requirement to obtain a prevention of 
significant deterioration (``PSD'') permit prior to construction is 
granted for the electric generating units identified in the Petition as 
Cabras Diesel No. 1, the Tenjo project, and three 6-megawatt diesel 
generators to be constructed at Orote, with the following conditions:
    (i) Each electric generating unit shall not be operated until a 
final PSD permit is issued for that unit;
    (ii) Each electric generating unit shall not be operated until that 
unit complies with all requirements of its PSD permit, including, if 
necessary, retrofitting with the best available control technology 
(``BACT'');
    (iii) The PSD application for each electric generating unit shall be 
deemed complete without the submittal of the required one year of on-
site meteorological data, however, EPA will not issue a PSD permit to 
such a unit prior to submission of such data or data which the EPA finds 
to be an equivalent and acceptable substitute; and
    (iv) If any electric generating unit covered by this paragraph is 
operated either prior to the issuance of a final PSD permit or without 
BACT equipment, that electric generating unit shall be deemed in 
violation of this waiver and the CAA beginning on the date of 
commencement of construction of that unit.
    (2) A waiver of the three nonattainment area requirements (a 
construction ban, the use of lowest achievable emission rate control 
equipment, and emission offset requirements) currently applicable to the 
Cabras-Piti area is granted for electric generating units with the 
following conditions:
    (i) A tower and meteorological station shall be constructed in the 
Cabras-Piti area by May 1, 1993;
    (ii) Meteorological data shall be collected from the Cabras-Piti 
station which is sufficient to run air quality models both to 
demonstrate no current exceedences of the primary national ambient air 
quality standard for sulfur dioxide (``sulfur dioxide NAAQS''), as set 
forth at 40 CFR 50.4, and sufficient to submit a complete request for 
redesignation of the area to attainment;
    (iii) Ambient sulfur dioxide monitors shall be installed and 
operated in accordance with the procedures set forth at 40 CFR part 58, 
the PSD air monitoring requirements, and any additional monitoring 
requested by EPA to verify the efficacy of the intermittent control 
strategy (``ICS'') of fuel switching;
    (iv) Within three years from the effective date of this waiver, the 
Governor of Guam shall submit to the EPA a complete request that the 
Cabras-Piti area be redesignated to attainment for the sulfur dioxide 
NAAQS;
    (v) Electric generating units to be constructed in the Cabras-Piti 
area must submit applications for PSD permits as though the area had 
been redesignated to attainment for the sulfur dioxide NAAQS;
    (vi) The Cabras-Piti area electric generating units shall comply 
with the

[[Page 1248]]

fuel switching ICS described in paragraph (a)(3)(i) of this section;
    (vii) If the collected data and air quality analysis does not 
demonstrate to the EPA's satisfaction that there are no current or 
likely future exceedences of the sulfur dioxide NAAQS, the EPA will so 
notify the Governor of Guam;
    (viii) Within six months of such notification, the Governor of Guam 
shall submit to the EPA an implementation plan which includes a schedule 
of emission reductions and/or control measures that will ensure 
achievement of the sulfur dioxide NAAQS within one year of submission of 
the implementation plan; and
    (ix) If the Governor of Guam fails to submit an implementation plan 
in a timely fashion, or if EPA disapproves that implementation plan, all 
electric generating units subject to the fuel switching ICS described in 
paragraph (a)(3)(i) of this section shall be fueled exclusively with low 
sulfur fuel.
    (3) A waiver of the prohibition on the use of the ICS of fuel 
switching is granted for electric generating units with the following 
conditions:
    (i) The protocol to be followed for the ICS of fuel switching for 
electric generating units shall be the one set forth in a separate EPA 
document entitled Cabras-Piti Area Intermittent Control Strategy; and
    (ii) This protocol may be modified by the EPA to protect against 
exceedences of the sulfur dioxide NAAQS and to accommodate additional 
electric generating units.
    (b) The waiver will be periodically reviewed (at intervals no longer 
than three years) and, as deemed appropriate by the Administrator, can 
be modified or terminated at any time through rulemaking procedures.
    (c) Pursuant to Section 325(a) of the CAA and a petition submitted 
by the Governor of Guam on July 14, 1995 (``1995 Petition''), the 
Administrator of EPA conditionally exempts Guam Power Authority 
(``GPA'') from certain CAA requirements.
    (1) A waiver of the requirement to obtain a PSD permit prior to 
construction is granted for the electric generating unit identified in 
the 1995 Petition as Cabras Unit No. 4, with the following conditions:
    (i) Cabras Unit No. 4 shall not operate until a final PSD permit is 
received by GPA for this unit;
    (ii) Cabras Unit No. 4 shall not operate until it complies with all 
requirements of its PSD permit, including, if necessary, retrofitting 
with BACT;
    (iii) If Cabras Unit No. 4 operates either prior to the issuance of 
a final PSD permit or without BACT equipment, Cabras Unit No. 4 shall be 
deemed in violation of this waiver and the CAA beginning on the date of 
commencement of construction of the unit.
    (2) A waiver of the requirement to obtain a PSD permit prior to the 
operation of the unit identified in the 1995 Petition as Cabras Unit No. 
3 is granted subject to the following conditions:
    (i) The protocol to be followed for the ICS of fuel switching for 
electric generating units shall be modified to require the use of fuel 
oil with a sulfur content of 2.00 percent or less during offshore wind 
conditions. This fuel shall be fired in Cabras Power Plant Units Nos. 1 
through 3 and in Piti Power Plant Units Nos. 4 and 5.
    (ii) Cabras Unit No. 3 shall operate in compliance with all 
applicable requirements in its permits to construct and to operate as 
issued by Guam Environmental Protection Agency.
    (iii) The waiver provisions allowing Cabras Unit No. 3 to operate 
prior to issuance of a PSD permit shall expire on August 15, 1996, or 
upon the receipt by GPA of a PSD permit for Cabras Unit No. 3, whichever 
event occurs first.
    (3) On or before October 15, 1995, GPA shall submit to EPA, Region 
IX, a report concerning the operation of Cabras Unit No. 3 and the 
construction of Cabras Unit No. 4. The report shall contain:
    (i) A summary of GPA's conclusions from its wind tunnel study;
    (ii) A description of the alternatives available to assure 
compliance with all air quality requirements, including PSD 
requirements, during the operation of Cabras Units Nos. 3 and 4;
    (iii) A description of the alternative GPA chooses to assure 
compliance with all air quality requirements, including

[[Page 1249]]

PSD requirements, during the operation of Cabras Units Nos. 3 and 4; and
    (iv) A plan of implementation by GPA.

[58 FR 43043, Aug. 12, 1993, as amended at 60 FR 48038, Sept. 18, 1995]



Sec. 69.12  Continuing exemptions.

    (a) Effective on the expiration date of the initial eighteen month 
exemption provided under section 325(b) of ``the Act'', the 
Administrator of the Environmental Protection Agency (EPA) exempts the 
Guam Power Authority's two sixty-six megawatt oil-fired steam units 
which comprise the Cabras Power Plant from sulfur dioxide requirements 
associated with New Source Performance Standards (NSPS) under section 
111 of the Clean Air Act and from the related NSPS limitation on sulfur 
dioxide emissions contained in the Guam SIP.
    (b) The exemption will be reviewed at intervals and upon occasions 
to be specified by EPA (not longer than 2 years), allowing EPA to 
determine whether the factual circumstances upon which it is based, 
including commitments made by GPA in the application for extension and 
the continuing attainment of the National Ambient Air Quality Standards 
(NAAQS) for Sulfur Dioxide, have changed. The commitments include 
reporting requirements specified by the Guam Environmental Protection 
Agency (GEPA), including but not limited to strict implementation of 
both the monitoring (wind direction and ambient SO2 concentration) 
and fuel switching portions of the control strategy, reporting to GEPA 
of all applications of the strategy, and reporting to GEPA of laboratory 
analyses of percent sulfur in all new fuel stocks acquired GPA. A 
finding by EPA that the source is not in compliance with the terms of 
the exemption will be grounds for enforcement of the terms of the 
exemption under section 113. A finding by EPA that factual circumstances 
have changed will be grounds for revocation of the exemption and 
enforcement of the underlying Clean Air Act requirements.
    (c) It is a condition of this action that GPA provide to EPA a copy 
of any GPA application for rate changes or for commercial credit for 
construction or replacement of capital assets, simultaneously with 
submission of such application to the rate making authority or 
commercial credit institution. No later than the 90th day after a 
finding by EPA that the circumstances upon which the determination for 
continuing the exemption was originally made have changed, this 
exemption shall terminate unless within that time GPA submits 
information that it is taking all practicable steps to comply with NSPS 
and SIP requirements related to SO2. EPA shall review such 
information under the procedures it has established and shall, as 
appropriate, extend or terminate the exemption.



                  Subpart B--American Samoa [Reserved]

Sec. 69.21  New exemptions. [Reserved]



   Subpart C--Commonwealth of the Northern Mariana Islands [Reserved]

Sec. 69.31  New exemptions. [Reserved]



PART 70--STATE OPERATING PERMIT PROGRAMS--Table of Contents




Sec.
70.1  Program overview.
70.2  Definitions.
70.3  Applicability.
70.4  State program submittals and transition.
70.5  Permit applications.
70.6  Permit content.
70.7  Permit issuance, renewal, reopenings, and revisions.
70.8  Permit review by the EPA and affected States.
70.9  Fee determination and certification.
70.10  Federal oversight and sanctions.
70.11  Requirements for enforcement authority.

Appendix A to Part 70--Approval Status of State and Local Operating 
          Permits Programs

    Authority: 42 U.S.C. 7401, et seq.

    Source: 57 FR 32295, July 21, 1992, unless otherwise noted.



Sec. 70.1  Program overview.

    (a) The regulations in this part provide for the establishment of 
comprehensive State air quality permitting

[[Page 1250]]

systems consistent with the requirements of title V of the Clean Air Act 
(Act) (42 U.S.C. 7401, et seq.). These regulations define the minimum 
elements required by the Act for State operating permit programs and the 
corresponding standards and procedures by which the Administrator will 
approve, oversee, and withdraw approval of State operating permit 
programs.
    (b) All sources subject to these regulations shall have a permit to 
operate that assures compliance by the source with all applicable 
requirements. While title V does not impose substantive new 
requirements, it does require that fees be imposed on sources and that 
certain procedural measures be adopted especially with respect to 
compliance.
    (c) Nothing in this part shall prevent a State, or interstate 
permitting authority, from establishing additional or more stringent 
requirements not inconsistent with this Act. The EPA will approve State 
program submittals to the extent that they are not inconsistent with the 
Act and these regulations. No permit, however, can be less stringent 
than necessary to meet all applicable requirements. In the case of 
Federal intervention in the permit process, the Administrator reserves 
the right to implement the State operating permit program, in whole or 
in part, or the Federal program contained in regulations promulgated 
under title V of the Act.
    (d) The requirements of part 70, including provisions regarding 
schedules for submission and approval or disapproval of permit 
applications, shall apply to the permitting of affected sources under 
the acid rain program, except as provided herein or modified in 
regulations promulgated under title IV of the Act (acid rain program).
    (e) Issuance of State permits under this part may be coordinated 
with issuance of permits under the Resource Conservation and Recovery 
Act and under the Clean Water Act, whether issued by the State, the U.S. 
Environmental Protection Agency (EPA), or the U.S. Army Corps of 
Engineers.



Sec. 70.2  Definitions.

    The following definitions apply to part 70. Except as specifically 
provided in this section, terms used in this part retain the meaning 
accorded them under the applicable requirements of the Act.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
    Affected source shall have the meaning given to it in the 
regulations promulgated under title IV of the Act.
    Affected States are all States:
    (1) Whose air quality may be affected and that are contiguous to the 
State in which a part 70 permit, permit modification or permit renewal 
is being proposed; or
    (2) That are within 50 miles of the permitted source.
    Affected unit shall have the meaning given to it in the regulations 
promulgated under title IV of the Act.
    Applicable requirement means all of the following as they apply to 
emissions units in a part 70 source (including requirements that have 
been promulgated or approved by EPA through rulemaking at the time of 
issuance but have future-effective compliance dates):
    (1) Any standard or other requirement provided for in the applicable 
implementation plan approved or promulgated by EPA through rulemaking 
under title I of the Act that implements the relevant requirements of 
the Act, including any revisions to that plan promulgated in part 52 of 
this chapter;
    (2) Any term or condition of any preconstruction permits issued 
pursuant to regulations approved or promulgated through rulemaking under 
title I, including parts C or D, of the Act;
    (3) Any standard or other requirement under section 111 of the Act, 
including section 111(d);
    (4) Any standard or other requirement under section 112 of the Act, 
including any requirement concerning accident prevention under section 
112(r)(7) of the Act;
    (5) Any standard or other requirement of the acid rain program under 
title IV of the Act or the regulations promulgated thereunder;
    (6) Any requirements established pursuant to section 504(b) or 
section 114(a)(3) of the Act;

[[Page 1251]]

    (7) Any standard or other requirement governing solid waste 
incineration, under section 129 of the Act;
    (8) Any standard or other requirement for consumer and commercial 
products, under section 183(e) of the Act;
    (9) Any standard or other requirement for tank vessels under section 
183(f) of the Act;
    (10) Any standard or other requirement of the program to control air 
pollution from outer continental shelf sources, under section 328 of the 
Act;
    (11) Any standard or other requirement of the regulations 
promulgated to protect stratospheric ozone under title VI of the Act, 
unless the Administrator has determined that such requirements need not 
be contained in a title V permit; and
    (12) Any national ambient air quality standard or increment or 
visibility requirement under part C of title I of the Act, but only as 
it would apply to temporary sources permitted pursuant to section 504(e) 
of the Act.
    Designated representative shall have the meaning given to it in 
section 402(26) of the Act and the regulations promulgated thereunder.
    Draft permit means the version of a permit for which the permitting 
authority offers public participation under Sec. 70.7(h) or affected 
State review under Sec. 70.8 of this part.
    Emissions allowable under the permit means a federally enforceable 
permit term or condition determined at issuance to be required by an 
applicable requirement that establishes an emissions limit (including a 
work practice standard) or a federally enforceable emissions cap that 
the source has assumed to avoid an applicable requirement to which the 
source would otherwise be subject.
    Emissions unit means any part or activity of a stationary source 
that emits or has the potential to emit any regulated air pollutant or 
any pollutant listed under section 112(b) of the Act. This term is not 
meant to alter or affect the definition of the term ``unit'' for 
purposes of title IV of the Act.
    The EPA or the Administrator means the Administrator of the EPA or 
his designee.
    Final permit means the version of a part 70 permit issued by the 
permitting authority that has completed all review procedures required 
by Secs. 70.7 and 70.8 of this part.
    Fugitive emissions are those emissions which could not reasonably 
pass through a stack, chimney, vent, or other functionally-equivalent 
opening.
    General permit means a part 70 permit that meets the requirements of 
Sec. 70.6(d).
    Major source means any stationary source (or any group of stationary 
sources that are located on one or more contiguous or adjacent 
properties, and are under common control of the same person (or persons 
under common control)) belonging to a single major industrial grouping 
and that are described in paragraph (1), (2), or (3) of this definition. 
For the purposes of defining ``major source,'' a stationary source or 
group of stationary sources shall be considered part of a single 
industrial grouping if all of the pollutant emitting activities at such 
source or group of sources on contiguous or adjacent properties belong 
to the same Major Group (i.e., all have the same two-digit code) as 
described in the Standard Industrial Classification Manual, 1987.
    (1) A major source under section 112 of the Act, which is defined 
as:
    (i) For pollutants other than radionuclides, any stationary source 
or group of stationary sources located within a contiguous area and 
under common control that emits or has the potential to emit, in the 
aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant 
which has been listed pursuant to section 112(b) of the Act, 25 tpy or 
more of any combination of such hazardous air pollutants, or such lesser 
quantity as the Administrator may establish by rule. Notwithstanding the 
preceding sentence, emissions from any oil or gas exploration or 
production well (with its associated equipment) and emissions from any 
pipeline compressor or pump station shall not be aggregated with 
emissions from other similar units, whether or not such units are in a 
contiguous area or under common control, to determine whether such units 
or stations are major sources; or

[[Page 1252]]

    (ii) For radionuclides, ``major source'' shall have the meaning 
specified by the Administrator by rule.
    (2) A major stationary source of air pollutants, as defined in 
section 302 of the Act, that directly emits or has the potential to 
emit, 100 tpy or more of any air pollutant (including any major source 
of fugitive emissions of any such pollutant, as determined by rule by 
the Administrator). The fugitive emissions of a stationary source shall 
not be considered in determining whether it is a major stationary source 
for the purposes of section 302(j) of the Act, unless the source belongs 
to one of the following categories of stationary source:
    (i) Coal cleaning plants (with thermal dryers);
    (ii) Kraft pulp mills;
    (iii) Portland cement plants;
    (iv) Primary zinc smelters;
    (v) Iron and steel mills;
    (vi) Primary aluminum ore reduction plants;
    (vii) Primary copper smelters;
    (viii) Municipal incinerators capable of charging more than 250 tons 
of refuse per day;
    (ix) Hydrofluoric, sulfuric, or nitric acid plants;
    (x) Petroleum refineries;
    (xi) Lime plants;
    (xii) Phosphate rock processing plants;
    (xiii) Coke oven batteries;
    (xiv) Sulfur recovery plants;
    (xv) Carbon black plants (furnace process);
    (xvi) Primary lead smelters;
    (xvii) Fuel conversion plants;
    (xviii) Sintering plants;
    (xix) Secondary metal production plants;
    (xx) Chemical process plants;
    (xxi) Fossil-fuel boilers (or combination thereof) totaling more 
than 250 million British thermal units per hour heat input;
    (xxii) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (xxiii) Taconite ore processing plants;
    (xxiv) Glass fiber processing plants;
    (xxv) Charcoal production plants;
    (xxvi) Fossil-fuel-fired steam electric plants of more than 250 
million British thermal units per hour heat input; or
    (xxvii) All other stationary source categories regulated by a 
standard promulgated under section 111 or 112 of the Act, but only with 
respect to those air pollutants that have been regulated for that 
category;
    (3) A major stationary source as defined in part D of title I of the 
Act, including:
    (i) For ozone nonattainment areas, sources with the potential to 
emit 100 tpy or more of volatile organic compounds or oxides of nitrogen 
in areas classified as ``marginal'' or ``moderate,'' 50 tpy or more in 
areas classified as ``serious,'' 25 tpy or more in areas classified as 
``severe,'' and 10 tpy or more in areas classified as ``extreme''; 
except that the references in this paragraph to 100, 50, 25 and 10 tpy 
of nitrogen oxides shall not apply with respect to any source for which 
the Administrator has made a finding, under section 182(f) (1) or (2) of 
the Act, that requirements under section 182(f) of the Act do not apply;
    (ii) For ozone transport regions established pursuant to section 184 
of the Act, sources with the potential to emit 50 tpy or more of 
volatile organic compounds;
    (iii) For carbon monoxide nonattainment areas:
    (A) That are classified as ``serious,'' and
    (B) in which stationary sources contribute significantly to carbon 
monoxide levels as determined under rules issued by the Administrator, 
sources with the potential to emit 50 tpy or more of carbon monoxide; 
and
    (iv) For particulate matter (PM-10) nonattainment areas classified 
as ``serious,'' sources with the potential to emit 70 tpy or more of PM-
10.
    Part 70 permit or permit (unless the context suggests otherwise) 
means any permit or group of permits covering a part 70 source that is 
issued, renewed, amended, or revised pursuant to this part.
    Part 70 program or State program means a program approved by the 
Administrator under this part.
    Part 70 source means any source subject to the permitting 
requirements of

[[Page 1253]]

this part, as provided in Sec. Sec. 70.3(a) and 70.3(b) of this part.
    Permit modification means a revision to a part 70 permit that meets 
the requirements of Sec. 70.7(e) of this part.
    Permit program costs means all reasonable (direct and indirect) 
costs required to develop and administer a permit program, as set forth 
in Sec. 70.9(b) of this part (whether such costs are incurred by the 
permitting authority or other State or local agencies that do not issue 
permits directly, but that support permit issuance or administration).
    Permit revision means any permit modification or administrative 
permit amendment.
    Permitting authority means either of the following:
    (1) The Administrator, in the case of EPA-implemented programs; or
    (2) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under this part.
    Potential to emit means the maximum capacity of a stationary source 
to emit any air pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of a source to emit 
an air pollutant, including air pollution control equipment and 
restrictions on hours of operation or on the type or amount of material 
combusted, stored, or processed, shall be treated as part of its design 
if the limitation is enforceable by the Administrator. This term does 
not alter or affect the use of this term for any other purposes under 
the Act, or the term ``capacity factor'' as used in title IV of the Act 
or the regulations promulgated thereunder.
    Proposed permit means the version of a permit that the permitting 
authority proposes to issue and forwards to the Administrator for review 
in compliance with Sec. 70.8.
    Regulated air pollutant means the following:
    (1) Nitrogen oxides or any volatile organic compounds;
    (2) Any pollutant for which a national ambient air quality standard 
has been promulgated;
    (3) Any pollutant that is subject to any standard promulgated under 
section 111 of the Act;
    (4) Any Class I or II substance subject to a standard promulgated 
under or established by title VI of the Act; or
    (5) Any pollutant subject to a standard promulgated under section 
112 or other requirements established under section 112 of the Act, 
including sections 112(g), (j), and (r) of the Act, including the 
following:
    (i) Any pollutant subject to requirements under section 112(j) of 
the Act. If the Administrator fails to promulgate a standard by the date 
established pursuant to section 112(e) of the Act, any pollutant for 
which a subject source would be major shall be considered to be 
regulated on the date 18 months after the applicable date established 
pursuant to section 112(e) of the Act; and
    (ii) Any pollutant for which the requirements of section 112(g)(2) 
of the Act have been met, but only with respect to the individual source 
subject to section 112(g)(2) requirement.
    Regulated pollutant (for presumptive fee calculation), which is used 
only for purposes of Sec. 70.9(b)(2), means any ``regulated air 
pollutant'' except the following:
    (1) Carbon monoxide;
    (2) Any pollutant that is a regulated air pollutant solely because 
it is a Class I or II substance to a standard promulgated under or 
established by title VI of the Act; or
    (3) Any pollutant that is a regulated air pollutant solely because 
it is subject to a standard or regulation under section 112(r) of the 
Act.
    Renewal means the process by which a permit is reissued at the end 
of its term.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:

[[Page 1254]]

    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representatives is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected sources:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under title IV of the Act or the 
regulations promulgated thereunder are concerned; and
    (ii) The designated representative for any other purposes under part 
70.
    Section 502(b)(10) changes are changes that contravene an express 
permit term. Such changes do not include changes that would violate 
applicable requirements or contravene federally enforceable permit terms 
and conditions that are monitoring (including test methods), 
recordkeeping, reporting, or compliance certification requirements.
    State means any non-Federal permitting authority, including any 
local agency, interstate association, or statewide program. The term 
``State'' also includes the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. Where such meaning is 
clear from the context, ``State'' shall have its conventional meaning. 
For purposes of the acid rain program, the term ``State'' shall be 
limited to authorities within the 48 contiguous States and the District 
of Columbia as provided in section 402(14) of the Act.
    Stationary source means any building, structure, facility, or 
installation that emits or may emit any regulated air pollutant or any 
pollutant listed under section 112(b) of the Act.
    Whole program means a part 70 permit program, or any combination of 
partial programs, that meet all the requirements of these regulations 
and cover all the part 70 sources in the entire State. For the purposes 
of this definition, the term ``State'' does not include local permitting 
authorities, but refers only to the entire State, Commonwealth, or 
Territory.



Sec. 70.3  Applicability.

    (a) Part 70 sources. A State program with whole or partial approval 
under this part must provide for permitting of at least the following 
sources:
    (1) Any major source;
    (2) Any source, including an area source, subject to a standard, 
limitation, or other requirement under section 111 of the Act;
    (3) Any source, including an area source, subject to a standard or 
other requirement under section 112 of the Act, except that a source is 
not required to obtain a permit solely because it is subject to 
regulations or requirements under section 112(r) of this Act;
    (4) Any affected source; and
    (5) Any source in a source category designated by the Administrator 
pursuant to this section.
    (b) Source category exemptions. (1) All sources listed in paragraph 
(a) of this section that are not major sources, affected sources, or 
solid waste incineration units required to obtain a permit pursuant to 
section 129(e) of the Act, may be exempted by the State from the 
obligation to obtain a part 70 permit until such time as the 
Administrator completes a rulemaking to determine how the program should 
be structured for nonmajor sources and the appropriateness of any 
permanent exemptions in addition to those provided for in paragraph 
(b)(4) of this section.
    (2) In the case of nonmajor sources subject to a standard or other 
requirement under either section 111 or section 112 of the Act after 
July 21, 1992 publication, the Administrator will determine whether to 
exempt any or all such applicable sources from the requirement to obtain 
a part 70 permit at

[[Page 1255]]

the time that the new standard is promulgated.
    (3) Any source listed in paragraph (a) of this section exempt from 
the requirement to obtain a permit under this section may opt to apply 
for a permit under a part 70 program.
    (4) Unless otherwise required by the State to obtain a part 70 
permit, the following source categories are exempted from the obligation 
to obtain a part 70 permit:
    (i) All sources and source categories that would be required to 
obtain a permit solely because they are subject to part 60, subpart 
AAA--Standards of Performance for New Residential Wood Heaters; and
    (ii) All sources and source categories that would be required to 
obtain a permit solely because they are subject to part 61, subpart M--
National Emission Standard for Hazardous Air Pollutants for Asbestos, 
Sec. 61.145, Standard for Demolition and Renovation.
    (c) Emissions units and part 70 sources. (1) For major sources, the 
permitting authority shall include in the permit all applicable 
requirements for all relevant emissions units in the major source.
    (2) For any nonmajor source subject to the part 70 program under 
paragraph (a) or (b) of this section, the permitting authority shall 
include in the permit all applicable requirements applicable to 
emissions units that cause the source to be subject to the part 70 
program.
    (d) Fugitive emissions. Fugitive emissions from a part 70 source 
shall be included in the permit application and the part 70 permit in 
the same manner as stack emissions, regardless of whether the source 
category in question is included in the list of sources contained in the 
definition of major source.



Sec. 70.4  State program submittals and transition.

    (a) Date for submittal. Not later than November 15, 1993, the 
Governor of each State shall submit to the Administrator for approval a 
proposed part 70 program, under State law or under an interstate 
compact, meeting the requirements of this part. If part 70 is 
subsequently revised such that the Administrator determines that it is 
necessary to require a change to an approved State program, the required 
revisions to the program shall be submitted within 12 months of the 
final changes to part 70 or within such other period as authorized by 
the Administrator.
    (b) Elements of the initial program submission. Any State that seeks 
to administer a program under this part shall submit to the 
Administrator a letter of submittal from the Governor or his designee 
requesting EPA approval of the program and at least three copies of a 
program submission. The submission shall contain the following:
    (1) A complete program description describing how the State intends 
to carry out its responsibilities under this part.
    (2) The regulations that comprise the permitting program, reasonably 
available evidence of their procedurally correct adoption, (including 
any notice of public comment and any significant comments received on 
the proposed part 70 program as requested by the Administrator), and 
copies of all applicable State or local statutes and regulations 
including those governing State administrative procedures that either 
authorize the part 70 program or restrict its implementation. The State 
shall include with the regulations any criteria used to determine 
insignificant activities or emission levels for purposes of determining 
complete applications consistent with Sec. 70.5(c) of this part.
    (3) A legal opinion from the Attorney General for the State, or the 
attorney for those State, local, or interstate air pollution control 
agencies that have independent legal counsel, stating that the laws of 
the State, locality, or interstate compact provide adequate authority to 
carry out all aspects of the program. This statement shall include 
citations to the specific states, administrative regulations, and, where 
appropriate, judicial decisions that demonstrate adequate authority. 
State statutes and regulations cited by the State Attorney General or 
independent legal counsel shall be in the form of lawfully adopted State 
states and regulations at the time the statement is signed and shall be 
fully effective by

[[Page 1256]]

the time the program is approved. To qualify as ``independent legal 
counsel,'' the attorney signing the statement required by this section 
shall have full authority to independently represent the State agency in 
court on all matters pertaining to the State program. The legal opinion 
shall also include a demonstration of adequate legal authority to carry 
out the requirements of this part, including authority to carry out each 
of the following:
    (i) Issue permits and assure compliance with each applicable 
requirement and requirement of this part by all part 70 sources.
    (ii) Incorporate monitoring, recordkeeping, reporting, and 
compliance certification requirements into part 70 permits consistent 
with Sec. 70.6.
    (iii) Issue permits for a fixed term of 5 years in the case of 
permits with acid rain provisions and issue all other permits for a 
period not to exceed 5 years, except for permits issued for solid waste 
incineration units combusting municipal waste subject to standards under 
section 129(e) of the Act.
    (iv) Issue permits for solid waste incineration units combusting 
municipal waste subject to standards under section 129(e) of the Act for 
a period not to exceed 12 years and review such permits at least every 5 
years. No permit for a solid waste incineration unit may be issued by an 
agency, instrumentality or person that is also responsible, in whole or 
in part, for the design and construction or operation of the unit.
    (v) Incorporate into permits all applicable requirements and 
requirements of this part.
    (vi) Terminate, modify, or revoke and reissue permits for cause.
    (vii) Enforce permits, permit fee requirements, and the requirement 
to obtain a permit, as specified in Sec. 70.11.
    (viii) Make available to the public any permit application, 
compliance plan, permit, and monitoring and compliance, certification 
report pursuant to section 503(e) of the Act, except for information 
entitled to confidential treatment pursuant to section 114(c) of the 
Act. The contents of a part 70 permit shall not be entitled to 
protection under section 115(c) of the Act.
    (ix) Not issue a permit if the Administrator timely objects to its 
issuance pursuant to Sec. 70.8(c) of this part or, if the permit has not 
already been issued, to Sec. 70.8(d) of this part.
    (x) Provide an opportunity for judicial review in State court of the 
final permit action by the applicant, any person who participated in the 
public participation process provided pursuant to Sec. 70.7(h) of this 
part, and any other person who could obtain judicial review of such 
actions under State laws.
    (xi) Provide that, solely for the purposes of obtaining judicial 
review in State court for failure to take final action, final permit 
action shall include the failure of the permitting authority to take 
final action on an application for a permit, permit renewal, or permit 
revision within the time specified in the State program. If the State 
program allows sources to make changes subject to post hoc review [as 
set forth in Secs. 70.7(e)(2) and (3) of this part], the permitting 
authority's failure to take final action within 90 days of receipt of an 
application requesting minor permit modification procedures (or 180 days 
for modifications subject to group processing requirements) must be 
subject to judicial review in State court.
    (xii) Provide that the opportunity for judicial review described in 
paragraph (b)(3)(x) of this section shall be the exclusive means for 
obtaining judicial review of the terms and conditions of permits, and 
require that such petitions for judicial review must be filed no later 
than 90 days after the final permit action, or such shorter time as the 
State shall designate. Notwithstanding the preceding requirement, 
petitions for judicial review of final permit actions can be filed after 
the deadline designated by the State, only if they are based solely on 
grounds arising after the deadline for judicial review. Such petitions 
shall be filed no later than 90 days after the new grounds for review 
arise or such shorter time as the State shall designate. If the final 
permit action being challenged is the permitting authority's failure to 
take final action, a petition for judicial review may be filed any time 
before the permitting authority denies the permit or issues the final 
permit.

[[Page 1257]]

    (xiii) Ensure that the authority of the State/local permitting 
Agency is not used to modify the acid rain program requirements.
    (4) Relevant permitting program documentation not contained in the 
State regulations, including the following:
    (i) Copies of the permit form(s), application form(s), and reporting 
form(s) the State intends to employ in its program; and
    (ii) Relevant guidance issued by the State to assist in the 
implementation of its permitting program, including criteria for 
monitoring source compliance (e.g., inspection strategies).
    (5) A complete description of the State's compliance tracking and 
enforcement program or reference to any agreement the State has with EPA 
that provides this information.
    (6) A showing of adequate authority and procedures to determine 
within 60 days of receipt whether applications (including renewal 
applications) are complete, to request such other information as needed 
to process the application, and to take final action on complete 
applications within 18 months of the date of their submittal, except for 
initial permit applications, for which the permitting authority may take 
up to 3 years from the effective date of the program to take final 
action on the application, as provided for in the transition plan.
    (7) A demonstration, consistent with Sec. 70.9, that the permit fees 
required by the State program are sufficient to cover permit program 
costs.
    (8) A statement that adequate personnel and funding have been made 
available to develop, administer, and enforce the program. This 
statement shall include the following:
    (i) A description in narrative form of the scope, structure, 
coverage, and processes of the State program.
    (ii) A description of the organization and structure of the agency 
or agencies that will have responsibility for administering the program, 
including the information specified in this paragraph. If more than one 
agency is responsible for administration of a program, the 
responsibilities of each agency must be delineated, their procedures for 
coordination must be set forth, and an agency shall be designated as a 
``lead agency'' to facilitate communications between EPA and the other 
agencies having program responsibility.
    (iii) A description of the agency staff who will carry out the State 
program, including the number, occupation, and general duties of the 
employees. The State need not submit complete job descriptions for every 
employee carrying out the State program.
    (iv) A description of applicable State procedures, including 
permitting procedures and any State administrative or judicial review 
procedures.
    (v) An estimate of the permit program costs for the first 4 years 
after approval, and a description of how the State plans to cover those 
costs.
    (9) A commitment from the State to submit, at least annually to the 
Administrator, information regarding the State's enforcement activities 
including, but not limited to, the number of criminal and civil, 
judicial and administrative enforcement actions either commenced or 
concluded; the penalties, fines, and sentences obtained in those 
actions; and the number of administrative orders issued.
    (10) A requirement under State law that, if a timely and complete 
application for a permit renewal is submitted, consistent with 
Sec. 70.5(a)(2), but the State has failed to issue or deny the renewal 
permit before the end of the term of the previous permit, then:
    (i) The permit shall not expire until the renewal permit has been 
issued or denied and any permit shield that may be granted pursuant to 
Sec. 70.6(f) may extend beyond the original permit term until renewal; 
or
    (ii) All the terms and conditions of the permit including any permit 
shield that may be granted pursuant to Sec. 70.6(f) shall remain in 
effect until the renewal permit has been issued or denied.
    (11) A transition plan providing a schedule for submittal and final 
action on initial permit applications for all part 70 sources. This plan 
shall provide that:
    (i) Submittal of permit applications by all part 70 sources 
(including any sources subject to a partial or interim program) shall 
occur within 1 year after the effective date of the permit program;

[[Page 1258]]

    (ii) Final action shall be taken on at least one-third of such 
applications annually over a period not to exceed 3 years after such 
effective date;
    (iii) Any complete permit application containing an early reduction 
demonstration under section 112(i)(5) of the Act shall be acted on 
within 9 months of receipt of the complete application; and
    (iv) Submittal of permit applications and the permitting of affected 
sources shall occur in accordance with the deadlines in title IV of the 
Act and the regulations promulgated thereunder.
    (12) Provisions consistent with paragraphs (b)(12)(i) through (iii) 
of this section to allow changes within a permitted facility without 
requiring a permit revision, if the changes are not modifications under 
any provision of title I of the Act and the changes do not exceed the 
emissions allowable under the permit (whether expressed therein as a 
rate of emissions or in the terms of total emissions): Provided, That 
the facility provides the Administrator and the permitting authority 
with written notification as required below in advance of the proposed 
changes, which shall be a minimum of 7 days, unless the permitting 
authority provides in its regulations a different time frame for 
emergencies. The source, permitting authority, and EPA shall attach each 
such notice to their copy of the relevant permit. The following 
provisions implement this requirement of an approvable part 70 permit 
program:
    (i) The program shall allow permitted sources to make section 
502(b)(10) changes without requiring a permit revision, if the changes 
are not modifications under any provision of title I of the Act and the 
changes do not exceed the emissions allowable under the permit (whether 
expressed therein as a rate of emissions or in terms of total 
emissions).
    (A) For each such change, the written notification required above 
shall include a brief description of the change within the permitted 
facility, the date on which the change will occur, any change in 
emissions, and any permit term or condition that is no longer applicable 
as a result of the change.
    (B) The permit shield described in Sec. 70.6(f) of this part shall 
not apply to any change made pursuant to this paragraph (b)(12)(i) of 
this section.
    (ii) The program may provide for permitted sources to trade 
increases and decreases in emissions in the permitted facility, where 
the applicable implementation plan provides for such emissions trades 
without requiring a permit revision and based on the 7-day notice 
prescribed in this paragraph (b)(12)(ii) of this section. This provision 
is available in those cases where the permit does not already provide 
for such emissions trading.
    (A) Under this paragraph (b)(12)(ii) of this section, the written 
notification required above shall include such information as may be 
required by the provision in the applicable implementation plan 
authorizing the emissions trade, including at a minimum, when the 
proposed change will occur, a description of each such change, any 
change in emissions, the permit requirements with which the source will 
comply using the emissions trading provisions of the applicable 
implementation plan, and the pollutants emitted subject to the emissions 
trade. The notice shall also refer to the provisions with which the 
source will comply in the applicable implementation plan and that 
provide for the emissions trade.
    (B) The permit shield described in Sec. 70.6(f) of this part shall 
not extend to any change made under this paragraph (b)(12)(ii) of this 
section. Compliance with the permit requirements that the source will 
meet using the emissions trade shall be determined according to 
requirements of the applicable implementation plan authorizing the 
emissions trade.
    (iii) The program shall require the permitting authority, if a 
permit applicant requests it, to issue permits that contain terms and 
conditions, including all terms required under Sec. 70.6 (a) and (c) of 
this part to determine compliance, allowing for the trading of emissions 
increases and decreases in the permitted facility solely for the purpose 
of complying with a federally-enforceable emissions cap that is 
established in the permit independent of otherwise applicable 
requirements. The

[[Page 1259]]

permit applicant shall include in its application proposed replicable 
procedures and permit terms that ensure the emissions trades are 
quantifiable and enforceable. The permitting authority shall not be 
required to include in the emissions trading provisions any emissions 
units for which emissions are not quantifiable or for which there are no 
replicable procedures to enforce the emissions trades. The permit shall 
also require compliance with all applicable requirements.
    (A) Under this paragraph (b)(12)(iii) of this section, the written 
notification required above shall state when the change will occur and 
shall describe the changes in emissions that will result and how these 
increases and decreases in emissions will comply with the terms and 
conditions of the permit.
    (B) The permit shield described in Sec. 70.6(f) of this part may 
extend to terms and conditions that allow such increases and decreases 
in emissions.
    (13) Provisions for adequate, streamlined, and reasonable procedures 
for expeditious review of permit revisions or modifications. The program 
may meet this requirement by using procedures that meet the requirements 
of Sec. 70.7(e) or that are substantially equivalent to those provided 
in Sec. 70.7(e) of this part.
    (14) If a State allows changes that are not addressed or prohibited 
by the permit, other than those described in paragraph (b)(15) of this 
section, to be made without a permit revision, provisions meeting the 
requirements of paragraphs (b)(14) (i) through (iii) of this section. 
Although a State may, as a matter of State law, prohibit sources from 
making such changes without a permit revision, any such prohibition 
shall not be enforceable by the Administrator or by citizens under the 
Act unless the prohibition is required by an applicable requirement. Any 
State procedures implementing such a State law prohibition must include 
the requirements of paragraphs (b)(14) (i) through (iii) of this 
section.
    (i) Each such change shall meet all applicable requirements and 
shall not violate any existing permit term or condition.
    (ii) Sources must provide contemporaneous written notice to the 
permitting authority and EPA of each such change, except for changes 
that qualify as insignificant under the provisions adopted pursuant to 
Sec. 70.5(c) of this part. Such written notice shall describe each such 
change, including the date, any change in emissions, pollutants emitted, 
and any applicable requirement that would apply as a result of the 
change.
    (iii) The change shall not qualify for the shield under Sec. 70.6(f) 
of this part.
    (iv) The permittee shall keep a record describing changes made at 
the source that result in emissions of a regulated air pollutant subject 
to an applicable requirement, but not otherwise regulated under the 
permit, and the emissions resulting from those changes.
    (15) Provisions prohibiting sources from making, without a permit 
revision, changes that are not addressed or prohibited by the part 70 
permit, if such changes are subject to any requirements under title IV 
of the Act or are modifications under any provision of title I of the 
Act.
    (16) Provisions requiring the permitting authority to implement the 
requirements of Secs. 70.6 and 70.7 of this part.
    (c) Partial programs. (1) The EPA may approve a partial program that 
applies to all part 70 sources within a limited geographic area (e.g., a 
local agency program covering all sources within the agency's 
jurisdiction). To be approvable, any partial program must, at a minimum, 
ensure compliance with all of the following applicable requirements, as 
they apply to the sources covered by the partial program:
    (i) All requirements of title V of the Act and of part 70;
    (ii) All applicable requirements of title IV of the Act and 
regulations promulgated thereunder which apply to affected sources; and
    (iii) All applicable requirements of title I of the Act, including 
those established under sections 111 and 112 of the Act.
    (2) Any partial permitting program, such as that of a local air 
pollution control agency, providing for the issuance of permits by a 
permitting authority other than the State, shall be

[[Page 1260]]

consistent with all the elements required in paragraphs (b) (1) through 
(16) of this section.
    (3) Approval of any partial program does not relieve the State from 
its obligation to submit a whole program or from application of any 
sanctions for failure to submit a fully-approvable whole program.
    (4) Any partial program may obtain interim approval under paragraph 
(d) of this section if it substantially meets the requirements of this 
paragraph (c) of this section.
    (d) Interim approval. (1) If a program (including a partial permit 
program) submitted under this part substantially meets the requirements 
of this part, but is not fully approvable, the Administrator may be rule 
grant the program interim approval.
    (2) Interim approval shall expire on a date set by the Administrator 
(but not later than 2 years after such approval), and may not be 
renewed. Sources shall become subject to the program according to the 
schedule approved in the State program. Permits granted under an interim 
approval shall expire at the end of their fixed term, unless renewed 
under a part 70 program.
    (3) The EPA may grant interim approval to any program if it meets 
each of the following minimum requirements and otherwise substantially 
meets the requirements of this part:
    (i) Adequate fees. The program must provide for collecting permit 
fees adequate for it to meet the requirements of Sec. 70.9 of this part.
    (ii) Applicable requirements. (A) The program must provide for 
adequate authority to issue permits that assure compliance with the 
requirements of paragraph (c)(1) of this section for those major sources 
covered by the program.
    (B) Notwithstanding paragraph (d)(3)(ii)(A) of this section, where a 
State or local permitting authority lacks adequate authority to issue or 
revise permits that assure compliance with applicable requirements 
established exclusively through an EPA-approved minor NSR program, EPA 
may grant interim approval to the program upon a showing by the 
permitting authority of compelling reasons which support the interim 
approval.
    (C) Any part 70 permit issued during an interim approval granted 
under paragraph (d)(3)(ii)(B) of this section that does not incorporate 
minor NSR requirements shall:
    (1) Note this fact in the permit;
    (2) Indicate how citizens may obtain access to excluded minor NSR 
permits;
    (3) Provide a cross reference, such as a listing of the permit 
number, for each minor NSR permit containing an excluded minor NSR term; 
and
    (4) State that the minor NSR requirements which are excluded are not 
eligible for the permit shield under Sec. 70.6(f).
    (D) A program receiving interim approval for the reason specified in 
(d)(3)(ii)(B) of this section must, upon or before granting of full 
approval, institute proceedings to reopen part 70 permits to incorporate 
excluded minor NSR permits as terms of the part 70 permits, as required 
by Sec. 70.7(f)(1)(iv). Such reopening need not follow full permit 
issuance procedures nor the notice requirement of Sec. 70.7(f)(3), but 
may instead follow the permit revision procedure in effect under the 
State's approved part 70 program for incorporation of minor NSR permits.
    (iii) Fixed term. The program must provide for fixed permit terms, 
consistent with paragraphs (b)(3) (iii) and (iv) of this section.
    (iv) Public participation. The program must provide for adequate 
public notice of and an opportunity for public comment and a hearing on 
draft permits and revisions, except for modifications qualifying for 
minor permit modification procedures under Sec. 70.7(e) of this part.
    (v) EPA and affected State review. The program must allow EPA an 
opportunity to review each proposed permit, including permit revisions, 
and to object to its issuance consistent with Sec. 70.8(c) of this part. 
The program must provide for affected State review consistent with 
Sec. 70.8(b) of this part.
    (vii) Permit issuance. The program must provide that the proposed 
permit will not be issued if EPA objects to its issuance.
    (vii) Enforcement. The program must contain authority to enforce 
permits,

[[Page 1261]]

including the authority to assess penalties against sources that do not 
comply with their permits or with the requirement to obtain a permit.
    (viii) Operational flexibility. The program must allow changes 
within a permitted facility without requiring a permit revision, if the 
changes are not modifications under any provision of title I of the act 
and the changes do not exceed the emissions allowable under the permit, 
consistent with paragraph (b)(12) of this section.
    (ix) Streamlined procedures. The program must provide for 
streamlined procedures for issuing and revising permits and determining 
expeditiously after receipt of a permit application or application for a 
permit revision whether such application is complete.
    (x) Permit application. The program submittal must include copies of 
the permit application and reporting form(s) that the State will use in 
implementing the interim program.
    (xi) Alternative scenarios. The program submittal must include 
provisions to insure that alternate scenarios requested by the source 
are included in the part 70 permit pursuant to Sec. 70.6(a)(9) of this 
part.
    (e) EPA review of permit program submittals. Within 1 year after 
receiving a program submittal, the Administrator shall approve or 
disapprove the program, in whole or in part, by publishing a notice in 
the Federal Register. Prior to such notice, the Administrator shall 
provide an opportunity for public comment on such approval or 
disapproval. Any EPA action disapproving a program, in whole or in part, 
shall include a statement of the revisions or modifications necessary to 
obtain full approval. The Administrator shall approve State programs 
that conform to the requirements of this part.
    (1) Within 60 days of receipt by EPA of a State program submission, 
EPA will notify the State whether its submission is complete enough to 
warrant review by EPA for either full, partial, or interim approval. If 
EPA finds that a State's submission is complete, the 1-year review 
period (i.e., the period of time allotted for formal EPA review of a 
proposed State program) shall be deemed to have begun on the date of 
receipt of the State's submission. If EPA finds that a State's 
submission is incomplete, the 1-year review period shall not begin until 
all the necessary information is received by EPA.
    (2) If the State's submission is materially changed during the 1-
year review period, the Administrator may extend the review period for 
no more than 1 year following receipt of the revised submission.
    (3) In any notice granting interim or partial approval, the 
Administrator shall specify the changes or additions that must be made 
before the program can receive full approval and the conditions for 
implementation of the program until that time.
    (f) State response to EPA review of program--(1) Disapproval. The 
State shall submit to EPA program revisions or modifications required by 
the Administrator's action disapproving the program, or any part 
thereof, within 180 days of receiving notification of the disapproval.
    (2) Interim approval. The State shall submit to EPA changes to the 
program addressing the deficiencies specified in the interim approval no 
later than 6 months prior to the expiration of the interim approval.
    (g) Effective date. The effective date of a part 70 program, 
including any partial or interim program approved under this part, shall 
be the effective date of approval by the Administrator.
    (h) Individual permit transition. Upon approval of a State program, 
the Administrator shall suspend the issuance of Federal permits for 
those activities subject to the approved State program, except that the 
Administrator will continue to issue phase I acid rain permits. After 
program approval, EPA shall retain jurisdiction over any permit 
(including any general permit) that it has issued unless arrangements 
have been made with the State to assume responsibility for these 
permits. Where EPA retains jurisdiction, it will continue to process 
permit appeals and modification requests, to conduct inspections, and to 
receive and review monitoring reports. If any permit appeal or 
modification request is not finally resolved when the federally-issued 
permit expires, EPA may, with the consent of the State, retain 
jurisdiction until the matter is resolved.

[[Page 1262]]

Upon request by a State, the Administrator may delegate authority to 
implement all or part of a permit issued by EPA, if a part 70 program 
has been approved for the State. The delegation may include 
authorization for the State to collect appropriate fees, consistent with 
Sec. 70.9 of this part.
    (i) Program revisions. Either EPA or a State with an approved 
program may initiate a program revision. Program revision may be 
necessary when the relevant Federal or State statutes or regulations are 
modified or supplemented. The State shall keep EPA apprised of any 
proposed modifications to its basic statutory or regulatory authority or 
procedures.
    (1) If the Administrator determines pursuant to Sec. 70.10 of this 
part that a State is not adequately administering the requirements of 
this part, or that the State's permit program is inadequate in any other 
way, the State shall revise the program or its means of implementation 
to correct the inadequacy. The program shall be revised within 180 days, 
or such other period as the Administrator may specify, following 
notification by the Administrator, or within 2 years if the State 
demonstrates that additional legal authority is necessary to make the 
program revision.
    (2) Revision of a State program shall be accomplished as follows:
    (i) The State shall submit a modified program description, Attorney 
General's statement, or such other documents as EPA determines to be 
necessary.
    (ii) After EPA receives a proposed program revision, it will publish 
in the Federal Register a public notice summarizing the proposed change 
and provide a public comment period of at least 30 days.
    (iii) The Administrator shall approve or disapprove program 
revisions based on the requirements of this part and of the Act.
    (iv) A program revision shall become effective upon the approval of 
the Administrator. Notice of approval of any substantial revision shall 
be published in the Federal Register. Notice of approval of 
nonsubstantial program revisions may be given by a letter from the 
Administrator to the Governor or a designee.
    (v) The Governor of any State with an approved part 70 program shall 
notify EPA whenever the Governor proposes to transfer all or part of the 
program to any other agency, and shall identify any new division of 
responsibilities among the agencies involved. The new agency is not 
authorized to administer the program until the revision has been 
approved by the Administrator under this paragraph.
    (3) Whenever the Administrator has reason to believe that 
circumstances have changed with respect to a State program, he may 
request, and the State shall provide, a supplemental Attorney General's 
statement, program description, or such other documents or information 
as he determines are necessary.
    (j) Sharing of information. (1) Any information obtained or used in 
the administration of a State program shall be available to EPA upon 
request without restriction and in a form specified by the 
Administrator, including computer-readable files to the extent 
practicable. If the information has been submitted to the State under a 
claim of confidentiality, the State may require the source to submit 
this information to the Administrator directly. Where the State submits 
information to the Administrator under a claim of confidentiality, the 
State shall submit that claim to EPA when providing information to EPA 
under this section. Any information obtained from a State or part 70 
source accompanied by a claim of confidentiality will be treated in 
accordance with the regulations in part 2 of this chapter.
    (2) The EPA will furnish to States with approved programs the 
information in its files that the State needs to implement its approved 
program. Any such information submitted to EPA under a claim of 
confidentiality will be subject to the regulations in part 2 of this 
chapter.
    (k) Administration and enforcement. Any State that fails to adopt a 
complete, approvable part 70 program, or that EPA determines is not 
adequately

[[Page 1263]]

administering or enforcing such program shall be subject to certain 
Federal sanctions as set forth in Sec. 70.10 of this part.

[57 FR 32295, July 21, 1992, as amended at 61 FR 31448, June 20, 1996]

    Effective Date Note: At 61 FR 31448, June 20, 1996, in Sec. 70.4, 
paragraphs (d)(3) introductory text and (d)(3)(ii) were revised, 
effective July 22, 1996. For the convenience of the user, the superseded 
text is set forth as follows.
Sec. 70.4  State program submittals and transition.

                                * * * * *

    (d) * * *
    (3) The EPA will grant interim approval to any program if it meets 
each of the following minimum requirements:

                                * * * * *

    (ii) Applicable requirements. The program must provide for adequate 
authority to issue permits that assure compliance with the requirements 
of paragraph (c)(1) of this section for those major sources covered by 
the program.

                                * * * * *



Sec. 70.5  Permit applications.

    (a) Duty to apply. For each part 70 source, the owner or operator 
shall submit a timely and complete permit application in accordance with 
this section.
    (1) Timely application. (i) A timely application for a source 
applying for a part 70 permit for the first time is one that is 
submitted within 12 months after the source becomes subject to the 
permit program or on or before such earlier date as the permitting 
authority may establish.
    (ii) Part 70 sources required to meet the requirements under section 
112(g) of the Act, or to have a permit under the preconstruction review 
program approved into the applicable implementation plan under part C or 
D of title I of the Act, shall file a complete application to obtain the 
part 70 permit or permit revision within 12 months after commencing 
operation or on or before such earlier date as the permitting authority 
may establish. Where an existing part 70 permit would prohibit such 
construction or change in operation, the source must obtain a permit 
revision before commencing operation.
    (iii) For purposes of permit renewal, a timely application is one 
that is submitted at least 6 months prior to the date of permit 
expiration, or such other longer time as may be approved by the 
Administrator that ensures that the term of the permit will not expire 
before the permit is renewed. In no event shall this time be greater 
than 18 months.
    (iv) Applications for initial phase II acid rain permits shall be 
submitted to the permitting authority by January 1, 1996 for sulfur 
dioxide, and by January 1, 1998 for nitrogen oxides.
    (2) Complete application. The program shall provide criteria and 
procedures for determining in a timely fashion when applications are 
complete. To be deemed complete, an application must provide all 
information required pursuant to paragraph (c) of this section, except 
that applications for permit revision need supply such information only 
if it is related to the proposed change. Information required under 
paragraph (c) of this section must be sufficient to evaluate the subject 
source and its application and to determine all applicable requirements. 
The program shall require that a responsible official certify the 
submitted information consistent with paragraph (d) of this section. 
Unless the permitting authority determines that an application is not 
complete within 60 days of receipt of the application, such application 
shall be deemed to be complete, except as otherwise provided in 
Sec. 70.7(a)(4) of this part. If, while processing an application that 
has been determined or deemed to be complete, the permitting authority 
determines that additional information is necessary to evaluate or take 
final action on that application, it may request such information in 
writing and set a reasonable deadline for a response. The source's 
ability to operate without a permit, as set forth in Sec. 70.7(b) of 
this part, shall be in effect from the date the application is 
determined or deemed to be complete until the final permit is issued, 
provided that the applicant submits any requested additional information 
by the

[[Page 1264]]

deadline specified by the permitting authority.
    (3) Confidential information. In the case where a source has 
submitted information to the State under a claim of confidentiality, the 
permitting authority may also require the source to submit a copy of 
such information directly to the Administrator.
    (b) Duty to supplement or correct application. Any applicant who 
fails to submit any relevant facts or who has submitted incorrect 
information in a permit application shall, upon becoming aware of such 
failure or incorrect submittal, promptly submit such supplementary facts 
or corrected information. In addition, an applicant shall provide 
additional information as necessary to address any requirements that 
become applicable to the source after the date it filed a complete 
application but prior to release of a draft permit.
    (c) Standard application form and required information. The State 
program under this part shall provide for a standard application form or 
forms. Information as described below for each emissions unit at a part 
70 source shall be included in the application. The Administrator may 
approve as part of a State program a list of insignificant activities 
and emissions levels which need not be included in permit applications. 
However, for insignificant activities which are exempted because of size 
or production rate, a list of such insignificant activities must be 
included in the application. An application may not omit information 
needed to determine the applicability of, or to impose, any applicable 
requirement, or to evaluate the fee amount required under the schedule 
approved pursuant to Sec. 70.9 of this part. The permitting authority 
may use discretion in developing application forms that best meet 
program needs and administrative efficiency. The forms and attachments 
chosen, however, shall include the elements specified below:
    (1) Identifying information, including company name and address (or 
plant name and address if different from the company name), owner's name 
and agent, and telephone number and names of plant site manager/contact.
    (2) A description of the source's processes and products (by 
Standard Industrial Classification Code) including any associated with 
alternate scenario identified by the source.
    (3) The following emission-related information:
    (i) All emissions of pollutants for which the source is major, and 
all emissions of regulated air pollutants. A permit application shall 
describe all emissions of regulated air pollutants emitted from any 
emissions unit, except where such units are exempted under this 
paragraph (c) of this section. The permitting authority shall require 
additional information related to the emissions of air pollutants 
sufficient to verify which requirements are applicable to the source, 
and other information necessary to collect any permit fees owed under 
the fee schedule approved pursuant to Sec. 70.9(b) of this part.
    (ii) Identification and description of all points of emissions 
described in paragraph (c)(3)(i) of this section in sufficient detail to 
establish the basis for fees and applicability of requirements of the 
Act.
    (iii) Emissions rate in tpy and in such terms as are necessary to 
establish compliance consistent with the applicable standard reference 
test method.
    (iv) The following information to the extent it is needed to 
determine or regulate emissions: Fuels, fuel use, raw materials, 
production rates, and operating schedules.
    (v) Identification and description of air pollution control 
equipment and compliance monitoring devices or activities.
    (vi) Limitations on source operation affecting emissions or any work 
practice standards, where applicable, for all regulated pollutants at 
the part 70 source.
    (vii) Other information required by any applicable requirement 
(including information related to stack height limitations developed 
pursuant to section 123 of the Act).
    (viii) Calculations on which the information in paragraphs (c)(3 (i) 
through (vii) of this section is based.
    (4) The following air pollution control requirements:

[[Page 1265]]

    (i) Citation and description of all applicable requirements, and
    (ii) Description of or reference to any applicable test method for 
determining compliance with each applicable requirement.
    (5) Other specific information that may be necessary to implement 
and enforce other applicable requirements of the Act or of this part or 
to determine the applicability of such requirements.
    (6) An explanation of any proposed exemptions from otherwise 
applicable requirements.
    (7) Additional information as determined to be necessary by the 
permitting authority to define alternative operating scenarios 
identified by the source pursuant to Sec. 70.6(a)(9) of this part or to 
define permit terms and conditions implementing Sec. 70.4 (b) (12) or 
Sec. 70.6 (a) (10) of this part.
    (8) A compliance plan for all part 70 sources that contains all the 
following:
    (i) A description of the compliance status of the source with 
respect to all applicable requirements.
    (ii) A description as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis.
    (C) For requirements for which the source is not in compliance at 
the time or permit issuance, a narrative description of how the source 
will achieve compliance with such requirements.
    (iii) A compliance schedule as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis. A statement that the source will meet in a timely 
manner applicable requirements that become effective during the permit 
term shall satisfy this provision, unless a more detailed schedule is 
expressly required by the applicable requirement.
    (C) A schedule of compliance for sources that are not in compliance 
with all applicable requirements at the time of permit issuance. Such a 
schedule shall include a schedule of remedial measures, including an 
enforceable sequence of actions with milestones, leading to compliance 
with any applicable requirements for which the source will be in 
noncompliance at the time of permit issuance. This compliance schedule 
shall resemble and be at least as stringent as that contained in any 
judicial consent decree or administrative order to which the source is 
subject. Any such schedule of compliance shall be supplemental to, and 
shall not sanction noncompliance with, the applicable requirements on 
which it is based.
    (iv) A schedule for submission of certified progress reports no less 
frequently than every 6 months for sources required to have a schedule 
of compliance to remedy a violation.
    (v) The compliance plan content requirements specified in this 
paragraph shall apply and be included in the acid rain portion of a 
compliance plan for an affected source, except as specifically 
superseded by regulations promulgated under title IV of the Act with 
regard to the schedule and method(s) the source will use to achieve 
compliance with the acid rain emissions limitations.
    (9) Requirements for compliance certification, including the 
following:
    (i) A certification of compliance with all applicable requirements 
by a responsible official consistent with paragraph (d) of this section 
and section 114(a)(3) of the Act;
    (ii) A statement of methods used for determining compliance, 
including a description of monitoring, recordkeeping, and reporting 
requirements and test methods;
    (iii) A schedule for submission of compliance certifications during 
the permit term, to be submitted no less frequently than annually, or 
more frequently if specified by the underlying applicable requirement or 
by the permitting authority; and
    (iv) A statement indicating the source's compliance status with any

[[Page 1266]]

applicable enhanced monitoring and compliance certification requirements 
of the Act.
    (10) The use of nationally-standardized forms for acid rain portions 
of permit applications and compliance plans, as required by regulations 
promulgated under title IV of the Act.
    (d) Any application form, report, or compliance certification 
submitted pursuant to these regulations shall contain certification by a 
responsible official of truth, accuracy, and completeness. This 
certification and any other certification required under this part shall 
state that, based on information and belief formed after reasonable 
inquiry, the statements and information in the document are true, 
accurate, and complete.



Sec. 70.6  Permit content.

    (a) Standard permit requirements. Each permit issued under this part 
shall include the following elements:
    (1) Emission limitations and standards, including those operational 
requirements and limitations that assure compliance with all applicable 
requirements at the time of permit issuance.
    (i) The permit shall specify and reference the origin of and 
authority for each term or condition, and identify any difference in 
form as compared to the applicable requirement upon which the term or 
condition is based.
    (ii) The permit shall state that, where an applicable requirement of 
the Act is more stringent than an applicable requirement of regulations 
promulgated under title IV of the Act, both provisions shall be 
incorporated into the permit and shall be enforceable by the 
Administrator.
    (iii) If an applicable implementation plan allows a determination of 
an alternative emission limit at a part 70 source, equivalent to that 
contained in the plan, to be made in the permit issuance, renewal, or 
significant modification process, and the State elects to use such 
process, any permit containing such equivalency determination shall 
contain provisions to ensure that any resulting emissions limit has been 
demonstrated to be quantifiable, accountable, enforceable, and based on 
replicable procedures.
    (2) Permit duration. The permitting authority shall issue permits 
for a fixed term of 5 years in the case of affected sources, and for a 
term not to exceed 5 years in the case of all other sources. 
Notwithstanding this requirement, the permitting authority shall issue 
permits for solid waste incineration units combusting municipal waste 
subject to standards under section 129(e) of the Act for a period not to 
exceed 12 years and shall review such permits at least every 5 years.
    (3) Monitoring and related recordkeeping and reporting requirements. 
(i) Each permit shall contain the following requirements with respect to 
monitoring:
    (A) All emissions monitoring and analysis procedures or test methods 
required under the applicable requirements, including any procedures and 
methods promulgated pursuant to sections 114(a)(3) or 504(b) of the Act;
    (B) Where the applicable requirement does not require periodic 
testing or instrumental or noninstrumental monitoring (which may consist 
of recordkeeping designed to serve as monitoring), periodic monitoring 
sufficient to yield reliable data from the relevant time period that are 
representative of the source's compliance with the permit, as reported 
pursuant to paragraph (a)(3)(iii) of this section. Such monitoring 
requirements shall assure use of terms, test methods, units, averaging 
periods, and other statistical conventions consistent with the 
applicable requirement. Recordkeeping provisions may be sufficient to 
meet the requirements of this paragraph (a)(3)(i)(B) of this section; 
and
    (C) As necessary, requirements concerning the use, maintenance, and, 
where appropriate, installation of monitoring equipment or methods.
    (ii) With respect to recordkeeping, the permit shall incorporate all 
applicable recordkeeping requirements and require, where applicable, the 
following:
    (A) Records of required monitoring information that include the 
following:
    (1) The date, place as defined in the permit, and time of sampling 
or measurements;
    (2) The date(s) analyses were performed;

[[Page 1267]]

    (3) The company or entity that performed the analyses;
    (4) The analytical techniques or methods used;
    (5) The results of such analyses; and
    (6) The operating conditions as existing at the time of sampling or 
measurement;
    (B) Retention of records of all required monitoring data and support 
information for a period of at least 5 years from the date of the 
monitoring sample, measurement, report, or application. Support 
information includes all calibration and maintenance records and all 
original strip-chart recordings for continuous monitoring 
instrumentation, and copies of all reports required by the permit.
    (iii) With respect to reporting, the permit shall incorporate all 
applicable reporting requirements and require the following:
    (A) Submittal of reports of any required monitoring at least every 6 
months. All instances of deviations from permit requirements must be 
clearly identified in such reports. All required reports must be 
certified by a responsible official consistent with Sec. 70.5(d) of this 
part.
    (B) Prompt reporting of deviations from permit requirements, 
including those attributable to upset conditions as defined in the 
permit, the probable cause of such deviations, and any corrective 
actions or preventive measures taken. The permitting authority shall 
define ``prompt'' in relation to the degree and type of deviation likely 
to occur and the applicable requirements.
    (4) A permit condition prohibiting emissions exceeding any 
allowances that the source lawfully holds under title IV of the Act or 
the regulations promulgated thereunder.
    (i) No permit revision shall be required for increases in emissions 
that are authorized by allowances acquired pursuant to the acid rain 
program, provided that such increases do not require a permit revision 
under any other applicable requirement.
    (ii) No limit shall be placed on the number of allowances held by 
the source. The source may not, however, use allowances as a defense to 
noncompliance with any other applicable requirement.
    (iii) Any such allowance shall be accounted for according to the 
procedures established in regulations promulgated under title IV of the 
Act.
    (5) A severability clause to ensure the continued validity of the 
various permit requirements in the event of a challenge to any portions 
of the permit.
    (6) Provisions stating the following:
    (i) The permittee must comply with all conditions of the part 70 
permit. Any permit noncompliance constitutes a violation of the Act and 
is grounds for enforcement action; for permit termination, revocation 
and reissuance, or modification; or for denial of a permit renewal 
application.
    (ii) Need to halt or reduce activity not a defense. It shall not be 
a defense for a permittee in an enforcement action that it would have 
been necessary to halt or reduce the permitted activity in order to 
maintain compliance with the conditions of this permit.
    (iii) The permit may be modified, revoked, reopened, and reissued, 
or terminated for cause. The filing of a request by the permittee for a 
permit modification, revocation and reissuance, or termination, or of a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition.
    (iv) The permit does not convey any property rights of any sort, or 
any exclusive privilege.
    (v) The permittee shall furnish to the permitting authority, within 
a reasonable time, any information that the permitting authority may 
request in writing to determine whether cause exists for modifying, 
revoking and reissuing, or terminating the permit or to determine 
compliance with the permit. Upon request, the permittee shall also 
furnish to the permitting authority copies of records required to be 
kept by the permit or, for information claimed to be confidential, the 
permittee may furnish such records directly to the Administrator along 
with a claim of confidentiality.
    (7) A provision to ensure that a part 70 source pays fees to the 
permitting authority consistent with the fee schedule approved pursuant 
to Sec. 70.9 of this part.

[[Page 1268]]

    (8) Emissions trading. A provision stating that no permit revision 
shall be required, under any approved economic incentives, marketable 
permits, emissions trading and other similar programs or processes for 
changes that are provided for in the permit.
    (9) Terms and conditions for reasonably anticipated operating 
scenarios identified by the source in its application as approved by the 
permitting authority. Such terms and conditions:
    (i) Shall require the source, contemporaneously with making a change 
from one operating scenario to another, to record in a log at the 
permitted facility a record of the scenario under which it is operating;
    (ii) May extend the permit shield described in paragraph (f) of this 
section to all terms and conditions under each such operating scenario; 
and
    (iii) Must ensure that the terms and conditions of each such 
alternative scenario meet all applicable requirements and the 
requirements of this part.
    (10) Terms and conditions, if the permit applicant requests them, 
for the trading of emissions increases and decreases in the permitted 
facility, to the extent that the applicable requirements provide for 
trading such increases and decreases without a case-by-case approval of 
each emissions trade. Such terms and conditions:
    (i) Shall include all terms required under paragraphs (a) and (c) of 
this section to determine compliance;
    (ii) May extend the permit shield described in paragraph (f) of this 
section to all terms and conditions that allow such increases and 
decreases in emissions; and
    (iii) Must meet all applicable requirements and requirements of this 
part.
    (b) Federally-enforceable requirements. (1) All terms and conditions 
in a part 70 permit, including any provisions designed to limit a 
source's potential to emit, are enforceable by the Administrator and 
citizens under the Act.
    (2) Notwithstanding paragraph (b)(1) of this section, the permitting 
authority shall specifically designate as not being federally 
enforceable under the Act any terms and conditions included in the 
permit that are not required under the Act or under any of its 
applicable requirements. Terms and conditions so designated are not 
subject to the requirements of Secs. 70.7, 70.8, or of this part, other 
than those contained in this paragraph (b) of this section.
    (c) Compliance requirements. All part 70 permits shall contain the 
following elements with respect to compliance:
    (1) Consistent with paragraph (a)(3) of this section, compliance 
certification, testing, monitoring, reporting, and recordkeeping 
requirements sufficient to assure compliance with the terms and 
conditions of the permit. Any document (including reports) required by a 
part 70 permit shall contain a certification by a responsible official 
that meets the requirements of Sec. 70.5(d) for this part.
    (2) Inspection and entry requirements that require that, upon 
presentation of credentials and other documents as may be required by 
law, the permittee shall allow the permitting authority or an authorized 
representative to perform the following:
    (i) Enter upon the permittee's premises where a part 70 source is 
located or emissions-related activity is conducted, or where records 
must be kept under the conditions of the permit;
    (ii) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of the permit;
    (iii) Inspect at reasonable times any facilities, equipment 
(including monitoring and air pollution control equipment), practices, 
or operations regulated or required under the permit; and
    (iv) As authorized by the Act, sample or monitor at reasonable times 
substances or parameters for the purpose of assuring compliance with the 
permit or applicable requirements.
    (3) A schedule of compliance consistent with Sec. 70.5(c)(8) of this 
part.
    (4) Progress reports consistent with an applicable schedule of 
compliance and Sec. 70.5(c)(8) of this part to be submitted at least 
semiannually, or at a more frequent period if specified in the 
applicable requirement or by the permitting authority. Such progress 
reports shall contain the following:
    (i) Dates for achieving the activities, milestones, or compliance 
required in the schedule of compliance, and dates when such activities, 
milestones or compliance were achieved; and

[[Page 1269]]

    (ii) An explanation of why any dates in the schedule of compliance 
were not or will not be met, and any preventive or corrective measures 
adopted.
    (5) Requirements for compliance certification with terms and 
conditions contained in the permit, including emission limitations, 
standards, or work practices. Permits shall include each of the 
following:
    (i) The frequency (not less than annually or such more frequent 
periods as specified in the applicable requirement or by the permitting 
authority) of submissions of compliance certifications;
    (ii) In accordance with Sec. 70.6(a)(3) of this part, a means for 
monitoring the compliance of the source with its emissions limitations, 
standards, and work practices;
    (iii) A requirement that the compliance certification include the 
following:
    (A) The identification of each term or condition of the permit that 
is the basis of the certification;
    (B) The compliance status;
    (C) Whether compliance was continuous or intermittent;
    (D) The method(s) used for determining the compliance status of the 
source, currently and over the reporting period consistent with 
paragraph (a)(3) of this section; and
    (E) Such other facts as the permitting authority may require to 
determine the compliance status of the source;
    (iv) A requirement that all compliance certifications be submitted 
to the Administrator as well as to the permitting authority; and
    (v) Such additional requirements as may be specified pursuant to 
sections 114(a)(3) and 504(b) of the Act.
    (6) Such other provisions as the permitting authority may require.
    (d) General permits. (1) The permitting authority may, after notice 
and opportunity for public participation provided under Sec. 70.7(h) of 
this part, issue a general permit covering numerous similar sources. Any 
general permit shall comply with all requirements applicable to other 
part 70 permits and shall identify criteria by which sources may qualify 
for the general permit. To sources that qualify, the permitting 
authority shall grant the conditions and terms of the general permit. 
Notwithstanding the shield provisions of paragraph (f) of this section, 
the source shall be subject to enforcement action for operation without 
a part 70 permit if the source is later determined not to qualify for 
the conditions and terms of the general permit. General permits shall 
not be authorized for affected sources under the acid rain program 
unless otherwise provided in regulations promulgated under title IV of 
the Act.
    (2) Part 70 sources that would qualify for a general permit must 
apply to the permitting authority for coverage under the terms of the 
general permit or must apply for a part 70 permit consistent with 
Sec. 70.5 of this part. The permitting authority may, in the general 
permit, provide for applications which deviate from the requirements of 
Sec. 70.5 of this part, provided that such applications meet the 
requirements of title V of the Act, and include all information 
necessary to determine qualification for, and to assure compliance with, 
the general permit. Without repeating the public participation 
procedures required under Sec. 70.7(h) of this part, the permitting 
authority may grant a source's request for authorization to operate 
under a general permit, but such a grant shall not be a final permit 
action for purposes of judicial review.
    (e) Temporary sources. The permitting authority may issue a single 
permit authorizing emissions from similar operations by the same source 
owner or operator at multiple temporary locations. The operation must be 
temporary and involve at least one change of location during the term of 
the permit. No affected source shall be permitted as a temporary source. 
Permits for temporary sources shall include the following:
    (1) Conditions that will assure compliance with all applicable 
requirements at all authorized locations;
    (2) Requirements that the owner or operator notify the permitting 
authority at least 10 days in advance of each change in location; and
    (3) Conditions that assure compliance with all other provisions of 
this section.

[[Page 1270]]

    (f) Permit shield. (1) Except as provided in this part, the 
permitting authority may expressly include in a part 70 permit a 
provision stating that compliance with the conditions of the permit 
shall be deemed compliance with any applicable requirements as of the 
date of permit issuance, provided that:
    (i) Such applicable requirements are included and are specifically 
identified in the permit; or
    (ii) The permitting authority, in acting on the permit application 
or revision, determines in writing that other requirements specifically 
identified are not applicable to the source, and the permit includes the 
determination or a concise summary thereof.
    (2) A part 70 permit that does not expressly state that a permit 
shield exists shall be presumed not to provide such a shield.
    (3) Nothing in this paragraph or in any part 70 permit shall alter 
or affect the following:
    (i) The provisions of section 303 of the Act (emergency orders), 
including the authority of the Administrator under that section;
    (ii) The liability of an owner or operator of a source for any 
violation of applicable requirements prior to or at the time of permit 
issuance;
    (iii) The applicable requirements of the acid rain program, 
consistent with section 408(a) of the Act; or
    (iv) The ability of EPA to obtain information from a source pursuant 
to section 114 of the Act.
    (g) Emergency provision--(1) Definition. An ``emergency'' means any 
situation arising from sudden and reasonably unforeseeable events beyond 
the control of the source, including acts of God, which situation 
requires immediate corrective action to restore normal operation, and 
that causes the source to exceed a technology-based emission limitation 
under the permit, due to unavoidable increases in emissions attributable 
to the emergency. An emergency shall not include noncompliance to the 
extent caused by improperly designed equipment, lack of preventative 
maintenance, careless or improper operation, or operator error.
    (2) Effect of an emergency. An emergency constitutes an affirmative 
defense to an action brought for noncompliance with such technology-
based emission limitations if the conditions of paragraph (g)(3) of this 
section are met.
    (3) The affirmative defense of emergency shall be demonstrated 
through properly signed, contemporaneous operating logs, or other 
relevant evidence that:
    (i) An emergency occurred and that the permittee can identify the 
cause(s) of the emergency;
    (ii) The permitted facility was at the time being properly operated;
    (iii) During the period of the emergency the permittee took all 
reasonable steps to minimize levels of emissions that exceeded the 
emission standards, or other requirements in the permit; and
    (iv) The permittee submitted notice of the emergency to the 
permitting authority within 2 working days of the time when emission 
limitations were exceeded due to the emergency. This notice fulfills the 
requirement of paragraph (a)(3)(iii)(B) of this section. This notice 
must contain a description of the emergency, any steps taken to mitigate 
emissions, and corrective actions taken.
    (4) In any enforcement proceeding, the permittee seeking to 
establish the occurrence of an emergency has the burden of proof.
    (5) This provision is in addition to any emergency or upset 
provision contained in any applicable requirement.



Sec. 70.7  Permit issuance, renewal, reopenings, and revisions.

    (a) Action on application. (1) A permit, permit modification, or 
renewal may be issued only if all of the following condition have been 
met:
    (i) The permitting authority has received a complete application for 
a permit, permit modification, or permit renewal, except that a complete 
application need not be received before issuance of a general permit 
under Sec. 70.6(d) of this part;
    (ii) Except for modifications qualifying for minor permit 
modification procedures under paragraphs (e) (2) and (3) of this 
section, the permitting authority has complied with the requirements for 
public participation under paragraph (h) of this section;

[[Page 1271]]

    (iii) The permitting authority has complied with the requirements 
for notifying and responding to affected States under Sec. 70.8(b) of 
this part;
    (iv) The conditions of the permit provide for compliance with all 
applicable requirements and the requirements of this part; and
    (v) The Administrator has received a copy of the proposed permit and 
any notices required under Secs. 70.8(a) and 70.8(b) of this part, and 
has not objected to issuance of the permit under Sec. 70.8(c) of this 
part within the time period specified therein.
    (2) Except as provided under the initial transition plan provided 
for under Sec. 70.4(b)(11) of this part or under regulations promulgated 
under title IV of title V of the Act for the permitting of affected 
sources under the acid rain program, the program shall provide that the 
permitting authority take final action on each permit application 
(including a request for permit modification or renewal) within 18 
months, or such lesser time approved by the Administrator, after 
receiving a complete application.
    (3) The program shall also contain reasonable procedures to ensure 
priority is given to taking action on applications for construction or 
modification under title I, parts C and D of the Act.
    (4) The permitting authority shall promptly provide notice to the 
applicant of whether the application is complete. Unless the permitting 
authority requests additional information or otherwise notifies the 
applicant of incompleteness within 60 days of receipt of an application, 
the application shall be deemed complete. For modifications processed 
through minor permit modification procedures, such as those in 
paragraphs (e) (2) and (3) of this section, the State program need not 
require a completeness determination.
    (5) The permitting authority shall provide a statement that sets 
forth the legal and factual basis for the draft permit conditions 
(including references to the applicable statutory or regulatory 
provisions). The permitting authority shall send this statement to EPA 
and to any other person who requests it.
    (6) The submittal of a complete application shall not affect the 
requirement that any source have a preconstruction permit under title I 
of the Act.
    (b) Requirement for a permit. Except as provided in the following 
sentence, Sec. 70.4(b)(12)(i), and paragraphs (e) (2)(v) and (3)(v) of 
this section, no part 70 source may operate after the time that it is 
required to submit a timely and complete application under an approved 
permit program, except in compliance with a permit issued under a part 
70 program. The program shall provide that, if a part 70 source submits 
a timely and complete application for permit issuance (including for 
renewal), the source's failure to have a part 70 permit is not a 
violation of this part until the permitting authority takes final action 
on the permit application, except as noted in this section. This 
protection shall cease to apply if, subsequent to the completeness 
determination made pursuant to paragraph (a)(4) of this section, and as 
required by Sec. 70.5(a)(2) of this part, the applicant fails to submit 
by the deadline specified in writing by the permitting authority any 
additional information identified as being needed to process the 
application.
    (c) Permit renewal and expiration. (1) The program shall provide 
that:
    (i) Permits being renewed are subject to the same procedural 
requirements, including those for public participation, affected State 
and EPA review, that apply to initial permit issuance; and
    (ii) Permit expiration terminates the source's right to operate 
unless a timely and complete renewal application has been submitted 
consistent with paragraph (b) of this section and Sec. 70.5(a)(1)(iii) 
of this part.
    (2) If the permitting authority fails to act in a timely way on a 
permit renewal, EPA may invoke its authority under section 505(e) of the 
Act to terminate or revoke and reissue the permit.
    (d) Administrative permit amendments. (1) An ``administrative permit 
amendment'' is a permit revision that:
    (i) Corrects typographical errors;
    (ii) Identifies a change in the name, address, or phone number of 
any person identified in the permit, or provides a

[[Page 1272]]

similar minor administrative change at the source;
    (iii) Requires more frequent monitoring or reporting by the 
permittee;
    (iv) Allows for a change in ownership or operational control of a 
source where the permitting authority determines that no other change in 
the permit is necessary, provided that a written agreement containing a 
specific date for transfer of permit responsibility, coverage, and 
liability between the current and new permittee has been submitted to 
the permitting authority;
    (v) Incorporates into the part 70 permit the requirements from 
preconstruction review permits authorized under an EPA-approved program, 
provided that such a program meets procedural requirements substantially 
equivalent to the requirements of Secs. 70.7 and 70.8 of this part that 
would be applicable to the change if it were subject to review as a 
permit modification, and compliance requirements substantially 
equivalent to those contained in Sec. 70.6 of this part; or
    (vi) Incorporates any other type of change which the Administrator 
has determined as part of the approved part 70 program to be similar to 
those in paragraphs (d)(1) (i) through (iv) of this section.
    (2) Administrative permit amendments for purposes of the acid rain 
portion of the permit shall be governed by regulations promulgated under 
title IV of the Act.
    (3) Administrative permit amendment procedures. An administrative 
permit amendment may be made by the permitting authority consistent with 
the following:
    (i) The permitting authority shall take no more than 60 days from 
receipt of a request for an administrative permit amendment to take 
final action on such request, and may incorporate such changes without 
providing notice to the public or affected States provided that it 
designates any such permit revisions as having been made pursuant to 
this paragraph.
    (ii) The permitting authority shall submit a copy of the revised 
permit to the Administrator.
    (iii) The source may implement the changes addressed in the request 
for an administrative amendment immediately upon submittal of the 
request.
    (4) The permitting authority may, upon taking final action granting 
a request for an administrative permit amendment, allow coverage by the 
permit shield in Sec. 70.6(f) for administrative permit amendments made 
pursuant to paragraph (d)(1)(v) of this section which meet the relevant 
requirements of Secs. 70.6, 70.7, and 70.8 for significant permit 
modifications.
    (e) Permit modification. A permit modification is any revision to a 
part 70 permit that cannot be accomplished under the program's 
provisions for administrative permit amendments under paragraph (d) of 
this section. A permit modification for purposes of the acid rain 
portion of the permit shall be governed by regulations promulgated under 
title IV of the Act.
    (1) Program description. The State shall provide adequate, 
streamlined, and reasonable procedures for expeditiously processing 
permit modifications. The State may meet this obligation by adopting the 
procedures set forth below or ones substantially equivalent. The State 
may also develop different procedures for different types of 
modifications depending on the significance and complexity of the 
requested modification, but EPA will not approve a part 70 program that 
has modification procedures that provide for less permitting authority, 
EPA, or affected State review or public participation than is provided 
for in this part.
    (2) Minor permit modification procedures--(i) Criteria. (A) Minor 
permit modification procedures may be used only for those permit 
modifications that:
    (1) Do not violate any applicable requirement;
    (2) Do not involve significant changes to existing monitoring, 
reporting, or recordkeeping requirements in the permit;
    (3) Do not require or change a case-by-case determination of an 
emission limitation or other standard, or a source-specific 
determination for temporary sources of ambient impacts, or a visibility 
or increment analysis;
    (4) Do not seek to establish or change a permit term or condition 
for which there is no corresponding underlying

[[Page 1273]]

applicable requirement and that the source has assumed to avoid an 
applicable requirement to which the source would otherwise be subject. 
Such terms and conditions include:
    (A) A federally enforceable emissions cap assumed to avoid 
classification as a modification under any provision of title I; and
    (B) An alternative emissions limit approved pursuant to regulations 
promulgated under section 112(i)(5) of the Act;
    (5) Are not modifications under any provision of title I of the Act; 
and
    (6) Are not required by the State program to be processed as a 
significant modification.
    (B) Notwithstanding paragraphs (e)(2)(i)(A) and (e)(3)(i) of this 
section, minor permit modification procedures may be used for permit 
modifications involving the use of economic incentives, marketable 
permits, emissions trading, and other similar approaches, to the extent 
that such minor permit modification procedures are explicitly provided 
for in an applicable implementation plan or in applicable requirements 
promulgated by EPA.
    (ii) Application. An application requesting the use of minor permit 
modification procedures shall meet the requirements of Sec. 70.5(c) of 
this part and shall include the following:
    (A) A description of the change, the emissions resulting from the 
change, and any new applicable requirements that will apply if the 
change occurs;
    (B) The source's suggested draft permit;
    (C) Certification by a responsible official, consistent with 
Sec. 70.5(d), that the proposed modification meets the criteria for use 
of minor permit modification procedures and a request that such 
procedures be used; and
    (D) Completed forms for the permitting authority to use to notify 
the Administrator and affected States as required under Sec. 70.8.
    (iii) EPA and affected State notification. Within 5 working days of 
receipt of a complete permit modification application, the permitting 
authority shall meet its obligation under Sec. 70.8 (a)(1) and (b)(1) to 
notify the Administrator and affected States of the requested permit 
modification. The permitting authority promptly shall send any notice 
required under Sec. 70.8(b)(2) to the Administrator.
    (iv) Timetable for issuance. The permitting authority may not issue 
a final permit modification until after EPA's 45-day review period or 
until EPA has notified the permitting authority that EPA will not object 
to issuance of the permit modification, whichever is first, although the 
permitting authority can approve the permit modification prior to that 
time. Within 90 days of the permitting authority's receipt of an 
application under minor permit modification procedures or 15 days after 
the end of the Administrator's 45-day review period under Sec. 70.8(c), 
whichever is later, the permitting authority shall:
    (A) Issue the permit modification as proposed;
    (B) Deny the permit modification application;
    (C) Determine that the requested modification does not meet the 
minor permit modification criteria and should be reviewed under the 
significant modification procedures; or
    (D) Revise the draft permit modification and transmit to the 
Administrator the new proposed permit modification as required by 
Sec. 70.8(a) of this part.
    (v) Source's ability to make change. The State program may allow the 
source to make the change proposed in its minor permit modification 
application immediately after it files such application. After the 
source makes the change allowed by the preceding sentence, and until the 
permitting authority takes any of the actions specified in paragraphs 
(e)(2)(v) (A) through (C) of this section, the source must comply with 
both the applicable requirements governing the change and the proposed 
permit terms and conditions. During this time period, the source need 
not comply with the existing permit terms and conditions it seeks to 
modify. However, if the source fails to comply with its proposed permit 
terms and conditions during this time period, the existing permit terms 
and conditions it seeks to modify may be enforced against it.
    (vi) Permit shield. The permit shield under Sec. 70.6(f) of this 
part may not extend to minor permit modifications.

[[Page 1274]]

    (3) Group processing of minor permit modifications. Consistent with 
this paragraph, the permitting authority may modify the procedure 
outlined in paragraph (e)(2) of this section to process groups of a 
source's applications for certain modifications eligible for minor 
permit modification processing.
    (i) Criteria. Group processing of modifications may be used only for 
those permit modifications:
    (A) That meet the criteria for minor permit modification procedures 
under paragraph (e)(2)(i)(A) of this section; and
    (B) That collectively are below the threshold level approved by the 
Administrator as part of the approved program. Unless the State sets an 
alternative threshold consistent with the criteria set forth in 
paragraphs (e)(3)(i)(B) (1) and (2) of this section, this threshold 
shall be 10 percent of the emissions allowed by the permit for the 
emissions unit for which the change is requested, 20 percent of the 
applicable definition of major source in Sec. 70.2 of this part, or 5 
tons per year, whichever is least. In establishing any alternative 
threshold, the State shall consider:
    (1) Whether group processing of amounts below the threshold levels 
reasonably alleviates severe administrative burdens that would be 
imposed by immediate permit modification review, and
    (2) Whether individual processing of changes below the threshold 
levels would result in trivial environmental benefits.
    (ii) Application. An application requesting the use of group 
processing procedures shall meet the requirements of Sec. 70.5(c) of 
this part and shall include the following:
    (A) A description of the change, the emissions resulting from the 
change, and any new applicable requirements that will apply if the 
change occurs.
    (B) The source's suggested draft permit.
    (C) Certification by a responsible official, consistent with 
Sec. 70.5(d) of this part, that the proposed modification meets the 
criteria for use of group processing procedures and a request that such 
procedures be used.
    (D) A list of the source's other pending applications awaiting group 
processing, and a determination of whether the requested modification, 
aggregated with these other applications, equals or exceeds the 
threshold set under paragraph (e)(3)(i)(B) of this section.
    (E) Certification, consistent with Sec. 70.5(d) of this part, that 
the source has notified EPA of the proposed modification. Such 
notification need only contain a brief description of the requested 
modification.
    (F) Completed forms for the permitting authority to use to notify 
the Administrator and affected States as required under Sec. 70.8 of 
this part.
    (iii) EPA and affected State notification. On a quarterly basis or 
within 5 business days of receipt of an application demonstrating that 
the aggregate of a source's pending applications equals or exceeds the 
threshold level set under paragraph (e)(3)(i)(B) of this section, 
whichever is earlier, the permitting authority promptly shall meet its 
obligations under Secs. 70.8 (a)(1) and (b)(1) to notify the 
Administrator and affected States of the requested permit modifications. 
The permitting authority shall send any notice required under 
Sec. 70.8(b)(2) of this part to the Administrator.
    (iv) Timetable for issuance. The provisions of paragraph (e)(2)(iv) 
of this section shall apply to modifications eligible for group 
processing, except that the permitting authority shall take one of the 
actions specified in paragraphs (e)(2)(iv) (A) through (D) of this 
section within 180 days of receipt of the application or 15 days after 
the end of the Administrator's 45-day review period under Sec. 70.8(c) 
of this part, whichever is later.
    (v) Source's ability to make change. The provisions of paragraph 
(e)(2)(v) of this section shall apply to modifications eligible for 
group processing.
    (vi) Permit shield. The provisions of paragraph (e)(2)(vi) of this 
section shall also apply to modifications eligible for group processing.
    (4) Significant modification procedures--(i) Criteria. Significant 
modification procedures shall be used for applications requesting permit 
modifications that do not qualify as minor permit modifications or as 
administrative amendments. The State program shall

[[Page 1275]]

contain criteria for determining whether a change is significant. At a 
minimum, every significant change in existing monitoring permit terms or 
conditions and every relaxation of reporting or recordkeeping permit 
terms or conditions shall be considered significant. Nothing herein 
shall be construed to preclude the permittee from making changes 
consistent with this part that would render existing permit compliance 
terms and conditions irrelevant.
    (ii) The State program shall provide that significant permit 
modifications shall meet all requirements of this part, including those 
for applications, public participation, review by affected States, and 
review by EPA, as they apply to permit issuance and permit renewal. The 
permitting authority shall design and implement this review process to 
complete review on the majority of significant permit modifications 
within 9 months after receipt of a complete application.
    (f) Reopening for cause. (1) Each issued permit shall include 
provisions specifying the conditions under which the permit will be 
reopened prior to the expiration of the permit. A permit shall be 
reopened and revised under any of the following circumstances:
    (i) Additional applicable requirements under the Act become 
applicable to a major part 70 source with a remaining permit term of 3 
or more years. Such a reopening shall be completed not later than 18 
months after promulgation of the applicable requirement. No such 
reopening is required if the effective date of the requirement is later 
than the date on which the permit is due to expire, unless the original 
permit or any of its terms and conditions has been extended pursuant to 
Sec. 70.4(b)(10) (i) or (ii) of this part.
    (ii) Additional requirements (including excess emissions 
requirements) become applicable to an affected source under the acid 
rain program. Upon approval by the Administrator, excess emissions 
offset plans shall be deemed to be incorporated into the permit.
    (iii) The permitting authority or EPA determines that the permit 
contains a material mistake or that inaccurate statements were made in 
establishing the emissions standards or other terms or conditions of the 
permit.
    (iv) The Administrator or the permitting authority determines that 
the permit must be revised or revoked to assure compliance with the 
applicable requirements.
    (2) Proceedings to reopen and issue a permit shall follow the same 
procedures as apply to initial permit issuance and shall affect only 
those parts of the permit for which cause to reopen exists. Such 
reopening shall be made as expeditiously as practicable.
    (3) Reopenings under paragraph (f)(1) of this section shall not be 
initiated before a notice of such intent is provided to the part 70 
source by the permitting authority at least 30 days in advance of the 
date that the permit is to be reopened, except that the permitting 
authority may provide a shorter time period in the case of an emergency.
    (g) Reopenings for cause by EPA. (1) If the Administrator finds that 
cause exists to terminate, modify, or revoke and reissue a permit 
pursuant to paragraph (f) of this section, the Administrator will notify 
the permitting authority and the permittee of such finding in writing.
    (2) The permitting authority shall, within 90 days after receipt of 
such notification, forward to EPA a proposed determination of 
termination, modification, or revocation and reissuance, as appropriate. 
The Administrator may extend this 90-day period for an additional 90 
days if he finds that a new or revised permit application is necessary 
or that the permitting authority must require the permittee to submit 
additional information.
    (3) The Administrator will review the proposed determination from 
the permitting authority within 90 days of receipt.
    (4) The permitting authority shall have 90 days from receipt of an 
EPA objection to resolve any objection that EPA makes and to terminate, 
modify, or revoke and reissue the permit in accordance with the 
Administrator's objection.
    (5) If the permitting authority fails to submit a proposed 
determination pursuant to paragraph (g)(2) of this section or fails to 
resolve any objection

[[Page 1276]]

pursuant to paragraph (g)(4) of this section, the Administrator will 
terminate, modify, or revoke and reissue the permit after taking the 
following actions:
    (i) Providing at least 30 days' notice to the permittee in writing 
of the reasons for any such action. This notice may be given during the 
procedures in paragraphs (g) (1) through (4) of this section.
    (ii) Providing the permittee an opportunity for comment on the 
Administrator's proposed action and an opportunity for a hearing.
    (h) Public participation. Except for modifications qualifying for 
minor permit modification procedures, all permit proceedings, including 
initial permit issuance, significant modifications, and renewals, shall 
provide adequate procedures for public notice including offering an 
opportunity for public comment and a hearing on the draft permit. These 
procedures shall include the following:
    (1) Notice shall be given: by publication in a newspaper of general 
circulation in the area where the source is located or in a State 
publication designed to give general public notice; to persons on a 
mailing list developed by the permitting authority, including those who 
request in writing to be on the list; and by other means if necessary to 
assure adequate notice to the affected public;
    (2) The notice shall identify the affected facility; the name and 
address of the permittee; the name and address of the permitting 
authority processing the permit; the activity or activities involved in 
the permit action; the emissions change involved in any permit 
modification; the name, address, and telephone number of a person from 
whom interested persons may obtain additional information, including 
copies of the permit draft, the application, all relevant supporting 
materials, including those set forth in Sec. 70.4(b)(3)(viii) of this 
part, and all other materials available to the permitting authority that 
are relevant to the permit decision; a brief description of the comment 
procedures required by this part; and the time and place of any hearing 
that may be held, including a statement of procedures to request a 
hearing (unless a hearing has already been scheduled);
    (3) The permitting authority shall provide such notice and 
opportunity for participation by affected States as is provided for by 
Sec. 70.8 of this part;
    (4) Timing. The permitting authority shall provide at least 30 days 
for public comment and shall give notice of any public hearing at least 
30 days in advance of the hearing.
    (5) The permitting authority shall keep a record of the commenters 
and also of the issues raised during the public participation process so 
that the Administrator may fulfill his obligation under section 
505(b)(2) of the Act to determine whether a citizen petition may be 
granted, and such records shall be available to the public.



Sec. 70.8  Permit review by EPA and affected States.

    (a) Transmission of information to the Administrator. (1) The permit 
program shall require that the permitting authority provide to the 
Administrator a copy of each permit application (including any 
application for permit modification), each proposed permit, and each 
final part 70 permit. The applicant may be required by the permitting 
authority to provide a copy of the permit application (including the 
compliance plan) directly to the Administrator. Upon agreement with the 
Administrator, the permitting authority may submit to the Administrator 
a permit application summary form and any relevant portion of the permit 
application and compliance plan, in place of the complete permit 
application and compliance plan. To the extent practicable, the 
preceding information shall be provided in computer-readable format 
compatible with EPA's national database management system.
    (2) The Administrator may waive the requirements of paragraphs 
(a)(1) and (b)(1) of this section for any category of sources (including 
any class, type, or size within such category) other than major sources 
according to the following:
    (i) By regulation for a category of sources nationwide, or

[[Page 1277]]

    (ii) At the time of approval of a State program for a category of 
sources covered by an individual permitting program.
    (3) Each State permitting authority shall keep for 5 years such 
records and submit to the Administrator such information as the 
Administrator may reasonably require to ascertain whether the State 
program complies with the requirements of the Act or of this part.
    (b) Review by affected States. (1) The permit program shall provide 
that the permitting authority give notice of each draft permit to any 
affected State on or before the time that the permitting authority 
provides this notice to the public under Sec. 70.7(h) of this part, 
except to the extent Sec. 70.7(e) (2) or (3) of this part requires the 
timing of the notice to be different.
    (2) The permit program shall provide that the permitting authority, 
as part of the submittal of the proposed permit to the Administrator [or 
as soon as possible after the submittal for minor permit modification 
procedures allowed under Sec. 70.7(e) (2) or (3) of this part], shall 
notify the Administrator and any affected State in writing of any 
refusal by the permitting authority to accept all recommendations for 
the proposed permit that the affected State submitted during the public 
or affected State review period. The notice shall include the permitting 
authority's reasons for not accepting any such recommendation. The 
permitting authority is not required to accept recommendations that are 
not based on applicable requirements or the requirements of this part.
    (c) EPA objection. (1) The Administrator will object to the issuance 
of any proposed permit determined by the Administrator not to be in 
compliance with applicable requirements or requirements under this part. 
No permit for which an application must be transmitted to the 
Administrator under paragraph (a) of this section shall be issued if the 
Administrator objects to its issuance in writing within 45 days of 
receipt of the proposed permit and all necessary supporting information.
    (2) Any EPA objection under paragraph (c)(1) of this section shall 
include a statement of the Administrator's reasons for objection and a 
description of the terms and conditions that the permit must include to 
respond to the objections. The Administrator will provide the permit 
applicant a copy of the objection.
    (3) Failure of the permitting authority to do any of the following 
also shall constitute grounds for an objection:
    (i) Comply with paragraphs (a) or (b) of this section;
    (ii) Submit any information necessary to review adequately the 
proposed permit; or
    (iii) Process the permit under the procedures approved to meet 
Sec. 70.7(h) of this part except for minor permit modifications.
    (4) If the permitting authority fails, within 90 days after the date 
of an objection under paragraph (c)(1) of this section, to revise and 
submit a proposed permit in response to the objection, the Administrator 
will issue or deny the permit in accordance with the requirements of the 
Federal program promulgated under title V of this Act.
    (d) Public petitions to the Administrator. The program shall provide 
that, if the Administrator does not object in writing under paragraph 
(c) of this section, any person may petition the Administrator within 60 
days after the expiration of the Administrator's 45-day review period to 
make such objection. Any such petition shall be based only on objections 
to the permit that were raised with reasonable specificity during the 
public comment period provided for in Sec. 70.7(h) of this part, unless 
the petitioner demonstrates that it was impracticable to raise such 
objections within such period, or unless the grounds for such objection 
arose after such period. If the Administrator objects to the permit as a 
result of a petition filed under this paragraph, the permitting 
authority shall not issue the permit until EPA's objection has been 
resolved, except that a petition for review does not stay the 
effectiveness of a permit or its requirements if the permit was issued 
after the end of the 45-day review period and prior to an EPA objection. 
If the permitting authority has issued a permit prior to receipt of an 
EPA objection under this paragraph, the Administrator will modify, 
terminate, or revoke such permit, and shall do so consistent with the

[[Page 1278]]

procedures in Sec. 70.7(g) (4) or (5) (i) and (ii) of this part except 
in unusual circumstances, and the permitting authority may thereafter 
issue only a revised permit that satisfies EPA's objection. In any case, 
the source will not be in violation of the requirement to have submitted 
a timely and complete application.
    (e) Prohibition on default issuance. Consistent with 
Sec. 70.4(b)(3)(ix) of this part, for the purposes of Federal law and 
title V of the Act, no State program may provide that a part 70 permit 
(including a permit renewal or modification) will issue until affected 
States and EPA have had an opportunity to review the proposed permit as 
required under this section. When the program is submitted for EPA 
review, the State Attorney General or independent legal counsel shall 
certify that no applicable provision of State law requires that a part 
70 permit or renewal be issued after a certain time if the permitting 
authority has failed to take action on the application (or includes any 
other similar provision providing for default issuance of a permit), 
unless EPA has waived such review for EPA and affected States.



Sec. 70.9   Fee determination and certification.

    (a) Fee Requirement. The State program shall require that the owners 
or operators of part 70 sources pay annual fees, or the equivalent over 
some other period, that are sufficient to cover the permit program costs 
and shall ensure that any fee required by this section will be used 
solely for permit program costs.
    (b) Fee schedule adequacy. (1) The State program shall establish a 
fee schedule that results in the collection and retention of revenues 
sufficient to cover the permit program costs. These costs include, but 
are not limited to, the costs of the following activities as they relate 
to the operating permit program for stationary sources:
    (i) Preparing generally applicable regulations or guidance regarding 
the permit program or its implementation or enforcement;
    (ii) Reviewing and acting on any application for a permit, permit 
revision, or permit renewal, including the development of an applicable 
requirement as part of the processing of a permit, or permit revision or 
renewal;
    (iii) General administrative costs of running the permit program, 
including the supporting and tracking of permit applications, compliance 
certification, and related data entry;
    (iv) Implementing and enforcing the terms of any part 70 permit (not 
including any court costs or other costs associated with an enforcement 
action), including adequate resources to determine which sources are 
subject to the program;
    (v) Emissions and ambient monitoring;
    (vi) Modeling, analyses, or demonstrations;
    (vii) Preparing inventories and tracking emissions; and
    (viii) Providing direct and indirect support to sources under the 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program contained in section 507 of the Act in determining 
and meeting their obligations under this part.
    (2)(i) The Administrator will presume that the fee schedule meets 
the requirements of paragraph (b)(1) of this section if it would result 
in the collection and retention of an amount not less than $25 per year 
[as adjusted pursuant to the criteria set forth in paragraph (b)(2)(iv) 
of this section] times the total tons of the actual emissions of each 
regulated pollutant (for presumptive fee calculation) emitted from part 
70 sources.
    (ii) The State may exclude from such calculation:
    (A) The actual emissions of sources for which no fee is required 
under paragraph (b)(4) of this section;
    (B) The amount of a part 70 source's actual emissions of each 
regulated pollutant (for presumptive fee calculation) that the source 
emits in excess of four thousand (4,000) tpy;
    (C) A part 70 source's actual emissions of any regulated pollutant 
(for presumptive fee calculation), the emissions of which are already 
included in the minimum fees calculation; or
    (D) The insignificant quantities of actual emissions not required in 
a permit application pursuant to Sec. 70.5(c).

[[Page 1279]]

    (iii) ``Actual emissions'' means the actual rate of emissions in 
tons per year of any regulated pollutant (for presumptive fee 
calculation) emitted from a part 70 source over the preceding calendar 
year or any other period determined by the permitting authority to be 
representative of normal source operation and consistent with the fee 
schedule approved pursuant to this section. Actual emissions shall be 
calculated using the unit's actual operating hours, production rates, 
and in-place control equipment, types of materials processed, stored, or 
combusted during the preceding calendar year or such other time period 
established by the permitting authority pursuant to the preceding 
sentence.
    (iv) The program shall provide that the $25 per ton per year used to 
calculate the presumptive minimum amount to be collected by the fee 
schedule, as described in paragraph (b)(2)(i) of this section, shall be 
increased each year by the percentage, if any, by which the Consumer 
Price Index for the most recent calendar year ending before the 
beginning of such year exceeds the Consumer Price Index for the calendar 
year 1989.
    (A) The Consumer Price Index for any calendar year is the average of 
the Consumer Price Index for all-urban consumers published by the 
Department of Labor, as of the close of the 12-month period ending on 
August 31 of each calendar year.
    (B) The revision of the Consumer Price Index which is most 
consistent with the Consumer Price Index for the calendar year 1989 
shall be used.
    (3) The State program's fee schedule may include emissions fees, 
application fees, service-based fees or other types of fees, or any 
combination thereof, to meet the requirements of paragraph (b)(1) or 
(b)(2) of this section. Nothing in the provisions of this section shall 
require a permitting authority to calculate fees on any particular basis 
or in the same manner for all part 70 sources, all classes or categories 
of part 70 sources, or all regulated air pollutants, provided that the 
permitting authority collects a total amount of fees sufficient to meet 
the program support requirements of paragraph (b)(1) of this section.
    (4) Notwithstanding any other provision of this section, during the 
years 1995 through 1999 inclusive, no fee for purposes of title V shall 
be required to be paid with respect to emissions from any affected unit 
under section 404 of the Act.
    (5) The State shall provide a detailed accounting that its fee 
schedule meets the requirements of paragraph (b)(1) of this section if:
    (i) The State sets a fee schedule that would result in the 
collection and retention of an amount less than that presumed to be 
adequate under paragraph (b)(2) of this section; or
    (ii) The Administrator determines, based on comments rebutting the 
presumption in paragraph (b)(2) of this section or on his own 
initiative, that there are serious questions regarding whether the fee 
schedule is sufficient to cover the permit program costs.
    (c) Fee demonstration. The permitting authority shall provide a 
demonstration that the fee schedule selected will result in the 
collection and retention of fees in an amount sufficient to meet the 
requirements of this section.
    (d) Use of Required Fee Revenue. The Administrator will not approve 
a demonstration as meeting the requirements of this section, unless it 
contains an initial accounting (and periodic updates as required by the 
Administrator) of how required fee revenues are used solely to cover the 
costs of meeting the various functions of the permitting program.



Sec. 70.10  Federal oversight and   sanctions.

    (a) Failure to submit an approvable program. (1) If a State fails to 
submit a fully-approvable whole part 70 program, or a required revision 
thereto, in conformance with the provisions of Sec. 70.4, or if an 
interim approval expires and the Administrator has not approved a whole 
part 70 program:
    (i) At any time the Administrator may apply any one of the sanctions 
specified in section 179(b) of the Act; and
    (ii) Eighteen months after the date required for submittal or the 
date of disapproval by the Administrator, the Administrator will apply 
such sanctions in the same manner and with the

[[Page 1280]]

same conditions as are applicable in the case of a determination, 
disapproval, or finding under section 179(a) of the Act.
    (2) If full approval of a whole part 70 program has not taken place 
within 2 years after the date required for such submission, the 
Administrator will promulgate, administer, and enforce a whole program 
or a partial program as appropriate for such State.
    (b) State failure to administer or enforce. Any State program 
approved by the Administrator shall at all times be conducted in 
accordance with the requirements of this part and of any agreement 
between the State and the Administrator concerning operation of the 
program.
    (1) Whenever the Administrator makes a determination that a 
permitting authority is not adequately administering or enforcing a part 
70 program, or any portion thereof, the Administrator will notify the 
permitting authority of the determination and the reasons therefore. The 
Administrator will publish such notice in the Federal Register.
    (2) If, 90 days after issuing the notice under paragraph (c)(1) of 
this section, the permitting authority fails to take significant action 
to assure adequate administration and enforcement of the program, the 
Administrator may take one or more of the following actions:
    (i) Withdraw approval of the program or portion thereof using 
procedures consistent with Sec. 70.4(e) of this part;
    (ii) Apply any of the sanctions specified in section 179(b) of the 
Act;
    (iii) Promulgate, administer, or enforce a Federal program under 
title V of the Act.
    (3) Whenever the Administrator has made the finding and issued the 
notice under paragraph (c)(1) of this section, the Administrator will 
apply the sanctions under section 179(b) of the Act 18 months after that 
notice. These sanctions will be applied in the same manner and subject 
to the same deadlines and other conditions as are applicable in the case 
of a determination, disapproval, or finding under section 179(a) of the 
Act.
    (4) Whenever the Administrator has made the finding and issued the 
notice under paragraph (c)(1) of this section, the Administrator will, 
unless the State has corrected such deficiency within 18 months after 
the date of such finding, promulgate, administer, and enforce, a whole 
or partial program 2 years after the date of such finding.
    (5) Nothing in this section shall limit the Administrator's 
authority to take any enforcement action against a source for violations 
of the Act or of a permit issued under rules adopted pursuant to this 
section in a State that has been delegated responsibility by EPA to 
implement a Federal program promulgated under title V of the Act.
    (6) Where a whole State program consists of an aggregate of partial 
programs, and one or more partial programs fails to be fully approved or 
implemented, the Administrator may apply sanctions only in those areas 
for which the State failed to submit or implement an approvable program.
    (c) Criteria for withdrawal of State programs. (1) The Administrator 
may, in accordance with the procedures of paragraph (c) of this section, 
withdraw program approval in whole or in part whenever the approved 
program no longer complies with the requirements of this part, and the 
permitting authority fails to take corrective action. Such 
circumstances, in whole or in part, include any of the following:
    (i) Where the permitting authority's legal authority no longer meets 
the requirements of this part, including the following:
    (A) The permitting authority fails to promulgate or enact new 
authorities when necessary; or
    (B) The State legislature or a court strikes down or limits State 
authorities to administer or enforce the State program.
    (ii) Where the operation of the State program fails to comply with 
the requirements of this part, including the following:
    (A) Failure to exercise control over activities required to be 
regulated under this part, including failure to issue permits;
    (B) Repeated issuance of permits that do not conform to the 
requirements of this part;
    (C) Failure to comply with the public participation requirements of 
Sec. 70.7(h) of this part;

[[Page 1281]]

    (D) Failure to collect, retain, or allocate fee revenue consistent 
with Sec. 70.9 of this part; or
    (E) Failure in a timely way to act on any applications for permits 
including renewals and revisions.
    (iii) Where the State fails to enforce the part 70 program 
consistent with the requirements of this part, including the following:
    (A) Failure to act on violations of permits or other program 
requirements;
    (B) Failure to seek adequate enforcement penalties and fines and 
collect all assessed penalties and fines; or
    (C) Failure to inspect and monitor activities subject to regulation.
    (d) Federal collection of fees. If the Administrator determines that 
the fee provisions of a part 70 program do not meet the requirements of 
Sec. 70.9 of this part, or if the Administrator makes a determination 
under paragraph (c)(1) of this section that the permitting authority is 
not adequately administering or enforcing an approved fee program, the 
Administrator may, in addition to taking any other action authorized 
under title V of the Act, collect reasonable fees to cover the 
Administrator's costs of administering the provisions of the permitting 
program promulgated by the Administrator, without regard to the 
requirements of Sec. 70.9 of this part.



Sec. 70.11  Requirements for enforcement authority.

    All programs to be approved under this part must contain the 
following provisions:
    (a) Enforcement authority. Any agency administering a program shall 
have the following enforcement authority to address violations of 
program requirements by part 70 sources:
    (1) To restrain or enjoin immediately and effectively any person by 
order or by suit in court from engaging in any activity in violation of 
a permit that is presenting an imminent and substantial endangerment to 
the public health or welfare, or the environment.
    (2) To seek injunctive relief in court to enjoin any violation of 
any program requirement, including permit conditions, without the 
necessity of a prior revocation of the permit.
    (3) To assess or sue to recover in court civil penalties and to seek 
criminal remedies, including fines, according to the following:
    (i) Civil penalties shall be recoverable for the violation of any 
applicable requirement; any permit condition; any fee or filing 
requirement; any duty to allow or carry out inspection, entry or 
monitoring activities or, any regulation or orders issued by the 
permitting authority. These penalties shall be recoverable in a maximum 
amount of not less than $10,000 per day per violation. State law shall 
not include mental state as an element of proof for civil violations.
    (ii) Criminal fines shall be recoverable against any person who 
knowingly violates any applicable requirement; any permit condition; or 
any fee or filing requirement. These fines shall be recoverable in a 
maximum amount of not less than $10,000 per day per violation.
    (iii) Criminal fines shall be recoverable against any person who 
knowingly makes any false material statement, representation or 
certification in any form, in any notice or report required by a permit, 
or who knowingly renders inaccurate any required monitoring device or 
method. These fines shall be recoverable in a maximum amount of not less 
than $10,000 per day per violation.
    (b) Burden of proof. The burden of proof and degree of knowledge or 
intent required under State law for establishing violations under 
paragraph (a)(3) of this section shall be no greater than the burden of 
proof or degree of knowledge or intent required under the Act.
    (c) Appropriateness of penalties and fines. A civil penalty or 
criminal fine assessed, sought, or agreed upon by the permitting 
authority under paragraph (a)(3) of this section shall be appropriate to 
the violation.

  Appendix A to Part 70--Approval Status of State and Local Operating 
                            Permits Programs

    This appendix provides information on the approval status of State 
and Local operating Permit Programs. An approved State part 70 program 
applies to all part 70 sources, as defined in that approved program, 
within such State, except for any source of air pollution

[[Page 1282]]

over which a federally recognized Indian Tribe has jurisdiction.

                                 Alabama

    (a) Alabama Department of Environmental Management: submitted on 
December 15, 1993, and supplemented on March 3, 1994; March 18, 1994; 
June 5, 1995; July 14, 1995; and August 28, 1995; interim approval 
effective on December 15, 1995; interim approval expires December 15, 
1997.
    (b) City of Huntsville Department of Natural Resources and 
Environmental Management: submitted on November 15, 1993, and 
supplemented on July 20, 1995; interim approval effective on December 
15, 1995; interim approval expires December 15, 1997.
    (c) Jefferson County Department of Health: submitted on December 14, 
1993, and supplemented on July 14, 1995; interim approval effective on 
December 15, 1995; interim approval expires December 15, 1997.

                                Arkansas

    (a) The ADPCE submitted its Operating Permits program on November 9, 
1993, for approval. Interim approval is effective on October 10, 1995. 
Interim approval will expire October 8, 1997.
    (b) [Reserved]

                               California

    The following district programs were submitted by the California Air 
Resources Board on behalf of:
    (a) Amador County Air Pollution Control District (APCD) (complete 
submittal received on September 30, 1994); interim approval effective on 
June 2, 1995; interim approval expires June 3, 1997.
    (b) Bay Area Air Quality Management District: Submitted on November 
16, 1993, amended on October 27, 1994, and effective as an interim 
program on July 24, 1995. Revisions to interim program submitted on 
March 23, 1995, and effective on August 22, 1995, unless adverse or 
critical comments are received by July 24, 1995. Approval of interim 
program, including March 23, 1995, revisions, expires July 23, 1997.
    (c) Butte County APCD (complete submittal received on December 16, 
1993); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (d) Calaveras County APCD (complete submittal received on October 
31, 1994); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (e) Colusa County APCD (complete submittal received on February 24, 
1994); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (f) El Dorado County APCD (complete submittal received on November 
16, 1993); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (g) Feather River Air Quality Management District (AQMD) (complete 
submittal received on December 27, 1993); interim approval effective on 
June 2, 1995; interim approval expires June 3, 1997.
    (h) Glenn County APCD (complete submittal received on December 27, 
1993); interim approval effective on August 14, 1995; interim approval 
expires August 13, 1997.
    (i) Great Basin Unified APCD (complete submittal received on January 
12, 1994); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (j) Imperial County APCD (complete submittal received on March 24, 
1994); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (k) Kern County APCD (complete submittal received on November 16, 
1993); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (l) Lake County AQMD (complete submittal received on March 15, 
1994); interim approval effective on August 14, 1995; interim approval 
expires August 13, 1997.
    (m) Lassen County APCD (complete submittal received on January 12, 
1994); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (n) Mariposa Air Pollution Control District: submitted on March 8, 
1995; approval effective on February 5, 1996 unless adverse or critical 
comments are received by January 8, 1996.
    (o) Mendocino County APCD (complete submittal received on December 
27, 1993); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (p) Modoc County APCD (complete submittal received on December 27, 
1993); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (q) Mojave Desert AQMD (complete submittal received on March 10, 
1995); interim approval effective on March 6, 1996; interim approval 
expires March 5, 1998.
    (r) Monterey Bay Unified Air Pollution Control District: submitted 
on December 6, 1993, supplemented on February 2, 1994 and April 7, 1994, 
and revised by the submittal made on October 13, 1994; interim approval 
effective on November 6, 1995; interim approval expires November 6, 
1997.
    (s) North Coast Unified AQMD (complete submittal received on 
February 24, 1994); interim approval effective on June 2, 1995; interim 
approval expires June 3, 1997.
    (t) Northern Sierra AQMD (complete submittal received on June 6, 
1994); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (u) Northern Sonoma County APCD (complete submittal received on 
January 12, 1994); interim approval effective on June 2, 1995; interim 
approval expires June 3, 1997.

[[Page 1283]]

    (v) Placer County APCD (complete submittal received on December 27, 
1993); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (w) the Sacramento Metropolitan Air Quality Management District: 
(complete submittal received on August 1, 1994); interim approval 
effective on September 5, 1995; interim approval expires September 4, 
1997.
    (x) San Diego Air Pollution Control District: submitted on April 22, 
1994 and amended on April 4, 1995 and October 10, 1995; approval 
effective on February 5, 1996, unless adverse or critical comments are 
received by January 8, 1996.
    (y) San Joaquin Valley Unified APCD (complete submittal received on 
July 5 and August 18, 1995); interim approval effective on May 24, 1996; 
interim approval expires May 25, 1998.
    (z) San Luis Obispo County APCD (complete submittal received on 
November 16, 1995); interim approval effective on December 1, 1995; 
interim approval expires December 1, 1997.
    (aa) Santa Barbara County Air Pollution Control District (APCD) 
submitted on November 15, 1993, as amended March 2, 1994, August 8, 
1994, December 8, 1994, and June 15, 1995; interim approval effective on 
December 1, 1995; interim approval expires December 1, 1997.
    (bb) Shasta County AQMD (complete submittal received on November 16, 
1993); interim approval effective on August 14, 1995; interim approval 
expires August 13, 1997.
    (cc) Siskiyou County APCD (complete submittal received on December 
6, 1993); interim approval effective on June 2, 1995; interim approval 
expires June 3, 997.
    (dd) [Reserved]
    (ee) Tehama County APCD (complete submittal received on December 6, 
1993); interim approval effective on August 14, 1995; interim approval 
expires August 13, 1997.
    (ff) Tuolumne County APCD (complete submittal received on November 
16, 1993); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.
    (gg) Ventura County Air Pollution Control District (APCD) submitted 
on November 16, 1993, as amended December 6, 1993; interim approval 
effective on December 1, 1995; interim approval expires December 1, 
1997.
    (hh) Yolo-Solano AQMD (complete submittal received on October 14, 
1994); interim approval effective on June 2, 1995; interim approval 
expires June 3, 1997.

                                Colorado

    (a) Colorado Department Health-Air Pollution Control Division: 
submitted on November 5, 1993; effective on February 23, 1995; interim 
approval expires February 24, 1997.
    (b) [Reserved]

                                Delaware

    (a) Department of Natural Resources and Environmental Control: 
submitted on November 15, 1993 and amended on November 22, 1993, 
February 9, 1994, May 15, 1995 and September 5, 1995; interim approval 
effective on January 3, 1996; interim approval expires January 5, 1998.
    (b) [Reserved]

                          District of Columbia

    (a) Environmental Regulation Administration: submitted on January 
13, 1994 and March 11, 1994; interim approval effective on September 6, 
1995; interim approval expires September 8, 1997.
    (b) [Reserved]

                                 Florida

    (a) Florida Department of Environmental Protection: submitted on 
November 16, 1993, and supplemented on July 8, 1994, November 28, 1994, 
December 21, 1994, December 22, 1994, and January 11, 1995; interim 
approval effective on October 25, 1995; interim approval expires October 
25, 1997.
    (b) [Reserved]

                                 Georgia

    (a) The Georgia Department of Natural Resources submitted on 
November 12, 1993, and supplemented on June 24, 1994; November 14, 1994; 
and June 5, 1995; interim approval effective on December 22, 1995; 
interim approval expires December 22, 1997.
    (b) [Reserved]

                                 Hawaii

    (a) Department of Health; submitted on December 20, 1993; effective 
on December 1, 1994; interim approval expires December 1, 1996.
    (b) [Reserved]

                                Illinois

    (a) The Illinois Environmental Protection Agency: submitted on 
November 15, 1993; interim approval effective on March 7, 1995; interim 
approval expires March 7, 1997.
    (b) [Reserved]

                                 Indiana

    (a) The Indiana Department of Environmental Management: submitted on 
August 10, 1994; interim approval effective on December 14, 1995; 
interim approval expires December 14, 1997.
    (b) [Reserved]

[[Page 1284]]

                                  Iowa

    (a) The Iowa Department of Natural Resources submitted on November 
15, 1993, and supplemented by correspondence dated March 15, 1994; 
August 8, 1994; October 5, 1994; December 6, 1994; December 15, 1994; 
February 6, 1995; March 1, 1995; March 23, 1995; and May 26, 1995. 
Interim approval effective on October 2, 1995; interim approval expires 
October 1, 1997.
    (b) [Reserved]

                                 Kansas

    (a) The Kansas Department of Health and Environment program 
submitted on December 12, 1994; April 7 and 17, 1995; November 14, 1995; 
and December 13, 1995. Full approval effective on February 29, 1996.
    (b) [Reserved]

                                Kentucky

    (a) Kentucky Natural Resources and Environmental Protection Cabinet: 
submitted on December 27, 1993, and supplemented on November 15, 1994, 
April 14, 1995, May 3, 1995 and May 22, 1995; interim approval effective 
on December 14, 1995; interim approval expires on December 14, 1997.
    (b) Air Pollution Control District of Jefferson County, Kentucky: 
submitted on February 1, 1994, and supplemented on November 15, 1994, 
May 3, 1995, July 14, 1995 and February 16, 1996; full approval 
effective on April 22, 1996.

                                Louisiana

    (a) The Louisiana Department of Environmental Quality, Air Quality 
Division submitted an Operating Permits program on November 15, 1993, 
which was revised November 10, 1994, and became effective on October 12, 
1995.
    (b) [Reserved]

                              Massachusetts

    (a) Department of Environmental Protection: submitted on April 28, 
1995; interim approval effective on May 15, 1996; interim approval 
expires May 15, 1998.
    (b) [Reserved]

                                Minnesota

    (a) Minnesota Pollution Control Agency; submitted on November 15, 
1993; effective July 17, 1995; interim approval expires July 16, 1997.
    (b) [Reserved]

                               Mississippi

    (a) Department of Environmental Quality: submitted on November 15, 
1993; full approval effective on January 27, 1995.
    (b) [Reserved]

                                Missouri

    (a) The Missouri Department of Natural Resources program submitted 
on January 13, 1995; August 14, 1995; September 19, 1995; and October 
16, 1995. Interim approval effective on May 13, 1996.
    (b) [Reserved]

                                 Montana

    (a) Montana Department of Health and Environmental Sciences--Air 
Quality Division: submitted on March 29, 1994; effective on June 12, 
1995; interim approval expires June 11, 1997.
    (b) [Reserved]

   Nebraska; City of Omaha; Lincoln-Lancaster County Health Department

    (a) The Nebraska Department of Environmental Quality submitted on 
November 15, 1993, supplemented by correspondence dated November 2, 
1994, and August 29, 1995, and amended Title V rules submitted June 14, 
1995.
    (b) Omaha Public Works Department submitted on November 15, 1993, 
supplemented by correspondence dated April 18, 1994; April 19, 1994; May 
13, 1994; August 12, 1994; and April 13, 1995. A delegation contract 
between the state and the city of Omaha became effective on June 6, 
1995.
    (c) Lincoln-Lancaster County Health Department submitted on November 
12, 1993, supplemented by correspondence dated June 23, 1994. Full 
approval effective on November 17, 1995.

                                 Nevada

    The following district program was submitted by the Nevada Division 
of Environmental Protection on behalf of:
    (a) Nevada Division of Environmental Protection: submitted on 
February 8, 1995; interim approval effective on January 11, 1996; 
interim approval expires January 12, 1998.
    (b) Washoe County District Health Department: submitted on November 
18, 1993; interim approval effective on March 6, 1995; interim approval 
expires February 5, 1997.
    (c) Clark County Air Quality Management District: submitted on 
January 12, 1994 and amended on July 18 and September 21, 1994; interim 
approval effective on August 14, 1995; interim approval expires August 
13, 1997.

[[Page 1285]]

                               New Jersey

    (a) The New Jersey Department of Environmental Protection submitted 
an operating permit program on November 15, 1993, revised on August 10, 
1995, with supplements on August 28, 1995, November 15, 1995, December 
4, 1995, and December 6, 1995; interim approval effective on June 17, 
1996; interim approval expires June 16, 1998.
    (b) [Reserved]

                               New Mexico

    (a) Environment Department; submitted on November 15, 1993; 
effective date on December 19, 1994; interim approval expires on 
December 19, 1996.
    (b) City of Albuquerque Environmental Health Department, Air 
Pollution Control Division: submitted on April 4, 1994; effective on 
March 13, 1995; interim approval expires August 10, 1996.

                             North Carolina

    (a) Department of Environment, Health and Natural Resources, Western 
North Carolina Regional Air Pollution Control Agency, Forsyth County 
Department of Environmental Affairs and the Mecklenburg County 
Department of Environmental Protection: submitted on November 12, 1993, 
and supplemented on December 17, 1993; February 28, 1994; May 31, 1994; 
and August 9, 1995; interim approval effective on December 15, 1995; 
interim approval expires December 15, 1997.
    (b) [Reserved]

                              North Dakota

    (a) North Dakota State Department of Health and Consolidated 
Laboratories--Environmental Health Section: submitted on May 11, 1994; 
effective on August 7, 1995; interim approval expires August 7, 1997.
    (b) [Reserved]

                                  Ohio

    (a) The Ohio Environmental Protection Agency submitted on July 22, 
1994; September 12, 1994; November 21, 1994; December 9, 1994; and 
January 5, 1995; full approval effective on October 1, 1995.
    (b) [Reserved]

                                Oklahoma

    (a) The Oklahoma Department of Environmental Quality submitted its 
operating permits program on January 12, 1994, for approval. Source 
category--limited interim approval is effective on March 6, 1996. 
Interim approval will expire March 5, 1998. The scope of the approval of 
the Oklahoma part 70 program excludes all sources of air pollution over 
which an Indian Tribe has jurisdiction.
    (b) [Reserved]

                                 Oregon

    (a) Oregon Department of Environmental Quality: submitted on 
November 15, 1993, as amended on November 15, 1994, and June 30, 1995; 
full approval effective on November 27, 1995.
    (b) Lane Regional Air Pollution Authority: submitted on November 15, 
1993, as amended on November 15, 1994, and June 30, 1995; full approval 
effective on November 27, 1995.

                               Puerto Rico

    (a) The Puerto Rico Environmental Quality Board submitted an 
operating permits program on November 15, 1993 with supplements on March 
22, 1994 and April 11, 1994 and revised on September 29, 1995; full 
approval effective on March 27, 1996.
    (b) [Reserved]

                              Rhode Island

    (a) Department of Environmental Management: submitted on June 20, 
1995; interim approval effective on July 5, 1996; interim approval 
expires July 6, 1998.
    (b) [Reserved]

                             South Carolina

    (a) Department of Health and Environmental Control: submitted on 
November 12, 1993; full approval effective on July 26, 1995.
    (b) [Reserved]

                              South Dakota

    (a) South Dakota Department of Environment and Natural Resources 
Division of Environmental Regulation: submitted on November 12, 1993; 
effective on April 21, 1995; interim approval expires April 22, 1997.
    (b) [Reserved]

    Editorial Note: At 61 FR 2722, Jan. 29, 1996, appendix A to part 70 
was amended by adding an entry for South Dakota. An entry already exists 
for South Dakota in the 1995 edition of this volume.

                              South Dakota

    (a) South Dakota Department of Environment and Natural Resources--
Division of Environmental Regulations: submitted on November 12, 1993; 
effective on February 28, 1996.
    (b) [Reserved]

                                Tennessee

    (a) [Reserved]

[[Page 1286]]

    (b) Chattanooga-Hamilton County Air Pollution Control Bureau, 
Hamilton County, State of Tennessee: submitted on November 22, 1993, and 
supplemented on January 23, 1995, February 24, 1995, October 13, 1995, 
and March 14, 1996; full approval effective on April 25, 1996.
    (c) The Knox County Department of Air Pollution Control; submitted 
on November 12, 1993, and supplemented on August 24, 1994; January 6 and 
19, 1995; February 6, 1995; May 23, 1995; September 18 and 25, 1995; and 
March 6, 1996; full approval effective on May 30, 1996, in the Federal 
Register.
    (d) The Metropolitan Health Department, Metropolitan Govenment of 
Nashville-Davidson County; submitted on November 13, 1993, and 
supplemented on April 19, 1994; September 27, 1994; December 28, 1994; 
and December 28, 1995; full approval effective on March 15, 1996.

                                  Texas

    (a) The TNRCC submitted its Operating Permits program on September 
17, 1993, and supplemental submittals on October 28, 1993, and November 
12, 1993, for approval. Source category-limited interim approval is 
effective on July 25, 1996. Interim approval will expire July 27, 1998. 
The scope of the approval of the Texas part 70 program excludes all 
sources of air pollution over which an Indian Tribe has jurisdiction.
    (b) [Reserved]

                                  Utah

    (a) Utah Department of Environmental Quality--Division of Air 
Quality: submitted on April 14, 1994; effective on July 10, 1995.
    (b) [Reserved]

                                Virginia

    (a) Department of Environmental Quality: submitted on November 19, 
1993; disapproval effective on January 4, 1995.
    (b) [Reserved]

                               Washington

    (a) Department of Ecology (Ecology): submitted on November 1, 1993; 
effective on December 9, 1994; interim approval expires December 9, 
1996.
    (b) Energy Facility Site Evaluation Council (EFSEC): submitted on 
November 1, 1993; effective on December 9, 1994; interim approval 
expires December 9, 1996.
    (c) Benton County Clean Air Authority (BCCAA): submitted on November 
1, 1993 and amended on September 29, 1994 and April 12, 1995; effective 
on December 9, 1994; interim approval expires December 9, 1996.
    (d) Northwest Air Pollution Authority (NWAPA): submitted on November 
1, 1993; effective on December 9, 1994; interim approval expires 
December 9, 1996.
    (e) Olympic Air Pollution Control Authority (OAPCA): submitted on 
November 1, 1993; effective on December 9, 1994; interim approval 
expires December 9, 1996.
    (f) Puget Sound Air Pollution Control Agency (PSAPCA): submitted on 
November 1, 1993; effective on December 9, 1994; interim approval 
expires December 9, 1996.
    (g) Southwest Air Pollution Control Authority (SWAPCA): submitted on 
November 1, 1993; effective on December 9, 1994; interim approval 
expires December 9, 1996.
    (h) Spokane County Air Pollution Control Authority (SCAPCA): 
submitted on November 1, 1993; effective on December 9, 1994; interim 
approval expires December 9, 1996.
    (i) Yakima County Clean Air Authority (YCCAA): submitted on November 
1, 1993 and amended on September 29, 1994; effective on December 9, 
1994; interim approval expires December 9, 1996.

                              West Virginia

    (a) Department of Commerce, Labor and Environmental Resources: 
submitted on November 12, 1993, and supplemented by the Division of 
Environmental Protection on August 26 and September 29, 1994; interim 
approval effective on December 15, 1995; interim approval expires 
December 15, 1997.
    (b) [Reserved]

                                Wisconsin

    (a) Department of Natural Resources: submitted on January 27, 1994; 
interim approval effective on April 5, 1995; interim approval expires 
April 7, 1997.
    (b) [Reserved]

                                 Wyoming

    (a) Department of Environmental Quality: submitted on November 19, 
1993; effective on February 21, 1995; interim approval expires February 
19, 1997.
    (b) [Reserved]

[59 FR 55820, Nov. 9, 1994]
    Editorial Note: For Federal Register citations affecting appendix A 
to part 70, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Notes: 1. At 61 FR 20155, May 6, 1996, appendix A to 
part 70 was amended by adding an entry for Rhode Island, effective July 
5, 1996.
    2. At 61 FR 32699, June 25, 1996, appendix A to part 70 was amended 
by adding an entry for Texas, effective July 25, 1996.

[[Page 1287]]



PART 71--FEDERAL OPERATING PERMIT PROGRAMS--Table of Contents




                      Subpart A--Operating Permits

Sec.
71.1  Program overview.
71.2  Definitions.
71.3  Sources subject to permitting requirements.
71.4  Program implementation.
71.5  Permit applications.
71.6  Permit content.
71.7  Permit issuance, renewal, reopenings, and revisions.
71.8  Affected State review.
71.9  Permit fees.
71.10  Delegation of part 71 program.
71.11  Administrative record, public participation, and administrative 
          review.
71.12  Prohibited acts.

             Subpart B--Permits for Early Reductions Sources

71.21  Program overview.
71.22  Definitions.
71.23  Applicability.
71.24  Permit applications.
71.25  Permit content.
71.26  Permit issuance, reopenings, and revisions.
71.27  Public participation and appeal.

    Authority: 42 U.S.C. 7401, et seq.

    Source: 59 FR 59924, Nov. 21, 1994, unless otherwise noted.



                      Subpart A--Operating Permits

    Source: 61 FR 34228, July 1, 1996, unless otherwise noted.

    Effective Date Note: At 61 FR 34228, July 1, 1996, subpart A to part 
71 was added, effective July 31, 1996.



Sec. 71.1  Program overview.

    (a) This part sets forth the comprehensive Federal air quality 
operating permits permitting program consistent with the requirements of 
title V of the Act (42 U.S.C. 7401 et seq.) and defines the requirements 
and the corresponding standards and procedures by which the 
Administrator will issue operating permits. This permitting program is 
designed to promote timely and efficient implementation of goals and 
requirements of the Act.
    (b) All sources subject to the operating permit requirements of 
title V and this part shall have a permit to operate that assures 
compliance by the source with all applicable requirements.
    (c) The requirements of this part, including provisions regarding 
schedules for submission and approval or disapproval of permit 
applications, shall apply to the permitting of affected sources under 
the acid rain program, except as provided herein or as modified by title 
IV of the Act and 40 CFR parts 72 through 78.
    (d) Issuance of permits under this part may be coordinated with 
issuance of permits under the Resource Conservation and Recovery Act (42 
U.S.C. 6901 et seq.) and under the Clean Water Act (33 U.S.C. 1251 et 
seq.), whether issued by the State, the U.S. Environmental Protection 
Agency (EPA), or the U.S. Army Corps of Engineers.
    (e) Nothing in this part shall prevent a State from administering an 
operating permits program and establishing more stringent requirements 
not inconsistent with the Act.



Sec. 71.2  Definitions.

    The following definitions apply to part 71. Except as specifically 
provided in this section, terms used in this part retain the meaning 
accorded them under the applicable requirements of the Act.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
    Affected source shall have the meaning given to it in 40 CFR 72.2.
    Affected States are:
    (1) All States and Tribal areas whose air quality may be affected 
and that are contiguous to the State or Tribal area in which the permit, 
permit modification or permit renewal is being proposed; or that are 
within 50 miles of the permitted source. A Tribe and any associated 
Tribal area shall be treated as a State under this paragraph (1) only if 
EPA has determined that the Tribe is an eligible Tribe.
    (2) The State or Tribal area in which a part 71 permit, permit 
modification, or permit renewal is being proposed. A Tribe and any 
associated Tribal area shall be treated as a State under this paragraph 
(2) only if EPA has determined that the Tribe is an eligible Tribe.
    (3) Those areas within the jurisdiction of the air pollution control 
agency

[[Page 1288]]

for the area in which a part 71 permit, permit modification, or permit 
renewal is being proposed.
    Affected unit shall have the meaning given to it in 40 CFR 72.2.
    Applicable requirement means all of the following as they apply to 
emissions units in a part 71 source (including requirements that have 
been promulgated or approved by EPA through rulemaking at the time of 
issuance but have future compliance dates):
    (1) Any standard or other requirement provided for in the applicable 
implementation plan approved or promulgated by EPA through rulemaking 
under title I of the Act that implements the relevant requirements of 
the Act, including any revisions to that plan promulgated in part 52 of 
this chapter;
    (2) Any term or condition of any preconstruction permits issued 
pursuant to regulations approved or promulgated through rulemaking under 
title I, including parts C or D, of the Act;
    (3) Any standard or other requirement under section 111 of the Act, 
including section 111(d);
    (4) Any standard or other requirement under section 112 of the Act, 
including any requirement concerning accident prevention under section 
112(r)(7) of the Act;
    (5) Any standard or other requirement of the acid rain program under 
title IV of the Act or 40 CFR parts 72 through 78;
    (6) Any requirements established pursuant to section 114(a)(3) or 
504(b) of the Act;
    (7) Any standard or other requirement governing solid waste 
incineration, under section 129 of the Act;
    (8) Any standard or other requirement for consumer and commercial 
products, under section 183(e) of the Act;
    (9) Any standard or other requirement for tank vessels, under 
section 183(f) of the Act;
    (10) Any standard or other requirement of the program to control air 
pollution from outer continental shelf sources, under section 328 of the 
Act;
    (11) Any standard or other requirement of the regulations 
promulgated at 40 CFR part 82 to protect stratospheric ozone under title 
VI of the Act, unless the Administrator has determined that such 
requirements need not be contained in a title V permit; and
    (12) Any national ambient air quality standard or increment or 
visibility requirement under part C of title I of the Act, but only as 
it would apply to temporary sources permitted pursuant to section 504(e) 
of the Act.
    Delegate agency means the State air pollution control agency, local 
agency, other State agency, Tribal agency, or other agency authorized by 
the Administrator pursuant to Sec. 71.10 to carry out all or part of a 
permit program under part 71.
    Designated representative shall have the meaning given to it in 
section 402(26) of the Act and 40 CFR 72.2.
    Draft permit means the version of a permit for which the permitting 
authority offers public participation under Sec. 71.7 or Sec. 71.11 and 
affected State review under Sec. 71.8.
    Eligible Indian Tribe or eligible Tribe means a Tribe that has been 
determined by EPA to meet the criteria for being treated in the same 
manner as a State, pursuant to the regulations implementing section 
301(d)(2) of the Act.
    Emissions allowable under the permit means a federally enforceable 
permit term or condition determined at issuance to be required by an 
applicable requirement that establishes an emissions limit (including a 
work practice standard) or a federally enforceable emissions cap that 
the source has assumed to avoid an applicable requirement to which the 
source would otherwise be subject.
    Emissions unit means any part or activity of a stationary source 
that emits or has the potential to emit any regulated air pollutant or 
any pollutant listed under section 112(b) of the Act. This term is not 
meant to alter or affect the definition of the term ``unit'' for 
purposes of title IV of the Act.
    EPA or the Administrator means the Administrator of the U.S. 
Environmental Protection Agency (EPA) or his or her designee.
    Federal Indian reservation, Indian reservation or reservation means 
all land

[[Page 1289]]

within the limits of any Indian reservation under the jurisdiction of 
the United States Government, notwithstanding the issuance of any 
patent, and including rights-of-way running through the reservation.
    Final permit means the version of a part 71 permit issued by the 
permitting authority that has completed all review procedures required 
by Secs. 71.7, 71.8, and 71.11.
    Fugitive emissions are those emissions which could not reasonably 
pass through a stack, chimney, vent, or other functionally-equivalent 
opening.
    General permit means a part 71 permit that meets the requirements of 
Sec. 71.6(d).
    Indian Tribe or Tribe means any Indian Tribe, band, nation, or other 
organized group or community, including any Alaskan native village, 
which is federally recognized as eligible for the special programs and 
services provided by the United States to Indians because of their 
status as Indians.
    Major source means any stationary source (or any group of stationary 
sources that are located on one or more contiguous or adjacent 
properties, and are under common control of the same person (or persons 
under common control)), belonging to a single major industrial grouping 
and that are described in paragraph (1), (2), or (3) of this definition. 
For the purposes of defining ``major source,'' a stationary source or 
group of stationary sources shall be considered part of a single 
industrial grouping if all of the pollutant emitting activities at such 
source or group of sources on contiguous or adjacent properties belong 
to the same Major Group (i.e., all have the same two-digit code) as 
described in the Standard Industrial Classification Manual, 1987.
    (1) A major source under section 112 of the Act, which is defined 
as:
    (i) For pollutants other than radionuclides, any stationary source 
or group of stationary sources located within a contiguous area and 
under common control that emits or has the potential to emit, in the 
aggregate, 10 tpy or more of any hazardous air pollutant which has been 
listed pursuant to section 112(b) of the Act, 25 tpy or more of any 
combination of such hazardous air pollutants, or such lesser quantity as 
the Administrator may establish by rule. Notwithstanding the preceding 
sentence, emissions from any oil or gas exploration or production well 
(with its associated equipment) and emissions from any pipeline 
compressor or pump station shall not be aggregated with emissions from 
other similar units, whether or not such units are in a contiguous area 
or under common control, to determine whether such units or stations are 
major sources; or
    (ii) For radionuclides, ``major source'' shall have the meaning 
specified by the Administrator by rule.
    (2) A major stationary source of air pollutants or any group of 
stationary sources as defined in section 302 of the Act, that directly 
emits, or has the potential to emit, 100 tpy or more of any air 
pollutant (including any major source of fugitive emissions of any such 
pollutant, as determined by rule by the Administrator). The fugitive 
emissions of a stationary source shall not be considered in determining 
whether it is a major stationary source for the purposes of section 
302(j) of the Act, unless the source belongs to one of the following 
categories of stationary source:
    (i) Coal cleaning plants (with thermal dryers);
    (ii) Kraft pulp mills;
    (iii) Portland cement plants;
    (iv) Primary zinc smelters;
    (v) Iron and steel mills;
    (vi) Primary aluminum ore reduction plants;
    (vii) Primary copper smelters;
    (viii) Municipal incinerators capable of charging more than 250 tons 
of refuse per day;
    (ix) Hydrofluoric, sulfuric, or nitric acid plants;
    (x) Petroleum refineries;
    (xi) Lime plants;
    (xii) Phosphate rock processing plants;
    (xiii) Coke oven batteries;
    (xiv) Sulfur recovery plants;
    (xv) Carbon black plants (furnace process);
    (xvi) Primary lead smelters;
    (xvii) Fuel conversion plants;
    (xviii) Sintering plants;

[[Page 1290]]

    (xix) Secondary metal production plants;
    (xx) Chemical process plants;
    (xxi) Fossil-fuel boilers (or combination thereof) totaling more 
than 250 million British thermal units per hour heat input;
    (xxii) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (xxiii) Taconite ore processing plants;
    (xxiv) Glass fiber processing plants;
    (xxv) Charcoal production plants;
    (xxvi) Fossil-fuel-fired steam electric plants of more than 250 
million British thermal units per hour heat input; or
    (xxvii) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (3) A major stationary source as defined in part D of title I of the 
Act, including:
    (i) For ozone nonattainment areas, sources with the potential to 
emit 100 tpy or more of volatile organic compounds or oxides of nitrogen 
in areas classified as ``marginal'' or ``moderate,'' 50 tpy or more in 
areas classified as ``serious''; 25 tpy or more in areas classified as 
``severe,'' and 10 tpy or more in areas classified as ``extreme''; 
except that the references in this paragraph (3)(i) to 100, 50, 25, and 
10 tpy of nitrogen oxides shall not apply with respect to any source for 
which the Administrator has made a finding, under section 182(f) (1) or 
(2) of the Act, that requirements under section 182(f) of the Act do not 
apply;
    (ii) For ozone transport regions established pursuant to section 184 
of the Act, sources with the potential to emit 50 tpy or more of 
volatile organic compounds;
    (iii) For carbon monoxide nonattainment areas:
    (A) That are classified as ``serious,'' and
    (B) in which stationary sources contribute significantly to carbon 
monoxide levels as determined under rules issued by the Administrator, 
sources with the potential to emit 50 tpy or more of carbon monoxide; 
and
    (iv) For particulate matter (PM-10) nonattainment areas classified 
as ``serious,'' sources with the potential to emit 70 tpy or more of PM-
10.
    Part 70 permit means any permit or group of permits covering a part 
70 source that has been issued, renewed, amended or revised pursuant to 
40 CFR part 70.
    Part 70 program or State program means a program approved by the 
Administrator under 40 CFR part 70.
    Part 70 source means any source subject to the permitting 
requirements of 40 CFR part 70, as provided in Secs. 70.3(a) and 
70.3(b).
    Part 71 permit, or permit (unless the context suggests otherwise) 
means any permit or group of permits covering a part 71 source that has 
been issued, renewed, amended or revised pursuant to this part.
    Part 71 program means a Federal operating permits program under this 
part.
    Part 71 source means any source subject to the permitting 
requirements of this part, as provided in Secs. 71.3(a) and 71.3(b).
    Permit modification means a revision to a part 71 permit that meets 
the requirements of Sec. 71.7(e).
    Permit program costs means all reasonable (direct and indirect) 
costs required to administer an operating permits program, as set forth 
in Sec. 71.9(b).
    Permit revision means any permit modification or administrative 
permit amendment.
    Permitting authority means one of the following:
    (1) The Administrator, in the case of EPA-implemented programs;
    (2) A delegate agency authorized by the Administrator to carry out a 
Federal permit program under this part; or
    (3) The State air pollution control agency, local agency, other 
State agency, Indian Tribe, or other agency authorized by the 
Administrator to carry out a permit program under 40 CFR part 70.
    Proposed permit means the version of a permit that the delegate 
agency proposes to issue and forwards to the Administrator for review in 
compliance with Sec. 71.10(d).
    Regulated air pollutant means the following:
    (1) Nitrogen oxides or any volatile organic compounds;

[[Page 1291]]

    (2) Any pollutant for which a national ambient air quality standard 
has been promulgated;
    (3) Any pollutant that is subject to any standard promulgated under 
section 111 of the Act;
    (4) Any Class I or II substance subject to a standard promulgated 
under or established by title VI of the Act; or
    (5) Any pollutant subject to a standard promulgated under section 
112 of the Act or other requirements established under section 112 of 
the Act, including sections 112 (g), (j), and (r) of the Act, including 
the following:
    (i) Any pollutant subject to requirements under section 112(j) of 
the Act. If the Administrator fails to promulgate a standard by the date 
established pursuant to section 112(e) of the Act, any pollutant for 
which a subject source would be major shall be considered to be 
regulated on the date 18 months after the applicable date established 
pursuant to section 112(e) of the Act; and
    (ii) Any pollutant for which the requirements of section 112(g)(2) 
of the Act have been met, but only with respect to the individual source 
subject to section 112(g)(2) requirements.
    Regulated pollutant (for fee calculation), which is used only for 
purposes of Sec. 71.9(c), means any regulated air pollutant except the 
following:
    (1) Carbon monoxide;
    (2) Any pollutant that is a regulated air pollutant solely because 
it is a Class I or II substance subject to a standard promulgated under 
or established by title VI of the Act; or
    (3) Any pollutant that is a regulated air pollutant solely because 
it is subject to a standard or regulation under section 112(r) of the 
Act.
    Renewal means the process by which a permit is reissued at the end 
of its term.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) the facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) the delegation of authority to such representative is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected sources:
    (i) The designated representative insofar as actions, standards, 
requirements, or prohibitions under title IV of the Act or 40 CFR parts 
72 through 78 are concerned; and
    (ii) The designated representative for any other purposes under part 
71.
    Section 502(b)(10) changes are changes that contravene an express 
permit term. Such changes do not include changes that would violate 
applicable requirements or contravene federally enforceable permit terms 
and conditions that are monitoring (including test methods), 
recordkeeping, reporting, or compliance certification requirements.
    State means any non-Federal permitting authority, including any 
local agency, interstate association, or statewide program. The term 
``State'' also includes the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Marianas Islands. Where such meaning is 
clear from the context, ``State'' shall have its conventional meaning. 
For purposes of the acid rain program, the term ``State'' shall be 
limited to authorities within the 48 contiguous States and the District 
of Columbia as provided in section 402(14) of the Act.

[[Page 1292]]

    Stationary source means any building, structure, facility, or 
installation that emits or may emit any regulated air pollutant or any 
pollutant listed under section 112(b) of the Act.



Sec. 71.3  Sources subject to permitting requirements.

    (a) Part 71 sources. The following sources are subject to the 
permitting requirements under this part:
    (1) Any major source;
    (2) Any source, including an area source, subject to a standard, 
limitation, or other requirement under section 111 of the Act;
    (3) Any source, including an area source, subject to a standard or 
other requirement under section 112 of the Act, except that a source is 
not required to obtain a permit solely because it is subject to 
regulations or requirements under section 112(r) of the Act;
    (4) Any affected source; and
    (5) Any source in a source category designated by the Administrator 
pursuant to this section.
    (b) Source category exemptions. (1) All sources listed in paragraph 
(a) of this section that are not major sources, affected sources, or 
solid waste incineration units required to obtain a permit pursuant to 
section 129(e) of the Act are exempted from the obligation to obtain a 
part 71 permit until such time as the Administrator completes a 
rulemaking to determine how the program should be structured for 
nonmajor sources and the appropriateness of any permanent exemptions in 
addition to those provided for in paragraph (b)(4) of this section.
    (2) In the case of nonmajor sources subject to a standard or other 
requirement under either section 111 or 112 of the Act after July 21, 
1992 publication, the Administrator will determine whether to exempt any 
or all such applicable sources from the requirement to obtain a part 70 
or part 71 permit at the time that the new standard is promulgated.
    (3) Any source listed in paragraph (a) of this section exempt from 
the requirement to obtain a permit under this section may opt to apply 
for a permit under a part 71 program.
    (4) The following source categories are exempted from the obligation 
to obtain a part 71 permit:
    (i) All sources and source categories that would be required to 
obtain a permit solely because they are subject to 40 CFR part 60, 
Subpart AAA---Standards of Performance for New Residential Wood Heaters; 
and
    (ii) All sources and source categories that would be required to 
obtain a permit solely because they are subject to 40 CFR part 61, 
Subpart M--National Emission Standard for Hazardous Air Pollutants for 
Asbestos, Sec. 61.145, Standard for Demolition and Renovation.
    (c) Emissions units and part 71 sources. (1) For major sources, the 
permitting authority shall include in the permit all applicable 
requirements for all relevant emissions units in the major source.
    (2) For any nonmajor source subject to the part 71 program under 
paragraphs (a) or (b) of this section, the permitting authority shall 
include in the permit all applicable requirements applicable to 
emissions units that cause the source to be subject to the part 71 
program.
    (d) Fugitive emissions. Fugitive emissions from a part 71 source 
shall be included in the permit application and the part 71 permit in 
the same manner as stack emissions, regardless of whether the source 
category in question is included in the list of sources contained in the 
definition of major source.



Sec. 71.4  Program implementation.

    (a) Part 71 programs for States. The Administrator will administer 
and enforce a full or partial operating permits program for a State 
(excluding Tribal areas) in the following situations:
    (1) A program for a State meeting the requirements of part 70 of 
this chapter has not been granted full approval under Sec. 70.4 of this 
chapter by the Administrator by July 31, 1996, and the State's part 70 
program has not been granted interim approval under Sec. 70.4(d) of this 
chapter for a period extending beyond July 31, 1996. The effective date 
of such a part 71 program is July 31, 1996.

[[Page 1293]]

    (2) An operating permits program for a State which was granted 
interim approval under Sec. 70.4(d) of this chapter has not been granted 
full approval by the Administrator by the expiration of the interim 
approval period or July 31, 1996, whichever is later. Such a part 71 
program shall be effective upon expiration of the interim approval or 
July 31, 1996 whichever is later.
    (3) Any partial part 71 program will be effective only in those 
portions of a State that are not covered by a partial part 70 program 
that has been granted full or interim approval by the Administrator 
pursuant to Sec. 70.4(c) of this chapter.
    (b) Part 71 programs for Tribal areas. The Administrator may 
administer and enforce an operating permits program for a Tribal area, 
as defined in Sec. 71.2, or by a rulemaking, when an operating permits 
program for the area which meets the requirements of part 70 of this 
chapter has not been granted full or interim approval by the 
Administrator by July 31, 1996.
    (1) [Reserved]
    (2) The effective date of a part 71 program for a Tribal area shall 
be November 15, 1997.
    (3) Notwithstanding paragraph (b)(2) of this section, the 
Administrator, in consultation with the governing body of the Tribal 
area, may adopt an earlier effective date.
    (4) Notwithstanding paragraph (i)(2) of this section, within 2 years 
of the effective date of the part 71 program for the Tribal area, the 
Administrator shall take final action on permit applications from part 
71 sources that are submitted within the first full year after the 
effective date of the part 71 program.
    (c) Part 71 programs imposed due to inadequate implementation. (1) 
The Administrator will administer and enforce an operating permits 
program for a permitting authority if the Administrator has notified the 
permitting authority, in accordance with Sec. 70.10(b)(1) of this 
chapter, of the Administrator's determination that a permitting 
authority is not adequately administering or enforcing its approved 
operating permits program, or any portion thereof, and the permitting 
authority fails to do either of the following:
    (i) Correct the deficiencies within 18 months after the 
Administrator issues the notice; or
    (ii) Take significant action to assure adequate administration and 
enforcement of the program within 90 days of the Administrator's notice.
    (2) The effective date of a part 71 program promulgated in 
accordance with this paragraph (c) shall be:
    (i) Two years after the Administrator's notice if the permitting 
authority has not corrected the deficiency within 18 months after the 
date of the Administrator's notice; or
    (ii) Such earlier time as the Administrator determines appropriate 
if the permitting authority fails, within 90 days of the Administrator's 
notice, to take significant action to assure adequate administration and 
enforcement of the program.
    (d) Part 71 programs for OCS sources. (1) Using the procedures of 
this part, the Administrator will issue permits to any source which is 
an outer continental shelf (OCS) source, as defined under Sec. 55.2 of 
this chapter, is subject to the requirements of part 55 of this chapter 
and section 328(a) of the Act, is subject to the requirement to obtain a 
permit under title V of the Act, and is either:
    (i) Located beyond 25 miles of States' seaward boundaries; or
    (ii) Located within 25 miles of States' seaward boundaries and a 
part 71 program is being administered and enforced by the Administrator 
for the corresponding onshore area, as defined in Sec. 55.2 of this 
chapter, for that source.
    (2) The requirements of Sec. 71.4(d)(1)(i) shall apply on July 31, 
1996.
    (3) The requirements of Sec. 71.4(d)(1)(ii) apply upon the effective 
date of a part 71 program for the corresponding onshore area.
    (e) Part 71 program for permits issued to satisfy an EPA objection. 
Using the procedures of this part and 40 CFR 70.8 (c) or (d), or 40 CFR 
70.7(g)(4) or (5) (i) and (ii), as appropriate, the Administrator will 
deny, terminate, revise, revoke or reissue a permit which has been 
proposed or issued by a permitting authority or will issue a part 71 
permit when:
    (1) A permitting authority with an approved part 70 operating 
permits program fails to respond to a timely objection to the issuance 
of a permit made

[[Page 1294]]

by the Administrator pursuant to section 505(b) of the Act and 
Sec. 70.8(c) and (d) of this chapter.
    (2) The Administrator, under Sec. 70.7(g) of this chapter, finds 
that cause exists to reopen a permit and the permitting authority fails 
to either:
    (i) Submit to the Administrator a proposed determination of 
termination, modification, or revocation and reissuance, as appropriate; 
or
    (ii) Resolve any objection EPA makes to the permit which the 
permitting authority proposes to issue in response to EPA's finding of 
cause to reopen, and to terminate, revise, or revoke and reissue the 
permit in accordance with that objection.
    (3) The requirements of this paragraph (e) shall apply on July 31, 
1996.
    (f) Use of selected provisions of this part. The Administrator may 
utilize any or all of the provisions of this part to administer the 
permitting process for individual sources or take action on individual 
permits, or may adopt through rulemaking portions of a State or Tribal 
program in combination with provisions of this part to administer a 
Federal program for the State or Tribal area in substitution of or 
addition to the Federal program otherwise required by this part.
    (g) Public notice of part 71 programs. In taking action to 
administer and enforce an operating permits program under this part, the 
Administrator will publish a notice in the Federal Register informing 
the public of such action and the effective date of any part 71 program 
as set forth in Sec. 71.4 (a), (b), (c), or (d)(1)(ii). The publication 
of this part in the Federal Register on July 1, 1996 serves as the 
notice for the part 71 permit programs described in Sec. 71.4(d)(1) (i) 
and (e). The EPA will also publish a notice in the Federal Register of 
any delegation of a portion of the part 71 program to a State, eligible 
Tribe, or local agency pursuant to the provisions of Sec. 71.10. In 
addition to notices published in the Federal Register under this 
paragraph (g), the Administrator will, to the extent practicable, 
publish notice in a newspaper of general circulation within the area 
subject to the part 71 program effectiveness or delegation, and will 
send a letter to the Tribal governing body for an Indian Tribe or the 
Governor (or his or her designee) of the affected area to provide notice 
of such effectiveness or delegation.
    (h) Effect of limited deficiencies in State or Tribal programs. The 
Administrator may administer and enforce a part 71 program in a State or 
Tribal area even if only limited deficiencies exist either in the 
initial program submittal for a State or eligible Tribe under part 70 of 
this chapter or in an existing State or Tribal program that has been 
approved under part 70 of this chapter.
    (i) Transition plan for initial permit issuance. If a full or 
partial part 71 program becomes effective in a State or Tribal area 
prior to the issuance of part 70 permits to all part 70 sources under an 
existing program that has been approved under part 70 of this chapter, 
the Administrator shall take final action on initial permit applications 
for all part 71 sources in accordance with the following transition 
plan.
    (1) All part 71 sources that have not received part 70 permits shall 
submit permit applications under this part within 1 year after the 
effective date of the part 71 program.
    (2) Final action shall be taken on at least one-third of such 
applications annually over a period not to exceed 3 years after such 
effective date.
    (3) Any complete permit application containing an early reduction 
demonstration under section 112(i)(5) of the Act shall be acted on 
within 12 months of receipt of the complete application.
    (4) Submittal of permit applications and the permitting of affected 
sources shall occur in accordance with the deadlines in title IV of the 
Act and 40 CFR parts 72 through 78.
    (j) Delegation of part 71 programs. The Administrator may promulgate 
a part 71 program in a State or Tribal area and delegate part of the 
responsibility for administering the part 71 program to the State or 
eligible Tribe in accordance with the provisions of Sec. 71.10; however, 
delegation of a part of a program will not constitute any type of 
approval of a State or Tribal operating permits program under part 70 of 
this chapter. Where only selected portions of a part 71 program are 
administered by the Administrator and the State or

[[Page 1295]]

eligible Tribe is delegated the remaining portions of the program, the 
Delegation Agreement referred to in Sec. 71.10 will define the 
respective roles of the State or eligible Tribe and the Administrator in 
administering and enforcing the part 71 operating permits program.
    (k) EPA administration and enforcement of part 70 permits. When the 
Administrator administers and enforces a part 71 program after a 
determination and notice under Sec. 70.10(b)(1) of this chapter that a 
State or Tribe is not adequately administering and enforcing an 
operating permits program approved under part 70 of this chapter, the 
Administrator will administer and enforce permits issued under the part 
70 program until part 71 permits are issued using the procedures of part 
71. Until such time as part 70 permits are replaced by part 71 permits, 
the Administrator will revise, reopen, revise, terminate, or revoke and 
reissue part 70 permits using the procedures of part 71 and will assess 
and collect fees in accordance with the provisions of Sec. 71.9.
    (l) Transition to approved part 70 program. The Administrator will 
suspend the issuance of part 71 permits promptly upon publication of 
notice of approval of a State or Tribal operating permits program that 
meets the requirements of part 70 of this chapter. The Administrator may 
retain jurisdiction over the part 71 permits for which the 
administrative or judicial review process is not complete and will 
address this issue in the notice of State program approval. After 
approval of a State or Tribal program and the suspension of issuance of 
part 71 permits by the Administrator:
    (1) The Administrator, or the permitting authority acting as the 
Administrator's delegated agent, will continue to administer and enforce 
part 71 permits until they are replaced by permits issued under the 
approved part 70 program. Until such time as part 71 permits are 
replaced by part 70 permits, the Administrator will revise, reopen, 
revise, terminate, or revoke and reissue part 71 permits using the 
procedures of the part 71 program. However, if the Administrator has 
delegated authority to administer part 71 permits to a delegate agency, 
the delegate agency will revise, reopen, terminate, or revoke and 
reissue part 71 permits using the procedures of the approved part 70 
program. If a part 71 permit expires prior to the issuance of a part 70 
permit, all terms and conditions of the part 71 permit, including any 
permit shield that may be granted pursuant to Sec. 71.6(f), shall remain 
in effect until the part 70 permit is issued or denied, provided that a 
timely and complete application for a permit renewal was submitted to 
the permitting authority in accordance with the requirements of the 
approved part 70 program.
    (2) A State or local agency or Indian Tribe with an approved part 70 
operating permits program may issue part 70 permits for all sources with 
part 71 permits in accordance with a permit issuance schedule approved 
as part of the approved part 70 program or may issue part 70 permits to 
such sources at the expiration of the part 71 permits.
    (m) Exemption for certain territories. Upon petition by the Governor 
of Guam, American Samoa, the Virgin Islands, or the Commonwealth of the 
Northern Marianas Islands, the Administrator may exempt any source or 
class of sources in such territory from the requirement to have a part 
71 permit under this chapter. Such an exemption does not exempt such 
source or class of sources from any requirement of section 112 of the 
Act, including the requirements of section 112 (g) or (j).
    (1) Such exemption may be granted if the Administrator finds that 
compliance with part 71 is not feasible or is unreasonable due to unique 
geographical, meteorological, or economic factors of such territory, or 
such other local factors as the Administrator deems significant. Any 
such petition shall be considered in accordance with section 307(d) of 
the Act, and any exemption granted under this paragraph (m) shall be 
considered final action by the Administrator for the purposes of section 
307(b) of the Act.
    (2) The Administrator shall promptly notify the Committees on Energy 
and Commerce and on Interior and Insular Affairs of the House of 
Representatives and the Committees on Environment and Public Works and 
on Energy and Natural Resources of the Senate upon

[[Page 1296]]

receipt of any petition under this paragraph (m) and of the approval or 
rejection of such petition and the basis for such action.
    (n) Retention of records. The records for each draft, proposed, and 
final permit application, renewal, or modification shall be kept by the 
Administrator for a period of 5 years.



Sec. 71.5  Permit applications.

    (a) Duty to apply. For each part 71 source, the owner or operator 
shall submit a timely and complete permit application in accordance with 
this section.
    (1) Timely application. (i) A timely application for a source which 
does not have an existing operating permit issued by a State under the 
State's approved part 70 program and is applying for a part 71 permit 
for the first time is one that is submitted within 12 months after the 
source becomes subject to the permit program or on or before such 
earlier date as the permitting authority may establish. Sources required 
to submit applications earlier than 12 months after the source becomes 
subject to the permit program will be notified of the earlier submittal 
date at least 6 months in advance of the date.
    (ii) Part 71 sources required to meet the requirements under section 
112(g) of the Act, or to have a permit under the preconstruction review 
program approved into the applicable implementation plan under part C or 
D of title I of the Act, shall file a complete application to obtain the 
part 71 permit or permit revision within 12 months after commencing 
operation or on or before such earlier date as the permitting authority 
may establish. Sources required to submit applications earlier than 12 
months after the source becomes subject to the permit program will be 
notified of the earlier submittal date at least 6 months in advance of 
the date. Where an existing part 70 or 71 permit would prohibit such 
construction or change in operation, the source must obtain a permit 
revision before commencing operation.
    (iii) For purposes of permit renewal, a timely application is one 
that is submitted at least 6 months but not more that 18 months prior to 
expiration of the part 70 or 71 permit.
    (iv) Applications for initial phase II acid rain permits shall be 
submitted to the permitting authority by January 1, 1996 for sulfur 
dioxide, and by January 1, 1998 for nitrogen oxides.
    (2) Complete application. To be deemed complete, an application must 
provide all information required pursuant to paragraph (c) of this 
section, except that applications for permit revision need supply such 
information only if it is related to the proposed change. To be found 
complete, an initial or renewal application must remit payment of fees 
owed under the fee schedule established pursuant to Sec. 71.9(b). 
Information required under paragraph (c) of this section must be 
sufficient to evaluate the subject source and its application and to 
determine all applicable requirements. A responsible official must 
certify the submitted information consistent with paragraph (d) of this 
section. Unless the permitting authority determines that an application 
is not complete within 60 days of receipt of the application, such 
application shall be deemed to be complete, except as otherwise provided 
in Sec. 71.7(a)(4). If, while processing an application that has been 
determined or deemed to be complete, the permitting authority determines 
that additional information is necessary to evaluate or take final 
action on that application, it may request such information in writing 
and set a reasonable deadline for a response. The source's ability to 
operate without a permit, as set forth in Sec. 71.7(b), shall be in 
effect from the date the application is determined or deemed to be 
complete until the final permit is issued, provided that the applicant 
submits any requested additional information by the deadline specified 
by the permitting authority.
    (3) Confidential information. An applicant may assert a business 
confidentiality claim for information requested by the permitting 
authority using procedures found at part 2, subpart B of this chapter.
    (b) Duty to supplement or correct application. Any applicant who 
fails to submit any relevant facts or who has submitted incorrect 
information in a permit application shall, upon becoming

[[Page 1297]]

aware of such failure or incorrect submittal, promptly submit such 
supplementary facts or corrected information. In addition, an applicant 
shall provide additional information as necessary to address any 
requirements that become applicable to the source after the date it 
filed a complete application but prior to release of a draft permit.
    (c) Standard application form and required information. The 
permitting authority shall provide sources a standard application form 
or forms. The permitting authority may use discretion in developing 
application forms that best meet program needs and administrative 
efficiency. The forms and attachments chosen, however, shall include the 
elements specified below. An application may not omit information needed 
to determine the applicability of, or to impose, any applicable 
requirement, or to evaluate the fee amount required under the schedule 
established pursuant to Sec. 71.9.
    (1) Identifying information, including company name and address (or 
plant name and address if different from the company name), owner's name 
and agent, and telephone number and names of plant site manager/contact.
    (2) A description of the source's processes and products (by 
Standard Industrial Classification Code) including any associated with 
each alternate scenario identified by the source.
    (3) The following emissions-related information:
    (i) All emissions of pollutants for which the source is major, and 
all emissions of regulated air pollutants. A permit application shall 
describe all emissions of regulated air pollutants emitted from any 
emissions unit, except where such units are exempted under this 
paragraph (c). The permitting authority shall require additional 
information related to the emissions of air pollutants sufficient to 
verify which requirements are applicable to the source, and other 
information necessary to collect any permit fees owed under the fee 
schedule established pursuant to Sec. 71.9(b).
    (ii) Identification and description of all points of emissions 
described in paragraph (c)(3)(i) of this section in sufficient detail to 
establish the basis for fees and applicability of requirements of the 
Act.
    (iii) Emissions rates in tpy and in such terms as are necessary to 
establish compliance consistent with the applicable standard reference 
test method.
    (iv) The following information to the extent it is needed to 
determine or regulate emissions: fuels, fuel use, raw materials, 
production rates, and operating schedules.
    (v) Identification and description of air pollution control 
equipment and compliance monitoring devices or activities.
    (vi) Limitations on source operation affecting emissions or any work 
practice standards, where applicable, for all regulated pollutants at 
the part 71 source.
    (vii) Other information required by any applicable requirement 
(including information related to stack height limitations developed 
pursuant to section 123 of the Act).
    (viii) Calculations on which the information in paragraphs (c)(3) 
(i) through (vii) of this section is based.
    (4) The following air pollution control requirements:
    (i) Citation and description of all applicable requirements; and
    (ii) Description of or reference to any applicable test method for 
determining compliance with each applicable requirement.
    (5) Other specific information that may be necessary to implement 
and enforce other applicable requirements of the Act or of this part or 
to determine the applicability of such requirements.
    (6) An explanation of any proposed exemptions from otherwise 
applicable requirements.
    (7) Additional information as determined to be necessary by the 
permitting authority to define alternative operating scenarios 
identified by the source pursuant to Sec. 71.6(a)(9) or to define permit 
terms and conditions implementing Sec. 71.6(a)(10) or Sec. 71.6(a)(13).
    (8) A compliance plan for all part 71 sources that contains all the 
following:
    (i) A description of the compliance status of the source with 
respect to all applicable requirements.
    (ii) A description as follows:

[[Page 1298]]

    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis.
    (C) For requirements for which the source is not in compliance at 
the time of permit issuance, a narrative description of how the source 
will achieve compliance with such requirements.
    (iii) A compliance schedule as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis. A statement that the source will meet in a timely 
manner applicable requirements that become effective during the permit 
term shall satisfy this provision, unless a more detailed schedule is 
expressly required by the applicable requirement.
    (C) A schedule of compliance for sources that are not in compliance 
with all applicable requirements at the time of permit issuance. Such a 
schedule shall include a schedule of remedial measures, including an 
enforceable sequence of actions with milestones, leading to compliance 
with any applicable requirements for which the source will be in 
noncompliance at the time of permit issuance. This compliance schedule 
shall resemble and be at least as stringent as that contained in any 
judicial consent decree or administrative order to which the source is 
subject. Any such schedule of compliance shall be supplemental to, and 
shall not sanction noncompliance with, the applicable requirements on 
which it is based.
    (iv) A schedule for submission of certified progress reports no less 
frequently than every 6 months for sources required to have a schedule 
of compliance to remedy a violation.
    (v) The compliance plan content requirements specified in this 
paragraph shall apply and be included in the acid rain portion of a 
compliance plan for an affected source, except as specifically 
superseded by regulations promulgated under parts 72 through 78 of this 
chapter with regard to the schedule and method(s) the source will use to 
achieve compliance with the acid rain emissions limitations.
    (9) Requirements for compliance certification, including the 
following:
    (i) A certification of compliance with all applicable requirements 
by a responsible official consistent with paragraph (d) of this section 
and section 114(a)(3) of the Act;
    (ii) A statement of methods used for determining compliance, 
including a description of monitoring, recordkeeping, and reporting 
requirements and test methods;
    (iii) A schedule for submission of compliance certifications during 
the permit term, to be submitted no less frequently than annually, or 
more frequently if specified by the underlying applicable requirement or 
by the permitting authority; and
    (iv) A statement indicating the source's compliance status with any 
applicable enhanced monitoring and compliance certification requirements 
of the Act.
    (10) The use of nationally-standardized forms for acid rain portions 
of permit applications and compliance plans, as required by regulations 
promulgated under parts 72 through 78 of this chapter.
    (11) Insignificant activities and emissions levels. The following 
types of insignificant activities and emissions levels need not be 
included in permit applications. However, for insignificant activities 
which are exempted because of size or production rate, a list of such 
insignificant activities must be included in the application. An 
application may not omit information needed to determine the 
applicability of, or to impose, any applicable requirement, or to 
calculate the fee amount required under the schedule established 
pursuant to Sec. 71.9 of this part.
    (i) Insignificant activities:
    (A) Mobile sources;

[[Page 1299]]

    (B) Air-conditioning units used for human comfort that are not 
subject to applicable requirements under title VI of the Act and do not 
exhaust air pollutants into the ambient air from any manufacturing or 
other industrial process;
    (C) Ventilating units used for human comfort that do not exhaust air 
pollutants into the ambient air from any manufacturing or other 
industrial process;
    (D) Heating units used for human comfort that do not provide heat 
for any manufacturing or other industrial process;
    (E) Noncommercial food preparation;
    (F) Consumer use of office equipment and products;
    (G) Janitorial services and consumer use of janitorial products; and
    (H) Internal combustion engines used for landscaping purposes.
    (ii) Insignificant emissions levels. Emissions meeting the criteria 
in paragraph (c)(11)(ii)(A) or (c)(11)(ii)(B) of this section need not 
be included in the application, but must be listed with sufficient 
detail to identify the emission unit and indicate that the exemption 
applies. Similar emission units, including similar capacities or sizes, 
may be listed under a single description, provided the number of 
emission units is included in the description. No additional information 
is required at time of application, but the permitting authority may 
request additional information during application processing.
    (A) Emission criteria for regulated air pollutants, excluding 
hazardous air pollutants (HAP). Potential to emit of regulated air 
pollutants, excluding HAP, for any single emissions unit shall not 
exceed 2 tpy.
    (B) Emission criteria for HAP. Potential to emit of any HAP from any 
single emissions unit shall not exceed 1,000 lb per year or the de 
minimis level established under section 112(g) of the Act, whichever is 
less.
    (d) Any application form, report, or compliance certification 
submitted pursuant to these regulations shall contain certification by a 
responsible official of truth, accuracy, and completeness. This 
certification and any other certification required under this part shall 
state that, based on information and belief formed after reasonable 
inquiry, the statements and information in the document are true, 
accurate, and complete.



Sec. 71.6  Permit content.

    (a) Standard permit requirements. Each permit issued under this part 
shall include the following elements:
    (1) Emission limitations and standards, including those operational 
requirements and limitations that assure compliance with all applicable 
requirements at the time of permit issuance.
    (i) The permit shall specify and reference the origin of and 
authority for each term or condition, and identify any difference in 
form as compared to the applicable requirement upon which the term or 
condition is based.
    (ii) The permit shall state that, where an applicable requirement of 
the Act is more stringent than an applicable requirement of 40 CFR parts 
72 through 78, both provisions shall be incorporated into the permit and 
shall be enforceable by the Administrator.
    (iii) If an applicable implementation plan allows a determination of 
an alternative emission limit at a part 71 source, equivalent to that 
contained in the plan, to be made in the permit issuance, renewal, or 
significant modification process, and the permitting authority elects to 
use such process, any permit containing such equivalency determination 
shall contain provisions to ensure that any resulting emissions limit 
has been demonstrated to be quantifiable, accountable, enforceable, and 
based on replicable procedures.
    (2) Permit duration. The permitting authority shall issue permits 
for a fixed term of 5 years in the case of affected sources, and for a 
term not to exceed 5 years in the case of all other sources. 
Notwithstanding this requirement, the permitting authority shall issue 
permits for solid waste incineration units combusting municipal waste 
subject to standards under section 129(e) of the Act for a period not to 
exceed 12 years and shall review such permits at least every 5 years.
    (3) Monitoring and related recordkeeping and reporting requirements. 
(i) Each permit shall contain the following requirements with respect to 
monitoring:

[[Page 1300]]

    (A) All emissions monitoring and analysis procedures or test methods 
required under the applicable requirements, including any procedures and 
methods promulgated pursuant to sections 114(a)(3) or 504(b) of the Act;
    (B) Where the applicable requirement does not require periodic 
testing or instrumental or noninstrumental monitoring (which may consist 
of recordkeeping designed to serve as monitoring), periodic monitoring 
sufficient to yield reliable data from the relevant time period that are 
representative of the source's compliance with the permit, as reported 
pursuant to paragraph (a)(3)(iii) of this section. Such monitoring 
requirements shall assure use of terms, test methods, units, averaging 
periods, and other statistical conventions consistent with the 
applicable requirement. Recordkeeping provisions may be sufficient to 
meet the requirements of this paragraph (a)(3)(i)(B); and
    (C) As necessary, requirements concerning the use, maintenance, and, 
where appropriate, installation of monitoring equipment or methods.
    (ii) With respect to recordkeeping, the permit shall incorporate all 
applicable recordkeeping requirements and require, where applicable, the 
following:
    (A) Records of required monitoring information that include the 
following:
    (1) The date, place as defined in the permit, and time of sampling 
or measurements;
    (2) The date(s) analyses were performed;
    (3) The company or entity that performed the analyses;
    (4) The analytical techniques or methods used;
    (5) The results of such analyses; and
    (6) The operating conditions as existing at the time of sampling or 
measurement;
    (B) Retention of records of all required monitoring data and support 
information for a period of at least 5 years from the date of the 
monitoring sample, measurement, report, or application. Support 
information includes all calibration and maintenance records and all 
original strip-chart recordings for continuous monitoring 
instrumentation, and copies of all reports required by the permit.
    (iii) With respect to reporting, the permit shall incorporate all 
applicable reporting requirements and require the following:
    (A) Submittal of reports of any required monitoring at least every 6 
months. All instances of deviations from permit requirements must be 
clearly identified in such reports. All required reports must be 
certified by a responsible official consistent with Sec. 71.5(d).
    (B) Prompt reporting of deviations from permit requirements, 
including those attributable to upset conditions as defined in the 
permit, the probable cause of such deviations, and any corrective 
actions or preventive measures taken. Where the underlying applicable 
requirement contains a definition of prompt or otherwise specifies a 
time frame for reporting deviations, that definition or time frame shall 
govern. Where the underlying applicable requirement fails to address the 
time frame for reporting deviations, reports of deviations shall be 
submitted to the permitting authority based on the following schedule:
    (1) For emissions of a hazardous air pollutant or a toxic air 
pollutant (as identified in an applicable regulation) that continue for 
more than an hour in excess of permit requirements, the report must be 
made with 24 hours of the occurrence.
    (2) For emissions of any regulated air pollutant, excluding those 
listed in paragraph (a)(3)(iii)(B)(1) of this section, that continue for 
more than two hours in excess of permit requirements, the report must be 
made within 48 hours.
    (3) For all other deviations from permit requirements, the report 
shall be contained in the report submitted in accordance with the 
timeframe given in paragraph (a)(3)(iii)(A).
    (4) A permit may contain a more stringent reporting requirement than 
required by paragraphs (a)(3)(iii)(B)(1), (2), or (3).
    If any of the above conditions are met, the source must notify the 
permitting authority by telephone or facsimile based on the timetable 
listed in paragraphs (a)(3)(iii)(B) (1) through (4)

[[Page 1301]]

of this section. A written notice, certified consistent with 
Sec. 71.5(d), must be submitted within 10 working days of the 
occurrence. All deviations reported under paragraph (a)(3)(iii)(A) of 
this section must also be identified in the 6 month report required 
under paragraph (a)(3)(iii)(A) of this section.
    (C) For purposes of paragraph (a)(3)(iii)(B) of this section, 
deviation means any condition determined by observation, by data from 
any monitoring protocol, or by any other monitoring which is required by 
the permit that can be used to determine compliance, that identifies 
that an emission unit subject to a part 71 permit term or condition has 
failed to meet an applicable emission limitation or standard or that a 
work practice was not complied with or completed. For a condition 
lasting more than 24 hours which constitutes a deviation, each 24 hour 
period is considered a separate deviation. Included in the meaning of 
deviation are any of the following:
    (1) A condition where emissions exceed an emission limitation or 
standard;
    (2) A condition where process or control device parameter values 
demonstrate that an emission limitation or standard has not been met;
    (3) Any other condition in which observations or data collected 
demonstrates noncompliance with an emission limitation or standard or 
any work practice or operating condition required by the permit.
    (4) A permit condition prohibiting emissions exceeding any 
allowances that the source lawfully holds under 40 CFR parts 72 through 
78.
    (i) No permit revision shall be required for increases in emissions 
that are authorized by allowances acquired pursuant to the acid rain 
program, provided that such increases do not require a permit revision 
under any other applicable requirement.
    (ii) No limit shall be placed on the number of allowances held by 
the source. The source may not, however, use allowances as a defense to 
noncompliance with any other applicable requirement.
    (iii) Any such allowance shall be accounted for according to the 
procedures established in regulations 40 CFR parts 72 through 78.
    (5) A severability clause to ensure the continued validity of the 
various permit requirements in the event of a challenge to any portions 
of the permit.
    (6) Provisions stating the following:
    (i) The permittee must comply with all conditions of the part 71 
permit. Any permit noncompliance constitutes a violation of the Act and 
is grounds for enforcement action; for permit termination, revocation 
and reissuance, or modification; or for denial of a permit renewal 
application.
    (ii) Need to halt or reduce activity not a defense. It shall not be 
a defense for a permittee in an enforcement action that it would have 
been necessary to halt or reduce the permitted activity in order to 
maintain compliance with the conditions of this permit.
    (iii) The permit may be modified, revoked, reopened, and reissued, 
or terminated for cause. The filing of a request by the permittee for a 
permit modification, revocation and reissuance, or termination, or of a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition.
    (iv) The permit does not convey any property rights of any sort, or 
any exclusive privilege.
    (v) The permittee shall furnish to the permitting authority, within 
a reasonable time, any information that the permitting authority may 
request in writing to determine whether cause exists for modifying, 
revoking and reissuing, or terminating the permit or to determine 
compliance with the permit. Upon request, the permittee shall also 
furnish to the permitting authority copies of records required to be 
kept by the permit or, in the case of a program delegated pursuant to 
Sec. 71.10, for information claimed to be confidential, the permittee 
may furnish such records directly to the Administrator along with a 
claim of confidentiality.
    (7) A provision to ensure that a part 71 source pays fees to the 
Administrator consistent with the fee schedule approved pursuant to 
Sec. 71.9.
    (8) Emissions trading. A provision stating that no permit revision 
shall be required, under any approved economic

[[Page 1302]]

incentives, marketable permits, emissions trading and other similar 
programs or processes for changes that are provided for in the permit.
    (9) Terms and conditions for reasonably anticipated operating 
scenarios identified by the source in its application as approved by the 
permitting authority. Such terms and conditions:
    (i) Shall require the source, contemporaneously with making a change 
from one operating scenario to another, to record in a log at the 
permitted facility a record of the scenario under which it is operating;
    (ii) May extend the permit shield described in paragraph (f) of this 
section to all terms and conditions under each such operating scenario; 
and
    (iii) Must ensure that the terms and conditions of each such 
alternative scenario meet all applicable requirements and the 
requirements of this part.
    (10) Terms and conditions, if the permit applicant requests them, 
for the trading of emissions increases and decreases in the permitted 
facility, to the extent that the applicable requirements provide for 
trading such increases and decreases without a case-by-case approval of 
each emissions trade. Such terms and conditions:
    (i) Shall include all terms required under paragraphs (a) and (c) of 
this section to determine compliance;
    (ii) May extend the permit shield described in paragraph (f) of this 
section to all terms and conditions that allow such increases and 
decreases in emissions; and
    (iii) Must meet all applicable requirements and requirements of this 
part.
    (11) Permit expiration. A provision to ensure that a part 71 permit 
expires upon the earlier occurrence of the following events:
    (i) twelve years elapses from the date of issuance to a solid waste 
incineration unit combusting municipal waste subject to standards under 
section 112(e) of the Act; or
    (ii) five years elapses from the date of issuance; or
    (iii) the source is issued a part 70 permit.
    (12) Off Permit Changes. A provision allowing changes that are not 
addressed or prohibited by the permit, other than those subject to the 
requirements of 40 CFR parts 72 through 78 or those that are 
modifications under any provision of title I of the Act to be made 
without a permit revision, provided that the following requirements are 
met:
    (i) Each such change shall meet all applicable requirements and 
shall not violate any existing permit term or condition;
    (ii) Sources must provide contemporaneous written notice to the 
permitting authority (and EPA, in the case of a program delegated 
pursuant to Sec. 71.10) of each such change, except for changes that 
qualify as insignificant under Sec. 71.5(c)(11). Such written notice 
shall describe each such change, including the date, any change in 
emissions, pollutants emitted, and any applicable requirement that would 
apply as a result of the change;
    (iii) The change shall not qualify for the shield under 
Sec. 71.6(f);
    (iv) The permittee shall keep a record describing changes made at 
the source that result in emissions of a regulated air pollutant subject 
to an applicable requirement, but not otherwise regulated under the 
permit, and the emissions resulting from those changes.
    (13) Operational flexibility. Provisions consistent with paragraphs 
(a)(3)(i) through (iii) of this section to allow changes within a 
permitted facility without requiring a permit revision, if the changes 
are not modifications under any provision of title I of the Act and the 
changes do not exceed the emissions allowable under the permit (whether 
expressed therein as a rate of emissions or in terms of total 
emissions): Provided, that the facility provides the Administrator (in 
the case of a program delegated pursuant to Sec. 71.10) and the 
permitting authority with written notification as required below in 
advance of the proposed changes, which shall be a minimum of 7 days.
    (i) The permit shall allow the permitted source to make section 
502(b)(10) changes without requiring a permit revision, if the changes 
are not modifications under any provision of title I of the Act and the 
changes do not exceed the emissions allowable under the permit (whether 
expressed

[[Page 1303]]

therein as a rate of emissions or in terms of total emissions).
    (A) For each such change, the written notification required above 
shall include a brief description of the change within the permitted 
facility, the date on which the change will occur, any change in 
emissions, and any permit term or condition that is no longer applicable 
as a result of the change.
    (B) The permit shield described in Sec. 71.6(f) shall not apply to 
any change made pursuant to this paragraph (a)(13)(i).
    (ii) The permit may provide for the permitted source to trade 
increases and decreases in emissions in the permitted facility, where 
the applicable implementation plan provides for such emissions trades 
without requiring a permit revision and based on the 7-day notice 
prescribed in this paragraph (a)(13)(ii) of this section. This provision 
is available in those cases where the permit does not already provide 
for such emissions trading.
    (A) Under this paragraph (a)(13)(ii), the written notification 
required above shall include such information as may be required by the 
provision in the applicable implementation plan authorizing the 
emissions trade, including at a minimum, when the proposed change will 
occur, a description of each such change, any change in emissions, the 
permit requirements with which the source will comply using the 
emissions trading provisions of the applicable implementation plan, and 
the pollutants emitted subject to the emissions trade. The notice shall 
also refer to the provisions with which the source will comply in the 
applicable implementation plan and that provide for the emissions trade.
    (B) The permit shield described in Sec. 71.6(f) shall not extend to 
any change made under this paragraph (a)(13)(ii). Compliance with the 
permit requirements that the source will meet using the emissions trade 
shall be determined according to requirements of the applicable 
implementation plan authorizing the emissions trade.
    (iii) The permit shall require the permitting authority, if a permit 
applicant requests it, to issue permits that contain terms and 
conditions, including all terms required under Sec. 71.6 (a) and (c) to 
determine compliance, allowing for the trading of emissions increases 
and decreases in the permitted facility solely for the purpose of 
complying with a federally-enforceable emissions cap that is established 
in the permit independent of otherwise applicable requirements. The 
permit applicant shall include in its application proposed replicable 
procedures and permit terms that ensure the emissions trades are 
quantifiable and enforceable. The permitting authority shall not be 
required to include in the emissions trading provisions any emissions 
units for which emissions are not quantifiable or for which there are no 
replicable procedures to enforce the emissions trades. The permit shall 
also require compliance with all applicable requirements.
    (A) Under this paragraph (a)(13)(iii), the written notification 
required above shall state when the change will occur and shall describe 
the changes in emissions that will result and how these increases and 
decreases in emissions will comply with the terms and conditions of the 
permit.
    (B) The permit shield described in Sec. 71.6(f) may extend to terms 
and conditions that allow such increases and decreases in emissions.
    (b) Federally-enforceable requirements. All terms and conditions in 
a part 71 permit, including any provisions designed to limit a source's 
potential to emit, are enforceable by the Administrator and citizens 
under the Act.
    (c) Compliance requirements. All part 71 permits shall contain the 
following elements with respect to compliance:
    (1) Consistent with paragraph (a)(3) of this section, compliance 
certification, testing, monitoring, reporting, and recordkeeping 
requirements sufficient to assure compliance with the terms and 
conditions of the permit. Any document (including reports) required by a 
part 71 permit shall contain a certification by a responsible official 
that meets the requirements of Sec. 71.5(d).
    (2) Inspection and entry requirements that require that, upon 
presentation of credentials and other documents as may be required by 
law, the permittee shall allow the permitting authority or

[[Page 1304]]

an authorized representative to perform the following:
    (i) Enter upon the permittee's premises where a part 71 source is 
located or emissions-related activity is conducted, or where records 
must be kept under the conditions of the permit;
    (ii) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of the permit;
    (iii) Inspect at reasonable times any facilities, equipment 
(including monitoring and air pollution control equipment), practices, 
or operations regulated or required under the permit; and
    (iv) As authorized by the Act, sample or monitor at reasonable times 
substances or parameters for the purpose of assuring compliance with the 
permit or applicable requirements.
    (3) A schedule of compliance consistent with Sec. 71.5(c)(8).
    (4) Progress reports consistent with an applicable schedule of 
compliance and Sec. 71.5(c)(8) to be submitted at least semiannually, or 
at a more frequent period if specified in the applicable requirement or 
by the permitting authority. Such progress reports shall contain the 
following:
    (i) Dates for achieving the activities, milestones, or compliance 
required in the schedule of compliance, and dates when such activities, 
milestones or compliance were achieved; and
    (ii) An explanation of why any dates in the schedule of compliance 
were not or will not be met, and any preventive or corrective measures 
adopted.
    (5) Requirements for compliance certification with terms and 
conditions contained in the permit, including emission limitations, 
standards, or work practices. Permits shall include each of the 
following:
    (i) The frequency (not less than annually or such more frequent 
periods as specified in the applicable requirement or by the permitting 
authority) of submissions of compliance certifications;
    (ii) In accordance with Sec. 71.6(a)(3), a means for monitoring the 
compliance of the source with its emissions limitations, standards, and 
work practices;
    (iii) A requirement that the compliance certification include the 
following:
    (A) The identification of each term or condition of the permit that 
is the basis of the certification;
    (B) The compliance status;
    (C) Whether compliance was continuous or intermittent;
    (D) The method(s) used for determining the compliance status of the 
source, currently and over the reporting period consistent with 
paragraph (a)(3) of this section; and
    (E) Such other facts as the permitting authority may require to 
determine the compliance status of the source;
    (iv) A requirement that all compliance certifications be submitted 
to the Administrator as well as to the permitting authority; and
    (v) Such additional requirements as may be specified pursuant to 
sections 114(a)(3) and 504(b) of the Act.
    (6) Such other provisions as the permitting authority may require.
    (d) General permits. (1) The permitting authority may, after notice 
and opportunity for public participation provided under Sec. 71.11, 
issue a general permit covering numerous similar sources. Any general 
permit shall comply with all requirements applicable to other part 71 
permits and shall identify criteria by which sources may qualify for the 
general permit. To sources that qualify, the permitting authority shall 
grant the conditions and terms of the general permit. Notwithstanding 
the shield provisions of paragraph (f) of this section, the source shall 
be subject to enforcement action for operation without a part 71 permit 
if the source is later determined not to qualify for the conditions and 
terms of the general permit. General permits shall not be authorized for 
affected sources under the acid rain program unless otherwise provided 
in 40 CFR parts 72 through 78.
    (2) Part 71 sources that would qualify for a general permit must 
apply to the permitting authority for coverage under the terms of the 
general permit or must apply for a part 71 permit consistent with 
Sec. 71.5. The permitting authority may, in the general permit, provide 
for applications which deviate from the requirements of Sec. 71.5, 
provided that such applications meet the requirements of title V of the 
Act, and include all information necessary to

[[Page 1305]]

determine qualification for, and to assure compliance with, the general 
permit. Without repeating the public participation procedures required 
under Sec. 71.11, the permitting authority may grant a source's request 
for authorization to operate under a general permit, but such a grant 
shall not be a final permit action for purposes of judicial review.
    (e) Temporary sources. The permitting authority may issue a single 
permit authorizing emissions from similar operations by the same source 
owner or operator at multiple temporary locations. The operation must be 
temporary and involve at least one change of location during the term of 
the permit. No affected source shall be permitted as a temporary source. 
Permits for temporary sources shall include the following:
    (1) Conditions that will assure compliance with all applicable 
requirements at all authorized locations;
    (2) Requirements that the owner or operator notify the permitting 
authority at least 10 days in advance of each change in location; and
    (3) Conditions that assure compliance with all other provisions of 
this section.
    (f) Permit shield. (1) Except as provided in this part, the 
permitting authority may expressly include in a part 71 permit a 
provision stating that compliance with the conditions of the permit 
shall be deemed compliance with any applicable requirements as of the 
date of permit issuance, provided that:
    (i) Such applicable requirements are included and are specifically 
identified in the permit; or
    (ii) The permitting authority, in acting on the permit application 
or revision, determines in writing that other requirements specifically 
identified are not applicable to the source, and the permit includes the 
determination or a concise summary thereof.
    (2) A part 71 permit that does not expressly state that a permit 
shield exists shall be presumed not to provide such a shield.
    (3) Nothing in this paragraph or in any part 71 permit shall alter 
or affect the following:
    (i) The provisions of section 303 of the Act (emergency orders), 
including the authority of the Administrator under that section;
    (ii) The liability of an owner or operator of a source for any 
violation of applicable requirements prior to or at the time of permit 
issuance;
    (iii) The applicable requirements of the acid rain program, 
consistent with section 408(a) of the Act; or
    (iv) The ability of EPA to obtain information from a source pursuant 
to section 114 of the Act.
    (g) Emergency provision. (1) Definition. An ``emergency'' means any 
situation arising from sudden and reasonably unforeseeable events beyond 
the control of the source, including acts of God, which situation 
requires immediate corrective action to restore normal operation, and 
that causes the source to exceed a technology-based emission limitation 
under the permit, due to unavoidable increases in emissions attributable 
to the emergency. An emergency shall not include noncompliance to the 
extent caused by improperly designed equipment, lack of preventative 
maintenance, careless or improper operation, or operator error.
    (2) Effect of an emergency. An emergency constitutes an affirmative 
defense to an action brought for noncompliance with such technology-
based emission limitations if the conditions of paragraph (g)(3) of this 
section are met.
    (3) The affirmative defense of emergency shall be demonstrated 
through properly signed, contemporaneous operating logs, or other 
relevant evidence that:
    (i) An emergency occurred and that the permittee can identify the 
cause(s) of the emergency;
    (ii) The permitted facility was at the time being properly operated;
    (iii) During the period of the emergency the permittee took all 
reasonable steps to minimize levels of emissions that exceeded the 
emission standards, or other requirements in the permit; and
    (iv) The permittee submitted notice of the emergency to the 
permitting authority within 2 working days of the time when emission 
limitations were exceeded due to the emergency. This notice fulfills the 
requirement of paragraph (a)(3)(iii)(B) of this section. This

[[Page 1306]]

notice must contain a description of the emergency, any steps taken to 
mitigate emissions, and corrective actions taken.
    (4) In any enforcement proceeding, the permittee seeking to 
establish the occurrence of an emergency has the burden of proof.
    (5) This provision is in addition to any emergency or upset 
provision contained in any applicable requirement.



Sec. 71.7  Permit issuance, renewal, reopenings, and revisions.

    (a) Action on application. (1) A permit, permit modification, or 
renewal may be issued only if all of the following conditions have been 
met:
    (i) The permitting authority has received a complete application for 
a permit, permit modification, or permit renewal, except that a complete 
application need not be received before issuance of a general permit 
under Sec. 71.6(d);
    (ii) Except for modifications qualifying for minor permit 
modification procedures under paragraphs (e) (1) and (2) of this 
section, the permitting authority has complied with the requirements for 
public participation under this section or Sec. 71.11, as applicable;
    (iii) The permitting authority has complied with the requirements 
for notifying and responding to affected States under Sec. 71.8(a);
    (iv) The conditions of the permit provide for compliance with all 
applicable requirements and the requirements of this part; and
    (v) In the case of a program delegated pursuant to Sec. 71.10, the 
Administrator has received a copy of the proposed permit and any notices 
required under Sec. 71.10(d) and has not objected to issuance of the 
permit under Sec. 71.10(g) within the time period specified therein.
    (2) Except as provided under the initial transition plan provided 
for under Sec. 71.4(i) or under 40 CFR part 72 or title V of the Act for 
the permitting of affected sources under the acid rain program, the 
permitting authority shall take final action on each permit application 
(including a request for permit modification or renewal) within 18 
months after receiving a complete application.
    (3) The permitting authority shall ensure that priority is given to 
taking action on applications for construction or modification under 
title I, parts C and D of the Act.
    (4) The permitting authority shall promptly provide notice to the 
applicant of whether the application is complete. Unless the permitting 
authority requests additional information or otherwise notifies the 
applicant of incompleteness within 60 days of receipt of an application, 
the application shall be deemed complete. For modifications processed 
through minor permit modification procedures, such as those in 
paragraphs (e) (1) and (2) of this section, the permitting authority 
need not make a completeness determination.
    (5) The permitting authority shall provide a statement that sets 
forth the legal and factual basis for the draft permit conditions 
(including references to the applicable statutory or regulatory 
provisions). The permitting authority shall send this statement to any 
person who requests it, and to EPA, in the case of a program delegated 
pursuant to Sec. 71.10.
    (6) The submittal of a complete application shall not affect the 
requirement that any source have a preconstruction permit under title I 
of the Act.
    (b) Requirement for a permit. Except as provided in the following 
sentence, Sec. 71.6(a)(13), and paragraphs (e)(1)(v) and e(2)(v) of this 
section, no part 71 source may operate after the time that it is 
required to submit a timely and complete application under this part, 
except in compliance with a permit issued under this part. If a part 71 
source submits a timely and complete application for permit issuance 
(including for renewal), the source's failure to have a part 71 permit 
is not a violation of this part until the permitting authority takes 
final action on the permit application, except as noted in this section. 
This protection shall cease to apply if, subsequent to the completeness 
determination made pursuant to paragraph (a)(4) of this section, and as 
required by Sec. 71.5(c), the applicant fails to submit by the deadline 
specified in writing by the permitting authority any additional 
information identified as being needed to process the application.
    (c) Permit renewal and expiration. (1) (i) Permits being renewed are 
subject to the same procedural requirements,

[[Page 1307]]

including those for public participation, affected State review, and EPA 
review (in the case of a program delegated pursuant to Sec. 71.10) that 
apply to initial permit issuance.
    (ii) Permit expiration terminates the source's right to operate 
unless a timely and complete renewal application has been submitted 
consistent with paragraph (b) of this section and Sec. 71.5(a)(1)(iii).
    (2) In the case of a program delegated pursuant to Sec. 71.10, if 
the permitting authority fails to act in a timely way on permit renewal, 
EPA may invoke its authority under section 505(e) of the Act to 
terminate or revoke and reissue the permit.
    (3) If a timely and complete application for a permit renewal is 
submitted, consistent with Sec. 71.5(a)(2), but the permitting authority 
has failed to issue or deny the renewal permit before the end of the 
term of the previous part 70 or 71 permit, then the permit shall not 
expire until the renewal permit has been issued or denied and any permit 
shield that may be granted pursuant to Sec. 71.6(f) may extend beyond 
the original permit term until renewal; or all the terms and conditions 
of the permit including any permit shield that may be granted pursuant 
to Sec. 71.6(f) shall remain in effect until the renewal permit has been 
issued or denied.
    (d) Administrative permit amendments. (1) An ``administrative permit 
amendment'' is a permit revision that:
    (i) Corrects typographical errors;
    (ii) Identifies a change in the name, address, or phone number of 
any person identified in the permit, or provides a similar minor 
administrative change at the source;
    (iii) Requires more frequent monitoring or reporting by the 
permittee;
    (iv) Allows for a change in ownership or operational control of a 
source where the permitting authority determines that no other change in 
the permit is necessary, provided that a written agreement containing a 
specific date for transfer of permit responsibility, coverage, and 
liability between the current and new permittee has been submitted to 
the permitting authority;
    (v) Incorporates into the part 71 permit the requirements from 
preconstruction review permits authorized under an EPA-approved program, 
provided that such a program meets procedural requirements substantially 
equivalent to the requirements of Secs. 71.7 and 71.8 (and Sec. 71.10 in 
the case of a delegated program) that would be applicable to the change 
if it were subject to review as a permit modification, and compliance 
requirements substantially equivalent to those contained in Sec. 71.6; 
or
    (vi) Incorporates any other type of change which the Administrator 
has determined to be similar to those in paragraphs (d)(1)(i) through 
(iv) of this section.
    (2) Administrative permit amendments for purposes of the acid rain 
portion of the permit shall be governed by 40 CFR part 72.
    (3) Administrative permit amendment procedures. An administrative 
permit amendment may be made by the permitting authority consistent with 
the following:
    (i) The permitting authority shall take no more than 60 days from 
receipt of a request for an administrative permit amendment to take 
final action on such request, and may incorporate such changes without 
providing notice to the public or affected States provided that it 
designates any such permit revisions as having been made pursuant to 
this paragraph.
    (ii) The permitting authority shall submit a copy of the revised 
permit to the Administrator in the case of a program delegated pursuant 
to Sec. 71.10.
    (iii) The source may implement the changes addressed in the request 
for an administrative amendment immediately upon submittal of the 
request.
    (4) The permitting authority may, upon taking final action granting 
a request for an administrative permit amendment, allow coverage by the 
permit shield in Sec. 71.6(f) for administrative permit amendments made 
pursuant to paragraph (d)(1)(v) of this section which meet the relevant 
requirements of Secs. 71.6, 71.7, and 71.8 for significant permit 
modifications.
    (e) Permit modifications. A permit modification is any revision to a 
part 71 permit that cannot be accomplished under the provisions for 
administrative permit amendments under paragraph

[[Page 1308]]

(d) of this section. A permit modification for purposes of the acid rain 
portion of the permit shall be governed by 40 CFR part 72.
    (1) Minor permit modification procedures.
    (i) Criteria.
    (A) Minor permit modification procedures may be used only for those 
permit modifications that:
    (1) Do not violate any applicable requirement;
    (2) Do not involve significant changes to existing monitoring, 
reporting, or recordkeeping requirements in the permit;
    (3) Do not require or change a case-by-case determination of an 
emission limitation or other standard, or a source-specific 
determination for temporary sources of ambient impacts, or a visibility 
or increment analysis;
    (4) Do not seek to establish or change a permit term or condition 
for which there is no corresponding underlying applicable requirement 
and that the source has assumed to avoid an applicable requirement to 
which the source would otherwise be subject. Such terms and conditions 
include:
    (i) A federally enforceable emissions cap assumed to avoid 
classification as a modification under any provision of title I; and
    (ii) An alternative emissions limit approved pursuant to regulations 
promulgated under section 112(i)(5) of the Act;
    (5) Are not modifications under any provision of title I of the Act; 
and
    (6) Are not required to be processed as a significant modification.
    (B) Notwithstanding paragraphs (e)(1)(i)(A) and (e)(2)(i) of this 
section, minor permit modification procedures may be used for permit 
modifications involving the use of economic incentives, marketable 
permits, emissions trading, and other similar approaches, to the extent 
that such minor permit modification procedures are explicitly provided 
for in an applicable implementation plan or in applicable requirements 
promulgated by EPA.
    (ii) Application. An application requesting the use of minor permit 
modification procedures shall meet the requirements of Sec. 71.5(c) and 
shall include the following:
    (A) A description of the change, the emissions resulting from the 
change, and any new applicable requirements that will apply if the 
change occurs;
    (B) The source's suggested draft permit;
    (C) Certification by a responsible official, consistent with 
Sec. 71.5(d), that the proposed modification meets the criteria for use 
of minor permit modification procedures and a request that such 
procedures be used; and
    (D) Completed forms for the permitting authority to use to notify 
affected States (and the Administrator in the case of a program 
delegated pursuant to Sec. 71.10) as required under Secs. 71.8 and 
71.10(d).
    (iii) EPA and affected State notification. Within 5 working days of 
receipt of a complete permit modification application, the permitting 
authority shall meet its obligation under Sec. 71.8(a) to notify 
affected States (and its obligation under Sec. 71.10(d) to notify the 
Administrator in the case of a program delegated pursuant to Sec. 71.10) 
of the requested permit modification. In the case of a program delegated 
pursuant to Sec. 71.10, the permitting authority promptly shall send any 
notice required under Sec. 71.8(b) to the Administrator.
    (iv) Timetable for issuance. In the case of a program delegated 
pursuant to Sec. 71.10, the permitting authority may not issue a final 
permit modification until after EPA's 45-day review period or until EPA 
has notified the permitting authority that EPA will not object to 
issuance of the permit modification, whichever is first, although the 
permitting authority can approve the permit modification prior to that 
time. Within 90 days of the permitting authority's receipt of an 
application under minor permit modification procedures (or 15 days after 
the end of the Administrator's 45-day review period under Sec. 71.10(g) 
in the case of a program delegated pursuant to Sec. 71.10, whichever is 
later), the permitting authority shall:
    (A) Issue the permit modification as proposed;
    (B) Deny the permit modification application;
    (C) Determine that the requested modification does not meet the 
minor

[[Page 1309]]

permit modification criteria and should be reviewed under the 
significant modification procedures; or
    (D) Revise the draft permit modification (and, in the case of a 
program delegated pursuant to Sec. 71.10, transmit to the Administrator 
the new proposed permit modification as required by Sec. 71.10(d)).
    (v) Source's ability to make change. The source may make the change 
proposed in its minor permit modification application immediately after 
it files such application. After the source makes the change allowed by 
the preceding sentence, and until the permitting authority takes any of 
the actions specified in paragraphs (e)(1)(iv) (A) through (C) of this 
section, the source must comply with both the applicable requirements 
governing the change and the proposed permit terms and conditions. 
During this time period, the source need not comply with the existing 
permit terms and conditions it seeks to modify. However, if the source 
fails to comply with its proposed permit terms and conditions during 
this time period, the existing permit terms and conditions it seeks to 
modify may be enforced against it.
    (vi) Permit shield. The permit shield under Sec. 71.6(f) may not 
extend to minor permit modifications.
    (2) Group processing of minor permit modifications. Consistent with 
this paragraph, the permitting authority may modify the procedure 
outlined in paragraph (e)(1) of this section to process groups of a 
source's applications for certain modifications eligible for minor 
permit modification processing.
    (i) Criteria. Group processing of modifications may be used only for 
those permit modifications:
    (A) That meet the criteria for minor permit modification procedures 
under paragraph (e)(1)(i)(A) of this section; and
    (B) That collectively are below the threshold level of 10 percent of 
the emissions allowed by the permit for the emissions unit for which the 
change is requested, 20 percent of the applicable definition of major 
source in Sec. 71.2, or 5 tpy, whichever is least.
    (ii) Application. An application requesting the use of group 
processing procedures shall meet the requirements of Sec. 71.5(c) and 
shall include the following:
    (A) A description of the change, the emissions resulting from the 
change, and any new applicable requirements that will apply if the 
change occurs.
    (B) The source's suggested draft permit.
    (C) Certification by a responsible official, consistent with 
Sec. 71.5(d), that the proposed modification meets the criteria for use 
of group processing procedures and a request that such procedures be 
used.
    (D) A list of the source's other pending applications awaiting group 
processing, and a determination of whether the requested modification, 
aggregated with these other applications, equals or exceeds the 
threshold set under paragraph (e)(2)(i)(B) of this section.
    (E) Certification, consistent with Sec. 71.5(d), that, in the case 
of a program delegated pursuant to Sec. 71.10, the source has notified 
EPA of the proposed modification. Such notification need only contain a 
brief description of the requested modification.
    (F) Completed forms for the permitting authority to use to notify 
affected States as required under Sec. 71.8 (and the Administrator as 
required under Sec. 71.10(d) in the case of a program delegated pursuant 
to Sec. 71.10).
    (iii) EPA and affected State notification. On a quarterly basis or 
within 5 business days of receipt of an application demonstrating that 
the aggregate of a source's pending applications equals or exceeds the 
threshold level set under paragraph (e)(2)(i)(B) of this section, 
whichever is earlier, the permitting authority promptly shall meet its 
obligation under Sec. 71.8(a) to notify affected States (and its 
obligation under Sec. 71.10(d) to notify EPA in the case of a program 
delegated pursuant to Sec. 71.10) of the requested permit modification. 
The permitting authority shall send any notice required under 
Sec. 71.8(b) to the Administrator in the case of a program delegated 
pursuant to Sec. 71.10.
    (iv) Timetable for issuance. The provisions of paragraph (e)(1)(iv) 
of this section shall apply to modifications eligible for group 
processing, except that the permitting authority shall take

[[Page 1310]]

one of the actions specified in paragraphs (e)(1)(iv) (A) through (D) of 
this section within 180 days of receipt of the application (or, in the 
case of a program delegated pursuant to Sec. 71.10, 15 days after the 
end of the Administrator's 45-day review period under Sec. 71.10(g), 
whichever is later).
    (v) Source's ability to make change. The provisions of paragraph 
(e)(1)(v) of this section shall apply to modifications eligible for 
group processing.
    (vi) Permit shield. The provisions of paragraph (e)(1)(vi) of this 
section shall also apply to modifications eligible for group processing.
    (3) Significant modification procedures--(i) Criteria. Significant 
modification procedures shall be used for applications requesting permit 
modifications that do not qualify as minor permit modifications or as 
administrative amendments. Every significant change in existing 
monitoring permit terms or conditions and every relaxation of reporting 
or recordkeeping permit terms or conditions shall be considered 
significant. Nothing herein shall be construed to preclude the permittee 
from making changes consistent with this part that would render existing 
permit compliance terms and conditions irrelevant.
    (ii) Significant permit modifications shall meet all requirements of 
this part, including those for applications, public participation, 
review by affected States, and review by EPA (in the case of a program 
delegated pursuant to Sec. 71.10), as they apply to permit issuance and 
permit renewal. The permitting authority shall design and implement this 
review process to complete review on the majority of significant permit 
modifications within 9 months after receipt of a complete application.
    (f) Reopening for cause. (1) Each issued permit shall include 
provisions specifying the conditions under which the permit will be 
reopened prior to the expiration of the permit. A permit shall be 
reopened and revised under any of the following circumstances:
    (i) Additional applicable requirements under the Act become 
applicable to a major part 71 source with a remaining permit term of 3 
or more years. Such a reopening shall be completed not later than 18 
months after promulgation of the applicable requirement. No such 
reopening is required if the effective date of the requirement is later 
than the date on which the permit is due to expire, unless the original 
permit or any of its terms and conditions have been extended pursuant to 
paragraph (c)(3) of this section.
    (ii) Additional requirements (including excess emissions 
requirements) become applicable to an affected source under the acid 
rain program. Upon approval by the Administrator, excess emissions 
offset plans shall be deemed to be incorporated into the permit.
    (iii) The permitting authority (or EPA, in the case of a program 
delegated pursuant to Sec. 71.10) determines that the permit contains a 
material mistake or that inaccurate statements were made in establishing 
the emissions standards or other terms or conditions of the permit.
    (iv) The permitting authority (or EPA, in the case of a program 
delegated pursuant to Sec. 71.10) determines that the permit must be 
revised or revoked to assure compliance with the applicable 
requirements.
    (2) Proceedings to reopen and issue a permit shall follow the same 
procedures as apply to initial permit issuance and shall affect only 
those parts of the permit for which cause to reopen exists, and shall be 
made as expeditiously as practicable.
    (3) Reopenings under paragraph (f)(1) of this section shall not be 
initiated before a notice of such intent is provided to the part 71 
source by the permitting authority at least 30 days in advance of the 
date that the permit is to be reopened, except that the permitting 
authority may provide a shorter time period in the case of an emergency.
    (g) Reopenings for cause by EPA for delegated programs. (1) In the 
case of a program delegated pursuant to Sec. 71.10, if the Administrator 
finds that cause exists to terminate, modify, or revoke and reissue a 
permit pursuant to paragraph (f) of this section, the Administrator will 
notify the permitting authority and the permittee of such finding in 
writing.
    (2) The permitting authority shall, within 90 days after receipt of 
such notification, forward to EPA a proposed

[[Page 1311]]

determination of termination, modification, or revocation and 
reissuance, as appropriate. The Administrator may extend this 90-day 
period for an additional 90 days if he or she finds that a new or 
revised permit application is necessary or that the permitting authority 
must require the permittee to submit additional information.
    (3) The Administrator will review the proposed determination from 
the permitting authority within 90 days of receipt.
    (4) The permitting authority shall have 90 days from receipt of an 
EPA objection to resolve any objection that EPA makes and to terminate, 
modify, or revoke and reissue the permit in accordance with the 
Administrator's objection.
    (5) If the permitting authority fails to submit a proposed 
determination pursuant to paragraph (g)(2) of this section or fails to 
resolve any objection pursuant to paragraph (g)(4) of this section, the 
Administrator will terminate, modify, or revoke and reissue the permit 
after taking the following actions:
    (i) Providing at least 30 days' notice to the permittee in writing 
of the reasons for any such action. This notice may be given during the 
procedures in paragraphs (g) (1) through (4) of this section.
    (ii) Providing the permittee an opportunity for comment on the 
Administrator's proposed action and an opportunity for a hearing.



Sec. 71.8  Affected State review.

    (a) Notice of draft permits. When a part 71 operating permits 
program becomes effective in a State or Tribal area, the permitting 
authority shall provide notice of each draft permit to any affected 
State, as defined in Sec. 71.2, on or before the time that the 
permitting authority provides this notice to the public pursuant to 
Sec. 71.7 or Sec. 71.11(d) except to the extent Sec. 71.7(e)(1) or (2) 
requires the timing of the notice to be different.
    (b) Notice of refusal to accept recommendations. Prior to issuance 
of the final permit, the permitting authority shall notify any affected 
State in writing of any refusal by the permitting authority to accept 
all recommendations for the proposed permit that the affected State 
submitted during the public or affected State review period. The notice 
shall include the permitting authority's reasons for not accepting any 
such recommendation. The permitting authority is not required to accept 
recommendations that are not based on applicable requirements or the 
requirements of this part. In the case of a program delegated pursuant 
to Sec. 71.10, the permitting authority shall include such notice as 
part of the submittal of the proposed permit to the Administrator (or as 
soon as possible after the submittal for minor permit modification 
procedures allowed under Sec. 71.7(e)(1) or (2)).
    (c) Waiver of notice requirements. The Administrator may waive the 
requirements of paragraph (a) of this section for any category of 
sources (including any class, type, or size within such category) other 
than major sources by regulation for a category of sources nationwide.
    (d) Notice provided to Indian Tribes. The permitting authority shall 
provide notice of each draft permit to any federally recognized Indian 
Tribe whose air quality may be affected by the permitting action and 
whose reservation or Tribal area is contiguous to the jurisdiction in 
which the part 71 permit is proposed or is within 50 miles of the 
permitted source.



Sec. 71.9  Permit fees.

    (a) Fee requirement. The owners or operators of part 71 sources 
shall pay annual fees, or the equivalent over some other period, that 
are sufficient to cover the permit program costs, in accordance with the 
procedures described in this section.
    (b) Permit program costs. These costs include, but are not limited 
to, the costs of the following activities as they relate to a part 71 
program:
    (1) Reviewing and acting on any application for a permit, permit 
revision, or permit renewal, including the development of an applicable 
requirement as part of the processing of a permit, or permit revision or 
renewal;
    (2) Processing permit reopenings;
    (3) General administrative costs of the permit program, including 
transition planning, interagency coordination, contract management, 
training, informational services and outreach

[[Page 1312]]

activities, assessing and collecting fees, the tracking of permit 
applications, compliance certifications, and related data entry;
    (4) Implementing and enforcing the terms of any part 71 permit (not 
including any court costs or other costs associated with an enforcement 
action), including adequate resources to determine which sources are 
subject to the program;
    (5) Emissions and ambient monitoring, modeling, analyses, 
demonstrations, preparation of inventories, and tracking emissions, 
provided these activities are needed in order to issue and implement 
part 71 permits; and
    (6) Providing direct and indirect support to small business 
stationary sources in determining applicable requirements and in 
receiving permits under this part (to the extent that these services are 
not provided by a State Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program).
    (c) Establishment of fee schedule. (1) For part 71 programs that are 
administered by EPA, each part 71 source shall pay an annual fee in the 
amount of $32 per ton (as adjusted pursuant to the criteria set forth in 
paragraph (n)(1) of this section) times the total tons of the actual 
emissions of each regulated pollutant (for fee calculation) emitted from 
the source, including fugitive emissions.
    (2) For part 71 programs that are fully delegated pursuant to 
Sec. 71.10:
    (i) Where the EPA has not suspended its part 71 fee collection 
pursuant to paragraph (c)(2)(ii) of this section, the annual fee for 
each part 71 source shall be $24 per ton (as adjusted pursuant to the 
criteria set forth in paragraph (n)(1) of this section) times the total 
tons of the actual emissions of each regulated pollutant (for fee 
calculation) emitted from the source, including fugitive emissions.
    (ii) Where the delegate State collects fees from part 71 sources 
under State law which are sufficient to fund the delegated part 71 
program, the EPA may suspend its collection of part 71 fees. The 
specific terms and conditions regarding the suspension of fee collection 
will be addressed in the applicable delegation agreement pursuant to 
Sec. 71.10.
    (3) For part 71 programs that are administered by EPA with 
contractor assistance, the per ton fee shall vary depending on the 
extent of contractor involvement and the cost to EPA of contractor 
assistance. The EPA shall establish a per ton fee that is based on the 
contractor costs for the specific part 71 program that is being 
administered, using the following formula:

Cost per ton=(E x 32)+[(1-E) x $C]
Where E represents EPA's proportion of total effort (expressed as a 
percentage of total effort) needed to administer the part 71 program, 1-
E represents the contractor's effort, and C represents the contractor 
assistance cost on a per ton basis. C shall be computed by using the 
following formula:

C=[B+T+N] divided by 12,300,000

Where B represents the base cost (contractor costs), where T represents 
travel costs, and where N represents nonpersonnel data management and 
tracking costs.
    (4) For programs that are delegated in part, the fee shall be 
computed using the following formula:
    Cost per ton=(E x 32)+(D x 24)+[(1-E-D) x $C]
Where E and D represent, respectively, the EPA and delegate agency 
proportions of total effort (expressed as a percentage of total effort) 
needed to administer the part 71 program, 1-E-D represents the 
contractor's effort, and C represents the contractor assistance cost on 
a per ton basis. C shall be computed using the formula for contractor 
assistance cost found in paragraph (c)(3) of this section and shall be 
zero if contractor assistance is not utilized.
    (5) The following emissions shall be excluded from the calculation 
of fees under paragraph (c)(1) through (c)(4) of this section:
    (i) The amount of a part 71 source's actual emissions of each 
regulated pollutant (for fee calculation) that the source emits in 
excess of four thousand (4,000) tpy;
    (ii) A part 71 source's actual emissions of any regulated pollutant 
(for fee calculation) already included in the fee calculation; and
    (iii) The insignificant quantities of actual emissions not required 
to be

[[Page 1313]]

listed or calculated in a permit application pursuant to 
Sec. 71.5(c)(11).
    (6) ``Actual emissions'' means the actual rate of emissions in tpy 
of any regulated pollutant (for fee calculation) emitted from a part 71 
source over the preceding calendar year. Actual emissions shall be 
calculated using each emissions unit's actual operating hours, 
production rates, in-place control equipment, and types of materials 
processed, stored, or combusted during the preceding calendar year.
    (7) Notwithstanding the provisions of paragraph (c) (1) through (4) 
of this section, if the Administrator determines that the fee structures 
provided in paragraphs (c)(1) through (4) of this section do not reflect 
the costs of administering a part 71 program, then the Administrator 
shall by rule set a fee which adequately reflects permit program costs 
for that program.
    (d) Prohibition on fees with respect to emissions from affected 
units. Notwithstanding any other provision of this section, during the 
years 1995 through 1999 inclusive, no fee for purposes of title V shall 
be required to be paid with respect to emissions from any affected unit 
under section 404 of the Act.
    (e) Submission of initial fee calculation work sheets and fees. (1) 
Each part 71 source shall complete and submit an initial fee calculation 
work sheet as provided in paragraphs (e)(2), (f), and (g) of this 
section and shall complete and submit fee calculation work sheets 
thereafter as provided in paragraph (h) of this section. Calculations of 
actual or estimated emissions and calculation of the fees owed by a 
source shall be computed by the source on fee calculation work sheets 
provided by EPA. Fee payment of the full amount must accompany each 
initial fee calculation work sheet.
    (2) The fee calculation work sheet shall require the source to 
submit a report of its actual emissions for the preceding calendar year 
and to compute fees owed based on those emissions. For sources that have 
been issued part 70 or part 71 permits, actual emissions shall be 
computed using compliance methods required by the most recent permit. If 
actual emissions cannot be determined using the compliance methods in 
the permit, the actual emissions should be determined using federally 
recognized procedures. If a source commenced operation during the 
preceding calendar year, the source shall estimate its actual emissions 
for the current calendar year. In such a case, fees for the source shall 
be based on the total emissions estimated.
    (3) The initial fee calculation worksheet shall be certified by a 
responsible official consistent with Sec. 71.5(d).
    (f) Deadlines for submission. (1) When EPA withdraws approval of a 
part 70 program and implements a part 71 program, part 71 sources shall 
submit initial fee calculation work sheets and fees in accordance with 
the following schedule:
    (i) Sources having SIC codes between 0100 and 2499 inclusive shall 
complete and submit fee calculation work sheets and fees within 6 months 
of the effective date of the part 71 program;
    (ii) Sources having SIC codes between 2500 and 2999 inclusive shall 
complete and submit fee calculation work sheets and fees within 7 months 
of the effective date of the part 71 program;
    (iii) Sources having SIC codes between 3000 and 3999 inclusive shall 
complete and submit fee calculation work sheets and fees within 8 months 
of the effective date of the part 71 program;
    (iv) Sources having SIC codes higher than 3999 shall complete and 
submit fee calculation work sheets and fees within 9 months of the 
effective date of the part 71 program.
    (2) Sources that are required under either paragraph (f)(1) or (g) 
of this section to submit fee calculation work sheets and fees between 
January 1 and March 31 may estimate their emissions for the preceding 
calendar year in lieu of submitting actual emissions data. If the 
source's initial fee calculation work sheet was based on estimated 
emissions for the source's preceding calendar year, then the source 
shall reconcile the fees owed when it submits its annual emissions 
report, as provided in paragraph (h)(3) of this section.
    (3) When EPA implements a part 71 program that does not replace an 
approved part 70 program, part 71 sources shall submit initial fee 
calculation

[[Page 1314]]

work sheets and initial fees when submitting their permit applications 
in accordance with the requirements of Sec. 71.5(a)(1).
    (4) Notwithstanding the above, sources that become subject to the 
part 71 program after the program's effective date shall submit an 
initial fee calculation work sheet and initial fees when submitting 
their permit applications in accordance with the requirements of 
Sec. 71.5(a)(1).
    (g) Fees for sources that are issued part 71 permits following an 
EPA objection pursuant to Sec. 71.4(e). Fees for such sources shall be 
determined as provided in paragraph (c)(1) of this section. However, 
initial fee calculation work sheets for such sources and full payment of 
the initial fee shall be due three months after the date on which the 
source's part 71 permit is issued.
    (h) Annual emissions reports--(1) Deadlines for submission. Each 
part 71 source shall submit an annual report of its actual emissions for 
the preceding calendar year, a fee calculation work sheet (based on the 
report), and full payment of the annual fee each year on the anniversary 
date of its initial fee calculation work sheet, except that sources that 
were required to submit initial fee calculation work sheets between 
January 1 and March 31 inclusive shall submit subsequent annual 
emissions reports and fee calculation work sheets by April 1.
    (2) Annual emissions reports and fee calculation worksheets shall be 
certified by a responsible official consistent with Sec. 71.5(d).
    (3) For sources that have been issued part 70 or part 71 permits, 
actual emissions shall be computed using methods required by the most 
current permit for determining compliance.
    (4) If the source's initial fee calculation work sheet was based on 
estimated emissions for the source's current or preceding calendar year, 
then the source shall reconcile the fees owed when it submits its annual 
emissions report. The source shall compare the estimated emissions from 
the initial work sheet and the actual emissions from the report and 
shall enter such information on the fee calculation work sheet that 
accompanies the annual report. The source shall recompute the initial 
fee accordingly and shall remit any underpayment with the report and 
work sheet. The EPA shall credit any overpayment to the source's 
account.
    (i) Recordkeeping requirements. Part 71 sources shall retain, in 
accordance with the provisions of Sec. 71.6(a)(3)(ii), all work sheets 
and other materials used to determine fee payments. Records shall be 
retained for 5 years following the year in which the emissions data is 
submitted.
    (j) Fee assessment errors. (1) If EPA determines than a source has 
completed the fee calculation work sheet incorrectly, the permitting 
authority shall bill the applicant for the corrected fee or credit 
overpayments to the source's account.
    (2) Each source notified by the permitting authority of additional 
amounts due shall remit full payment within 30 days of receipt of an 
invoice from the permitting authority.
    (3) An owner or operator of a part 71 source who thinks that the 
assessed fee is in error shall provide a written explanation of the 
alleged error to the permitting authority along with the assessed fee. 
The permitting authority shall, within 90 days of receipt of the 
correspondence, review the data to determine whether the assessed fee 
was in error. If an error was made, the overpayment shall be credited to 
the account of the part 71 source.
    (k) Remittance procedure. (1) Each remittance under this section 
shall be in United States currency and shall be paid by money order, 
bank draft, certified check, corporate check, or electronic funds 
transfer payable to the order of the U.S. Environmental Protection 
Agency.
    (2) Each remittance shall be sent to the Environmental Protection 
Agency to the address designated on the fee calculation work sheet or 
the invoice.
    (l) Penalty and interest assessment. (1) The permitting authority 
shall assess interest on payments which are received later than the date 
due. The interest rate shall be the sum of the Federal short-term rate 
determined by the Secretary of the Treasury in accordance with section 
6621(a)(2) of the Internal Revenue Code of 1986, plus 3 percentage 
points.

[[Page 1315]]

    (2) The permitting authority shall assess a penalty charge of 50 
percent of the fee amount if the fee is not paid within 30 days of the 
payment due date.
    (3) If a source underpays the fee owed, except as provided in 
paragraph (l)(4) of this section, the permitting authority shall assess 
a penalty charge of 50 percent on the amount by which the fee was 
underpaid. Interest shall also be assessed, computed under paragraph 
(l)(1) of this section, on the amount by which the fee was underpaid.
    (4) If a source bases its initial fee calculation on estimated 
emissions from the source's current or preceding calendar year, as 
provided under paragraph (h)(4) of this section, and underpays its fee 
based on an underestimation of these emissions, the permitting authority 
shall assess a penalty charge of 50 percent on certain of these 
underpayments, according to the following provisions:
    (i) The penalty charge shall be assessed whenever a source's 
underpayment exceeds the underpayment penalty cutoff established in 
paragraph (l)(4)(iii) of this section. The penalty amount shall be 50 
percent of the portion of the underpayment which is in excess of the 
underpayment penalty cutoff.
    (ii) Where a source is subject to a penalty for underpayment 
pursuant to paragraph (l)(4)(i) of this section, interest as computed 
under paragraph (l)(1) of this section shall be assessed on that portion 
of the underpayment which is in excess of the underpayment penalty 
cutoff established in paragraph (l)(4)(iii) of this section.
    (iii) The underpayment penalty cutoff for a source shall be the sum 
of the following:
    (A) 50 percent of the portion of the initial fee amount which was 
calculated from estimated emissions of HAP listed pursuant to 112(b) of 
the Act, and
    (B) 20 percent of the portion of initial fee amount which was 
calculated from estimated emissions of the remainder of the regulated 
air pollutants (for fee calculation).
    (m) Failure to remit fees. The permitting authority shall not issue 
a final permit or permit revision until all fees, interest and penalties 
assessed against a source under this section are paid. The initial 
application of a source shall not be found complete unless the source 
has paid all fees owed.
    (n) Adjustments of fee schedules. (1) The fee schedules provided in 
paragraphs (c) (1) through (4) of this section shall remain in effect 
until December 31, 1996. Thereafter, the fee schedules shall be changed 
annually by the percentage, if any, of any annual increase in the 
Consumer Price Index.
    (2) Part 71 permit program costs and fees will be reviewed by the 
Administrator at least every 2 years, and changes will be made to the 
fee schedule as necessary to reflect permit program costs.
    (3) When changes to a fee schedule are made based on periodic 
reviews by the Administrator, the changes will be published in the 
Federal Register.
    (o) Use of revenue. All fees, penalties, and interest collected 
under this part shall be deposited in a special fund in the U.S. 
Treasury, which thereafter shall be available for appropriation, to 
remain available until expended, subject to appropriation, to carry out 
the activities required by this part.



Sec. 71.10  Delegation of part 71 program.

    (a) Delegation of part 71 program. The Administrator may delegate, 
in whole or in part, with or without signature authority, the authority 
to administer a part 71 operating permits program to a State, eligible 
Tribe, local, or other non-State agency in accordance with the 
provisions of this section. In order to be delegated authority to 
administer a part 71 program, the delegate agency must submit a legal 
opinion from the Attorney General from the State, or the attorney for 
the State, local, interstate, or eligible Tribal agency that has 
independent legal counsel, stating that the laws of the State, locality, 
interstate compact or Indian Tribe provide adequate authority to carry 
out all aspects of the delegated program. A Delegation of Authority 
Agreement (Agreement) shall set forth the terms and conditions of the 
delegation, shall specify the provisions that the delegate agency shall 
be authorized to implement, and shall be entered into by the

[[Page 1316]]

Administrator and the delegate agency. The Agreement shall become 
effective upon the date that both the Administrator and the delegate 
agency have signed the Agreement. Once delegation becomes effective, the 
delegate agency will be responsible, to the extent specified in the 
Agreement, for administering the part 71 program for the area subject to 
the Agreement.
    (b) Publication of Notice of Delegation of Authority Agreement. The 
Administrator shall publish a notice in the Federal Register informing 
the public of any delegation of a portion of the part 71 program to a 
State, eligible Tribe, or local agency.
    (c) Revision or revocation of Delegation of Authority Agreement. An 
Agreement may be modified, amended, or revoked, in part or in whole, by 
the Administrator after consultation with the delegate agency.
    (d) Transmission of information to the Administrator. (1) When a 
part 71 program has been delegated in accordance with the provisions of 
this section, the delegate agency shall provide to the Administrator a 
copy of each permit application (including any application for permit 
modification), each proposed permit, and each final part 71 permit. The 
applicant may be required by the delegate agency to provide a copy of 
the permit application (including the compliance plan) directly to the 
Administrator. Upon agreement with the Administrator, the delegate 
agency may submit to the Administrator a permit application summary form 
and any relevant portion of the permit application and compliance plan, 
in place of the complete permit application and compliance plan. To the 
extent practicable, the preceding information shall be provided in 
computer-readable format compatible with EPA's national database 
management system.
    (2) The Administrator may waive the requirements of paragraph (d)(1) 
of this section for any category of sources (including any class, type, 
or size within such category) other than major sources by regulation for 
a category of sources nationwide.
    (e) Retention of records. The records for each draft, proposed, and 
final permit, and application for permit renewal or modification shall 
be kept for a period of 5 years by the delegate agency. The delegate 
agency shall also submit to the Administrator such information as the 
Administrator may reasonably require to ascertain whether the delegate 
agency is implementing, administering, and enforcing the delegated part 
71 program in compliance with the requirements of the Act and of this 
part.
    (f) Prohibition of default issuance. (1) For the purposes of Federal 
law and title V of the Act, when a part 71 program has been delegated in 
accordance with the provisions of this section, no part 71 permit 
(including a permit renewal or modification) will be issued until 
affected States have had an opportunity to review the draft permit as 
required pursuant to Sec. 71.8(a) and EPA has had an opportunity to 
review the proposed permit.
    (2) To receive delegation of signature authority, the legal opinion 
submitted by the delegate agency pursuant to paragraph (a) of this 
section shall certify that no applicable provision of State, local or 
Tribal law requires that a part 71 permit or renewal be issued after a 
certain time if the delegate agency has failed to take action on the 
application (or includes any other similar provision providing for 
default issuance of a permit), unless EPA has waived such review for EPA 
and affected States.
    (g) EPA objection. (1) The Administrator will object to the issuance 
of any proposed permit determined by the Administrator not to be in 
compliance with applicable requirements or requirements under this part. 
No permit for which an application must be transmitted to the 
Administrator under paragraph (d)(1) of this section shall be issued if 
the Administrator objects to its issuance in writing within 45 days of 
receipt of the proposed permit and all necessary supporting information. 
When a part 71 program has been delegated in accordance with the 
provisions of this section, failure of the delegate agency to do any of 
the following shall constitute grounds for an objection by the 
Administrator:
    (i) Comply with paragraph (d) of this section;

[[Page 1317]]

    (ii) Submit any information necessary to review adequately the 
proposed permit;
    (iii) Process the permit under the procedures required by Secs. 71.7 
and 71.11; or
    (iv) Comply with the requirements of Sec. 71.8(a).
    (2) Any EPA objection under paragraph (g)(1) of this section shall 
include a statement of the Administrator's reason(s) for objection and a 
description of the terms and conditions that the permit must include to 
respond to the objection. The Administrator will provide the permit 
applicant a copy of the objection.
    (3) If the delegate agency fails, within 90 days after the date of 
an objection under paragraph (g)(1) of this section, to revise and 
submit to the Administrator the proposed permit in response to the 
objection, the Administrator shall issue or deny the permit in 
accordance with the requirements of this part.
    (h) Public petitions. In the case of a delegated program, any 
interested person may petition the Administrator to reopen a permit for 
cause as provided in Sec. 71.11(n).
    (i) Appeal of permits. When a part 71 program has been delegated 
with signature authority in accordance with the provisions of this 
section, any person or affected State that submitted recommendations or 
comments on the draft permit, or that participated in the public hearing 
process may petition the Environmental Appeals Board in accordance with 
Sec. 71.11(l)(1).
    (j) Nondelegable conditions. (1) The Administrator's authority to 
object to the issuance of a part 71 permit cannot be delegated to an 
agency not within EPA.
    (2) The Administrator's authority to act upon petitions submitted 
pursuant to paragraph (h) of this section cannot be delegated to an 
agency not within EPA.



Sec. 71.11  Administrative record, public participation, and administrative review.

    The provisions of this section shall apply to all permit 
proceedings. Notwithstanding the preceding sentence, paragraphs (a) 
through (h) and paragraph (j) of this section shall not apply to permit 
revisions qualifying as minor permit modifications or administrative 
amendments, except that public notice of the granting of appeals of such 
actions under paragraph (l)(3) of this section shall be provided 
pursuant to paragraph (d)(1)(i)(E) of this section, and except that 
affected States shall be provided notice of minor permit modifications 
under Sec. 71.8 as pursuant to paragraph (d)(3)(i)(B) of this section.
    (a) Draft permits. (1) The permitting authority shall promptly 
provide notice to the applicant of whether the application is complete 
pursuant to Sec. 71.7(a)(3).
    (2) Once an application for an initial permit, permit revision, or 
permit renewal is complete, the permitting authority shall decide 
whether to prepare a draft permit or to deny the application.
    (3) If the permitting authority initially decides to deny the permit 
application, it shall issue a notice of intent to deny. A notice of 
intent to deny the permit application is a type of draft permit and 
follows the same procedures as any draft permit prepared under this 
section. If the permitting authority's final decision is that the 
initial decision to deny the permit application was incorrect, it shall 
withdraw the notice of intent to deny and proceed to prepare a draft 
permit under paragraph (a)(4) of this section.
    (4) If the permitting authority decides to prepare a draft permit, 
it shall prepare a draft permit that contains the permit conditions 
required under Sec. 71.6.
    (5) All draft permits prepared under this section shall be publicly 
noticed and made available for public comment.
    (b) Statement of basis. The permitting authority shall prepare a 
statement of basis for every draft permit subject to this section. The 
statement of basis shall briefly describe the derivation of the 
conditions of the draft permit and the reasons for them or, in the case 
of notices of intent to deny or terminate, reasons supporting the 
initial decision. The statement of basis shall be sent to the applicant 
and, on request, to any other person.

[[Page 1318]]

    (c) Administrative record for draft permits. (1) The provisions of a 
draft permit shall be based on the administrative record defined in this 
section.
    (2) For preparing a draft permit, the administrative record shall 
consist of:
    (i) The application and any supporting data furnished by the 
applicant;
    (ii) The draft permit or notice of intent to deny the application or 
to terminate the permit;
    (iii) The statement of basis;
    (iv) All documents cited in the statement of basis; and
    (v) Other documents contained in the supporting file for the draft 
permit.
    (3) Material readily available at the permitting authority or 
published material that is generally available, and that is included in 
the administrative record under paragraphs (b) and (c) of this section 
need not be physically included with the rest of the record as long as 
it is specifically referred to in the statement of basis.
    (d) Public notice of permit actions and public comment period--(1) 
Scope. (i) The permitting authority shall give public notice that the 
following actions have occurred:
    (A) A permit application has been initially denied under paragraph 
(a) of this section;
    (B) A draft permit has been prepared under paragraph (a) of this 
section;
    (C) A hearing has been scheduled under paragraph (f) of this 
section; and
    (D) A public comment period has been reopened under paragraph (h) of 
this section;
    (E) An appeal has been granted under paragraph (l)(3) of this 
section.
    (ii) No public notice is required when a request for permit 
revision, revocation and reissuance, or termination has been denied 
under paragraph (a)(2) of this section. Written notice of that denial 
shall be given to the requester and to the permittee.
    (iii) Public notices may describe more than one permit or permit 
action.
    (2) Timing. (i) Public notice of the preparation of a draft permit, 
(including a notice of intent to deny a permit application), shall allow 
at least 30 days for public comment.
    (ii) Public notice of a public hearing shall be given at least 30 
days before the hearing. Public notice of the hearing may be given at 
the same time as public notice of the draft permit and the two notices 
may be combined.
    (iii) The permitting authority shall provide such notice and 
opportunity for participation to affected States on or before the time 
that the permitting authority provides this notice to the public.
    (3) Methods. Public notice of activities described in paragraph 
(d)(1)(i) of this section shall be given by the following methods:
    (i) By mailing a copy of a notice to the following persons (any 
person otherwise entitled to receive notice under paragraph (d) of this 
section may waive his or her rights to receive notice for any permit):
    (A) The applicant;
    (B) Affected States;
    (C) Air pollution control agencies of affected States, Tribal and 
local air pollution control agencies which have jurisdiction over the 
area in which the source is located, the chief executives of the city 
and county where the source is located, any comprehensive regional land 
use planning agency and any State or Federal Land Manager whose lands 
may be affected by emissions from the source;
    (D) The local emergency planning committee having jurisdiction over 
the area where the source is located, and State agencies having 
authority under State law with respect to the operation of such source;
    (E) Persons on a mailing list developed by:
    (1) Including those who request in writing to be on the list;
    (2) Soliciting persons for ``area lists'' from participants in past 
permit proceedings in that area; and
    (3) Notifying the public of the opportunity to be put on the mailing 
list through periodic publication in the public press and, where deemed 
appropriate by the permitting authority, in such publications as 
regional and State funded newsletters, environmental bulletins, or State 
law journals. The permitting authority may update the mailing list from 
time to time by requesting written indication of continued interest from 
those listed. The permitting authority may delete from the

[[Page 1319]]

list the name of any person who fails to respond to such a request.
    (ii) By publication of a notice in a daily or weekly newspaper of 
general circulation within the area affected by the source.
    (iii) By any other method reasonably calculated to give actual 
notice of the action in question to the persons potentially affected by 
it, including press releases or any other forum or medium to elicit 
public participation.
    (4) Contents--(i) All public notices. All public notices issued 
under this subpart shall contain the following minimum information:
    (A) The name and address of the permitting authority processing the 
permit;
    (B) The name and address of the permittee or permit applicant and, 
if different, of the facility regulated by the permit, except in the 
case of draft general permits;
    (C) The activity or activities involved in the permit action;
    (D) The emissions change involved in any permit revision;
    (E) The name, address, and telephone number of a person whom 
interested persons may contact for instructions on how to obtain 
additional information, such as a copy of the draft permit, the 
statement of basis, the application, relevant supporting materials, and 
other materials available to the permitting authority that are relevant 
to the permitting decision.
    (F) A brief description of the comment procedures required by 
paragraph (e) of this section, a statement of procedures to request a 
hearing (unless a hearing has already been scheduled) and other 
procedures by which the public may participate in the final permit 
decision;
    (G) The location of the administrative record, the times at which 
the record will be open for public inspection, and a statement that all 
data submitted by the applicant are available as part of the 
administrative record; and
    (H) Any additional information considered necessary or proper.
    (ii) Public notices for hearings. Public notice of a hearing may be 
combined with other notices required under paragraph (d)(1) of this 
section. Any public notice of a hearing under paragraph (f) of this 
section shall contain the following information:
    (A) The information described in paragraph (d)(4)(i) of this 
section;
    (B) Reference to the date of previous public notices relating to the 
permit;
    (C) The date, time, and place of the hearing; and
    (D) A brief description of the nature and purpose of the hearing, 
including the applicable rules and the comment procedures.
    (5) All persons identified in paragraphs (d)(3)(i) (A), (B), (C), 
(D), and (E) of this section shall be mailed a copy of the public 
hearing notice described in paragraph (d)(4)(ii) of this section.
    (e) Public comments and requests for public hearings. During the 
public comment period provided under paragraph (a) of this section, any 
interested person may submit written comments on the draft permit and 
may request a public hearing, if no hearing has already been scheduled. 
A request for a public hearing shall be in writing and shall state the 
nature of the issues proposed to be raised at the hearing. All comments 
shall be considered in making the final decision and shall be answered 
as provided in paragraph (j) of this section. The permitting authority 
will keep a record of the commenters and of the issues raised during the 
public participation process, and such records shall be available to the 
public.
    (f) Public hearings. (1) The permitting authority shall hold a 
hearing whenever it finds, on the basis of requests, a significant 
degree of public interest in a draft permit.
    (2) The permitting authority may also hold a public hearing at its 
discretion, whenever, for instance, such a hearing might clarify one or 
more issues involved in the permit decision.
    (3) Public notice of the hearing shall be given as specified in 
paragraph (d) of this section.
    (4) Whenever a public hearing is held, the permitting authority 
shall designate a Presiding Officer for the hearing who shall be 
responsible for its scheduling and orderly conduct.
    (5) Any person may submit oral or written statements and data 
concerning the draft permit. Reasonable limits may be set upon the time 
allowed for

[[Page 1320]]

oral statements, and the submission of statements in writing may be 
required. The public comment period under paragraph (d) of this section 
shall be automatically extended to the close of any public hearing under 
this section. The hearing officer may also extend the comment period by 
so stating at the hearing.
    (6) A tape recording or written transcript of the hearing shall be 
made available to the public.
    (g) Obligation to raise issues and provide information during the 
public comment period. All persons, including applicants, who believe 
any condition of a draft permit is inappropriate or that the permitting 
authority's initial decision to deny an application, terminate a permit, 
or prepare a draft permit is inappropriate, must raise all reasonably 
ascertainable issues and submit all reasonably ascertainable arguments 
supporting their position by the close of the public comment period 
(including any public hearing). Any supporting materials that are 
submitted shall be included in full and may not be incorporated by 
reference, unless they are already part of the administrative record in 
the same proceeding, or consist of State or Federal statutes and 
regulations, EPA documents of general applicability, or other generally 
available reference materials. In the case of a program delegated 
pursuant to Sec. 71.10, if requested by the Administrator, the 
permitting authority shall make supporting materials not already 
included in the administrative record available to EPA. The permitting 
authority may direct commenters to provide such materials directly to 
EPA. A comment period longer than 30 days may be necessary to give 
commenters a reasonable opportunity to comply with the requirements of 
this section. Additional time shall be granted to the extent that a 
commenter who requests additional time demonstrates the need for such 
time.
    (h) Reopening of the public comment period. (1) The permitting 
authority may order the public comment period reopened if the procedures 
of paragraph (h) of this section could expedite the decision making 
process. When the public comment period is reopened under paragraph (h) 
of this section, all persons, including applicants, who believe any 
condition of a draft permit is inappropriate or that the permitting 
authority's initial decision to deny an application, terminate a permit, 
or prepare a draft permit is inappropriate, must submit all reasonably 
available factual grounds supporting their position, including all 
supporting material, by a date not less than 30 days after public notice 
under paragraph (h)(2) of this section, set by the permitting authority. 
Thereafter, any person may file a written response to the material filed 
by any other person, by a date, not less than 20 days after the date set 
for filing of the material, set by the permitting authority.
    (2) Public notice of any comment period under this paragraph (h) 
shall identify the issues to which the requirements of paragraphs (h)(1) 
through (4) of this section shall apply.
    (3) On its own motion or on the request of any person, the 
permitting authority may direct that the requirements of paragraph 
(h)(1) of this section shall apply during the initial comment period 
where it reasonably appears that issuance of the permit will be 
contested and that applying the requirements of paragraph (h)(1) of this 
section will substantially expedite the decision making process. The 
notice of the draft permit shall state whenever this has been done.
    (4) A comment period of longer than 30 days may be necessary in 
complicated proceedings to give commenters a reasonable opportunity to 
comply with the requirements of this section. Commenters may request 
longer comment periods and they may be granted to the extent the 
permitting authority finds it necessary.
    (5) If any data, information, or arguments submitted during the 
public comment period appear to raise substantial new questions 
concerning a permit, the permitting authority may take one or more of 
the following actions:
    (i) Prepare a new draft permit, appropriately modified;
    (ii) Prepare a revised statement of basis, and reopen the comment 
period; or

[[Page 1321]]

    (iii) Reopen or extend the comment period to give interested persons 
an opportunity to comment on the information or arguments submitted.
    (6) Comments filed during the reopened comment period shall be 
limited to the substantial new questions that caused the reopening. The 
public notice shall define the scope of the reopening.
    (7) Public notice of any of the above actions shall be issued under 
paragraph (d) of this section.
    (i) Issuance and effective date of permit. (1) After the close of 
the public comment period on a draft permit, the permitting authority 
shall issue a final permit decision. The permitting authority shall 
notify the applicant and each person who has submitted written comments 
or requested notice of the final permit decision. This notice shall 
include reference to the procedures for appealing a decision on a 
permit. For the purposes of this section, a final permit decision means 
a final decision to issue, deny, revise, revoke and reissue, renew, or 
terminate a permit.
    (2) A final permit decision shall become effective 30 days after the 
service of notice of the decision, unless:
    (i) A later effective date is specified in the decision;
    (ii) Review is requested under paragraph (l) of this section (in 
which case the specific terms and conditions of the permit which are the 
subject of the request for review shall be stayed); or
    (iii) No comments requested a change in the draft permit, in which 
case the permit shall become effective immediately upon issuance.
    (j) Response to comments. (1) At the time that any final permit 
decision is issued, the permitting authority shall issue a response to 
comments. This response shall:
    (i) Specify which provisions, if any, of the draft permit have been 
changed in the final permit decision, and the reasons for the change; 
and
    (ii) Briefly describe and respond to all significant comments on the 
draft permit raised during the public comment period, or during any 
hearing.
    (2) Any documents cited in the response to comments shall be 
included in the administrative record for the final permit decision as 
defined in paragraph (k) of this section. If new points are raised or 
new material supplied during the public comment period, the permitting 
authority may document its response to those matters by adding new 
materials to the administrative record.
    (3) The response to comments shall be available to the public.
    (4) The permitting authority will notify in writing any affected 
State of any refusal to accept recommendations for the permit that the 
State submitted during the public or affected State review period.
    (k) Administrative record for final permits. (1) The permitting 
authority shall base final permit decisions on the administrative record 
defined in paragraph (k)(2) of this section.
    (2) The administrative record for any final permit shall consist of:
    (i) All comments received during any public comment period, 
including any extension or reopening;
    (ii) The tape or transcript of any hearing(s) held;
    (iii) Any written material submitted at such a hearing;
    (iv) The response to comments and any new materials placed in the 
record;
    (v) Other documents contained in the supporting file for the permit;
    (vi) The final permit;
    (vii) The application and any supporting data furnished by the 
applicant;
    (viii) The draft permit or notice of intent to deny the application 
or to terminate the permit;
    (ix) The statement of basis for the draft permit;
    (x) All documents cited in the statement of basis;
    (xi) Other documents contained in the supporting file for the draft 
permit.
    (3) The additional documents required under paragraph (k)(2) of this 
section should be added to the record as soon as possible after their 
receipt or publication by the permitting authority. The record shall be 
complete on the date the final permit is issued.
    (4) Material readily available at the permitting authority, or 
published materials which are generally available and which are included 
in the administrative record under the standards of paragraph (j) of 
this section need not

[[Page 1322]]

be physically included in the same file as the rest of the record as 
long as it is specifically referred to in the statement of basis or in 
the response to comments.
    (l) Appeal of permits. (1) Within 30 days after a final permit 
decision has been issued, any person who filed comments on the draft 
permit or participated in the public hearing may petition the 
Environmental Appeals Board to review any condition of the permit 
decision. Any person who failed to file comments or failed to 
participate in the public hearing on the draft permit may petition for 
administrative review only to the extent of the changes from the draft 
to the final permit decision or other new grounds that were not 
reasonably foreseeable during the public comment period on the draft 
permit. The 30-day period within which a person may request review under 
this section begins with the service of notice of the permitting 
authority's action unless a later date is specified in that notice, 
except that the 30-day period within which a person may request review 
of a minor permit modification or administrative amendment begins upon 
the effective date of such action to revise the permit. The petition 
shall include a statement of the reasons supporting that review, 
including a demonstration that any issues raised were raised during the 
public comment period (including any public hearing) to the extent 
required by these regulations unless the petitioner demonstrates that it 
was impracticable to raise such objections within such period or unless 
the grounds for such objection arose after such period, and, when 
appropriate, a showing that the condition in question is based on:
    (i) A finding of fact or conclusion of law which is clearly 
erroneous; or
    (ii) An exercise of discretion or an important policy consideration 
which the Environmental Appeals Board should, in its discretion, review.
    (2) The Board may also decide on its initiative to review any 
condition of any permit issued under this part. The Board must act under 
paragraph (l) of this section within 30 days of the service date of 
notice of the permitting authority's action.
    (3) Within a reasonable time following the filing of the petition 
for review, the Board shall issue an order either granting or denying 
the petition for review. To the extent review is denied, the conditions 
of the final permit decision become final agency action. Public notice 
of any grant of review by the Board under paragraph (l)(1) or (2) of 
this section shall be given as provided in paragraph (d) of this 
section. Public notice shall set forth a briefing schedule for the 
appeal and shall state that any interested person may file an amicus 
brief. Notice of denial of review shall be sent only to the permit 
applicant and to the person(s) requesting review.
    (4) A petition to the Board under paragraph (l)(1) of this section 
is, under 42 U.S.C. 307(b), a prerequisite to seeking judicial review of 
the final agency action.
    (5) For purposes of judicial review, final agency action occurs when 
a final permit is issued or denied by the permitting authority and 
agency review procedures are exhausted. A final permit decision shall be 
issued by the permitting authority:
    (i) When the Board issues notice to the parties that review has been 
denied;
    (ii) When the Board issues a decision on the merits of the appeal 
and the decision does not include a remand of the proceedings; or
    (iii) Upon the completion of remand proceedings if the proceedings 
are remanded, unless the Board's remand order specifically provides that 
appeal of the remand decision will be required to exhaust administrative 
remedies.
    (6) Motions to reconsider a final order shall be filed within ten 
(10) days after service of the final order. Every such motion must set 
forth the matters claimed to have been erroneously decided and the 
nature of the alleged errors. Motions for reconsideration under this 
provision shall be directed to, and decided by, the Board. Motions for 
reconsideration directed to the Administrator, rather than to the Board, 
will not be considered, except in cases that the Board has referred to 
the Administrator and in which the Administrator has issued the final 
order. A motion for reconsideration shall not stay

[[Page 1323]]

the effective date of the final order unless specifically so ordered by 
the Board.
    (m) Computation of time. (1) Any time period scheduled to begin on 
the occurrence of an act or event shall begin on the day after the act 
or event.
    (2) Any time period scheduled to begin before the occurrence of an 
act or event shall be computed so that the period ends on the day before 
the act or event, except as otherwise provided.
    (3) If the final day of any time period falls on a weekend or legal 
holiday, the time period shall be extended to the next working day.
    (4) Whenever a party or interested person has the right or is 
required to act within a prescribed period after the service of notice 
or other paper upon him or her by mail, 3 days shall be added to the 
prescribed time.
    (n) Public petitions to the Permitting Authority. (1) Any interested 
person (including the permittee) may petition the permitting authority 
to reopen a permit for cause, and the permitting authority may commence 
a permit reopening on its own initiative. However, the permitting 
authority shall not revise, revoke and reissue, or terminate a permit 
except for the reasons specified in Sec. 71.7(f)(1) or 
Sec. 71.6(a)(6)(i). All requests shall be in writing and shall contain 
facts or reasons supporting the request.
    (2) If the permitting authority decides the request is not 
justified, it shall send the requester a brief written response giving a 
reason for the decision. Denials of requests for revision, revocation 
and reissuance, or termination are not subject to public notice, 
comment, or hearings. Denials by the permitting authority may be 
informally appealed to the Environmental Appeals Board by a letter 
briefly setting forth the relevant facts. The Board may direct the 
permitting authority to begin revision, revocation and reissuance, or 
termination proceedings under paragraph (n)(3) of this section. The 
appeal shall be considered denied if the Board takes no action within 60 
days after receiving it. This informal appeal is, under 42 U.S.C. 307, a 
prerequisite to seeking judicial review of EPA action in denying a 
request for revision, revocation and reissuance, or termination.
    (3) If the permitting authority decides the request is justified and 
that cause exists to revise, revoke and reissue or terminate a permit, 
it shall initiate proceedings to reopen the permit pursuant to 
Sec. 71.7(f) or Sec. 71.7(g).



Sec. 71.12  Prohibited acts.

    Violations of any applicable requirement; any permit term or 
condition; any fee or filing requirement; any duty to allow or carry out 
inspection, entry, or monitoring activities; or any regulation or order 
issued by the permitting authority pursuant to this part are violations 
of the Act and are subject to full Federal enforcement authorities 
available under the Act.



             Subpart B--Permits for Early Reductions Sources



Sec. 71.21  Program overview.

    (a) The regulations in this subpart provide for a limited, Federal, 
title V, permit program to establish alternative emission limitations 
for early reductions sources that have demonstrated qualifying 
reductions of hazardous air pollutants under section 112(i)(5) of the 
Act. A permit issued under this subpart which establishes such an 
enforceable alternative emission limitation shall grant all emissions 
units in the early reductions source a six-year extension from otherwise 
applicable dates of compliance for standards promulgated under section 
112(d) of the Act.
    (b) After approval of a State's comprehensive permit program 
pursuant to title V of the Act, the Administrator may continue to issue 
specialty permits under this subpart only under the following 
circumstances:
    (1) The early reductions source filed a permit application under 
this subpart before the State obtained approval of a comprehensive title 
V permit program but the permit had not been finally issued at the time 
of State program approval; or
    (2) The early reductions source will be required to file an early 
reductions

[[Page 1324]]

permit application under Sec. 71.24(b) before a comprehensive permit 
application is required by the State under the approved program.
    (c) When a circumstance described in paragraph (b)(1) or (b)(2) of 
this section occurs, the primary consideration in the Administrator's 
decision to issue a specialty permit is the degree of delay anticipated 
by deferring to the State for permit issuance.
    (d) A Permit issued to an early reductions source under this subpart 
shall have a term not to exceed five years. Such a specialty permit 
shall be incorporated into a comprehensive title V permit subsequently 
issued to the facility containing the early reductions source, without 
reopening or revision of the specialty permit except as provided in 
Sec. 71.26(e).
    (e) Issuance of a specialty permit under this subpart does not 
relieve a source from an obligation to file a timely and complete 
comprehensive permit application as required under an approved 
comprehensive title V permit program.
    (f) Delegation to other permitting authorities. (1) The 
Administrator may delegate to another permitting authority the 
responsibility to implement this permit program. Under such a 
delegation, the Administrator reserves the right to issue a final permit 
to early reductions sources that filed permit applications with the 
Administrator prior to the permitting authority obtaining delegation.
    (2) Under any delegation, the Administrator will require that the 
permitting authority have enforcement authority substantially equivalent 
to that specified in Sec. 70.11 of this chapter.
    (3) Upon any delegation, administrative appeals of permit decisions 
issuing pursuant to the delegated program shall continue to be subject 
to the requirements of Sec. 71.27(l).



Sec. 71.22   Definitions.

    All terms used in this subpart not defined in this section are given 
the same meaning as in the Act or in subpart D of part 63 of this 
chapter.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
    Actual emissions means the actual rate of emissions of a pollutant, 
but does not include excess emissions from a malfunction, or startups 
and shutdowns associated with a malfunction. Actual emissions shall be 
calculated using the early reductions source's actual operating rates, 
and types of materials processed, stored, or combusted during the 
selected time period.
    Affected States are all States:
    (1) Whose air quality may be affected and that are contiguous to the 
State in which a permit, permit modification or permit renewal is being 
proposed; or
    (2) That are within 50 miles of the permitted source.
    Comprehensive title V permit program means a program approved by the 
Administrator under part 70 of this chapter or a program promulgated for 
EPA permit issuance under title V that encompasses all applicable 
requirements of the Clean Air Act.
    Draft permit means the version of a permit for which the 
Administrator offers public participation under Sec. 71.27.
    Early reductions source means a source of hazardous air pollutants 
as defined pursuant to Sec. 63.73 of this chapter.
    Emissions unit means any part or activity of a stationary source 
that emits or has the potential to emit any hazardous air pollutant.
    Enforceable commitment means a document drafted pursuant to section 
112(i)(5)(B) of the Act and signed by a responsible company official 
which commits a company to achieving before January 1, 1994 sufficient 
reductions in hazardous air pollutants from a designated early 
reductions source to qualify such source for a compliance extension 
under section 112(i)(5)(A) of the Act.
    EPA or Administrator means the Administrator of the EPA or his or 
her designee.
    Final permit means the version of a permit issued by the 
Administrator under this subpart that has completed all review 
procedures required by Sec. 71.27.
    Hazardous air pollutant means any air pollutant listed pursuant to 
section 112(b) of the Act.
    Permit means any permit covering an existing early reductions source 
that is issued, amended, or revised pursuant to this subpart.

[[Page 1325]]

    Permit revision means any permit modification or administrative 
permit amendment.
    Permitting authority means either of the following:
    (1) The Administrator, in the case of EPA-implemented programs; or
    (2) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under this subpart.
    Post-reduction year means the one year period beginning with the 
date early reductions have to be achieved to qualify for a compliance 
extension under subpart D of part 63 of this chapter, unless a source 
has established with the Administrator an earlier one year period as the 
post-reduction year. For most sources, the post-reduction year would 
begin with the date of proposal of the first section 112(d) standard 
applicable to the early reductions source; however, for sources that 
have made enforceable commitments, it would be the year from January 1, 
1994 through December 31, 1994.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively; or
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA).
    Section 112(d) standard means an emission standard issued by the 
Administrator under section 112(d) of the Clean Air Act, as amended.
    State means any non-Federal permitting authority, including any 
local agency, interstate association, or statewide program. The term 
``State'' also includes the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. Where such meaning is 
clear from the context, ``State'' shall have its conventional meaning.



Sec. 71.23   Applicability.

    (a) Sources covered. The provisions of this subpart apply to an 
owner or operator of an existing source who is seeking a compliance 
extension under section 112(i)(5) of the Act and who, pursuant to part 
63, subpart D, of this chapter, is required to file a permit application 
for the extension prior to the date a comprehensive title V permit 
program is approved for the State in which the existing source is 
located.
    (b) Covered emissions. All hazardous air pollutant emissions from 
the early reductions source shall be included in permit applications and 
part 71 permits issued under this subpart.



Sec. 71.24   Permit applications.

    (a) Where to file. To apply for a compliance extension and an 
alternative emission limitation under this subpart, the owner or 
operator of an early reductions source shall file a complete permit 
application with the appropriate EPA Regional Office. The owner or 
operator shall also send a copy of the application to the appropriate 
State agency; to the EPA Emission Standards Division, Mail Drop 13, 
Research Triangle Park, North Carolina, 27711 (attention: Early 
Reductions Officer); and to the EPA Office of Enforcement, EN-341W, 401 
M Street, SW., Washington, DC 20460 (attention: Early Reductions 
Officer).
    (b) Deadlines. (1) Permit applications under this subpart for early 
reductions

[[Page 1326]]

sources not subject to enforceable commitments shall be submitted by the 
later of the following dates:
    (i) 120 days after proposal of an otherwise applicable standard 
issued under section 112(d) of the Act; or
    (ii) March 21, 1995.
    (2) Permit applications for early reductions sources subject to 
enforceable commitments established pursuant to Sec. 63.75 of this 
chapter shall be filed no later than April 30, 1994.
    (3) If the post-reduction year does not end at least one month 
before the permit application deadline under paragraphs (b)(1) or (b)(2) 
of this section, the source may file the post-reduction emissions 
information required under paragraph (e)(2) of this section later as a 
supplement to the original permit application. In such cases, this 
supplemental information shall be submitted to the Administrator no 
later than one month after the end of the post-reduction year.
    (4) If a source test will be the supporting basis for establishing 
post-reduction emissions for one or more emissions units in the early 
reductions source, the test results shall be submitted by the deadline 
for submittal of a permit application under this section.
    (c) Complete application. To be found complete, an application must 
provide all information required pursuant to paragraph (e) of this 
section, except for the information on post-reduction emissions required 
under paragraph (e)(2) of this section. Applications for permit revision 
need supply the information required under paragraph (e) of this section 
only if it is related to the proposed change. Information submitted 
under paragraph (e) of this section must be sufficient to allow the 
Administrator to determine if the early reductions source meets the 
applicable requirements of subpart D of part 63 of this chapter. Unless 
the Administrator determines that an application is not complete within 
45 days of receipt of the application, such application shall be deemed 
to be complete, except as otherwise provided in Sec. 71.26(a)(3). If, 
while processing an application that has been determined or deemed to be 
complete, the Administrator determines that additional information is 
necessary to evaluate or take final action on that application, the 
Administrator may request such information in writing and set a 
reasonable deadline for a response.
    (d) Duty to supplement or correct application. Any applicant who 
fails to submit any relevant facts or who has submitted incorrect 
information in a permit application shall, upon becoming aware of such 
failure or incorrect submittal, promptly submit such supplementary facts 
or corrected information. In addition, an applicant shall provide 
additional or revised information as necessary to address any 
requirements of subpart D of part 63 of this chapter (Compliance 
Extensions for Early Reductions) or of this subpart that become 
applicable to the early reductions source after the date it filed a 
complete application but prior to release of a draft permit.
    (e) Required information. The following elements are required 
information for permit applications under this subpart:
    (1) Identifying information, including company name, telephone 
number, and address (or plant name, telephone number, and address if 
different from the company name); owner's name, telephone number, and 
agent; and telephone number(s) and name(s) of plant site manager/
contact;
    (2) All information required in Sec. 63.74 of this chapter, 
including that needed to describe the early reductions source, its base 
year and post-reduction emissions, and supporting basis for the 
emissions;
    (3) A statement of the proposed alternative emission limitation for 
hazardous air pollutants from the early reductions source on an annual 
basis, reflecting the emission reductions required to qualify the early 
reductions source for a compliance extension under subpart D of part 63 
of this chapter;
    (4) Additional emission limiting requirements, such as work practice 
standards or limitations on operation, which are necessary to assure 
proper operation of installed control equipment and compliance with the 
annual alternative emission limitation for the early reductions source;
    (5) Information necessary to define alternative operating scenarios 
for the

[[Page 1327]]

early reductions source or permit terms and conditions for trading 
hazardous air pollutant increases and decreases under Sec. 71.25(a)(10), 
including any associated permit terms and conditions needed to assure 
compliance with the alternative emission limitation under the 
alternative operating scenarios or pollutant trading; and
    (6) Statements related to compliance meeting the following criteria:
    (i) A statement of methods proposed to determine compliance by the 
early reductions source with the proposed alternative emission 
limitation, including a description of monitoring devices and 
activities, emission calculation procedures, recordkeeping, and 
reporting requirements and test methods; and
    (ii) A schedule for submission of compliance certifications during 
the permit term, to be submitted no less frequently than annually.
    (f) Any application form, report, or compliance certification 
submitted pursuant to these regulations shall contain certification by a 
responsible official of truth, accuracy, and completeness. This 
certification and any other certification required under this part shall 
state that, based on information and belief formed after reasonable 
inquiry, the statements and information in the document are true, 
accurate, and complete.



Sec. 71.25  Permit content.

    (a) Standard permit requirements. Each permit issued under this 
subpart shall include the following elements:
    (1) Alternative emission limitation. An annual alternative emission 
limitation for hazardous air pollutants from the early reductions source 
reflecting the 90 percent reduction (95 percent for hazardous air 
pollutants which are particulate matter) which qualified the early 
reductions source for a compliance extension under subpart D of part 63 
of this chapter.
    (2) Additional limitations. Additional emission limiting 
requirements, such as limitations on operation, work practice standards, 
and any other emission limiting requirements for the early reductions 
source necessary to assure compliance with the alternative emission 
limitation.
    (3) Monitoring requirements. Each permit shall contain the following 
monitoring requirements:
    (i) All emissions monitoring and analysis procedures or test methods 
necessary to assure compliance with the emission limitations established 
under paragraphs (a)(1) and (a)(2) of this section. Such monitoring or 
testing shall be consistent with the demonstration made pursuant to 
Sec. 63.74 of this chapter and any procedures and methods promulgated 
pursuant to sections 114(a)(3) or 504(b) of the Act;
    (ii) Periodic monitoring or testing sufficient to yield reliable 
data from the relevant time period that are representative of the early 
reductions source's compliance with the permit. Such monitoring 
requirements shall assure use of terms, test methods, units, averaging 
periods, and other statistical conventions consistent with the 
demonstration made pursuant to Sec. 63.74 of this chapter. Recordkeeping 
provisions may be sufficient to meet the requirements of this paragraph 
(a)(3)(ii); and
    (iii) As necessary, requirements concerning the use, maintenance, 
and, where appropriate, installation of monitoring equipment or methods.
    (4) Recordkeeping requirements. The permit shall contain 
recordkeeping requirements including the following, as applicable:
    (i) Records of required monitoring information that include the 
following:
    (A) The date, place as defined in the permit, and time of sampling 
or measurements;
    (B) The date(s) analyses were performed;
    (C) The company or entity that performed the analyses;
    (D) The analytical techniques or methods used;
    (E) The results of such analyses; and
    (F) The operating conditions as existing at the time of sampling or 
measurement;
    (ii) Retention of records of all required monitoring data and 
support information for a period of at least 5 years from the date of 
the monitoring sample, measurement, report, or application. Support 
information includes all calibration and maintenance

[[Page 1328]]

records and all original strip-chart recordings for continuous 
monitoring instrumentation, and copies of all reports required by the 
permit.
    (5) Reporting requirements. The permit shall require the following:
    (i) Submittal of reports of all required monitoring at least every 6 
months. All instances of deviations from permit requirements must be 
clearly identified in such reports; and
    (ii) Prompt reporting of any deviations from permit requirements, 
including those attributable to upset conditions as defined in the 
permit. Such reports shall include the probable cause of such deviations 
and any corrective actions or preventive measures taken. The 
Administrator will define ``prompt'' in the permit for each situation 
and will do so in relation to the degree and type of deviation likely to 
occur.
    (6) A severability clause to ensure the continued validity of the 
various permit requirements in the event of a challenge to any portions 
of the permit.
    (7) Provisions stating the following:
    (i) The permittee must comply with all conditions of part 71 permit 
issued under this subpart. A violation of an alternative emission 
limitation, as well as any other requirement established in a permit 
issued under this subpart, is enforceable pursuant to the authority of 
section 113 of the Act, notwithstanding any demonstration of continuing 
90 percent (95 percent in the case of hazardous air pollutants which are 
particulates) emission reduction over the entire early reductions 
source. Any permit noncompliance constitutes a violation of the Act and 
is grounds for enforcement action or for permit termination, revocation 
and reissuance, or modification;
    (ii) Need to halt or reduce activity not a defense. It shall not be 
a defense for a permittee in an enforcement action that it would have 
been necessary to halt or reduce the permitted activity in order to 
maintain compliance with the conditions of this permit;
    (iii) The permit may be revised, revoked, reopened, and reissued, or 
terminated for cause. The filing of a request by the permittee for a 
permit revision, revocation and reissuance, or termination, or of a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition;
    (iv) The permit does not convey any property rights of any sort, or 
any exclusive privilege; and
    (v) The permittee shall furnish to the Administrator, within a 
reasonable time, any information that the Administrator may request in 
writing to determine whether cause exists for revising the permit, 
revoking and reissuing, or terminating the permit or to determine 
compliance with the permit. Upon request, the permittee shall also 
furnish to the Administrator copies of records required to be kept by 
the permitee.
    (8) Terms and conditions for reasonably anticipated operating 
scenarios identified by the early reductions source in its application 
as approved by the Administrator. Such terms and conditions:
    (i) Shall require the early reductions source, contemporaneously 
with making a change from one operating scenario to another, to record 
in a log at the permitted facility a record of the scenario under which 
it is operating. Provided that an emitting unit is monitored in a way 
that provides contemporaneous identification that a change to a 
particular alternate scenario has occurred, no notice to the 
Administrator is required. Otherwise, when such a change is made, the 
permittee at the beginning of the following week shall place in regular 
mail to the Administrator notice that a change to a particular alternate 
operating scenario has occurred; and
    (ii) Must ensure that the terms and conditions of each such 
alternative scenario meet the alternative emission limitation and the 
requirements of this subpart.
    (9) Terms and conditions, if the permit applicant requests them, for 
the trading of hazardous air pollutant emissions increases and decreases 
among emissions units within the early reductions source without permit 
revision or case-by-case approval of each emissions trade, provided 
that:
    (i) Such terms and conditions include all terms required under 
paragraphs (a)

[[Page 1329]]

and (c) of this section to determine compliance;
    (ii) The changes in hazardous air pollutant emissions do not exceed 
the emissions allowable under the permit;
    (iii) The changes in hazardous air pollutant emissions are not 
modifications under any provision of title I of the Act;
    (iv) The Administrator determines that the emissions are 
quantifiable and that replicable procedures or other practical means 
exist to enforce the emission trades; and
    (v) The early reductions source owner or operator provides the 
Administrator written notification at least 7 days in advance of the 
proposed changes and includes in the notification a description of the 
change in emissions that will occur, when the change will occur, and how 
the increases and decreases in emissions will comply with the 
alternative emission limitation and other terms and conditions of the 
permit.
    (b) Federally enforceable requirements. All terms and conditions in 
a permit issued under this subpart are enforceable by the Administrator 
and citizens under the Act.
    (c) Compliance requirements. All permits issued under this subpart 
shall contain the following elements with respect to compliance:
    (1) Consistent with paragraphs (a)(3), (a)(4), and (a)(5) of this 
section, testing, monitoring, recordkeeping, and reporting requirements 
sufficient to assure compliance with the terms and conditions of the 
permit. Any document (including reports) required to be submitted by a 
permit shall contain a certification by a responsible official that 
meets the requirements of Sec. 71.24(f).
    (2) Inspection and entry provisions that require that, upon 
presentation of credentials and other documents as may be required by 
law, the permittee shall allow the Administrator or an authorized 
representative to perform the following:
    (i) Enter upon the permittee's premises where the early reductions 
source is located or emissions-related activity is conducted, or where 
required records are kept;
    (ii) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of the permit;
    (iii) Inspect at reasonable times any facilities, equipment 
(including monitoring and air pollution control equipment), practices, 
or operations regulated or required under the permit; and
    (iv) Sample or monitor at reasonable times substances or parameters 
for the purpose of determining compliance with the permit.
    (3) Requirements for compliance certification with terms and 
conditions contained in the permit, including the alternative emission 
limitation. Permits shall include each of the following:
    (i) The frequency (not less than annually) of submissions of 
compliance certifications;
    (ii) Consistent with paragraph (a)(3) of this section, a means for 
monitoring the compliance of the early reductions source with its 
alternative emission limitation;
    (iii) A requirement that the compliance certification include the 
following:
    (A) The identification of each term or condition of the permit that 
is the basis of the certification;
    (B) The compliance status;
    (C) Whether compliance was continuous or intermittent;
    (D) The method(s) used for determining the compliance status of the 
early reductions source, currently and over the reporting period 
consistent with paragraph (a)(3) of this section; and
    (E) Such other facts as the Administrator may require to determine 
the compliance status of the early reductions source;
    (iv) A requirement that all compliance certifications be submitted 
to the Administrator or the Administrator's designated agent; and
    (v) Such additional requirements as may be specified pursuant to 
sections 114(a)(3) and 504(b) of the Act.
    (4) Such other provisions as the Administrator may require.
    (d) Permit shield. (1) The Administrator will expressly include in a 
permit issued pursuant to this subpart a provision stating that 
compliance with the conditions of the permit shall be

[[Page 1330]]

deemed compliance with part 63, subpart D, of this chapter (the Early 
Reductions Rule), as of the date of permit issuance.
    (2) A permit shield may be extended to all permit terms and 
conditions for alternate operating scenarios pursuant to paragraph 
(a)(9) of this section or that allow increases and decreases in 
hazardous air pollutant emissions pursuant to paragraph (a)(10) of this 
section.
    (3) Nothing in this paragraph (d) or in any permit issued pursuant 
to this subpart shall alter or affect the following:
    (i) The provisions of sections 112(r) and 303 of the Act (emergency 
orders);
    (ii) The liability of an owner or operator of an early reductions 
source for any violation of applicable requirements prior to or at the 
time of permit issuance; or
    (iii) The ability of the Administrator to obtain information from an 
early reductions source pursuant to section 114 of the Act.
    (e) Emergency provision--(1) Definition. An ``emergency'' means any 
situation arising from sudden and reasonably unforeseeable events beyond 
the control of the early reductions source, including acts of God, which 
situation requires immediate corrective action to restore normal 
operation, and that causes the early reductions source to exceed an 
emission limitation under the permit, due to unavoidable increases in 
emissions attributable to the emergency. An emergency shall not include 
noncompliance to the extent caused by improperly designed equipment, 
lack of preventative maintenance, careless or improper operation, or 
operator error.
    (2) Effect of an emergency. An emergency constitutes an affirmative 
defense to an action brought for noncompliance with such an emission 
limitation if the conditions of paragraph (e)(3) of this section are 
met.
    (3) The affirmative defense of emergency shall be demonstrated 
through properly signed, contemporaneous operating logs, or other 
relevant evidence that:
    (i) An emergency occurred and that the permittee can identify the 
cause(s) of the emergency;
    (ii) The permitted facility was at the time being properly operated;
    (iii) During the period of the emergency the permittee took all 
reasonable steps to minimize levels of emissions that exceeded the 
emission limitation, or other requirements in the permit; and
    (iv) The permittee submitted notice of the emergency to the 
Administrator within 2 working days of the time when emission 
limitations were exceeded due to the emergency. This notice fulfills the 
requirement of paragraph (a)(5)(ii) of this section. This notice must 
contain a description of the emergency, any steps taken to mitigate 
emissions, and corrective actions taken.
    (4) In any enforcement proceeding, the permittee seeking to 
establish the occurrence of an emergency has the burden of proof.



Sec. 71.26  Permit issuance, reopenings, and revisions.

    (a) Action on application. (1) A permit or permit revision may be 
issued only if all of the following conditions have been met:
    (i) The Administrator has received a complete application for a 
permit or permit revision;
    (ii) The requirements for public participation under Sec. 71.27 have 
been followed; and
    (iii) The conditions of the proposed permit or permit revision meet 
all the requirements of Sec. 71.25 and provide for compliance with an 
alternative emission limitation reflecting the emissions reduction which 
qualified the early reductions source for a compliance extension under 
part 63, subpart D, of this chapter.
    (2) The Administrator will take final action on each permit 
application (including a request for permit revision) within 12 months 
after receiving a complete application, except that final action may be 
delayed where an applicant fails to provide additional information in a 
timely manner as requested by the Administrator under Sec. 71.24(c).
    (3) The Administrator will promptly provide notice to the applicant 
of whether the application is complete.

[[Page 1331]]

Unless the Administrator requests additional information or otherwise 
notifies the applicant of incompleteness within 45 days of receipt of an 
application, the application shall be deemed complete. For revisions 
that qualify as administrative amendments and are processed through the 
procedures of paragraph (c) of this section, a completeness 
determination need not be made.
    (4) If a source submits a timely and complete application for permit 
issuance, the source's failure to have a title V permit for purposes of 
any requirements under section 112 pertaining to the early reductions 
source is not a violation of this part until the Administrator takes 
final action on the permit application. This protection shall cease to 
apply if, subsequent to the completeness determination made pursuant to 
paragraph (a)(3) of this section, and as required by Sec. 71.24(d), the 
applicant fails to submit by the deadline specified in writing by the 
Administrator any additional information identified as being needed to 
process the application.
    (b) Permit renewal and expiration. (1) Permits issued under this 
subpart shall not be renewed. Permit renewal for expiring permits issued 
under this subpart shall be accomplished according to the requirements 
of title V of the Act for comprehensive permits for the facility 
containing the early reductions source.
    (2) Except as specified in paragraph (b)(3) of this section, permit 
expiration terminates the early reductions source's right to operate.
    (3) If, consistent with the requirements of title V of the Act, a 
timely and complete application for a comprehensive title V permit for 
the facility containing the early reductions source has been submitted 
but the permitting authority has failed to issue or deny the 
comprehensive permit prior to expiration of a permit issued under this 
subpart, then the existing permit for the early reductions source shall 
not expire until the comprehensive title V permit for the facility has 
been issued or denied.
    (c) Administrative permit amendments. (1) An ``administrative permit 
amendment'' is a permit revision that:
    (i) Corrects typographical errors;
    (ii) Identifies a change in the name, address, or phone number of 
any person identified in the permit, or provides a similar minor 
administrative change at the source;
    (iii) Requires more frequent monitoring or reporting by the 
permittee;
    (iv) Allows for a change in ownership or operational control of an 
early reductions source where the permitting authority determines that 
no other change in the permit is necessary, provided that a written 
agreement containing a specific date for transfer of permit 
responsibility, coverage, and liability between the current and new 
permittee has been submitted to the permitting authority; or
    (v) Incorporates any other type of change which the Administrator 
has determined to be ministerial in nature and, therefore, similar to 
those in paragraphs (c)(1)(i) through (c)(1)(iv) of this section.
    (2) Administrative permit amendment procedures. Administrative 
permit amendments may be made to a permit issued under this subpart 
using the following procedures:
    (i) The source shall submit to the Administrator an application 
containing a proposed addendum to the source's permit. The application 
shall demonstrate how the proposed change meets one of the criteria for 
administrative amendments set forth in paragraphs (c)(1)(i) through 
(c)(1)(iv) of this section, and include certification by the responsible 
official consistent with Sec. 71.24(f) that the change is eligible for 
administrative amendment procedures. The addendum shall:
    (A) Identify the terms of the part 71, subpart B permit the source 
proposes to change;
    (B) Propose new permit terms consistent with the provisions of this 
subpart applicable to the change;
    (C) Designate the addendum as having been processed under the 
procedures of this paragraph (c); and
    (D) Specify that the addendum will be effective 60 days from the 
date of the Administrator's receipt, unless the Administrator 
disapproves the change within such period.
    (ii) The Administrator will allow the source to implement the 
requested

[[Page 1332]]

change immediately upon making all required submittals, including the 
proposed addendum.
    (iii) The proposed addendum will become effective 60 days after the 
Administrator receives the submittal, provided the Administrator has not 
disapproved the request in writing before the end of the 60-day period. 
The Administrator shall record the change by attaching a copy of the 
addendum to the part 71, subpart B permit.
    (iv) If the Administrator disapproves the change, he or she shall 
notify the source of the reasons for the disapproval in a timely manner. 
Upon receiving such notice, the source shall comply with the terms of 
the permit that it had proposed to change, and thereafter the proposed 
addendum shall not take effect.
    (v) The process in this paragraph (c) may also be used for changes 
initiated by the Administrator that meet the criteria under paragraphs 
(c)(1) (i), (ii), and (iv) of this section. For such changes, the 
Administrator will notify the source of the proposed change and its 
effective date, and shall attach a copy of the change to the existing 
permit. On the effective date of the proposed change, the source shall 
comply with the provisions of the proposed change.
    (vi) The permit shield under Sec. 71.25(d) may not extend to 
administrative amendments processed under this paragraph (c)(2).
    (d) Permit revision procedures--(1) Criteria. Permit revision 
procedures shall be used for applications requesting permit revisions 
that do not qualify as administrative amendments. Nothing in this 
paragraph (d) shall be construed to preclude the permittee from making 
changes consistent with this subpart that would render existing permit 
compliance terms and conditions irrelevant.
    (2) Permit revisions shall meet all requirements of this subpart, 
including those for applications, public participation, and review by 
affected States, as they apply to permit issuance. The Administrator 
will complete review on permit revisions within 9 months after receipt 
of a complete application.
    (e) Reopening for cause. (1) Each issued permit shall include 
provisions specifying the conditions under which the permit will be 
reopened. A permit shall be reopened and revised under any of the 
following circumstances:
    (i) The Administrator determines that the permit contains a material 
mistake or that inaccurate statements were made in establishing the 
emission limits or other terms or conditions of the permit.
    (ii) The Administrator determines that the permit must be revised to 
assure compliance with the alternative emission limitation.
    (2) Proceedings to reopen and issue a permit shall follow the same 
procedures as apply to initial permit issuance and shall affect only 
those parts of the permit for which cause to reopen exists.
    (3) Reopenings under paragraph (e)(1) of this section shall not be 
initiated before a notice of such intent is provided to the early 
reductions source by the Administrator. Such notice will be provided at 
least 30 days in advance of the date that the permit is to be reopened, 
except that the Administrator may provide a shorter time period in the 
case of an emergency.
    (f) EPA review under State programs for issuing specialty permits. 
(1) If the Administrator approves a State program for the implementation 
of this subpart, the State program shall require that the Administrator 
receive a copy of each permit application (including any application for 
permit revision) each proposed permit, and each final permit issued 
pursuant to this subpart. The State program may require that the 
applicant provide a copy of any permit application directly to the 
Administrator.
    (2) The Administrator will object to the issuance of any proposed 
permit determined by the Administrator not to be in compliance with 
requirements under this subpart or part 63 of this chapter. If the 
Administrator objects in writing within 45 days of receipt of a proposed 
permit and all necessary supporting documentation, the State shall not 
issue the permit.
    (3) Any EPA objection to a proposed permit will include a statement 
of the Administrator's reasons for objection and a description of the 
terms and conditions that the permit must include to

[[Page 1333]]

respond to the objections. The Administrator will provide the permit 
applicant a copy of the objection.
    (4) Failure of the State to do any of the following also shall 
constitute grounds for an objection:
    (i) Comply with paragraph (f)(1) of this section;
    (ii) Submit any information necessary to review adequately the 
proposed permit; or
    (iii) Process the permit under procedures approved to meet paragraph 
(f) of this section.
    (5) If the State fails, within 90 days after the date of an 
objection under paragraph (f)(2) of this section, to revise and submit a 
proposed permit in response to the objection, the Administrator will 
issue or deny the permit in accordance with the requirements of this 
subpart.
    (6) Public petitions to the Administrator. Within 60 days after 
expiration of the Administrator's 45-day review period, any person may 
petition the Administrator in writing to make an objection. Any such 
petition shall be based only on objections to the permit that were 
raised with reasonable specificity during the public comment period 
provided for and consistent with Sec. 71.27, unless the petitioner 
demonstrates that it was impracticable to raise such objections within 
such period, or unless the grounds for such objection arose after such 
period. If the Administrator objects to the permit as a result of a 
petition filed under this paragraph, the permitting authority shall not 
issue the permit until EPA's objection has been resolved, except that a 
petition for review does not stay the effectiveness of a permit or its 
requirements if the permit was issued after the end of the 45-day review 
period and prior to an objection. If the permitting authority has issued 
a permit prior to receipt of an EPA objection under this paragraph, the 
Administrator will revise, terminate, or revoke such permit, and shall 
do so consistent with the procedures in 40 CFR 70.7(g)(4) or (g)(5)(i) 
except in unusual circumstances, and the permitting authority may 
thereafter issue only a revised permit that satisfies EPA's objection. 
In any case, the source will not be in violation of the requirement to 
have submitted a timely and complete application.



Sec. 71.27  Public participation and appeal.

    All permit proceedings, including preparation of draft permits, 
initial permit issuance, permit revisions, and granted appeals, shall 
provide adequate procedures for public participation, including notice, 
opportunity for comment, a hearing if requested, and administrative 
appeal. Specific procedures shall include the following:
    (a) Revision, revocation and reissuance, or termination of permits. 
(1) Permits may be revised, revoked and reissued, or terminated either 
at the request of any interested person (including the permittee) or 
upon the Administrator's initiative. However, permits may only be 
revised, revoked and reissued, or terminated for the reasons specified 
in Secs. 71.25(a)(7) and 71.26(e). All requests shall be in writing and 
shall contain facts or reasons supporting the request.
    (2) If the Administrator decides the request is not justified, he or 
she shall send the requester a brief written response giving a reason 
for the decision. Denials of requests for revision, revocation and 
reissuance, or termination are not subject to public notice, comment, or 
hearings. Denials by the Administrator may be informally appealed to the 
Environmental Appeals Board by a letter briefly setting forth the 
relevant facts. The Board may direct the Administrator to begin 
revision, revocation and reissuance, or termination proceedings under 
paragraph (a)(3) of this section. The appeal shall be considered denied 
if the Board takes no action within 60 days after receiving it. This 
informal appeal is, under 42 U.S.C. 307, a prerequisite to seeking 
judicial review of EPA action in denying a request for revision, 
revocation and reissuance, or termination.
    (3)(i) Except in the case of administrative amendment of a permit, 
if the Administrator tentatively decides to revise or revoke and reissue 
a permit under Secs. 71.25(a)(7) and 71.26(e), he or she shall prepare a 
draft permit under paragraph (b) of this section incorporating the 
proposed changes. The Administrator may request additional information 
and, in the case of a revised

[[Page 1334]]

permit, shall require the submission of an updated application. In the 
case of revoked and reissued permits, the Administrator shall require 
the submission of a new application.
    (ii) In a permit revision under this subsection, only those 
conditions to be revised shall be reopened when a new draft permit is 
prepared. All other aspects of the existing permit shall remain in 
effect for the duration of the unrevised permit. When a permit is 
revoked and reissued under this subsection, the entire permit is 
reopened just as if the permit had expired and was being reissued. 
During any revocation and reissuance proceeding the permittee shall 
comply with all conditions of the existing permit until a new final 
permit is reissued.
    (4) If the Administrator tentatively decides to terminate a permit 
under Secs. 71.25(a)(7) and 71.26(e), he or she shall issue a notice of 
intent to terminate. A notice of intent to terminate is a type of draft 
permit which follows the same procedures as any draft permit prepared 
under paragraph (b) of this section. A notice of intent to terminate 
shall not be issued if the Administrator and the permittee agree to 
termination in the course of transferring permit responsibility to an 
approved State under Sec. 71.21(e).
    (5) Any request by the permittee for revision to an existing permit 
shall be treated as a permit application and shall be processed in 
accordance with all requirements of Sec. 71.24.
    (b) Draft permits. (1) Once an application is complete, the 
Administrator shall tentatively decide whether to prepare a draft permit 
or to deny the application.
    (2) If the Administrator tentatively decides to deny the permit 
application, he or she shall issue a notice of intent to deny. A notice 
of intent to deny the permit application is a type of draft permit which 
follows the same procedures as any draft permit prepared under this 
subsection. If the Administrator's final decision is that the tentative 
decision to deny the permit application was incorrect, he or she shall 
withdraw the notice of intent to deny and proceed to prepare a draft 
permit under paragraph (b)(4) of this section.
    (3) If the Administrator decides to prepare a draft permit, he or 
she shall prepare a draft permit that contains the permit conditions 
under Sec. 71.25.
    (4) All draft permits prepared under this subsection shall be 
publicly noticed and made available for public comment. The 
Administrator shall give notice of opportunity for a public hearing, 
issue a final decision and respond to comments. For all early reductions 
permits, an appeal may be taken under paragraph (l) of this section.
    (c) Statement of basis. The Administrator shall prepare a statement 
of basis for every draft permit. The statement of basis shall briefly 
describe the derivation of the conditions of the draft permit and the 
reasons for them or, in the case of notices of intent to deny or 
terminate, reasons supporting the tentative decision. The statement of 
basis shall be sent to the applicant and, on request, to any other 
person.
    (d) Public notice of permit actions and public comment period--(1) 
Scope. (i) The Administrator shall give public notice that the following 
actions have occurred:
    (A) A permit application has been tentatively denied under paragraph 
(b)(2) of this section;
    (B) A draft permit has been prepared under paragraph (b)(3) of this 
section;
    (C) A hearing has been scheduled under paragraph (f) of this 
section;
    (D) An appeal has been granted under paragraph (l)(3) of this 
section.
    (ii) No public notice is required in the case of administrative 
permit amendments, or when a request for permit revision, revocation and 
reissuance, or termination has been denied under paragraph (a)(2) of 
this section. Written notice of that denial shall be given to the 
requester and to the permittee.
    (iii) Public notices may describe more than one permit or permit 
action.
    (2) Timing. (i) Public notice of the preparation of a draft permit 
or permit revision (including a notice of intent to deny a permit or 
permit revision application) shall allow at least 30 days for public 
comment.
    (ii) Public notice of a public hearing shall be given at least 30 
days before the hearing. (Public notice of the hearing may be given at 
the same time as

[[Page 1335]]

public notice of the draft permit or permit revision and the two notices 
may be combined.)
    (iii) The Administrator shall provide such notice and opportunity 
for participation to Affected States on or before the time that the 
Administrator provides this notice to the public.
    (3) Methods. Public notice of activities described in paragraph 
(d)(1)(i) of this section shall be given by the following methods:
    (i) By mailing a copy of a notice to the following persons (any 
person otherwise entitled to receive notice under this paragraph (d) may 
waive his or her rights to receive notice for any permit):
    (A) The applicant;
    (B) Any other agency which the Administrator knows has issued or is 
required to issue any other permit under the Clean Air Act for the same 
facility or activity;
    (C) Affected States and Indian Tribes;
    (D) Affected State and local air pollution control agencies, the 
chief executives of the city and county where the early reductions 
source is located, any comprehensive regional land use planning agency 
and any State, Federal Land Manager, or Indian Governing Body whose 
lands may be affected by emissions from the regulated activity;
    (E) Persons on a mailing list developed by:
    (1) Including those who request in writing to be on the list;
    (2) Soliciting persons for ``area lists'' from participants in past 
permit proceedings in that area; and
    (3) Notifying the public of the opportunity to be put on the mailing 
list through periodic publication in the public press and in such 
publications as Regional and State funded newsletters, environmental 
bulletins, or State law journals. (The Administrator may update the 
mailing list from time to time by requesting written indication of 
continued interest from those listed. The Administrator may delete from 
the list the name of any person who fails to respond to such a 
request.);
    (F) Any unit of local government with authority for regulating air 
pollution and having jurisdiction over the area where the early 
reductions source is located and to each State agency having any 
authority for regulating air pollution under State law with respect to 
the operation of such source.
    (ii) By publication of a notice in a daily or weekly newspaper of 
general circulation within the area affected by the early reductions 
source.
    (iii) By any other method reasonably calculated to give actual 
notice of the action in question to the persons potentially affected by 
it, including press releases or any other forum or medium to elicit 
public participation.
    (4) Contents--(i) All public notices. All public notices issued 
under this subpart shall contain the following minimum information:
    (A) The name and address of the Administrator or the Administrator's 
designated agent processing the permit;
    (B) The name and address of the permittee or permit applicant and, 
if different, of the facility regulated by the permit;
    (C) The activity or activities involved in the permit action;
    (D) The emissions change involved in any permit revision;
    (E) The name, address and telephone number of a person from whom 
interested persons may obtain additional information, including copies 
of the draft permit, the application, all relevant supporting materials, 
and all other materials available to the Administrator that are relevant 
to the permit decision;
    (F) A brief description of the comment procedures required by 
paragraphs (e) and (f) of this section and the time and place of any 
hearing that will be held, including a statement of procedures to 
request a hearing (unless a hearing has already been scheduled) and 
other procedures by which the public may participate in the final permit 
decision; and
    (G) Any additional information considered necessary or proper.
    (ii) Public notices for hearings. In addition to the general public 
notice described in paragraph (d)(4)(i) of this section, the public 
notice of a hearing under paragraph (f) of this section shall contain 
the following information:
    (A) Reference to the date of previous public notices relating to the 
permit;

[[Page 1336]]

    (B) Date, time, and place of the hearing; and
    (C) A brief description of the nature and purpose of the hearing, 
including the applicable rules and procedures.
    (5) In addition to the general public notice described in paragraph 
(d)(4)(i) of this section, all persons identified in paragraphs 
(d)(3)(i)(A), (B), and (C) of this section shall be mailed a copy of the 
fact sheet or statement of basis, the permit application (if any), and 
the draft permit (if any).
    (e) Public comments and requests for public hearings. During the 
public comment period provided under paragraph (a) of this section, any 
interested person may submit written comments on the draft permit or 
permit revision and may request a public hearing, if no hearing has 
already been scheduled. A request for a public hearing shall be in 
writing and shall state the nature of the issues proposed to be raised 
at the hearing. All comments shall be considered in making the final 
decision and shall be answered as provided in paragraph (j) of this 
section. The Administrator will keep a record of the commenters and of 
the issues raised during the public participation process, and such 
records shall be available to the public.
    (f) Public hearings. (1)(i) The Administrator shall hold a hearing 
whenever he or she finds, on the basis of requests, a significant degree 
of public interest in a draft permit or permit revision.
    (ii) The Administrator may also hold a public hearing at his or her 
discretion, whenever, for instance, such a hearing might clarify one or 
more issues involved in the permit decision.
    (iii) Public notice of the hearing shall be given as specified in 
paragraph (d) of this section.
    (2) Whenever a public hearing is held, the Administrator shall 
designate a Presiding Officer for the hearing who shall be responsible 
for its scheduling and orderly conduct.
    (3) Any person may submit oral or written statements and data 
concerning the draft permit or permit revision. Reasonable limits may be 
set upon the time allowed for oral statements, and the submission of 
statements in writing may be required. The public comment period under 
paragraph (d) of this section shall be automatically extended to the 
close of any public hearing under this subsection. The hearing officer 
may also extend the comment period by so stating at the hearing.
    (4) A tape recording or written transcript of the hearing shall be 
made available to the public.
    (g) Obligation to raise issues and provide information during the 
public comment period. All persons, including applicants, who believe 
any condition of a draft permit is inappropriate or that the 
Administrator's tentative decision to deny an application, terminate a 
permit, or prepare a draft permit is inappropriate, must raise all 
reasonably ascertainable issues and submit all reasonably ascertainable 
arguments supporting their position by the close of the public comment 
period (including any public hearing). Any supporting materials which 
are submitted shall be included in full and may not be incorporated by 
reference, unless they are already part of the administrative record in 
the same proceeding, or consist of State or Federal statutes and 
regulations, EPA documents of general applicability, or other generally 
available reference materials. Commenters shall make supporting 
materials not already included in the administrative record available to 
EPA as directed by the Administrator. (A comment period longer than 30 
days may be necessary to give commenters a reasonable opportunity to 
comply with the requirements of this paragraph (g). Additional time 
shall be granted to the extent that a commenter who requests additional 
time demonstrates the need for such time.)
    (h) Reopening of the public comment period. (1)(i) The Administrator 
may order the public comment period reopened if the procedures of this 
paragraph (h) could expedite the decisionmaking process. When the public 
comment period is reopened under this paragraph (h), all persons, 
including applicants, who believe any condition of a draft permit is 
inappropriate or that the Administrator's tentative decision to deny an 
application, terminate a permit, or prepare a draft permit is 
inappropriate, must submit all reasonably available factual grounds 
supporting their position, including all

[[Page 1337]]

supporting material, by a date, not less than 60 days after public 
notice under paragraph (h)(1)(ii) of this section, set by the 
Administrator. Thereafter, any person may file a written response to the 
material filed by any other person, by a date, not less than 20 days 
after the date set for filing of the material, set by the Administrator.
    (ii) Public notice of any comment period under this paragraph shall 
identify the issues to which the requirements of paragraph (h)(1)(i) of 
this section shall apply.
    (iii) On his or her own motion or on the request of any person, the 
Administrator may direct that the requirements of paragraph (h)(1)(i) of 
this section shall apply during the initial comment period where it 
reasonably appears that issuance of the permit will be contested and 
that applying the requirements of paragraph (h)(1)(i) of this section 
will substantially expedite the decisionmaking process. The notice of 
the draft permit shall state whenever this has been done.
    (iv) A comment period of longer than 60 days will often be necessary 
in complicated proceedings to give commenters a reasonable opportunity 
to comply with the requirements of this subsection. Commenters may 
request longer comment periods and they shall be granted to the extent 
they appear necessary.
    (2) If any data, information, or arguments submitted during the 
public comment period appear to raise substantial new questions 
concerning a permit, the Administrator may take one or more of the 
following actions:
    (i) Prepare a new draft permit, appropriately modified;
    (ii) Prepare a revised statement of basis, a fact sheet or revised 
fact sheet, and reopen the comment period; or
    (iii) Reopen or extend the comment period to give interested persons 
an opportunity to comment on the information or arguments submitted.
    (3) Comments filed during the reopened comment period shall be 
limited to the substantial new questions that caused its reopening. The 
public notice shall define the scope of the reopening.
    (4) Public notice of any of the above actions shall be issued under 
paragraph (d) of this section.
    (i) Issuance and effective date of permit. (1) After the close of 
the public comment period on a draft permit, the Administrator shall 
issue a final permit decision. The Administrator shall notify the 
applicant and each person who has submitted written comments or 
requested notice of the final permit decision. This notice shall include 
reference to the procedures for appealing a decision on a permit. For 
the purposes of this paragraph (i), a final permit decision means a 
final decision to issue, deny, revise, revoke and reissue, or terminate 
a permit.
    (2) A final permit decision shall become effective 30 days after the 
service of notice of the decision unless:
    (i) A later effective date is specified in the decision; or
    (ii) No comments requested a change in the draft permit, in which 
case the permit shall become effective immediately upon issuance.
    (j) Response to comments. (1) At the time that any final permit 
decision is issued, the Administrator shall issue a response to 
comments. This response shall:
    (i) Specify which provisions, if any, of the draft permit have been 
changed in the final permit decision, and the reasons for the change; 
and
    (ii) Briefly describe and respond to all significant comments on the 
draft permit raised during the public comment period, or during any 
hearing.
    (2) Any documents cited in the response to comments shall be 
included in the administrative record for the final permit decision as 
defined in paragraph (k) of this section. If new points are raised or 
new material supplied during the public comment period, EPA may document 
its response to those matters by adding new materials to the 
administrative record.
    (3) The response to comments shall be available to the public.
    (4) The Administrator will notify in writing any Affected State of 
any refusal to accept recommendations for the permit that the State 
submitted during the public or Affected State review period.

[[Page 1338]]

    (k) Administrative record for final permit. (1) The Administrator 
shall base final permit decisions on the administrative record defined 
in this paragraph (k).
    (2) The administrative record for any final permit shall consist of:
    (i) All comments received during the public comment period, 
including any extension or reopening;
    (ii) The tape or transcript of any hearing(s) held;
    (iii) Any written material submitted at such a hearing;
    (iv) The response to comments required by paragraph (j) of this 
section and any new materials placed in the record under paragraph (j) 
of this section;
    (v) Other documents contained in the supporting file for the permit;
    (vi) The final permit;
    (vii) The application and any supporting data furnished by the 
applicant;
    (viii) The draft permit or notice of intent to deny the application 
or to terminate the permit;
    (ix) The statement of basis for the draft permit;
    (x) All documents cited in the statement of basis; and
    (xi) Other documents contained in the supporting file for the draft 
permit.
    (3) The additional documents required under paragraph (k)(2) of this 
section should be added to the record as soon as possible after their 
receipt or publication by EPA. The record shall be complete on the date 
the final permit is issued.
    (4) This section applies to all final permits.
    (5) Material readily available at the issuing Regional Office, or 
published materials which are generally available and which are included 
in the administrative record under the standards of paragraph (j) of 
this section (``response to comments''), need not be physically included 
in the same file as the rest of the record as long as it is specifically 
referred to in the statement of basis or fact sheet or in the response 
to comments.
    (l) Appeal of permits. (1) Within 30 days after a final permit 
decision has been issued, any person who filed comments on the draft 
permit or participated in the public hearing may petition the 
Environmental Appeals Board to review any condition of the permit 
decision. Any person who failed to file comments or failed to 
participate in the public hearing on the draft permit may petition for 
administrative review only to the extent of the changes from the draft 
to the final permit decision. The 30-day period within which a person 
may request review under this subsection begins with the service of 
notice of the Administrator's action unless a later date is specified in 
that notice. The petition shall include a statement of the reasons 
supporting that review, including a demonstration that any issues raised 
were raised during the public comment period (including any public 
hearing) to the extent required by these regulations unless the 
petitioner demonstrates that it was impracticable to raise such 
objections within such period or unless the grounds for such objection 
arose after such period, and, when appropriate, a showing that the 
condition in question is based on:
    (i) A finding of fact or conclusion of law which is clearly 
erroneous; or
    (ii) An exercise of discretion or an important policy consideration 
which the Environmental Appeals Board should, in its discretion, review.
    (2) The Board may also decide on its initiative to review any 
condition of any permit issued under this subpart. The Board must act 
under this paragraph within 30 days of the service date of notice of the 
Administrator's action.
    (3) Within a reasonable time following the filing of the petition 
for review, the Board shall issue an order either granting or denying 
the petition for review. To the extent review is denied, the conditions 
of the final permit decision become final agency action. Public notice 
of any grant of review by the Board under paragraph (l) (1) or (2) of 
this section shall be given as provided in paragraph (d) of this 
section. Public notice shall set forth a briefing schedule for the 
appeal and shall state that any interested person may file an amicus 
brief. Notice of denial of review shall be sent only to applicant and to 
the person(s) requesting review.
    (4) A petition to the Board under paragraph (l)(1) of this section 
is, under

[[Page 1339]]

42 U.S.C. 307(b), a prerequisite to the seeking of judicial review of 
the final agency action.
    (5) For purposes of judicial review, final agency action occurs when 
a final permit is issued or denied by EPA and agency review procedures 
are exhausted. A final permit decision shall be issued by the 
Administrator:
    (i) When the Board issues notice to the parties that review has been 
denied;
    (ii) When the Board issues a decision on the merits of the appeal 
and the decision does not include a remand of the proceedings; or
    (iii) Upon the completion of remand proceedings if the proceedings 
are remanded, unless the Board's remand order specifically provides that 
appeal of the remand decision will be required to exhaust administrative 
remedies.
    (6) Neither the filing of a petition for review of any condition of 
the permit or permit decision nor the granting of an appeal by the 
Environmental Appeals Board shall stay the effect of any contested 
permit or permit condition.
    (m) Computation of time. (1) Any time period scheduled to begin on 
the occurrence of an act or event shall begin on the day after the act 
or event.
    (2) Any time period scheduled to begin before the occurrence of an 
act or event shall be computed so that the period ends on the day before 
the act or event, except as otherwise provided.
    (3) If the final day of any time period falls on a weekend or legal 
holiday, the time period shall be extended to the next working day.
    (4) Whenever a party or interested person has the right or is 
required to act within a prescribed period after the service of notice 
or other paper upon him or her by mail, 3 days shall be added to the 
prescribed time.
[[Page 1341]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected

[[Page 1343]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 1996)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


40 CFR, CHAPTER I (PARTS 61 TO 71): SUBCHAPTER C--AIR PROGRAMS

ENVIRONMENTAL PROTECTION AGENCY


American National Standards Institute

  1430 Broadway, New York, NY 10018
ANSI N13.1-1969 Guide to Sampling Airborne 
  Radioactive Materials in Nuclear Facilities.....            61.18(c); 
                                                       61.93(b)(2)(ii); 
                                                      61.107(b)(2)(ii); 
                                                   Method 114, paragraph 
                                                   2.1 to Appendix B of 
                                                                 Part 61


American Petroleum Institute

  2101 L Street, NW., Washington, DC 20037
API Publication 2517, Evaporative Loss from 
  External Floating-Roof Tanks, 3rd Ed., February 
  1989............................................         63.14; 63.111
API Publication 2518, Evaporative Loss from Fixed-
  Roof Tanks, 2nd Ed., October 1991...............         63.14; 63.150


American Public Health Association

  1015 Fifteenth St. NW., Washington, DC 20005
Standard Methods for the Examination of Water and 
  Wastewater, American Public Health Association, 
  American Waterworks Association, and Water 
  Pollution Control Federation, 18th Edition, 
  1992--Method 3500-Cr D, Colorimetric Method.....                63.404


American Society for Testing and Materials

  1916 Race Street, Philadelphia, Pennsylvania 19103
ASTM D737-75, Standard Test Method for Air 
  Permeability of Textile Fabrics.................              61.23(a)
ASTM D 835-85, Standard Specification for Refined 
  Benzene-485.....................................   61.18(a); 61.270(a)
ASTM D836-80, Standard Specification for 
  Industrial Grade Benzene........................             61.120(a)
ASTM D 836-84, Standard Specification for 
  Industrial Grade Benzene........................   61.18(a); 61.270(a)
ASTM D 1193-77, Standard Specification for Reagent 
  Water...........................................  Par. 4.1.1 and par. 
                                                    4.4.2 of Appendix A 
                                                              to Part 63
ASTM D 1331-89, Standard Test Methods for Surface 
  and Interfacial Tension of Solutions of Surface 
  Active Agents................................... Par. 3.1 and par. 4.2 
                                                   of Appendix A to Part 
                                                                      63
ASTM D 1946-77, Standard Method for Analysis of 
  Reformed Gas by Gas Chromatography..............          63.11; 63.14

[[Page 1344]]

ASTM D2267-68 (Reapproved 1978), Aromatic in Light 
  Naphtas and Aviation Gasolines by Gas 
  Chromatography..................................         61.18(a)(4); 
                                                           61.67(h)(1); 
                                                            61.115(d)(1)
ASTM D 2359-85a, Standard Specification for 
  Refined Benzene-535.............................   61.18(a); 61.270(a)
ASTM D2382-76, Heat of Combustion of Hydrocarbon 
  Fuels by Bomb Calorimeter (High-Precision 
  Method).........................................        61.103(e)(3); 
                                                          61.115(e)(3); 
                                                   61.122(d)(3); 63.11; 
                                                                   63.14
ASTM D2504-67 (Reapproved 1977) Noncondensable 
  Gases in C3 and Lighter Hydrocarbon Products by 
  Gas Chromatography.............................. 61.103(b); 61.115(e); 
                                                               61.122(d)
ASTM D 2879-83, Standard Test Method for Vapor 
  Pressure-Temperature Relationship and Initial 
  Decomposition Temperature of Liquids by 
  Isoteniscope....................................         63.14; 63.111
ASTM D2986-71 (Reapproved 1978), Standard Method 
  for Evaluation of Air, Assay Media by the 
  Monodisperse DOP (Dioctyl Phthalate) Smoke Test.   Appendix B to Part 
                                                   61, Method 103, par. 
                                                     2.1.3; Method 104, 
                                                            par. 3.1.1; 
                                                             61.18(a)(3)
ASTM D 3695-88, Standard Test Method for Volatile 
  Alcohols in Water by Direct Aqueous-Injection 
  Gas Chromatography..............................   63.14; 63.365(e)(1)
ASTM D 4734-87 Standard Specification for Refined 
  Benzene-545.....................................   61.18(a); 61.270(a)
ASTM E 50-82 (Reapproved 1986), Standard Practice 
  for Apparatus Reagents, and Safety Precautions 
  for Chemical Analysis of Metals................. 61.18(a)(11); Method 
                                                      108C, par. 2.1.4, 
                                                   Appendix B to Part 61
ASTM E 180-93 Standard Practice for Determining 
  the Precision of ASTM Methods for Analysis and 
  Testing of Industrial Chemicals.................   63.14(b); 63.786(b)


Environmental Protection Agency

    Copies available at: First International Bldg., 1201 Elm St., 
    Dallas, TX 75270
Approved State Plans for designated facilities and 
  pollutants......................................              62.02(d)
Approved plan for Louisiana.......................
  Copies available at: Environmental Monitoring and Support Laboratory, 
  Cincinnati, OH 45268
Method 601, Test Method for Purgeable Halocarbons, 
  July 1982.......................................           61.67(g)(2)


U.S. Government Printing Office

  Washington, DC 20402-9371; Telephone: 202-512-1800; Telefacsimile: 
  202-275-0019
Test Methods for Evaluating Solid Waste, Physical/
  Chemical Methods, November 1986, as amended by 
  Revision I, December 1987, order no. 955-001-
  00000-1; Method 8020, Aromatic Volatile 
  Organics; Method 8021, Volatile Organic 
  Compounds in Water by Purge and Trap Capillary 
  Column Gas Chromatography with Photoionization 
  and Electrolytic Conductivity Detectors in 
  Series; Method 8240, Gas Chromatography/Mass 
  Spectrometry for Volatile Organics; Method 8260, 
  Gas Chromatography/Mass Spectrometry for 
  Volatile Organics: Capillary Column Technique...            61.18(c); 
                                                        61.355(c)(2)(iv)
Test Methods for Evaluating Solid Waste, Physical 
  Chemical Methods, EPA Publication SW-846, Third 
  Edition, November 1986, and Revision I, December 
  1987--Method 7196, Chromium Hexavalent 
  (Colorimetric)..................................                63.404



[[Page 1345]]



                    Table of CFR Titles and Chapters




                      (Revised as of June 30, 1996)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3202)
      XXVI  Department of Defense (Part 3601)

[[Page 1346]]

       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
      LXIX  Tennessee Valley Authority (Part 7901)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)

[[Page 1347]]

       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
     XXXIX  Economic Analysis Staff, Department of Agriculture 
                (Parts 3900--3999)
        XL  Economics Management Staff, Department of Agriculture 
                (Parts 4000--4099)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)

[[Page 1348]]

        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                399)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

[[Page 1349]]

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Office of Commercial Space Transportation, Department 
                of Transportation (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

[[Page 1350]]

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)

[[Page 1351]]

        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)

[[Page 1352]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3699)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

[[Page 1353]]

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Programs, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
      XXVI  Pension Benefit Guaranty Corporation (Parts 2600--
                2699)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)

[[Page 1354]]

       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)

[[Page 1355]]

       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

[[Page 1356]]

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99)
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

[[Page 1357]]

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services, 
                General Administration (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 1358]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        22  Small Business Administration (Parts 2200--2299)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)

[[Page 1359]]

        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Regulatory Agencies (Fishing and 
                Whaling) (Parts 300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 1360]]

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 1361]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of June 30, 1996)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Analysis Staff                         7, XXXIX
  Economic Research Service                       7, XXXVII
  Economics Management Staff                      7, XL
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII

[[Page 1362]]

American Battle Monuments Commission              36, IV
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation, Office of        14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 1363]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Analysis Staff                           7, XXXIX
Economic Development Administration               13, III
Economics Management Staff                        7, XL
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 1364]]

Farm Service Agency                               7, VII, XVIII
Farmers Home Administration                       7, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
Federal Claims Collection Standards               4, II
Federal Communications Commission                 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Information Resources Management          41, Subtitle E, Ch. 201
     Regulations
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Fishing and Whaling, International Regulatory     50, III
     Agencies
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Information Resources Management        41, Subtitle E, Ch. 201
     Regulations
[[Page 1365]]

  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V

[[Page 1366]]

  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Regulatory Agencies (Fishing and    50, III
     Whaling)
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, Office of            29, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, Office of              29, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII

[[Page 1367]]

  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX

[[Page 1368]]

Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XXVI
Personnel Management, Office of                   5, I; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
  Federal Acquisition Regulation                  48, 22
Smithsonian Institution                           36, V
Social Security Administration                    20, III
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation, Office of      14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II

[[Page 1369]]

  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1371]]

                                     

                                     



                      Table of OMB Control Numbers



         PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 
1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 
1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

    This part consolidates the display of control numbers assigned to 
collections of information in certain EPA regulations by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (PRA). 
This part fulfills the requirements of section 3507(f) of the PRA.

------------------------------------------------------------------------
                                                            OMB control 
                     40 CFR citation                            No.     
------------------------------------------------------------------------
                           Public Information                           
                                                                        
Part 2, subpart B.......................................       2050-0143
------------------------------------------------------------------------
                                                                        
   General Regulation for Assistance Programs for Other than State and  
                           Local Governments                            
                                                                        
30.400..................................................       2030-0020
30.500..................................................       2030-0020
30.501..................................................       2030-0020
30.503..................................................       2030-0020
30.505..................................................       2030-0020
30.510..................................................       2030-0020
30.520..................................................       2030-0020
30.530..................................................       2030-0020
30.531..................................................       2030-0020
30.532..................................................       2030-0020
30.535..................................................       2030-0020
30.1002.................................................       2030-0020
30.1003.................................................       2030-0020
30.1200.................................................       2030-0020
------------------------------------------------------------------------
                                                                        
     Uniform Administrative Requirements for Grants and Cooperative     
               Agreements to State and Local Governments                
                                                                        
------------------------------------------------------------------------
31.10...................................................       2030-0020
31.20-31.21.............................................       2030-0020
31.31-31.32.............................................       2030-0020
31.36(g)-31.36(h).......................................       2030-0020
31.40...................................................       2030-0020
31.42...................................................       2030-0020
31.6....................................................       2030-0020
                                                                        
------------------------------------------------------------------------
                 Procurement Under Assistance Agreements                
                                                                        
------------------------------------------------------------------------
33.110..................................................       2030-0003
33.211..................................................       2030-0003
                                                                        
------------------------------------------------------------------------
                       State and Local Assistance                       
                                                                        
------------------------------------------------------------------------
35.2015.................................................       2040-0027
35.2025.................................................       2040-0027
35.2034.................................................       2040-0027
35.2040.................................................       2040-0027
35.2105-35.2107.........................................       2040-0027
35.2110.................................................       2040-0027
35.2114.................................................       2040-0027
35.2118.................................................       2040-0027
35.2120.................................................       2040-0027
35.2127.................................................       2040-0027
35.2130.................................................       2040-0027
35.2140.................................................       2040-0027
35.2211-35.2212.........................................       2040-0027
35.2215-35.2216.........................................       2040-0027
35.2218.................................................       2040-0027
35.3010.................................................       2040-0095
35.3030.................................................       2040-0095
35.3130.................................................       2040-0118
35.3135.................................................       2040-0118
35.3140.................................................       2040-0118
35.3145.................................................       2040-0118
35.3150.................................................       2040-0118
35.3155.................................................       2040-0118
35.3160.................................................       2040-0118
35.3165.................................................       2040-0118
35.3170.................................................       2040-0118
35.6055(a)(2)...........................................       2010-0020
35.6055(b)(1)...........................................       2010-0020
35.6055(b)(2)(i)-(ii)...................................       2010-0020
35.6105(a)(2)(i)-(v), (vii).............................       2010-0020
35.6110(b)(2)...........................................       2010-0020
35.6120.................................................       2010-0020
35.6145.................................................       2010-0020
35.6155(a), (c).........................................       2010-0020
35.6230(a), (c).........................................       2010-0020
35.6300(a)(3)...........................................       2010-0020
35.6315(c)..............................................       2010-0020
35.6320.................................................       2010-0020

[[Page 1372]]

                                                                        
35.6340(a)..............................................       2010-0020
35.6350.................................................       2010-0020
35.6500.................................................       2010-0020
35.6550(a)(1)(ii).......................................       2010-0020
35.6550(b)(1)(iii)......................................       2010-0020
35.6550(b)(2)(i)........................................       2010-0020
35.6585.................................................       2010-0020
35.6595(a)..............................................       2010-0020
35.6600(a)..............................................       2010-0020
35.6650.................................................       2010-0020
35.6655.................................................       2010-0020
35.6660.................................................       2010-0020
35.6665(a)..............................................       2010-0020
35.6700.................................................       2010-0020
35.6705.................................................       2010-0020
35.6710.................................................       2010-0020
35.6805.................................................       2010-0020
35.6815 (a), (d), (e)...................................       2010-0020
35.9000-35.9070.........................................       2040-0138
                                                                        
------------------------------------------------------------------------
 Requirements for Preparation, Adoption, and Submittal of Implementation
                                  Plans                                 
                                                                        
------------------------------------------------------------------------
51.160-51.166...........................................       2060-0003
51.321-51.323...........................................       2060-0088
51.353-51.354...........................................       2060-0252
51.365-51.366...........................................       2060-0252
51.370-51.371...........................................       2060-0252
51.850-51.860...........................................       2060-0279
                                                                        
------------------------------------------------------------------------
            Approval and Promulgation of Implementation Plans           
                                                                        
------------------------------------------------------------------------
52.21...................................................       2060-0003
52.741..................................................       2060-0203
                                                                        
------------------------------------------------------------------------
                 Outer Continental Shelf Air Regulations                
                                                                        
------------------------------------------------------------------------
55.4-55.8...............................................       2060-0249
55.11-55.14.............................................       2060-0249
                                                                        
------------------------------------------------------------------------
                    Ambient Air Quality Surveillance                    
                                                                        
------------------------------------------------------------------------
58.11-58.14.............................................       2060-0084
58.20-58.23.............................................       2060-0084
58.25-58.28.............................................       2060-0084
58.30-58.31.............................................       2060-0084
58.33...................................................       2060-0084
58.35...................................................       2060-0084
58.40-58.41.............................................       2060-0084
58.43...................................................       2060-0084
58.45...................................................       2060-0084
58.50...................................................       2060-0084
                                                                        
------------------------------------------------------------------------
         Standards of Performance for New Stationary Sources \1\        
                                                                        
------------------------------------------------------------------------
60.7(d).................................................       2060-0207
60.45-60.47.............................................       2060-0026
60.46a-60.49a...........................................       2060-0023
60.40b..................................................       2060-0072
60.42b..................................................       2060-0072
60.44b-60.49b...........................................       2060-0072
60.42c..................................................       2060-0202
60.44c-60.48c...........................................       2060-0202
60.53-60.54.............................................       2060-0040
60.50a..................................................       2060-0210
60.56a-60.59a...........................................       2060-0210
60.63-60.65.............................................       2060-0025
60.73-60.74.............................................       2060-0019
60.84-60.85.............................................       2060-0041
60.93...................................................       2060-0083
60.104-60.108...........................................       2060-0022
60.113a-60.115a.........................................       2060-0121
60.113b-60.116b.........................................       2060-0074
60.123..................................................       2060-0080
60.133..................................................       2060-0110
60.142-60.144...........................................       2060-0029
60.143a-60.145a.........................................       2060-0029
60.153-60.155...........................................       2060-0035
60.192(b)...............................................       2060-0031
60.194-60.195...........................................       2060-0031
60.203-60.204...........................................       2060-0037
60.213-60.214...........................................       2060-0037
60.223-60.224...........................................       2060-0037
60.233-60.234...........................................       2060-0037
60.243-60.244...........................................       2060-0037
60.253-60.254...........................................       2060-0122
60.273-60.276...........................................       2060-0038
60.273a-60.276a.........................................       2060-0038
60.284-60.286...........................................       2060-0021
60.292-60.293...........................................       2060-0054
60.296..................................................       2060-0054
60.303..................................................       2060-0082
60.310..................................................       2060-0106
60.313-60.316...........................................       2060-0106
60.334-60.335...........................................       2060-0028
60.343-60.344...........................................       2060-0063
60.373-60.374...........................................       2060-0081
60.384-60.386...........................................       2060-0016
60.393-60.396...........................................       2060-0034
60.398..................................................       2060-0034
60.403-60.404...........................................       2060-0111
60.433-60.435...........................................       2060-0105
60.443-60.447...........................................       2060-0004
60.453-60.456...........................................       2060-0108
60.463-60.466...........................................       2060-0107
60.473-60.474...........................................       2060-0002
60.482-2................................................       2060-0012
60.482-3................................................       2060-0012
60.482-4................................................       2060-0012
60.482-7................................................       2060-0012
60.482-8................................................       2060-0012
60.482-10...............................................       2060-0012
60.483-1................................................       2060-0012
60.483-2................................................       2060-0012
60.484-60.487...........................................       2060-0012
60.493-60.496...........................................       2060-0001
60.502-60.503...........................................       2060-0006
60.505..................................................       2060-0006
60.530-60.536...........................................       2060-0161
60.537 (a)(1)-(2), (a)(4)-(5), (b)-(i)..................       2060-0161
60.538-60.539...........................................       2060-0161
60.543 (b)(2)-(4), (c)-(n)..............................       2060-0156
60.544..................................................       2060-0156
60.545 (a)-(d), (f).....................................       2060-0156
60.546 (a)-(e), (f)(4)-(6), (g)-(j).....................       2060-0156
60.547..................................................       2060-0156
60.562-1................................................       2060-0145
60.562-2................................................       2060-0145
60.563-60.565...........................................       2060-0145
60.580..................................................       2060-0073
60.583-60.585...........................................       2060-0073
60.592-60.593...........................................       2060-0067
60.603-60.604...........................................       2060-0059
60.613-60.615...........................................       2060-0197
60.622..................................................       2060-0079
60.624-60.625...........................................       2060-0079
60.632-60.636...........................................       2060-0120
60.640..................................................       2060-0120
60.642-60.644...........................................       2060-0120
60.646-60.647...........................................       2060-0120
60.663-60.665...........................................       2060-0197
60.670..................................................       2060-0050

[[Page 1373]]

                                                                        
60.672..................................................       2060-0050
60.674-60.676...........................................       2060-0050
60.683-60.685...........................................       2060-0114
60.692-1................................................       2060-0172
60.692-2................................................       2060-0172
60.692-3................................................       2060-0172
60.692-4................................................       2060-0172
60.692-5................................................       2060-0172
60.693-1................................................       2060-0172
60.693-2................................................       2060-0172
60.695-60.698...........................................       2060-0172
60.703-60.705...........................................       2060-0269
60.710..................................................       2060-0171
60.713-60.717...........................................       2060-0171
60.722-60.725...........................................       2060-0162
60.734-60.736...........................................       2060-0251
60.740..................................................       2060-0181
60.743-60.747...........................................       2060-0181
                                                                        
------------------------------------------------------------------------
      National Emission Standards for Hazardous Air Pollutants \2\      
                                                                        
------------------------------------------------------------------------
                                                                        
61.24-61.25.............................................       2060-0191
61.32-61.34.............................................       2060-0092
61.53-61.55.............................................       2060-0097
61.65(b)-(d)............................................       2060-0071
61.67-61.71.............................................       2060-0071
61.93-61.95.............................................       2060-0191
61.103-61.105...........................................       2060-0191
61.107..................................................       2060-0191
61.123-61.124...........................................       2060-0191
61.126..................................................       2060-0191
61.132-61.133...........................................       2060-0185
61.135-61.139...........................................       2060-0185
61.142..................................................       2060-0101
61.144-61.147...........................................       2060-0101
61.149..................................................       2060-0101
61.150-61.155...........................................       2060-0101
61.163-61.165...........................................       2060-0043
61.203..................................................       2060-0191
61.206-61.209...........................................       2060-0191
61.223-61.224...........................................       2060-0191
61.242-1................................................       2060-0068
61.242-2................................................       2060-0068
61.242-3................................................       2060-0068
61.242-4................................................       2060-0068
61.242-7................................................       2060-0068
61.242-8................................................       2060-0068
61.242-10...............................................       2060-0068
61.242-11...............................................       2060-0068
61.243-1................................................       2060-0068
61.243-2................................................       2060-0068
61.244-61.247...........................................       2060-0068
61.253-61.255...........................................       2060-0191
61.271-61.276...........................................       2060-0185
61.300..................................................       2060-0182
61.302-61.305...........................................       2060-0182
61.342..................................................       2060-0183
61.344-61.349...........................................       2060-0183
61.354-61.357...........................................       2060-0183
                                                                        
------------------------------------------------------------------------
   National Emission Standards for Hazardous Air Pollutants for Source  
                             Categories \3\                             
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
63.52-63.56.............................................       2060-0266
63.72...................................................       2060-0222
63.74-63.79.............................................       2060-0222
63.91-63.96.............................................       2060-0264
63.103..................................................       2060-0282
63.105..................................................       2060-0282
63.117-63.118...........................................       2060-0282
63.122-63.123...........................................       2060-0282
63.129-63.130...........................................       2060-0282
63.146-63.148...........................................       2060-0282
63.151-63.152...........................................       2060-0282
63.181-63.182...........................................       2060-0282
63.302-63.311...........................................       2060-0253
63.322-63.325...........................................       2060-0234
63.345-63.347...........................................       2060-0327
63.363-63.367...........................................       2060-0283
63.403-63.406...........................................       2060-0268
63.420..................................................       2060-0325
63.422-63.428...........................................       2060-0325
63.467-63.468...........................................       2060-0273
63.525-63.528...........................................       2060-0290
63.548-63.550...........................................       2060-0296
63.563-63.567...........................................       2060-0289
63.653..................................................       2060-0340
63.654..................................................       2060-0340
63.703-63.707...........................................       2060-0326
63.752-63.753...........................................       2060-0341
63.806-63.807...........................................       2060-0324
63.829-63.830...........................................       2060-0335
                                                                        
------------------------------------------------------------------------
                 Chemical Accident Prevention Provisions                
                                                                        
------------------------------------------------------------------------
68.120 (a), (e), and (g)................................       2050-0127
                                                                        
------------------------------------------------------------------------
                     State Operating Permit Programs                    
                                                                        
------------------------------------------------------------------------
70.3-70.11..............................................       2060-0243
                                                                        
------------------------------------------------------------------------
                    Federal Operating Permit Programs                   
                                                                        
------------------------------------------------------------------------
71.5....................................................       2060-0336
71.6(a),(c),(d),(g).....................................       2060-0336
71.7....................................................       2060-0336
71.9(e)-(j).............................................       2060-0336
71.24-71.26.............................................       2060-0276
                                                                        
------------------------------------------------------------------------
                           Permits Regulation                           
                                                                        
------------------------------------------------------------------------
72.7-72.10..............................................       2060-0258
72.20-72.25.............................................       2060-0258
72.30-72.33.............................................       2060-0258
72.40-72.44.............................................       2060-0258
72.50-72.51.............................................       2060-0258
72.60-72.69.............................................       2060-0258
72.70-72.74.............................................       2060-0258
72.80-72.85.............................................       2060-0258
72.90-72.96.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                            Allowance System                            
                                                                        
------------------------------------------------------------------------
73.10-73.13.............................................       2060-0261
73.16...................................................       2060-0261
73.18-73.21.............................................       2060-0261
73.30-73.38.............................................       2060-0258
73.50-73.53.............................................       2060-0258
73.70-73.77.............................................       2060-0221
73.80-73.86.............................................       2060-0258
73.90...................................................       2060-0258
                                                                        
------------------------------------------------------------------------
                         Sulfur Dioxide Opt-ins                         
                                                                        
------------------------------------------------------------------------
74.12...................................................       2060-0258
74.14...................................................       2060-0258
74.16...................................................       2060-0258
74.18...................................................       2060-0258

[[Page 1374]]

                                                                        
74.20...................................................       2060-0258
74.22...................................................       2060-0258
74.24-74.25.............................................       2060-0258
74.41...................................................       2060-0258
74.43-74.44.............................................       2060-0258
74.46-74.47.............................................       2060-0258
74.60-74.64.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                     Continuous Emission Monitoring                     
                                                                        
------------------------------------------------------------------------
75.4-75.5...............................................       2060-0258
75.10-75.18.............................................       2060-0258
75.20-75.24.............................................       2060-0258
75.30-75.34.............................................       2060-0258
75.40-75.48.............................................       2060-0258
75.50-75.52.............................................       2060-0258
75.53-75.56.............................................       2060-0258
75.60-75.67.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
               Nitrogen Oxides Emission Reduction Program               
                                                                        
------------------------------------------------------------------------
76.8-76.15..............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                            Excess Emissions                            
                                                                        
------------------------------------------------------------------------
77.3-77.6...............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                 Appeal Procedures for Acid Rain Program                
                                                                        
------------------------------------------------------------------------
78.1-78.20..............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                Registration of Fuels and Fuel Additives                
                                                                        
------------------------------------------------------------------------
79.10-79.11.............................................       2060-0150
79.20-79.21.............................................       2060-0150
79.31-79.33.............................................       2060-0150
79.51(a), (c), (d), (g), (h)............................       2060-0150
79.52...................................................       2060-0150
79.57(a)(5).............................................       2060-0150
79.57(f)(5).............................................       2060-0150
79.58(e)................................................       2060-0150
79.59(b)-(d)............................................       2060-0150
79.60...................................................       2060-0150
79.61(e)................................................       2060-0150
79.62-79.68.............................................       2060-0297
                                                                        
------------------------------------------------------------------------
                 Regulation of Fuels and Fuel Additives                 
                                                                        
------------------------------------------------------------------------
80.20...................................................       2060-0066
80.25...................................................       2060-0066
80.27...................................................       2060-0178
80.29(c)................................................       2060-0308
80.141(c)-(f)...........................................       2060-0275
80.157..................................................       2060-0275
80.158..................................................       2060-0275
80.160..................................................       2060-0275
                                                                        
------------------------------------------------------------------------
                   Protection of Stratospheric Ozone                    
                                                                        
------------------------------------------------------------------------
82.9-82.13..............................................       2060-0170
82.21...................................................       2060-0170
82.36...................................................       2060-0247
82.38...................................................       2060-0247
82.40...................................................       2060-0247
82.42...................................................       2060-0247
82.122..................................................       2060-0259
82.156..................................................       2060-0256
82.160-82.162...........................................       2060-0256
82.164..................................................       2060-0256
82.166..................................................       2060-0256
82.176(a)...............................................       2060-0226
82.176(c)(3)............................................       2060-0226
82.178..................................................       2060-0226
82.180(a)(5)............................................       2060-0226
82.180(b)(3)............................................       2060-0226
82.184(c)...............................................       2060-0226
82.184(e)...............................................       2060-0226
                                                                        
------------------------------------------------------------------------
 Control of Air Pollution From Motor Vehicles and Motor Vehicle Engines 
                                                                        
------------------------------------------------------------------------
85.503..................................................       2060-0104
85.505..................................................       2060-0104
85.1503-85.1507.........................................       2060-0095
85.1509-85.1510.........................................       2060-0095
85.1511(b)-(d), (f).....................................       2060-0095
85.1511(b)(3)...........................................       2060-0007
85.1512.................................................       2060-0095
85.1514-85.1515.........................................       2060-0095
85.1703.................................................       2060-0124
85.1705-85.1706.........................................       2060-0007
85.1901-85.1909.........................................       2060-0048
85.2112-85.2123.........................................       2060-0065
85.2114.................................................       2060-0016
85.2115.................................................       2060-0016
                                                                        
------------------------------------------------------------------------
 Control of Air Pollution From New and In-Use Motor Vehicles and New and
     In-Use Motor Vehicle Engines: Certification and Test Procedures    
                                                                        
------------------------------------------------------------------------
86.079-31-86.079-33.....................................       2060-0104
86.079-36...............................................       2060-0104
86.079-39...............................................       2060-0104
86.080-12...............................................       2060-0104
86.082-34...............................................       2060-0104
86.085-13...............................................       2060-0104
86.085-37...............................................       2060-0104
86.087-38...............................................       2060-0104
86.090-14...............................................       2060-0104
86.090-21...............................................       2060-0104
86.090-25...............................................       2060-0104
86.090-26...............................................       2060-0104
86.090-27...............................................       2060-0104
86.091-7................................................       2060-0104
86.091-15...............................................       2060-0104
86.091-21...............................................       2060-0104
86.091-23...............................................       2060-0104
86.091-28...............................................       2060-0104
86.091-30...............................................       2060-0104
86.092-14...............................................       2060-0104
86.092-15...............................................       2060-0104
86.092-23...............................................       2060-0104
86.092-24...............................................       2060-0104
86.092-26...............................................       2060-0104
86.092-35...............................................       2060-0104
86.094-7-86.094-9.......................................       2060-0104
86.094-15-86.094-16.....................................       2060-0104
86.094-17...............................................       2060-0104
86.094-18...............................................       2060-0104
86.094-21...............................................       2060-0104
86.094-23...............................................       2060-0104
86.094-24(a)(3)(iii)....................................       2060-0314
86.094-25...............................................       2060-0104
86.094-30...............................................       2060-0104
86.094-35...............................................       2060-0104
86.094-38...............................................       2060-0104
86.095-14...............................................       2060-0104
86.095-23...............................................       2060-0104
86.095-24...............................................       2060-0104
86.095-26...............................................       2060-0104

[[Page 1375]]

                                                                        
86.095-30...............................................       2060-0104
86.095-35...............................................       2060-0104
86.096-7................................................       2060-0104
86.096-8................................................       2060-0104
86.096-9................................................       2060-0104
86.096-10...............................................       2060-0104
86.096-14...............................................       2060-0104
86.096-21...............................................       2060-0104
86.096-23...............................................       2060-0104
86.096-24...............................................       2060-0104
86.096-26...............................................       2060-0104
86.096-30...............................................       2060-0104
86.096-35...............................................       2060-0104
86.097-9................................................       2060-0104
86.098-23...............................................       2060-0104
86.098-28...............................................       2060-0104
86.099-8................................................       2060-0104
86.099-9................................................       2060-0104
86.099-10...............................................       2060-0104
86.111-94...............................................       2060-0104
86.113-82...............................................       2060-0104
86.113-87...............................................       2060-0104
86.113-90...............................................       2060-0104
86.113-91...............................................       2060-0104
86.113-94...............................................       2060-0104
86.135-82...............................................       2060-0104
86.135-90...............................................       2060-0104
86.135-94...............................................       2060-0104
86.142-90...............................................       2060-0104
86.144-90...............................................       2060-0104
86.144-94...............................................       2060-0104
86.150-98...............................................       2060-0104
86.336-79...............................................       2060-0104
86.337-79...............................................       2060-0104
86.412-78...............................................       2060-0104
86.414-78...............................................       2060-0104
86.415-78...............................................       2060-0104
86.416-80...............................................       2060-0104
86.421-78...............................................       2060-0104
86.423-78...............................................       2060-0104
86.427-78...............................................       2060-0104
86.428-80...............................................       2060-0104
86.429-78...............................................       2060-0104
86.431-78...............................................       2060-0104
86.432-78...............................................       2060-0104
86.434-78...............................................       2060-0104
86.435-78...............................................       2060-0104
86.436-78...............................................       2060-0104
86.437-78...............................................       2060-0104
86.438-78...............................................       2060-0104
86.439-78...............................................       2060-0104
86.440-78...............................................       2060-0104
86.513-94...............................................       2060-0104
86.537-90...............................................       2060-0104
86.542-90...............................................       2060-0104
86.603-88...............................................       2060-0064
86.604-84...............................................       2060-0064
86.605-88...............................................       2060-0064
86.606-84...............................................       2060-0064
86.607-84...............................................       2060-0064
86.608-88...............................................       2060-0064
86.608-90...............................................       2060-0064
86.608-96...............................................       2060-0104
86.609-84...............................................       2060-0064
86.609-96...............................................       2060-0104
86.612-84...............................................       2060-0064
86.614-84...............................................       2060-0064
86.615-84...............................................       2060-0064
86.709-94...............................................       2060-0104
86.709-99...............................................       2060-0104
86.884-5................................................       2060-0104
86.884-7................................................       2060-0104
86.884-9................................................       2060-0104
86.884-10...............................................       2060-0104
86.884-12...............................................       2060-0104
86.884-13...............................................       2060-0104
86.1003-88..............................................       2060-0064
86.1003-90..............................................       2060-0064
86.1004-84..............................................       2060-0064
86.1005-88..............................................       2060-0064
68.1005-90..............................................       2060-0064
86.1006-84..............................................       2060-0064
86.1007-84..............................................       2060-0064
86.1008-88..............................................       2060-0064
86.1008-90..............................................       2060-0064
86.1008-96..............................................       2060-0104
86.1009-84..............................................       2060-0064
86.1009-96..............................................       2060-0104
86.1012-84..............................................       2060-0064
86.1014-84..............................................       2060-0064
86.1015-87..............................................       2060-0064
86.1106-87..............................................       2060-0132
86.1108-87..............................................       2060-0132
86.1110-87..............................................       2060-0132
86.1111-87..............................................       2060-0104
86.1112-87-86.1115-87...................................       2060-0132
86.1213-85..............................................       2060-0104
86.1213-87..............................................       2060-0104
86.1242-85..............................................       2060-0104
86.1242-90..............................................       2060-0104
86.1308-84..............................................       2060-0104
86.1310-90..............................................       2060-0104
86.1311-94..............................................       2060-0104
86.1313-84..............................................       2060-0104
86.1313-87..............................................       2060-0104
86.1313-90..............................................       2060-0104
86.1313-91..............................................       2060-0104
86.1313-94..............................................       2060-0104
86.1314-84..............................................       2060-0104
86.1316-84..............................................       2060-0104
86.1316-90..............................................       2060-0104
86.1319-84..............................................       2060-0104
86.1319-90..............................................       2060-0104
86.1321-84..............................................       2060-0104
86.1321-90..............................................       2060-0104
86.1323-84..............................................       2060-0104
86.1327-84..............................................       2060-0104
86.1327-88..............................................       2060-0104
86.1327-90..............................................       2060-0104
86.1332-84..............................................       2060-0104
86.1332-90..............................................       2060-0104
86.1334-84..............................................       2060-0104
86.1335-90..............................................       2060-0104
86.1336-84..............................................       2060-0104
86.1340-84..............................................       2060-0104
86.1340-90..............................................       2060-0104
86.1341-90..............................................       2060-0104
86.1342-90..............................................       2060-0104
86.1344-94..............................................       2060-0104
86.1413.................................................       2060-0104
86.1427.................................................       2060-0104
86.1432.................................................       2060-0104
86.1434.................................................       2060-0104
86.1437.................................................       2060-0104
86.1442.................................................       2060-0104
86.1542-84..............................................       2060-0104
86.1544-84..............................................       2060-0104
86.2500.................................................       2060-0104
                                                                        
------------------------------------------------------------------------
                           Clean-Fuel Vehicles                          
                                                                        
------------------------------------------------------------------------
88.104-94 (a), (c), (e), (f), (g), (h), (i), (j), (k)...       2060-0104
88.105-94...............................................       2060-0104
88.204-94(b)(1).........................................       2060-0314
88.204-94(c)............................................       2060-0314

[[Page 1376]]

                                                                        
88.305-94...............................................       2060-0104
88.306-94(a), (b) introductory text.....................       2060-0104
88.306-94(b)(1).........................................       2060-0314
88.306-94(b)(2).........................................       2060-0314
88.306-94(b)(4).........................................       2060-0314
88.306-94(c)............................................       2060-0314
88.306-94(f)............................................       2060-0314
                                                                        
------------------------------------------------------------------------
        Control of Emissions From New and In-Use Nonroad Engines        
                                                                        
------------------------------------------------------------------------
89.1....................................................       2060-0124
89.2....................................................       2060-0124
89.114-96-89.120-96.....................................       2060-0287
89.122-96-89.127-96.....................................       2060-0287
89.129-96...............................................       2060-0287
89.203-96-89.207-96.....................................       2060-0287
89.209-96-89.211-96.....................................       2060-0287
89.304-96-89.331-96.....................................       2060-0287
89.404-96-89.424-96.....................................       2060-0287
89.505-89.905...........................................       2060-0064
89.511..................................................       2060-0064
89.512..................................................       2060-0064
89.603-89.605...........................................       2060-0095
89.607-89.610...........................................       2060-0095
89.611..................................................      2060-0007,
                                                               2060-0095
89.612..................................................       2060-0095
89.801..................................................       2060-0048
89.803..................................................       2060-0048
89.903..................................................       2060-0048
89.905..................................................       2060-0007
89.906..................................................       2060-0007
                                                                        
------------------------------------------------------------------------
        Control of Emissions From New and In-use Nonroad Engines        
90.107-90.108...........................................       2060-0338
90.113..................................................       2060-0338
90.115-90.124...........................................       2060-0338
90.126..................................................       2060-0338
90.304-90.329...........................................       2060-0338
90.404-90.427...........................................       2060-0338
90.505-90.509...........................................       2060-0295
90.511-90.512...........................................       2060-0295
90.604..................................................       2060-0294
90.611-90.613...........................................       2060-0294
90.800..................................................       2060-0048
90.802-90.804...........................................       2060-0048
90.806..................................................       2060-0048
90.903..................................................       2060-0124
90.905-90.906...........................................       2060-0007
                                                                        
------------------------------------------------------------------------
      Determining Conformity of Federal Actions to State or Federal     
                          Implementation Plans                          
                                                                        
------------------------------------------------------------------------
93.150-93.160...........................................       2060-0279
                                                                        
------------------------------------------------------------------------
                        Mandatory Patent Licenses                       
                                                                        
------------------------------------------------------------------------
95.2....................................................       2060-0307
                                                                        
------------------------------------------------------------------------
                        Oil Pollution Prevention                        
                                                                        
------------------------------------------------------------------------
112.1-112.7.............................................       2050-0021
                                                                        
------------------------------------------------------------------------
 Oil Pollution Prevention; Non-Transportation-Related Onshore Facilities
                                                                        
------------------------------------------------------------------------
112.20..................................................       2050-0135
                                                                        
------------------------------------------------------------------------
   Designation, Reportable Quantities, and Notification for Hazardous   
                               Substances                               
                                                                        
------------------------------------------------------------------------
116.4...................................................       2050-0046
117.3...................................................       2050-0046
117.21..................................................       2050-0046
                                                                        
------------------------------------------------------------------------
   EPA Administered Permit Programs: The National Pollutant Discharge   
                           Elimination System                           
                                                                        
------------------------------------------------------------------------
122.21(f)-(l)...........................................      2040-0086,
                                                               2040-0170
122.21(j)(4)............................................       2040-0150
122.21(m)-(p)...........................................      2040-0068,
                                                               2040-0170
122.26(c), (d)..........................................       2040-0086
122.41(h)...............................................      2040-0068,
                                                               2040-0170
122.41(j)...............................................      2040-0009,
                                                              2040-0110,
                                                               2040-0170
122.41(l)...............................................      2040-0110,
                                                              2040-0068,
                                                               2040-0170
122.42(c)...............................................       2040-0086
122.42(a), (b), (l).....................................      2040-0068,
                                                               2040-0170
122.44(g), (i)..........................................      2040-0004,
                                                               2040-0170
122.44(r)...............................................       2040-0180
122.45(b)...............................................      2040-0004,
                                                               2040-0110
122.45(b)(4)............................................       2040-0068
122.47(a)...............................................      2040-0110,
                                                               2040-0170
122.47(b)...............................................      2040-0110,
                                                              2040-0068,
                                                               2040-0170
122.48..................................................      2040-0004,
                                                               2040-0170
122.62(a)...............................................      2040-0068,
                                                               2040-0170
122.63..................................................      2040-0068,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
                        State Permit Requirements                       
                                                                        
------------------------------------------------------------------------
123.21-123.24...........................................      2040-0057,
                                                               2040-0170
123.25..................................................      2040-0004,
                                                              2040-0110,
                                                              2040-0170,
                                                               2040-0180
123.26-123.29...........................................      2040-0057,
                                                               2040-0170
123.43..................................................      2040-0057,
                                                               2040-0170
123.44..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180
123.45..................................................      2040-0057,
                                                               2040-0170
123.62..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180

[[Page 1377]]

                                                                        
123.63..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180
123.64..................................................      2040-0057,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
                      Procedures for Decisionmaking                     
                                                                        
------------------------------------------------------------------------
124.5...................................................       2040-0068
124.31..................................................       2050-0149
124.32..................................................       2050-0149
124.33..................................................       2050-0149
124.53-124.54...........................................       2040-0057
                                                                        
------------------------------------------------------------------------
 Criteria and Standards for the National Pollutant Discharge Elimination
                                 System                                 
                                                                        
------------------------------------------------------------------------
125.59-125.67, and Appendix A and B.....................       2040-0088
                                                                        
------------------------------------------------------------------------
                  Water Quality Planning and Management                 
                                                                        
------------------------------------------------------------------------
130.6-130.10............................................       2040-0071
130.15..................................................       2040-0071
                                                                        
------------------------------------------------------------------------
                   Water Quality Standards Regulation                   
                                                                        
------------------------------------------------------------------------
131.1...................................................       2040-0180
131.5...................................................       2040-0180
131.6-131.8.............................................       2040-0049
131.20..................................................       2040-0049
131.21..................................................      2040-0049,
                                                               2040-0180
131.22..................................................       2040-0049
131.31-131.36...........................................       2040-0049
                                                                        
------------------------------------------------------------------------
            Water Quality Guidance for the Great Lakes System           
                                                                        
------------------------------------------------------------------------
132.1...................................................       2040-0180
132.2...................................................       2040-0180
132.3...................................................       2040-0180
132.4...................................................       2040-0180
132.5...................................................       2040-0180
Part 132, Appendix A....................................       2040-0180
Part 132, Appendix B....................................       2040-0180
Part 132, Appendix C....................................       2040-0180
Part 132, Appendix D....................................       2040-0180
Part 132, Appendix E....................................       2040-0180
Part 132, Appendix F....................................       2040-0180
                                                                        
------------------------------------------------------------------------
              National Primary Drinking Water Regulations               
                                                                        
------------------------------------------------------------------------
141.2...................................................       2040-0090
141.4...................................................       2040-0090
141.11-141.15...........................................       2040-0090
141.21-141.22...........................................       2040-0090
141.23-141.24...........................................       2040-0090
141.25-141.30...........................................       2040-0090
141.31-141.32...........................................       2040-0090
141.33-141.35...........................................       2040-0090
141.40..................................................       2040-0090
141.41-141.43...........................................       2040-0090
141.50-141.52...........................................       2040-0090
141.60-141.63...........................................       2040-0090
141.70-141.75...........................................       2040-0090
141.80-141.91...........................................       2040-0090
141.100.................................................       2040-0090
141.110-141.111.........................................       2040-0090
                                                                        
------------------------------------------------------------------------
       National Primary Drinking Water Regulations Implementation       
                                                                        
------------------------------------------------------------------------
142.2-142.3.............................................       2040-0090
142.10-142.15...........................................       2040-0090
142.16..................................................       2060-0090
142.17-142.24...........................................       2040-0090
142.56-142.57...........................................       2040-0090
142.60-142.61...........................................       2040-0090
142.62..................................................       2040-0090
142.63-142.64...........................................       2040-0090
142.70-142.78...........................................       2040-0090
142.81-142.81...........................................       2040-0090
                                                                        
------------------------------------------------------------------------
                  Underground Injection Control Program                 
                                                                        
------------------------------------------------------------------------
144.8...................................................       2040-0042
144.12..................................................       2040-0042
144.14-144.15...........................................       2040-0042
144.23..................................................       2040-0042
144.25-144.28...........................................       2040-0042
144.31-144.33...........................................       2040-0042
144.38..................................................       2040-0042
144.41..................................................       2040-0042
144.51-144.55...........................................       2040-0042
144.62-144.66...........................................       2040-0042
144.70..................................................       2040-0042
                                                                        
------------------------------------------------------------------------
      Underground Injection Control Program: Criteria and Standards     
                                                                        
------------------------------------------------------------------------
146.10..................................................       2040-0042
146.12-146.15...........................................       2040-0042
146.22-146.25...........................................       2040-0042
146.32-146.35...........................................       2040-0042
146.52..................................................       2040-0042
146.64..................................................       2040-0042
146.66-146.73...........................................       2040-0042
                                                                        
------------------------------------------------------------------------
              State Underground Injection Control Programs              
                                                                        
------------------------------------------------------------------------
147.104.................................................       2040-0042
147.304-147.305.........................................       2040-0042
147.504.................................................       2040-0042
147.754.................................................       2040-0042
147.904.................................................       2040-0042
147.1154................................................       2040-0042
147.1354-147.1355.......................................       2040-0042
147.1454................................................       2040-0042
147.1654................................................       2040-0042
147.1954................................................       2040-0042
147.2103-147.2104.......................................       2040-0042
147.2154................................................       2040-0042
147.2402................................................       2040-0042
147.2905................................................       2040-0042
147.2912-147.2913.......................................       2040-0042
147.2915................................................       2040-0042
147.2918................................................       2040-0042
147.2920-147.2926.......................................       2040-0042
147.2929................................................       2040-0042
147.3002-147.3003.......................................       2040-0042
147.3006-147.3007.......................................       2040-0042
147.3011................................................       2040-0042
147.3014-147.3016.......................................       2040-0042
147.3101................................................       2040-0042
147.3104-147.3105.......................................       2040-0042
147.3107-147.3109.......................................       2040-0042
                                                                        
------------------------------------------------------------------------

[[Page 1378]]

                                                                        
                 Hazardous Waste Injection Restrictions                 
                                                                        
------------------------------------------------------------------------
148.5...................................................       2040-0042
148.20-148.23...........................................       2040-0042
                                                                        
------------------------------------------------------------------------
          Pesticide Registration and Classification Procedures          
                                                                        
------------------------------------------------------------------------
152.46..................................................       2070-0060
152.50..................................................      2070-0024,
                                                             2070-0040 &
                                                               2070-0060
152.80..................................................     2070-0040 &
                                                               2070-0060
152.85..................................................     2070-0040 &
                                                               2070-0060
152.98..................................................       2070-0060
152.122.................................................       2070-0060
152.132.................................................       2070-0044
152.135.................................................       2070-0060
152.164.................................................       2070-0060
152.404.................................................     2070-0040 &
                                                               2070-0060
152.406.................................................     2070-0040 &
                                                               2070-0060
152.412.................................................     2070-0040 &
                                                               2070-0060
152.414.................................................     2070-0040 &
                                                               2070-0060
                                                                        
------------------------------------------------------------------------
                         Registration Standards                         
                                                                        
------------------------------------------------------------------------
155.30..................................................       2070-0057
                                                                        
------------------------------------------------------------------------
            Labeling Requirements for Pesticides and Devices            
                                                                        
------------------------------------------------------------------------
156.36..................................................       2070-0052
156.206.................................................       2070-0060
156.208.................................................       2070-0060
156.210.................................................       2070-0060
156.212.................................................       2070-0060
                                                                        
------------------------------------------------------------------------
            Packaging Requirements for Pesticides and Devices           
                                                                        
------------------------------------------------------------------------
157.22..................................................       2070-0052
157.24..................................................       2070-0052
157.34..................................................       2070-0052
157.36..................................................       2070-0052
                                                                        
------------------------------------------------------------------------
                   Data Requirements for Registration                   
                                                                        
------------------------------------------------------------------------
158.30..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.32..................................................      2070-0040,
                                                              2070-0053,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.34..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.45..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.75..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.101.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.155.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.160.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.162.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.165.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.167.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.170.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.175.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.180.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.190.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.240.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.290.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.340.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.390.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.440.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.490.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.540.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.590.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.640.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.690.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107

[[Page 1379]]

                                                                        
158.740.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
                                                                        
------------------------------------------------------------------------
                   Good Laboratory Practice Standards                   
                                                                        
------------------------------------------------------------------------
part 160................................................      2070-0024,
                                                              2070-0032,
                                                              2070-0040,
                                                              2070-0055,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
                                                                        
------------------------------------------------------------------------
                State Registration of Pesticide Products                
                                                                        
------------------------------------------------------------------------
162.153.................................................       2070-0055
                                                                        
------------------------------------------------------------------------
           Certification of Usefulness of Pesticide Chemicals           
                                                                        
------------------------------------------------------------------------
163.4...................................................     2070-0060 &
                                                               2070-0024
163.5...................................................     2070-0060 &
                                                               2070-0024
                                                                        
------------------------------------------------------------------------
   Exemption of Federal and State Agencies for Use of Pesticides Under  
                          Emergency Conditions                          
                                                                        
------------------------------------------------------------------------
166.20..................................................       2070-0032
166.32..................................................       2070-0032
166.43..................................................       2070-0032
166.50..................................................       2070-0032
                                                                        
------------------------------------------------------------------------
        Registration of Pesticide and Active Ingredient Producing       
             Establishments, Submission of Pesticide Reports            
                                                                        
------------------------------------------------------------------------
part 167................................................       2070-0078
                                                                        
------------------------------------------------------------------------
         Statements of Enforcement Policies and Interpretations         
                                                                        
------------------------------------------------------------------------
168.65..................................................       2070-0027
168.75..................................................       2070-0027
168.85..................................................      2070-0027,
                                                            2070-0028, &
                                                               2070-0078
                                                                        
------------------------------------------------------------------------
       Books and Records of Pesticide Production and Distribution       
                                                                        
------------------------------------------------------------------------
169.2...................................................       2070-0028
                                                                        
------------------------------------------------------------------------
         Worker Protection Standards for Agricultural Pesticides        
                                                                        
------------------------------------------------------------------------
170.112.................................................       2070-0060
part 170................................................       2070-0148
                                                                        
------------------------------------------------------------------------
                 Certification of Pesticide Applicators                 
                                                                        
------------------------------------------------------------------------
171.7...................................................       2070-0029
171.8...................................................       2070-0029
171.9...................................................       2070-0029
171.10..................................................       2070-0029
171.11..................................................       2070-0029
                                                                        
------------------------------------------------------------------------
                        Experimental Use Permits                        
                                                                        
------------------------------------------------------------------------
172.4...................................................       2070-0040
172.8...................................................       2070-0040
                                                                        
------------------------------------------------------------------------
                  Issuance of Food Additive Regulations                 
                                                                        
------------------------------------------------------------------------
177.81..................................................       2070-0024
177.92..................................................       2070-0024
177.98..................................................       2070-0024
177.99..................................................       2070-0024
177.102.................................................       2070-0024
177.105.................................................       2070-0024
177.110.................................................       2070-0024
177.116.................................................       2070-0024
                                                                        
------------------------------------------------------------------------
 Tolerances and Exemptions from Tolerances for Pesticide Chemicals in or
                     on Raw Agricultural Commodities                    
                                                                        
------------------------------------------------------------------------
180.7...................................................       2070-0024
180.8...................................................       2070-0024
180.9...................................................       2070-0024
180.31..................................................       2070-0024
180.32..................................................       2070-0024
180.33..................................................       2070-0024
                                                                        
------------------------------------------------------------------------
                      404 State Program Regulations                     
                                                                        
------------------------------------------------------------------------
233.10-233.12...........................................       2040-0168
233.21..................................................       2040-0168
233.30..................................................       2040-0168
233.50..................................................       2040-0168
233.52..................................................       2040-0168
233.61..................................................       2040-0140
                                                                        
------------------------------------------------------------------------
              Criteria for Municipal Solid Waste Landfills              
                                                                        
------------------------------------------------------------------------
258.10-258.16...........................................       2050-0122
258.20..................................................       2050-0122
258.23..................................................       2050-0122
258.28-258.29...........................................       2050-0122
258.51..................................................       2050-0122
258.53-258.55...........................................       2050-0122
258.57-258.58...........................................       2050-0122
258.60-258.61...........................................       2050-0122
258.71-258.74...........................................       2050-0122
                                                                        
------------------------------------------------------------------------
               Hazardous Waste Management System: General               
                                                                        
------------------------------------------------------------------------
260.20-260.22...........................................       2050-0053
260.23..................................................       2050-0145
260.31-260.33...........................................       2050-0053
                                                                        
------------------------------------------------------------------------
              Identification and Listing of Hazardous Waste             
                                                                        
------------------------------------------------------------------------
261.3...................................................       2050-0085
261.4...................................................       2050-0053
261.35..................................................       2050-0115
                                                                        
------------------------------------------------------------------------
          Standards Applicable to Generators of Hazardous Waste         
                                                                        
------------------------------------------------------------------------
262.12..................................................       2050-0028
262.20..................................................       2050-0039
262.22-262.23...........................................       2050-0039
262.34..................................................      2050-0035,
                                                               2050-0085

[[Page 1380]]

                                                                        
262.40(a)...............................................       2050-0039
262.40(b)...............................................       2050-0024
262.40(c)...............................................       2050-0035
262.41..................................................       2050-0024
262.42..................................................       2050-0039
262.43..................................................       2050-0035
262.44(a)-(b)...........................................       2050-0039
262.44(c)...............................................       2050-0035
262.53-262.57...........................................       2050-0035
262.60..................................................       2050-0035
                                                                        
------------------------------------------------------------------------
         Standards Applicable to Transporters of Hazardous Waste        
                                                                        
------------------------------------------------------------------------
263.11..................................................       2050-0028
263.20-263.22...........................................       2050-0039
263.30..................................................       2050-0039
                                                                        
------------------------------------------------------------------------
    Standards for Owners and Operators of Hazardous Waste Treatment,    
                    Storage, and Disposal Facilities                    
                                                                        
------------------------------------------------------------------------
264.11..................................................       2050-0028
264.12 (a)..............................................       2050-0120
264.13..................................................     2050-0120 &
                                                               2050-0009
264.14..................................................       2050-0009
264.15..................................................     2050-0120 &
                                                               2050-0009
264.16..................................................     2050-0120 &
                                                               2050-0009
264.17..................................................       2050-0120
264.18..................................................       2050-0009
264.19..................................................       2050-0009
264.32..................................................       2050-0009
264.35..................................................       2050-0009
264.37..................................................       2050-0120
264.51..................................................       2050-0009
264.52..................................................       2050-0009
264.53..................................................       2050-0120
264.54..................................................       2050-0120
264.56..................................................       2050-0120
264.71..................................................       2050-0039
264.72..................................................       2050-0039
264.73..................................................       2050-0120
264.74..................................................       2050-0120
264.75..................................................       2050-0024
264.76..................................................       2050-0039
264.90..................................................       2050-0009
264.96..................................................       2050-0120
264.97 (g)..............................................       2050-0120
264.97 (h)..............................................       2050-0009
264.97 (j)..............................................       2050-0120
264.98 (c), (g)(1), (g)(5), (g)(6)......................       2050-0033
264.98 (g)(4), (h)......................................       2050-0009
264.99 (c), (g), (h)(1), (i)(1), (i)(2).................       2050-0033
264.99 (h)(2), (i)(3), (j)..............................       2050-0009
264.100 (e), (f), (g)...................................       2050-0033
264.100 (h).............................................       2050-0009
264.101.................................................       2050-0120
264.112 (a), (b), (c)...................................       2050-0009
264.112 (d).............................................       2050-0120
264.113 (a), (b), (d)...................................       2050-0120
264.113 (e).............................................       2050-0050
264.115.................................................       2050-0120
264.116.................................................       2050-0120
264.118.................................................       2050-0009
264.119 (a) & (b).......................................       2050-0120
264.119 (c).............................................       2050-0009
264.120.................................................       2050-0120
264.142 (a).............................................       2050-0009
264.142 (b), (c), (d)...................................       2050-0120
264.143.................................................       2050-0120
264.144 (a).............................................       2050-0009
264.144 (b), (c), (d)...................................       2050-0120
264.145.................................................       2050-0120
264.147 (a)(7), (b)(7), (f),(g).........................       2050-0120
264.147 (a)(1), (b)(1), (c), (f), (g), (h), (i), (j)....       2050-0009
264.148.................................................       2050-0120
264.149.................................................       2050-0009
264.150.................................................       2050-0009
264.190.................................................       2050-0050
264.191.................................................       2050-0050
264.192 (a).............................................       2050-0009
264.192 (g).............................................       2050-0050
264.193 (c), (d), (e), (g), (h).........................       2050-0009
264.193 (i).............................................       2050-0050
264.196.................................................       2050-0050
264.197 (b).............................................       2050-0050
264.197 (c).............................................       2050-0009
264.221.................................................       2050-0009
264.222 (a).............................................       2050-0009
264.222 (b).............................................       2050-0050
264.223 (a).............................................       2050-0009
264.223 (b), (c)........................................       2050-0050
264.226 (c).............................................     2050-0050 &
                                                               2050-0009
264.226 (d).............................................       2050-0050
264.227.................................................       2050-0050
264.231.................................................       2050-0009
264.251.................................................       2050-0009
264.252 (a).............................................       2050-0009
264.252 (b).............................................       2050-0050
264.253 (a).............................................       2050-0009
264.253 (b), (c)........................................       2050-0050
264.254.................................................       2050-0050
264.259.................................................       2050-0009
264.271.................................................       2050-0009
264.272.................................................       2050-0009
264.276.................................................     2050-0050 &
                                                               2050-0009
264.278 (a)-(f), (h)....................................       2050-0050
264.278 (g).............................................     2050-0050 &
                                                               2050-0009
264.280.................................................       2050-0050
264.283.................................................       2050-0009
264.301.................................................       2050-0009
264.302 (a).............................................       2050-0009
264.302 (b).............................................       2050-0050
264.303 (a).............................................       2050-0009
264.303 (b).............................................       2050-0050
264.304 (a).............................................       2050-0009
264.304 (b), (c)........................................       2050-0050
264.314.................................................       2050-0050
264.317.................................................       2050-0009
264.340.................................................       2050-0009
264.343.................................................       2050-0050
264.344.................................................       2050-0009
264.347.................................................       2050-0050
264.552.................................................       2050-0009
264.570.................................................       2050-0050
264.571.................................................       2050-0050
264.573.................................................       2050-0050
264.574.................................................       2050-0050
264.575.................................................       2050-0009
264.603.................................................       2050-0050
264.1033 (a)............................................       2050-0009
264.1033 (j)............................................       2050-0050
264.1034................................................       2050-0050
264.1035................................................       2050-0050
264.1036................................................       2050-0050
264.1061................................................       2050-0050
264.1062................................................       2050-0050
264.1063................................................       2050-0050
264.1064................................................     2050-0050 &
                                                               2050-0009

[[Page 1381]]

                                                                        
264.1065................................................       2050-0050
264.1089................................................       2060-0318
264.1090................................................       2060-0318
264.1100................................................       2050-0050
264.1101................................................       2050-0050
                                                                        
------------------------------------------------------------------------
  Interim Status Standards for Owners and Operators of Hazardous Waste  
               Treatment, Storage, and Disposal Facilities              
                                                                        
------------------------------------------------------------------------
265.11..................................................       2050-0028
265.12 (a)..............................................       2050-0120
265.13..................................................       2050-0120
265.15..................................................       2050-0120
265.16..................................................       2050-0120
265.19..................................................       2050-0120
265.37..................................................       2050-0120
265.51..................................................       2050-0120
265.52..................................................       2050-0120
265.53..................................................       2050-0120
265.54..................................................       2050-0120
265.56..................................................       2050-0120
265.71..................................................       2050-0039
265.72..................................................       2050-0039
265.73..................................................       2050-0120
265.75..................................................       2050-0024
265.76..................................................       2050-0039
265.90..................................................       2050-0033
265.92..................................................       2050-0033
265.93..................................................       2050-0033
265.94..................................................       2050-0033
265.112.................................................       2050-0120
265.113 (a), (b), (d)...................................       2050-0120
265.113 (e).............................................       2050-0050
265.115.................................................       2050-0120
265.116.................................................       2050-0120
265.118.................................................       2050-0120
265.119.................................................       2050-0120
265.120.................................................       2050-0120
265.142.................................................       2050-0120
265.143.................................................       2050-0120
265.144.................................................       2050-0120
265.145.................................................       2050-0120
265.147.................................................       2050-0120
265.148.................................................       2050-0120
265.149.................................................       2050-0120
265.150.................................................       2050-0120
265.190.................................................     2050-0035 &
                                                               2050-0050
265.191.................................................     2050-0035 &
                                                               2050-0050
265.192.................................................     2050-0035 &
                                                               2050-0050
265.193.................................................     2050-0035 &
                                                               2050-0050
265.195.................................................       2050-0120
265.196.................................................     2050-0035 &
                                                               2050-0050
265.197 (b).............................................       2050-0050
265.197 (c).............................................       2050-0120
265.221.................................................       2050-0050
265.222.................................................       2050-0050
265.223.................................................       2050-0050
265.225.................................................       2050-0050
265.226.................................................       2050-0050
265.229.................................................       2050-0050
265.254.................................................       2050-0050
265.255.................................................       2050-0050
265.259.................................................       2050-0050
265.260.................................................       2050-0050
265.273.................................................       2050-0120
265.276.................................................       2050-0050
265.278.................................................       2050-0050
265.280.................................................       2050-0050
265.301.................................................       2050-0050
265.302.................................................       2050-0050
265.303.................................................       2050-0050
265.304.................................................       2050-0050
265.314.................................................       2050-0050
265.340.................................................       2050-0050
265.352.................................................       2050-0050
265.383.................................................       2050-0050
265.404.................................................       2050-0050
265.440.................................................       2050-0050
265.441.................................................       2050-0050
265.443.................................................       2050-0050
265.444.................................................       2050-0050
265.445.................................................       2050-0120
265.1033................................................       2050-0050
265.1034................................................       2050-0050
265.1035................................................       2050-0050
265.1061................................................       2050-0050
265.1062................................................       2050-0050
265.1063................................................       2050-0050
265.1064................................................       2050-0050
265.1090................................................       2060-0318
265.1100................................................       2050-0050
265.1101................................................       2050-0050
                                                                        
------------------------------------------------------------------------
 Standards for the Management of Specific Hazardous Wastes and Specific 
             Types of Hazardous Waste Management Facilities             
                                                                        
------------------------------------------------------------------------
266.70 (b)..............................................       2050-0028
266.70 (c)..............................................       2050-0050
266.80..................................................       2050-0028
266.100.................................................       2050-0073
266.102.................................................       2050-0073
266.103.................................................       2050-0073
266.104.................................................       2050-0073
266.106.................................................       2050-0073
266.107.................................................       2050-0073
266.108.................................................       2050-0073
266.109.................................................       2050-0073
266.111.................................................       2050-0073
266.112.................................................       2050-0073
Appendix IX.............................................       2050-0073
                                                                        
------------------------------------------------------------------------
                       Land Disposal Restrictions                       
                                                                        
------------------------------------------------------------------------
268.4-268.5.............................................       2050-0085
268.6...................................................       2050-0062
268.7...................................................       2050-0085
268.9...................................................       2050-0085
268.42..................................................       2050-0085
268.44..................................................       2050-0085
                                                                        
------------------------------------------------------------------------
  EPA Administered Permit Programs: The Hazardous Waste Permit Program  
                                                                        
------------------------------------------------------------------------
270.1...................................................     2050-0028 &
                                                             2050-0034 &
                                                               2050-0009
270.10..................................................       2050-0009
270.11..................................................       2050-0034
270.13..................................................       2050-0034
270.14..................................................       2050-0009
270.14 (b)(21)..........................................     2050-0062 &
                                                               2050-0085
270.15..................................................       2050-0009
270.16..................................................       2050-0009
270.17..................................................       2050-0009
270.18..................................................       2050-0009

[[Page 1382]]

                                                                        
270.19..................................................       2050-0009
270.20..................................................       2050-0009
270.21..................................................       2050-0009
270.22..................................................       2050-0073
270.23..................................................       2050-0009
270.24..................................................       2050-0009
270.25..................................................       2050-0009
270.26..................................................       2050-0115
270.30..................................................       2050-0120
270.33..................................................       2050-0009
270.40..................................................       2050-0009
270.41..................................................       2050-0009
270.42..................................................       2050-0009
270.51..................................................       2050-0009
270.62..................................................     2050-0009 &
                                                               2050-0149
270.63..................................................       2050-0009
270.65..................................................       2050-0009
270.66..................................................     2050-0073 &
                                                               2050-0149
270.72..................................................       2050-0034
270.73..................................................       2050-0009
                                                                        
------------------------------------------------------------------------
    Requirements for Authorization of State Hazardous Waste Programs    
                                                                        
------------------------------------------------------------------------
271.5-271.8.............................................       2050-0041
271.20-271.21...........................................       2050-0041
271.23..................................................       2050-0041
                                                                        
------------------------------------------------------------------------
                Standards for Universal Waste Management                
                                                                        
------------------------------------------------------------------------
273.14..................................................       2050-0145
273.15..................................................       2050-0145
273.18..................................................       2050-0145
273.32..................................................       2050-0145
273.34..................................................       2050-0145
273.35..................................................       2050-0145
273.38..................................................       2050-0145
273.39..................................................       2050-0145
273.61..................................................       2050-0145
273.62..................................................       2050-0145
273.80..................................................       2050-0145
                                                                        
------------------------------------------------------------------------
                  Standards for Management of Used Oil                  
                                                                        
------------------------------------------------------------------------
279.10-279.11...........................................       2050-0124
279.42..................................................      2050-0028,
                                                               2050-0124
279.43-279.44...........................................       2050-0124
279.46..................................................       2050-0050
279.51..................................................       2050-0028
279.52-279.55...........................................       2050-0124
279.56..................................................       2050-0050
279.57..................................................      2050-0050,
                                                               2050-0124
279.62..................................................       2050-0028
279.63..................................................       2050-0124
279.65-279.66...........................................       2050-0050
279.72..................................................       2050-0050
279.73..................................................       2050-0028
279.74-279.75...........................................       2050-0050
279.82..................................................       2050-0124
                                                                        
------------------------------------------------------------------------
  Technical Standards and Corrective Action Requirements for Owners and 
             Operators of Underground Storage Tanks (USTs)              
                                                                        
------------------------------------------------------------------------
                                                                        
280.11(a)...............................................       2050-0068
280.20(a)-(b)...........................................       2050-0068
280.20(e)...............................................       2050-0068
280.22(a)-(f)...........................................       2050-0068
280.22(g)...............................................       2050-0068
280.31..................................................       2050-0068
280.33(f)...............................................       2050-0068
280.34(a)...............................................       2050-0068
280.34(b)...............................................       2050-0068
280.34(c)...............................................       2050-0068
280.40..................................................       2050-0068
280.43..................................................       2050-0068
280.44..................................................       2050-0068
280.45..................................................       2050-0068
280.50..................................................       2050-0068
280.53..................................................       2050-0068
280.61..................................................       2050-0068
280.62..................................................       2050-0068
280.63..................................................       2050-0068
280.64..................................................       2050-0068
280.65..................................................       2050-0068
280.66(a)...............................................       2050-0068
280.66(c)...............................................       2050-0068
280.66(d)...............................................       2050-0068
280.67..................................................       2050-0068
280.71(a)...............................................       2050-0068
280.72(a)...............................................       2050-0068
280.74..................................................       2050-0068
280.95..................................................       2050-0068
280.96..................................................       2050-0068
280.97..................................................       2050-0068
280.98..................................................       2050-0068
280.99..................................................       2050-0068
280.100.................................................       2050-0068
280.101.................................................       2050-0068
280.102.................................................       2050-0068
280.103.................................................       2050-0068
280.104.................................................       2050-0068
280.105.................................................       2050-0068
280.106.................................................       2050-0068
280.107.................................................       2050-0068
280.108.................................................       2050-0068
280.109(a)..............................................       2050-0068
280.109(b)..............................................       2050-0068
280.110.................................................       2050-0068
280.111.................................................       2050-0068
280.111(b)(11)..........................................       2050-0068
280.114(a)-(d)..........................................       2050-0068
280.114(e)..............................................       2050-0068
                                                                        
------------------------------------------------------------------------
           Approval of State Underground Storage Tank Programs          
                                                                        
------------------------------------------------------------------------
281.120(a)..............................................       2050-0068
281.120(g)..............................................       2050-0068
281.121.................................................       2050-0068
281.122.................................................       2050-0068
281.124.................................................       2050-0068
281.125.................................................       2050-0068
281.140.................................................       2050-0068
281.143(a)..............................................       2050-0068
281.150.................................................       2050-0068
281.152.................................................       2050-0068
281.161.................................................       2050-0068
                                                                        
------------------------------------------------------------------------
    National Oil and Hazardous Substances Pollution Contingency Plan    
                                                                        
------------------------------------------------------------------------
300.405.................................................       2050-0046
300.425.................................................       2050-0095
300.430.................................................       2050-0096
300.435.................................................       2050-0096
300.920.................................................       2050-0141
Part 300, Appendix A....................................       2050-0095
                                                                        
------------------------------------------------------------------------

[[Page 1383]]

                                                                        
          Designation, reportable quantities, and notification          
                                                                        
------------------------------------------------------------------------
302.4...................................................       2050-0046
302.6...................................................       2050-0046
302.8...................................................       2050-0086
                                                                        
------------------------------------------------------------------------
       Hazardous Substances Superfund; Response Claims Procedures       
                                                                        
------------------------------------------------------------------------
307.11-307.14...........................................       2050-0106
307.21-307.23...........................................       2050-0106
307.30-307.32...........................................       2050-0106
                                                                        
------------------------------------------------------------------------
 Reimbursement to Local Governments for Emergency Response to Hazardous 
                           Substance Releases                           
                                                                        
------------------------------------------------------------------------
310.05..................................................       2050-0077
310.10-310.12...........................................       2050-0077
310.20..................................................       2050-0077
310.30..................................................       2050-0077
310.40..................................................       2050-0077
310.50..................................................       2050-0077
310.60..................................................       2050-0077
310.70..................................................       2050-0077
310.80..................................................       2050-0077
310.90..................................................       2050-0077
Part 310, Appendix II...................................       2050-0077
                                                                        
------------------------------------------------------------------------
Worker Protection Standards for Hazardous Waste Operations and Emergency
                                Response                                
                                                                        
------------------------------------------------------------------------
311.1-311.2.............................................       2050-0105
                                                                        
------------------------------------------------------------------------
Trade Secrecy Claims for Emergency Planning and Community Right-to-Know;
                          Health Professionals                          
                                                                        
------------------------------------------------------------------------
350.5-350.16............................................       2050-0078
350.27..................................................       2050-0078
350.40..................................................       2050-0078
                                                                        
------------------------------------------------------------------------
                   Emergency planning and notification                  
                                                                        
------------------------------------------------------------------------
Part 355, Appendix A, Appendix B........................       2050-0046
                                                                        
------------------------------------------------------------------------
        Toxic Chemical Release Reporting: Community Right-to-Know       
                                                                        
------------------------------------------------------------------------
part 372................................................       2070-0093
part 372, subpart A.....................................     2070-0093 &
                                                               2070-0143
372.22..................................................     2070-0093 &
                                                               2070-0143
372.25..................................................       2070-0093
372.27..................................................       2070-0143
372.30..................................................     2070-0093 &
                                                               2070-0143
372.38..................................................     2070-0093 &
                                                               2070-0143
part 372, subpart C.....................................     2070-0093 &
                                                               2070-0143
part 372, subpart D.....................................     2070-0093 &
                                                               2070-0143
372.85..................................................       2070-0093
372.95..................................................       2070-0143
                                                                        
------------------------------------------------------------------------
    General Pretreatment Regulations for Existing and New Sources of    
                                Pollution                               
                                                                        
------------------------------------------------------------------------
403.5(b)................................................       2040-0009
403.6-403.7.............................................       2040-0009
403.8(a)-(e)............................................       2040-0009
403.8(f)................................................       2040-0009
403.9-403.10............................................       2040-0009
403.12(b)-(g)...........................................       2040-0009
403.12 (h), (i).........................................       2040-0009
403.12 (j), (k), (l), (o)...............................       2040-0009
403.12 (m), (p).........................................       2040-0009
403.13..................................................       2040-0009
403.15..................................................       2040-0009
403.17-403.18...........................................      2040-0009,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
            Steam Electric Generating Point Source Category             
                                                                        
------------------------------------------------------------------------
423.12-423.13...........................................       2040-0033
423.15..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
           Pulp, Paper, and Paperboard Point Source Category            
                                                                        
------------------------------------------------------------------------
430.14-430.17...........................................       2040-0033
430.24-430.27...........................................       2040-0033
430.54-430.57...........................................       2040-0033
430.64-430.67...........................................       2040-0033
430.74-430.77...........................................       2040-0033
430.84-430.87...........................................       2040-0033
430.94-430.97...........................................       2040-0033
430.104-430.107.........................................       2040-0033
430.114-430.117.........................................       2040-0033
430.134-430.137.........................................       2040-0033
430.144-430.147.........................................       2040-0033
430.154-430.157.........................................       2040-0033
430.164-430.167.........................................       2040-0033
430.174-430.177.........................................       2040-0033
430.184-430.187.........................................       2040-0033
430.194-430.197.........................................       2040-0033
430.204-430.207.........................................       2040-0033
430.214-430.217.........................................       2040-0033
430.224-430.227.........................................       2040-0033
430.234-430.237.........................................       2040-0033
430.244-430.247.........................................       2040-0033
430.254-430.257.........................................       2040-0033
430.264-430.267.........................................       2040-0033
                                                                        
------------------------------------------------------------------------
        The Builders' Paper and Board Mills Point Source Category       
                                                                        
------------------------------------------------------------------------
431.14-431.17...........................................       2040-0033
                                                                        
------------------------------------------------------------------------
            Pharmaceutical Manufacturing Point Source Category          
                                                                        
------------------------------------------------------------------------
439.14-439.17...........................................       2040-0033
439.24-439.27...........................................       2040-0033
439.34-439.37...........................................       2040-0033
439.44-439.47...........................................       2040-0033
                                                                        
------------------------------------------------------------------------
                   Coil Coating Point Source Category                   
                                                                        
------------------------------------------------------------------------
465.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
               Porcelain Enameling Point Source Category                
                                                                        
------------------------------------------------------------------------
466.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------

[[Page 1384]]

                                                                        
                 Aluminum Forming Point Source Category                 
                                                                        
------------------------------------------------------------------------
467.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
              State Sludge Management Program Requirements              
                                                                        
------------------------------------------------------------------------
501.15(a)...............................................      2040-0086,
                                                               2040-0110
501.15(b)...............................................      2040-0004,
                                                              2040-0068,
                                                               2040-0110
501.15(c)...............................................       2040-0068
501.16..................................................       2040-0057
501.21..................................................       2040-0057
                                                                        
------------------------------------------------------------------------
           Standards for the Use or Disposal of Sewage Sludge           
                                                                        
------------------------------------------------------------------------
503.17-503.18...........................................       2040-0157
503.27-503.28...........................................       2040-0157
503.47-503.48...........................................       2040-0157
                                                                        
------------------------------------------------------------------------
                     Fuel Economy of Motor Vehicles                     
                                                                        
------------------------------------------------------------------------
600.006-86..............................................       2060-0104
600.007-80..............................................       2060-0104
600.010-86..............................................       2060-0104
600.113-88..............................................       2060-0104
600.113-93..............................................       2060-0104
600.206-86..............................................       2060-0104
600.207-86..............................................       2060-0104
600.209-85..............................................       2060-0104
600.306-86..............................................       2060-0104
600.307-86..............................................       2060-0104
600.311-86..............................................       2060-0104
600.312-86..............................................       2060-0104
600.313-86..............................................       2060-0104
600.314-86..............................................       2060-0104
600.507-86..............................................       2060-0104
600.509-86..............................................       2060-0104
600.510-86..............................................       2060-0104
600.512-86..............................................       2060-0104
                                                                        
------------------------------------------------------------------------
                  Toxic Substances Control Act: General                 
                                                                        
------------------------------------------------------------------------
700.45..................................................     2070-0012 &
                                                               2070-0038
                                                                        
------------------------------------------------------------------------
                Reporting and Recordkeeping Requirements                
                                                                        
------------------------------------------------------------------------
704.5...................................................     2010-0019 &
                                                               2070-0067
704.11..................................................     2010-0019 &
                                                               2070-0067
704.25..................................................       2070-0067
704.33..................................................       2070-0067
704.43..................................................       2070-0067
704.45..................................................       2070-0067
704.95..................................................       2070-0067
704.102.................................................       2070-0067
704.104.................................................       2070-0067
704.175.................................................       2070-0067
                                                                        
------------------------------------------------------------------------
                      Chemical Imports and Exports                      
                                                                        
------------------------------------------------------------------------
707.65..................................................       2070-0030
707.67..................................................       2070-0030
707.72..................................................       2070-0030
                                                                        
------------------------------------------------------------------------
                     Inventory Reporting Regulations                    
                                                                        
------------------------------------------------------------------------
part 710................................................       2070-0070
                                                                        
------------------------------------------------------------------------
                       Chemical Information Rules                       
                                                                        
------------------------------------------------------------------------
712.5...................................................       2070-0054
712.7...................................................       2070-0054
712.20..................................................       2070-0054
712.28..................................................       2070-0054
712.30..................................................       2070-0054
                                                                        
------------------------------------------------------------------------
                    Health and Safety Data Reporting                    
                                                                        
------------------------------------------------------------------------
716.5...................................................       2070-0004
716.10..................................................       2070-0004
716.20..................................................       2070-0004
716.25..................................................       2070-0004
716.30..................................................       2070-0004
716.35..................................................       2070-0004
716.40..................................................       2070-0004
716.45..................................................       2070-0004
716.50..................................................       2070-0004
716.60..................................................       2070-0004
716.65..................................................       2070-0004
716.105.................................................       2070-0004
716.120.................................................       2070-0004
                                                                        
------------------------------------------------------------------------
    Records and Reports of Allegations that Chemical Substances Cause   
       Significant Adverse Reactions to Health or the Environment       
                                                                        
------------------------------------------------------------------------
717.5...................................................       2070-0017
717.7...................................................       2070-0017
717.12..................................................       2070-0017
717.15..................................................       2070-0017
717.17..................................................       2070-0017
                                                                        
------------------------------------------------------------------------
                       Premanufacture Notification                      
                                                                        
------------------------------------------------------------------------
720.1...................................................       2070-0012
720.22..................................................       2070-0012
720.25..................................................       2070-0012
720.30..................................................       2070-0012
720.36..................................................       2070-0012
720.38..................................................       2070-0012
part 720, subpart C.....................................       2070-0012
720.62..................................................       2070-0012
720.75..................................................       2070-0012
720.78..................................................       2070-0012
720.80..................................................       2070-0012
720.85..................................................       2070-0012
720.87..................................................       2070-0012
720.90..................................................       2070-0012
720.102.................................................       2070-0012
part 720, Appendix A....................................       2070-0012
                                                                        
------------------------------------------------------------------------
               Significant New Uses of Chemical Substances              
                                                                        
------------------------------------------------------------------------
part 721, subpart A.....................................     2070-0012 &
                                                               2070-0038
721.72..................................................     2070-0012 &
                                                               2070-0038
721.125.................................................     2070-0012 &
                                                               2070-0038
721.160.................................................     2070-0012 &
                                                               2070-0038
721.170.................................................     2070-0012 &
                                                               2070-0038

[[Page 1385]]

                                                                        
721.185.................................................     2070-0012 &
                                                               2070-0038
721.225.................................................       2070-0012
721.275.................................................       2070-0012
721.285.................................................       2070-0012
721.320.................................................       2070-0012
721.323.................................................       2070-0012
721.325.................................................       2070-0012
721.370.................................................       2070-0012
721.390.................................................       2070-0012
721.400.................................................       2070-0012
721.415.................................................       2070-0012
721.430.................................................       2070-0012
721.445.................................................       2070-0012
721.460.................................................       2070-0012
721.470.................................................       2070-0012
721.490.................................................       2070-0012
721.505.................................................       2070-0012
721.520.................................................       2070-0012
721.530.................................................       2070-0012
721.536.................................................       2070-0012
721.540.................................................       2070-0012
721.550.................................................       2070-0012
721.562.................................................       2070-0012
721.575.................................................       2070-0012
721.600.................................................       2070-0012
721.625.................................................       2070-0012
721.639.................................................       2070-0012
721.642.................................................       2070-0012
721.650.................................................       2070-0038
721.700.................................................       2070-0012
721.715.................................................       2070-0012
721.750.................................................       2070-0012
721.757.................................................       2070-0012
721.775.................................................       2070-0012
721.805.................................................       2070-0012
721.825.................................................       2070-0012
721.840.................................................       2070-0012
721.875.................................................       2070-0012
721.925.................................................       2070-0012
721.950.................................................       2070-0012
721.982.................................................       2070-0012
721.1000................................................       2070-0012
721.1025................................................       2070-0038
721.1050................................................       2070-0012
721.1068................................................       2070-0012
721.1075................................................       2070-0012
721.1120................................................       2070-0012
721.1150................................................       2070-0012
721.1175................................................       2070-0012
721.1187................................................       2070-0012
721.1193................................................       2070-0012
721.1210................................................       2070-0012
721.1225................................................       2070-0012
721.1240................................................       2070-0012
721.1300................................................       2070-0012
721.1325................................................       2070-0012
721.1350................................................       2070-0012
721.1372................................................       2070-0012
721.1375................................................       2070-0012
721.1425................................................       2070-0038
721.1430................................................       2070-0038
721.1435................................................       2070-0038
721.1440................................................       2070-0038
721.1450................................................       2070-0012
721.1500................................................       2070-0012
721.1525................................................       2070-0012
721.1550................................................       2070-0012
721.1555................................................       2070-0012
721.1568................................................       2070-0012
721.1575................................................       2070-0012
721.1612................................................       2070-0012
721.1625................................................       2070-0012
721.1630................................................       2070-0012
721.1637................................................       2070-0012
721.1640................................................       2070-0012
721.1643................................................       2070-0012
721.1645................................................       2070-0012
721.1650................................................       2070-0012
721.1675................................................       2070-0012
721.1700................................................       2070-0012
721.1725................................................       2070-0012
721.1728................................................       2070-0012
721.1732................................................       2070-0012
721.1735................................................       2070-0012
721.1740................................................       2070-0012
721.1745................................................       2070-0012
721.1750................................................       2070-0012
721.1755................................................       2070-0012
721.1765................................................       2070-0012
721.1769................................................       2070-0012
721.1775................................................       2070-0012
721.1790................................................       2070-0038
721.1800................................................       2070-0012
721.1820................................................       2070-0012
721.1825................................................       2070-0012
721.1850................................................       2070-0012
721.1875................................................       2070-0012
721.1900................................................       2070-0012
721.1907................................................       2070-0012
721.1920................................................       2070-0012
721.1925................................................       2070-0012
721.1950................................................       2070-0012
721.2025................................................       2070-0012
721.2050................................................       2070-0012
721.2075................................................       2070-0012
721.2084................................................       2070-0038
721.2085................................................       2070-0012
721.2086................................................       2070-0012
721.2088................................................       2070-0012
721.2089................................................       2070-0012
721.2092................................................       2070-0038
721.2120................................................       2070-0012
721.2140................................................       2070-0012
721.2170................................................       2070-0012
721.2175................................................       2070-0012
721.2250................................................       2070-0012
721.2260................................................       2070-0012
721.2270................................................       2070-0012
721.2275................................................       2070-0012
721.2287................................................       2070-0038
721.2340................................................       2070-0012
721.2355................................................       2070-0038
721.2380................................................       2070-0012
721.2410................................................       2070-0012
721.2420................................................       2070-0012
721.2475................................................       2070-0012
721.2520................................................       2070-0012
721.2540................................................       2070-0012
721.2560................................................       2070-0012
721.2565................................................       2070-0012
721.2575................................................       2070-0012
721.2600................................................       2070-0038
721.2625................................................       2070-0012
721.2650................................................       2070-0012
721.2675................................................       2070-0012
721.2725................................................       2070-0038
721.2750................................................       2070-0012
721.2800................................................       2070-0038
721.2815................................................       2070-0012
721.2825................................................       2070-0012
721.2840................................................       2070-0012
721.2860................................................       2070-0012
721.2880................................................       2070-0012
721.2900................................................       2070-0012
721.2920................................................       2070-0012

[[Page 1386]]

                                                                        
721.2930................................................       2070-0012
721.2940................................................       2070-0012
721.2950................................................       2070-0012
721.2980................................................       2070-0012
721.3000................................................       2070-0012
721.3020................................................       2070-0012
721.3028................................................       2070-0012
721.3034................................................       2070-0012
721.3040................................................       2070-0012
721.3060................................................       2070-0012
721.3080................................................       2070-0012
721.3100................................................       2070-0012
721.3120................................................       2070-0012
721.3140................................................       2070-0012
721.3152................................................       2070-0012
721.3160................................................       2070-0038
721.3180................................................       2070-0012
721.3200................................................       2070-0012
721.3220................................................       2070-0038
721.3248................................................       2070-0012
721.3260................................................       2070-0012
721.3320................................................       2070-0012
721.3340................................................       2070-0012
721.3350................................................       2070-0038
721.3360................................................       2070-0012
721.3364................................................       2070-0012
721.3374................................................       2070-0012
721.3380................................................       2070-0012
721.3390................................................       2070-0012
721.3420................................................       2070-0012
721.3430................................................       2070-0038
721.3435................................................       2070-0012
721.3437................................................       2070-0012
721.3440................................................       2070-0012
721.3460................................................       2070-0012
721.3480................................................       2070-0012
721.3486................................................       2070-0012
721.3500................................................       2070-0012
721.3520................................................       2070-0012
721.3560................................................       2070-0012
721.3620................................................       2070-0012
721.3625................................................       2070-0012
721.3627................................................       2070-0012
721.3629................................................       2070-0012
721.3640................................................       2070-0012
721.3680................................................       2070-0012
721.3700................................................       2070-0012
721.3720................................................       2070-0012
721.3740................................................       2070-0012
721.3760................................................       2070-0012
721.3764................................................       2070-0012
721.3780................................................       2070-0012
721.3790................................................       2070-0012
721.3800................................................       2070-0012
721.3815................................................       2070-0012
721.3840................................................       2070-0012
721.3860................................................       2070-0012
721.3870................................................       2070-0012
721.3880................................................       2070-0012
721.3900................................................       2070-0012
721.4000................................................       2070-0012
721.4020................................................       2070-0012
721.4040................................................       2070-0012
721.4060................................................       2070-0012
721.4080................................................       2070-0038
721.4100................................................       2070-0012
721.4110................................................       2070-0012
721.4128................................................       2070-0012
721.4133................................................       2070-0012
721.4140................................................       2070-0038
721.4155................................................       2070-0038
721.4160................................................       2070-0038
721.4180................................................       2070-0038
721.4200................................................       2070-0012
721.4215................................................       2070-0012
721.4220................................................       2070-0012
721.4240................................................       2070-0012
721.4250................................................       2070-0012
721.4255................................................       2070-0012
721.4260................................................       2070-0012
721.4270................................................       2070-0012
721.4280................................................       2070-0012
721.4300................................................       2070-0012
721.4320................................................       2070-0012
721.4340................................................       2070-0012
721.4360................................................       2070-0038
721.4380................................................       2070-0012
721.4390................................................       2070-0012
721.4400................................................       2070-0012
721.4420................................................       2070-0012
721.4460................................................       2070-0012
721.4463................................................       2070-0012
721.4466................................................       2070-0012
721.4470................................................       2070-0012
721.4473................................................       2070-0012
721.4480................................................       2070-0012
721.4490................................................       2070-0012
721.4500................................................       2070-0012
721.4520................................................       2070-0012
721.4550................................................       2070-0012
721.4568................................................       2070-0012
721.4585................................................       2070-0012
721.4590................................................       2070-0012
721.4594................................................       2070-0012
721.4600................................................       2070-0012
721.4620................................................       2070-0012
721.4640................................................       2070-0012
721.4660................................................       2070-0012
721.4680................................................       2070-0012
721.4700................................................       2070-0012
721.4720................................................       2070-0012
721.4740................................................       2070-0038
721.4780................................................       2070-0012
721.4790................................................       2070-0012
721.4794................................................       2070-0012
721.4800................................................       2070-0012
721.4820................................................       2070-0012
721.4840................................................       2070-0012
721.4880................................................       2070-0012
721.4925................................................       2070-0038
721.5050................................................       2070-0012
721.5075................................................       2070-0012
721.5175................................................       2070-0038
721.5192................................................       2070-0012
721.5200................................................       2070-0012
721.5225................................................       2070-0012
721.5250................................................       2070-0012
721.5275................................................       2070-0012
721.5278................................................       2070-0012
721.5282................................................       2070-0012
721.5285................................................       2070-0012
721.5300................................................       2070-0012
721.5310................................................       2070-0012
721.5325................................................       2070-0012
721.5330................................................       2070-0012
721.5350................................................       2070-0012
721.5375................................................       2070-0012
721.5385................................................       2070-0012
721.5400................................................       2070-0012
721.5425................................................       2070-0012
721.5450................................................       2070-0012
721.5475................................................       2070-0012
721.5500................................................       2070-0012
721.5525................................................       2070-0012
721.5540................................................       2070-0012
721.5550................................................       2070-0012

[[Page 1387]]

                                                                        
721.5575................................................       2070-0012
721.5600................................................       2070-0038
721.5700................................................       2070-0012
721.5705................................................       2070-0012
721.5710................................................       2070-0038
721.5740................................................       2070-0012
721.5760................................................       2070-0012
721.5763................................................       2070-0012
721.5769................................................       2070-0012
721.5780................................................       2070-0012
721.5800................................................       2070-0012
721.5820................................................       2070-0012
721.5840................................................       2070-0012
721.5860................................................       2070-0012
721.5867................................................       2070-0012
721.5880................................................       2070-0012
721.5900................................................       2070-0012
721.5910................................................       2070-0012
721.5915................................................       2070-0012
721.5920................................................       2070-0012
721.5960................................................       2070-0012
721.5970................................................       2070-0012
721.5980................................................       2070-0012
721.5990................................................       2070-0012
721.6000................................................       2070-0038
721.6020................................................       2070-0012
721.6060................................................       2070-0012
721.6070................................................       2070-0012
721.6080................................................       2070-0012
721.6085................................................       2070-0012
721.6090................................................       2070-0012
721.6100................................................       2070-0012
721.6110................................................       2070-0012
721.6120................................................       2070-0012
721.6140................................................       2070-0012
721.6160................................................       2070-0012
721.6180................................................       2070-0012
721.6186................................................       2070-0012
721.6200................................................       2070-0012
721.6220................................................       2070-0012
721.6440................................................       2070-0012
721.6470................................................       2070-0012
721.6500................................................       2070-0012
721.6520................................................       2070-0012
721.6540................................................       2070-0012
721.6560................................................       2070-0012
721.6580................................................       2070-0012
721.6600................................................       2070-0012
721.6620................................................       2070-0012
721.6625................................................       2070-0012
721.6640................................................       2070-0012
721.6660................................................       2070-0012
721.6680................................................       2070-0012
721.6700................................................       2070-0012
721.6720................................................       2070-0012
721.6740................................................       2070-0012
721.6760................................................       2070-0012
721.6780................................................       2070-0012
721.6820................................................       2070-0012
721.6840................................................       2070-0012
721.6880................................................       2070-0012
721.6900................................................       2070-0012
721.6920................................................       2070-0012
721.6940................................................       2070-0012
721.6960................................................       2070-0012
721.6980................................................       2070-0012
721.7000................................................       2070-0012
721.7020................................................       2070-0012
721.7040................................................       2070-0012
721.7046................................................       2070-0012
721.7080................................................       2070-0012
721.7100................................................       2070-0012
721.7140................................................       2070-0012
721.7160................................................       2070-0012
721.7180................................................       2070-0012
721.7200................................................       2070-0012
721.7210................................................       2070-0012
721.7220................................................       2070-0012
721.7240................................................       2070-0012
721.7260................................................       2070-0012
721.7280................................................       2070-0012
721.7300................................................       2070-0012
721.7320................................................       2070-0012
721.7340................................................       2070-0012
721.7360................................................       2070-0012
721.7370................................................       2070-0012
721.7400................................................       2070-0012
721.7420................................................       2070-0012
721.7440................................................       2070-0012
721.7450................................................       2070-0012
721.7460................................................       2070-0012
721.7480................................................       2070-0012
721.7500................................................       2070-0012
721.7540................................................       2070-0012
721.7560................................................       2070-0012
721.7580................................................       2070-0012
721.7600................................................       2070-0012
721.7620................................................       2070-0012
721.7655................................................       2070-0012
721.7660................................................       2070-0012
721.7680................................................       2070-0012
721.7780................................................       2070-0012
721.7710................................................       2070-0012
721.7720................................................       2070-0012
721.7700................................................       2070-0012
721.7740................................................       2070-0012
721.7760................................................       2070-0012
721.7770................................................       2070-0012
721.8075................................................       2070-0012
721.8082................................................       2070-0012
721.8090................................................       2070-0012
721.8100................................................       2070-0012
721.8155................................................       2070-0012
721.8160................................................       2070-0012
721.8170................................................       2070-0012
721.8175................................................       2070-0012
721.8225................................................       2070-0012
721.8250................................................       2070-0012
721.8265................................................       2070-0012
721.8275................................................       2070-0012
721.8290................................................       2070-0012
721.8300................................................       2070-0012
721.8325................................................       2070-0012
721.8335................................................       2070-0012
721.8350................................................       2070-0012
721.8375................................................       2070-0012
721.8400................................................       2070-0012
721.8425................................................       2070-0012
721.8450................................................       2070-0012
721.8475................................................       2070-0012
721.8500................................................       2070-0012
721.8525................................................       2070-0012
721.8550................................................       2070-0012
721.8575................................................       2070-0012
721.8600................................................       2070-0012
721.8650................................................       2070-0012
721.8654................................................       2070-0012
721.8670................................................       2070-0012
721.8675................................................       2070-0012
721.8700................................................       2070-0012
721.8750................................................       2070-0012
721.8775................................................       2070-0012
721.8825................................................       2070-0012
721.8850................................................       2070-0012
721.8875................................................       2070-0012
721.8900................................................       2070-0012

[[Page 1388]]

                                                                        
721.8965................................................       2070-0012
721.9000................................................       2070-0038
721.9075................................................       2070-0012
721.9100................................................       2070-0012
721.9220................................................       2070-0012
721.9240................................................       2070-0012
721.9260................................................       2070-0012
721.9280................................................       2070-0012
721.9300................................................       2070-0012
721.9320................................................       2070-0012
721.9360................................................       2070-0012
721.9400................................................       2070-0012
721.9420................................................       2070-0012
721.9460................................................       2070-0012
721.9470................................................       2070-0038
721.9480................................................       2070-0012
721.9500................................................       2070-0012
721.9505................................................       2070-0012
721.9510................................................       2070-0012
721.9520................................................       2070-0012
721.9525................................................       2070-0012
721.9526................................................       2070-0012
721.9527................................................       2070-0012
721.9530................................................       2070-0012
721.9540................................................       2070-0012
721.9550................................................       2070-0012
721.9570................................................       2070-0012
721.9580................................................       2070-0038
721.9620................................................       2070-0012
721.9630................................................       2070-0012
721.9650................................................       2070-0012
721.9656................................................       2070-0012
721.9658................................................       2070-0012
721.9660................................................       2070-0038
721.9665................................................       2070-0012
721.9675................................................       2070-0012
721.9700................................................       2070-0012
721.9720................................................       2070-0012
721.9730................................................       2070-0012
721.9740................................................       2070-0012
721.9750................................................       2070-0012
721.9780................................................       2070-0012
721.9800................................................       2070-0012
721.9820................................................       2070-0012
721.9850................................................       2070-0012
721.9870................................................       2070-0012
721.9892................................................       2070-0012
721.9900................................................       2070-0012
721.9920................................................       2070-0012
721.9925................................................       2070-0012
721.9930................................................       2070-0038
721.9940................................................       2070-0012
721.9957................................................       2070-0038
721.9975................................................       2070-0012
                                                                        
------------------------------------------------------------------------
                 Premanufacture Notification Exemptions                 
                                                                        
------------------------------------------------------------------------
723.50..................................................       2070-0012
723.175.................................................       2070-0012
723.250(m)(1)...........................................       2070-0012
                                                                        
------------------------------------------------------------------------
Lead-Based Paint Poisioning Prevention in Certain Residential Structures
                                                                        
------------------------------------------------------------------------
part 745, subpart F.....................................       2070-0151
                                                                        
------------------------------------------------------------------------
                        Water Treatment Chemicals                       
                                                                        
------------------------------------------------------------------------
part 749, subpart D.....................................       2060-0193
749.68..................................................       2060-0193
                                                                        
------------------------------------------------------------------------
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution
                    in Commerce, and Use Prohibitions                   
                                                                        
------------------------------------------------------------------------
761.20..................................................     2070-0008 &
                                                               2070-0021
761.30..................................................      2070-0003,
                                                             2070-0008 &
                                                               2070-0021
761.60..................................................       2070-0011
761.65..................................................       2070-0112
761.70..................................................       2070-0011
761.75..................................................       2070-0011
761.80..................................................       2070-0021
761.93(a)(1)(iii).......................................       2070-0149
761.93(b)...............................................       2070-0149
761.125.................................................       2070-0112
761.180.................................................       2070-0112
761.185.................................................       2070-0008
761.187.................................................       2070-0008
761.193.................................................       2070-0008
761.202.................................................       2070-0112
761.205.................................................       2070-0112
761.207.................................................       2070-0112
761.207(a)..............................................       2050-0039
761.208.................................................       2070-0112
761.209.................................................       2070-0112
761.210.................................................       2070-0112
761.211.................................................       2070-0112
761.215.................................................       2070-0112
761.218.................................................       2070-0112
                                                                        
------------------------------------------------------------------------
                                Asbestos                                
                                                                        
------------------------------------------------------------------------
part 763, subpart E.....................................       2070-0091
part 763, subpart G.....................................       2070-0072
part 763, subpart I.....................................       2070-0082
                                                                        
------------------------------------------------------------------------
                    Dibenzo-para-dioxin/Dibenzofurans                   
                                                                        
------------------------------------------------------------------------
766.35(b)(1)............................................       2070-0054
766.35(b)(2)............................................       2070-0054
766.35(b)(3)............................................       2070-0017
766.35(b)(4)(iii).......................................       2070-0054
766.35(c)(1)(i).........................................       2070-0054
766.35(c)(1)(ii)........................................       2070-0054
766.35(c)(1)(iii).......................................       2070-0017
766.35(d) Form..........................................       2070-0017
766.38..................................................       2070-0054
                                                                        
------------------------------------------------------------------------
     Procedures Governing Testing Consent Agreements and Test Rules     
                                                                        
------------------------------------------------------------------------
790.5...................................................       2070-0033
790.42..................................................       2070-0033
790.45..................................................       2070-0033
790.50..................................................       2070-0033
790.55..................................................       2070-0033
790.60..................................................       2070-0033
790.62..................................................       2070-0033
790.68..................................................       2070-0033
790.80..................................................       2070-0033
790.82..................................................       2070-0033
790.85..................................................       2070-0033
790.99..................................................       2070-0033
                                                                        
------------------------------------------------------------------------
                   Good Laboratory Practice Standards                   
                                                                        
------------------------------------------------------------------------
part 792................................................      2010-0019,

[[Page 1389]]

                                                                        
                                                              2070-0004,
                                                              2070-0017,
                                                              2070-0033,
                                                             2070-0054 &
                                                               2070-0067
                                                                        
------------------------------------------------------------------------
                       Provisional Test Guidelines                      
                                                                        
------------------------------------------------------------------------
795.45..................................................       2070-0067
795.232.................................................       2070-0033
                                                                        
------------------------------------------------------------------------
    Identification of Specific Chemical Substance and Mixture Testing   
                              Requirements                              
                                                                        
------------------------------------------------------------------------
799.1053................................................       2070-0033
799.1250................................................       2070-0033
799.1560................................................       2070-0033
799.1575................................................       2070-0033
799.1645................................................       2070-0033
799.1700................................................       2070-0033
799.2155................................................       2070-0033
799.2325................................................       2070-0033
799.2475................................................       2070-0033
799.2500................................................       2070-0033
799.2700................................................       2070-0033
799.3300................................................       2070-0033
799.4360................................................       2070-0033
799.4440................................................       2070-0033
799.5000................................................       2070-0033
799.5025................................................       2070-0033
799.5050................................................       2070-0033
799.5055................................................       2070-0033
799.5075................................................       2070-0033
------------------------------------------------------------------------
\1\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 60, subpart A, 
  which are not independent information collection requirements.        
\2\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 61, subpart A, 
  which are not independent information collection requirements.        
\3\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 63, subpart A, 
  which are not independent information collection requirements.        


[58 FR 27472, May 10, 1993]

    Editorial Note: For Federal Register citations affecting Sec. 9.1 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.

    Effective Date Notes: 1. At 61 FR 16309, Apr. 12, 1996, in Sec. 9.1 
table, the heading ``Public Information'' and its entry for part 2, 
subpart B were added, effective July 11, 1996.

    2. At 61 FR 33206, June 26, 1996, in Sec. 9.1 table, the entry for 
170.112 was removed and the entry for part 170 was added, effective Aug. 
26, 1996.

    3. At 61 FR 34228, July 1, 1996, in Sec. 9.1 table, entries 71.5, 
71.6(a),(c),(d),(g), 71.7, and 71.9(e)-(j) were added, effective July 
31, 1996.

[[Page 1391]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 1986, see the ``List of CFR Sections Affected, 1964-
1972, 1964-1972, and 1973-1985,'' published in seven separate volumes.

                                  1986

40 CFR
                                                                   51 FR
                                                                    Page
Chapter I
61  Authority delegations     notices..............................3172,
3173, 8673, 9190, 11021, 12144, 15886, 20648 27036, 27037, 27407, 32642, 
33041-33046, 44984, 46856
61.01  (b) amended.....................................7715, 7719, 11022
61.04  (b)(T) revised...............................................1511
    (b)(RR) amended.................................................4344
    (b)(MM) introductory text and (viii) revised...................23420
    (b)(Q) and (AA) revised........................................37911
61.18  (a)(4) revised; introductory paragraph (b) and (1) added....34914
61.61  (j), (l), (o), and (p) revised; (v) through (z) added.......34908
61.62  Revised.....................................................34909
61.63  Revised.....................................................34909
61.64  Introductory text, (a) through (d), (e) introductory text 
        and (3), and (f) revised...................................34909
61.65  Introductory text, (a), and (b)(1)(ii), (2) through (8), 
        and (9)(ii), and (c) revised...............................34910
61.66  Revised.....................................................34912
61.67  (f), (g)(1)(i), (2), (3) introductory text, (i), and (iii), 
        and (5) introductory text and (ii) revised; (g)(6) and (h) 
        added......................................................34912
61.68  (d), (e), and (f) added.....................................34913
61.70  Heading, (a), (c)(1), (2) introductory text, (iii), (iv), 
        (v), and (vi) introductory text, and (3) revised; (c)(4) 
        added......................................................34913
61.71  (a) introductory text revised...............................34914
61.152  Introductory text      corrected............................8199
61.154  (a) introductory text corrected.............................8199
61.160--61.165 (Subpart N)      Added..............................28025
61.161  Corrected..................................................35355
61.164  (b)(1) and (d)(4) corrected................................35355
61.170--61.177 (Subpart O)      Added..............................28029
61.180--61.186 (Subpart P)      Added..............................28033
61.181  Corrected..................................................35355
61.241  Amended....................................................34915
61.242-11  (d) revised..............................................2702
61.250--61.252 (Subpart W)      Added..............................34066
61  Appendix B amended......................................28035, 28040
    Appendix B corrected...........................................35355
62  Construction plan change........................................8674
62.866  Added......................................................40803
62.4175  Undesignated center     heading and section added.........37275

[[Page 1392]]

62.5351  Undesignated center     heading and section added.........40801
    Technical correction....................................43120, 44408
62.6350-62.6354 (Subpart AA)  Revised...............................8828
62.8350  (b)(4) added..............................................41788
65  Administrative order.....................................7790, 29216
65.271  Table amended..............................................33266
65.400  Table amended...............................................6737
65.431  Table amended...............................................9957
    Table amended.................................................25695,
26892, 28225, 30064, 33267, 36692
65.481  Table amended..............................................24657

                                  1987

40 CFR
                                                                   52 FR
                                                                    Page
Chapter I
61  Authority delegation notices..............................8586-8589,
9164, 18357, 23178, 28255, 30920, 35084, 35085, 35087, 35088, 35090-
35092, 36417, 36418
61.01  (b) amended.................................................37617
61.04  (b)(R) added................................................18358
    (b)(WW)(viii) added............................................43197
61.53  (a)(4), (b)(4), (c)(4) and (d)(5) revised....................8726
61.54  (f) revised..................................................8727
61.55  Revised......................................................8727
61.56  Added........................................................8728
61.123  OMB number.................................................28141
61.124  OMB number.................................................28141
61.125  OMB number.................................................28141
61.126  OMB number.................................................28141
61  Appendix B amended.............................................20398
65  Administrative order...........................................41711
62.9100  Undesignated center      heading and section redesignated 
        as 62.9120; new 62.9100 and undesignated center heading 
        added.......................................................3229
62.9110  Undesignated center      heading and section redesignated 
        as 62.9130..................................................3229
    Undesignated center heading and section added...................3230
62.9120  Undesignated center      heading and section redesignated 
        from 62.9100................................................3229
62.9130  Undesignated center      heading and section redesignated 
        from 62.9110................................................3229
65.271  Table amended........................................3801, 16248
65.301  Table amended..............................................17760
65.431  Table amended.........................................7864, 7865

                                  1988

40 CFR
                                                                   53 FR
                                                                    Page
Chapter I
61  Authority delegation    notices................................3891,
                                               8182, 12517, 17038, 24698
61  Authority delegation    notices...............................27685,
                                              45764, 46614, 52170, 52171
61.04  (b)(C) added..................................................778
    (b)(G), (BB), (JJ) revised; (b) (QQ) and (TT) and (c) added; 
(b) Region VIII table removed......................................12521
    (b) (P), (Y), and (KK) revised.................................18986
    (b)(WW)(iii) revised...........................................24449
61.04  (c) table revised...........................................50528
61.54  (d) corrected...............................................36972
61.60  (c) corrected...............................................36972
61.64  (a)(2) corrected............................................36972
61.65  (c) corrected...............................................36972
61.70  (c)(2)(v) and (4)(iv) corrected.............................36972
    (c)(2)(v) corrected............................................46976
61.153  (b)(1) corrected...........................................36972
61.245  (b)(1) correctly revised;    (e)(1) corrected..............36972
61  Appendix B corrected....................................36972, 46976
62.2350  (b)(2) and (c)(2) added...................................30053
62.2353--62.2354  Undesignated center heading added................30053
62.2353  Added.....................................................30053
62.2354  Added.....................................................30053
62.2600  (b)(3) added..............................................38291
62.2604  Removed...................................................38291
62.8350  (b)(5) added..............................................31863
    (b)(6) added...................................................49882
65.482  Table amended...............................................4027
65.541  Table revised; eff. 8-30-88................................24939

                                  1989

40 CFR
                                                                   54 FR
                                                                    Page
Chapter I
61  Authority delegation     notices...............................3595,
5078, 12627, 12910, 18498, 26041
61.03  (a) and (b) amended.........................................51704

[[Page 1393]]

61.04  (c) table corrected..........................................3901
    (c) table revised..............................................10986
    (a) amended; (b)(E), (T), (GG) and (LL)(i) revised.............32445
    (b)(I) amended.................................................40664
    (b)(GG)(i) added...............................................52032
61.18  (a) (7), (8), (9), and (10) added...........................38073
    (c) added......................................................51704
61.20--61.26 (Subpart B)    Revised................................51694
61.90--61.97 (Subpart H)    Revised................................51695
61.100--61.108 (Subpart I)  Effective date stayed to 7-13-90.......51697
61.120--61.127 (Subpart K)    Revised..............................51699
61.130--61.139 (Subpart L)    Added................................38073
61.190--61.193 (Subpart Q)    Added................................51701
61.200--61.205 (Subpart R)    Added................................51701
61.220--61.225 (Subpart T)  Added..................................51702
61.241  Amended....................................................38076
61.245  (b) introductory text and (c) introductory text revised....38076
61.246  (b) introductory text, (c) introductory text, (e) 
        introductory text, (2), (4)(i), and (h)(1) revised.........38077
61.247  (b)(5) revised.............................................38077
61.250--61.256 (Subpart W)    Revised..............................51703
61.270--61.277 (Subpart Y)    Added................................38077
61.271  (d)(1) corrected...........................................50887
61  Appendix B amended; Appendixes D and E added...................51704
62.1650  Undesignated center      heading and section added.........9046
62.1700  Undesignated center      heading and section added.........9046
62.2350  (b)(3) added..............................................40003
    (b)(4) added...................................................48102
62.4845  Undesignated center      heading and section added; eff. 
        7-31-89....................................................22896
62.4850  Undesignated center      heading and section redesignated 
        as 62.4950 undesignated center heading and section; eff. 
        7-31-89....................................................22896
62.4875  Undesignated center      heading and section added.........9046
62.4900  Undesignated center      heading and section added; eff. 
        7-31-89....................................................22896
62.4950  Undesignated center      heading and section redesignated 
        from 62.4850 undesignated center heading and section; eff. 
        7-31-89....................................................22896
62.5375  Undesignated center      heading and section added.........9047
62.5400  Undesignated center heading and section added..............9047
62.6100  (b)(2) and (c)(3) added....................................7771
62.6122  Undesignated center      heading and section added.........7771
62.7400  Undesignated center      heading and section added.........9047
62.9100  (b)(2) and (c)(2) added...................................24905
62.9140  Undesignated center      heading and section added........24905
62.9900  Undesignated center      heading and section added.........9047
62.9950  Undesignated center      heading and section added.........9047
62.11400  Undesignated center      heading and section added........9047
62.11425  Undesignated center      heading and section added........9047
65.50--65.52 (Subpart B)    Removed................................25259
65.60--65.62 (Subpart C)    Removed................................25259
65.71  Removed.....................................................25259
65.72  Removed.....................................................25259
65.80--65.82 (Subpart E)    Removed................................25259
65.90--65.92 (Subpart F)    Removed................................25259
65.100--65.102 (Subpart G)    Removed..............................25259
65.110--65.112 (Subpart H)    Removed..............................25259
65.120--65.122 (Subpart I)    Removed..............................25259
65.130--65.132 (Subpart J)    Removed..............................25259
65.140  Removed....................................................25259
65.142  Removed....................................................25259
65.151  Removed....................................................25259
65.152  Removed....................................................25259
65.160--65.162 (Subpart M)    Removed..............................25259

[[Page 1394]]

65.170--65.172 (Subpart N)    Removed..............................25259
65.181  Removed....................................................25259
65.182  Removed....................................................25259
65.190--65.192 (Subpart P)    Removed..............................25259
65.200--65.202 (Subpart Q)    Removed..............................25259
65.210--65.212 (Subpart R)    Removed..............................25259
65.220--65.222 (Subpart S)    Removed..............................25259
65.230  Removed....................................................25259
65.232  Removed....................................................25259
65.240--65.242 (Subpart U)    Removed..............................25259
65.251  Removed....................................................25259
65.252  Removed....................................................25259
65.261  Removed....................................................25259
65.262  Removed....................................................25259
65.280--65.282 (Subpart Y)    Removed..............................25259
65.290--65.292 (Subpart Z)    Removed..............................25259
65.300  Removed....................................................25259
65.302  Removed....................................................25259
65.310--65.312 (Subpart BB)    Removed.............................25259
65.320--65.322 (Subpart CC)    Removed.............................25259
65.330--65.332 (Subpart DD)    Removed.............................25259
65.340--65.342 (Subpart EE)    Removed.............................25259
65.351  Removed....................................................25259
65.352  Removed....................................................25259
65.360--65.362 (Subpart GG)    Removed.............................25259
65.370--65.372 (Subpart HH)    Removed.............................25259
65.380--65.382 (Subpart II)    Removed.............................25259
65.390--65.392 (Subpart JJ)    Removed.............................25259
65.400  Removed....................................................25259
65.401  Removed....................................................25259
65.402  Removed....................................................25259
65.410--65.412 (Subpart LL)    Removed.............................25259
65.420--65.422 (Subpart MM)    Removed.............................25259
65.430  Removed....................................................25259
65.432  Removed....................................................25259
65.440--65.442 (Subpart OO)    Removed.............................25259
65.450--65.452 (Subpart PP)    Removed.............................25259
65.460--65.462 (Subpart QQ)    Removed.............................25259
65.470  Removed....................................................25259
65.472  Removed....................................................25259
65.480  Removed....................................................25259
65.482  Removed....................................................25259
65.490--65.492 (Subpart TT)    Removed.............................25259
65.500--65.502 (Subpart UU)    Removed.............................25259
65.511  Removed....................................................25259
65.512  Removed....................................................25259
65.520  Removed....................................................25259
65.522  Removed....................................................25259
65.530--65.532 (Subpart XX)    Removed.............................25259
65.541  Removed....................................................25259
65.542  Removed....................................................25259
65.550--65.552 (Subpart ZZ)    Removed.............................25259
65.561  Removed....................................................25259
65.562  Removed....................................................25259
65.570--65.572 (Subpart BBB)    Removed............................25259
65.580--65.582 (Subpart CCC)    Removed............................25259
65.590--65.592 (Subpart DDD)    Removed............................25259
65.600--65.602 (Subpart EEE)    Removed............................25259
67.11  (b)(3) revised..............................................25259
67  Appendices A, B and C revised..................................25259

                                  1990

40 CFR
                                                                   55 FR
                                                                    Page
Chapter I
61  Authority delegation    notices..................................28,
5990, 19882, 28393, 31593, 32077, 48233
    Compliance waiver.......................................13480, 40834
    (a)(7) added...................................................22027
61.18  (c) added....................................................8341
    Correctly designated...........................................12444
    (d) correctly designated.......................................18331
    (a)(7) removed; (a)(11) added..................................32914
61.61  (o) and (w) through (z) revised.............................28348
61.65  (a) and (b)(6) introductory text revised; (d) added.........28348
61.68  (b) amended.................................................28349

[[Page 1395]]

61.100--61.108 (Subpart I)    Corrected...............................78
    Effective date stayed to 7-13-90...............................10455
    Effective date stayed to 9-11-90...............................29205
    Effective date stayed to 3-10-91...............................38057
61.138  Corrected (OMB number).....................................14037
61.140--61.156 (Subpart M)  Authority citation revised.............48414
61.140  Revised....................................................48414
61.141  Amended....................................................48415
61.142  Revised....................................................48416
61.143  Revised....................................................48419
61.144  (a)(9), (b)(1) and (2) revised; (b)(3) through (8) added 
                                                                   48419
61.145  Revised....................................................48419
61.146  Removed....................................................48419
    Redesignated from 61.148; (a), (b) introductory text, (2) and 
(d) revised........................................................48424
61.147  Removed....................................................48419
    Redesignated from 61.149; (b)(1) and (2) revised; (b)(3) 
through (8) added..................................................48424
61.148  Redesignated as 61.146; (a), (b) introductory text, (2) 
        and (d) revised; new 61.148 redesignated from 61.150 and 
        revised....................................................48424
61.149  Redesignated as 61.147; (b)(1) and (2) revised; (b)(3) 
        through (8) added; new 61.149 redesignated from 61.151; 
        (a), (b), (c) introductory text, (1)(ii), (iii) and (2) 
        revised; (d) through (f) added.............................48424
61.150  Redesignated as 61.148 and revised.........................48424
    Redesignated from 61.152 and revised...........................48429
61.151  Redesignated as 61.149; (a), (b), (c) introductory text, 
        (1)(ii), (iii) and (2) revised; (d) through (f) added......48424
    Redesignated from 61.153; introductory text, (a)(2), (4) and 
(b)(3) revised; (d) and (e) added..................................48429
61.152  Redesignated as 61.150 and revised.........................48429
    Redesignated from 61.154; (a)(1)(i) removed; (a)(1)(ii) 
through (iv) and (b)(2) redesignated as (a)(1)(i) through (iii) 
and (b)(3); (a) introductory text, (b)(1) and (3) revised; (a)(3) 
and (b)(2) added...................................................48430
61.153  Redesignated as 61.151; introductory text, (a)(2), (4) and 
        (b)(3) revised; (d) and (e) added..........................48429
    Redesignated from 61.155; (a)(3) and (4) redesignated (a)(4) 
and (5); (a) introductory text, (2), (4) introductory text, (ii), 
(iii), (5) introductory text and (b) revised; (a)(3) added.........48430
61.154  Redesignated as 61.152; (a)(1)(i) removed; (a)(1)(ii) 
        through (iv) and (b)(2) redesignated as (a)(1)(i) through 
        (iii) and (b)(3); (a) introductory text, (b)(1) and (3) 
        revised; (a)(3) and (b)(2) added...........................48430
    Redesignated from 61.156; introductory text, (c) and (d) 
revised; (e) through (j) added.....................................48431
61.155  Redesignated as 61.153; (a)(3) and (4) redesignated (a)(4) 
        and (5); (a) introductory text, (2), (4) introductory 
        text, (ii), (iii), (5) introductory text and (b) revised; 
        (a)(3) added...............................................48430
    Added..........................................................48431
61.156  Redesignated as 61.154; introductory text, (c) and (d) 
        revised; (e) through (j) added.............................48431
    Added..........................................................48432
61.157  Added......................................................48433
61.164  (d)(2) amended.............................................22027
61.174  (f)(2) introductory text   and (3) amended.................22027
61.242-2  (d) introductory text, (5), and (6) revised; (d)(4)(i)   
        through (iii) added........................................28349
61.300--61.306 (Subpart BB)      Added..............................8341
61.300  (a) and (e) revised........................................45804
61.304  (a) introductory text and (5) corrected....................12444
61.340--61.358 (Subpart FF)      Added..............................8346
61.340  (b) revised................................................37231

[[Page 1396]]

61.341  Corrected..................................................12444
61.342  (b) corrected..............................................18331
61.346  (b)(2)(ii)(A) amended......................................37231
61.348  (b)(2)(ii)(B) amended......................................37231
61.349  (a)(1)(ii) corrected.......................................12444
    (a)(2)(i)(B) amended...........................................37231
61.351  (a)(2) amended.............................................37231
61.355  (a)(1)(i) correctly designated; (4)(ii), (d), and 
        (f)(4)(iv) corrected.......................................12444
    (a)(1) amended.................................................37231
61.356  (g) and (j)(8) corrected; (j)(1) correctly designated......12444
    (j)(9) corrected...............................................18331
61.357  (d)(4) corrected...........................................12444
    (a)(4) added; (b) amended......................................37231
61  Appendix B amended.............................................22027
    Appendix IX amended............................................29359
62.4845  (b)(2) and (c)(2) added...................................38548
62.4925  Undesignated heading    and section added.................38548
62.8850  Undesignated center     heading and section added.........19884
    Appendixes D amended; eff. 8-25-90.............................25835
    Appendix E amended; eff. 8-24-90........................25835, 25836

                                  1991

40 CFR
                                                                   56 FR
                                                                    Page
Chapter I
61  Authority delegation notices...................................8280,
13079, 13589, 29182, 50518, 55826, 63875, 65994
    Waiver.........................................................23519
    Guidance.......................................................46380
61.100--61.108 (Subpart I)  Effective date stayed in part to 4-15-
        91.........................................................10514
    Effective date stayed in part to 11-15-92......................18735
    Effective date stayed in part indefinitely.....................37158
61.109  Added......................................................18738
    Existing text designated as (a); (b) added.....................37160
61.122  Revised....................................................65943
61.126  Revised....................................................65943
61.130  Heading revised; (c) and (d) added.........................47406
61.131  Amended....................................................47407
61.139  Revised....................................................47407
61.141  Corrected...................................................1669
61.143  (b) corrected...............................................1669
61.144  (b)(3) corrected............................................1669
61.145  (a)(2)(i) corrected.........................................1669
61.149  (c)(1)(ii) corrected........................................1669
61.150  (b) introductory text corrected.............................1669
61.153  (a) corrected...............................................1669
61.154  (e)(1)(iv) corrected........................................1669
61.220  Text designated as (a); (b) added..........................67542
62.3911  Undesignated heading    and section added.................56321
62.4176  Undesignated heading    and section added.................56321
62.6355  Undesignated heading    and section added.................56321
62.6911  Undesignated heading    and section added.................56321

                                  1992

40 CFR
                                                                   57 FR
                                                                    Page
Chapter I
61  Authority delegation notices.......5388, 11686, 19262, 22176, 29649, 
                                                            48563, 55113
61.4  (b)(H), (U), (W), (EE), (OO) and (UU) revised.................1226
61.60  (c) amended.................................................60999
61.200--61.210 (Subpart R)    Revised..............................23317
61.359  Added.......................................................8016
61  Appendix B amended.............................................23320
62  Authority citation revised......................................4738
62.6123  Undesignated heading    and section added.................43405
62.7325  Undesignated center    heading and section added..........56858
62.7425  Undesignated center    heading and section added..........56858
62.8350  (b)(7) added...............................................4738
62.8353  (c) revised................................................4738
62.9975  Undesignated center    heading and section added..........44692
62.11450  Undesignated center    heading and section added.........44692
63  Added..........................................................61992
66.3  (g) through (l) redesignated as (h) through (m); new (g) 
        added.......................................................5328
66.6  (b) revised...................................................5329
66.72  (a) amended..................................................5329
66.81  (b) amended; (c) revised.....................................5329
66.95  (c) amended..................................................5329

[[Page 1397]]

70  Added..........................................................32295
70.1  (f) added....................................................57347

                                  1993

40 CFR
                                                                   58 FR
                                                                    Page
Chapter I
61  Authority delegation notices...............................21, 33025
    OMB number.....................................................34370
    Clarification..................................................51784
61.04  (c) table revised............................................5299
61.35  Added (OMB number)..........................................18016
    Removed........................................................34375
61.70  OMB number..................................................18016
61.71  OMB number..................................................18016
61.145  OMB number.................................................18016
61.146  OMB number.................................................18016
61.153  OMB number.................................................18016
61.176  OMB number.................................................18016
61.177  OMB number.................................................18016
61.185  OMB number.................................................18016
61.186  OMB number.................................................18016
61.247  OMB number.................................................18016
61.340  (c)(3) removed..............................................3095
61.341  Amended.....................................................3095
61.342  (a), (b), (c)(1) introductory text, (iii), (2), (3), and 
        (d) introductory text revised; (e), (f) and (g) 
        redesignated as (f), (g) and (h); new (e) added.............3095
61.343  (a) introductory text amended; (b) and (c) redesignated as 
        (c) and (d); (a)(1)(i)(C) and new (b) added; new (c) 
        revised.....................................................3096
61.344  (a)(1)(i)(C) redesignated as (a)(1)(i)(D); new 
        (a)(1)(i)(C) added..........................................3097
61.345  (a)(1)(ii), (2) and (3) introductory text revised; (a)(4) 
        added.......................................................3097
61.346  (a)(1)(i)(C) added..........................................3097
61.347  (a)(1)(i)(C) Added..........................................3098
61.348  (a)(5) amended; (b) introductory text and (e) introductory 
        text revised; (f), (g), (h), and (i) redesignated as 
        (e)(1), (2), (f), and (g); (e)(3) added.....................3098
61.349  (a)(1)(ii), (2)(i)(B), (ii), and (e) revised; (a)(1)(iv) 
        and (2)(iv) added...........................................3098
61.353  (a) revised.................................................3099
61.354  (a)(1), (b), (c)(6)(i), (7)(i), (8), and (d) revised; 
        (c)(9), (f) and (g) added...................................3099
61.355  (a)(1) introductory text, (1)(i), (ii), (2), (3), (b), (c) 
        introductory text, (e)(3), (4), (f)(3), (i) introductory 
        text, (3) introductory text, (ii)(C), (iii), (iv), and (4) 
        revised; (c)(1) and (2) redesignated as (c)(2) and (3); 
        (a)(6), new (c)(1), (j), and (k) added; new (c)(2), (d) 
        and (g) amended.............................................3099
61.356  (f)(2)(i) removed; (b)(4), (f)(2)(ii) and (i)(4) 
        redesignated as (b)(6), (f)(2)(i), and (i)(5); (b)(2), new 
        (b)(6), (c), (d), (e)(2), (f)(2) introductory text, new 
        (f)(2)(i) introductory text, (E), (F), (G), (j)(3), (6), 
        (8), (9), and (11) revised; new (b)(4), (5), (f)(2)(i)(H), 
        new (i)(4), (j)(12), and (m) added..........................3103
61.357  (d)(4) removed; (d)(3), (5), (6), and (7) redesignated as 
        (d)(4), (6), (7), and (8); new (d)(7)(iii) redesignated as 
        (d)(7)(iv); (a) introductory text, (4), (d)(1), and new 
        (d)(4)(iii), (7)(iv)(D), and (8) revised; (c) and (d)(2) 
        amended; new (d)(3), new (5), new (7)(iii), (iv)(J), and 
        (v) added...................................................3105
61.359  Removed.....................................................3105
63  Hazardous air pollutants early reduction compliance list.......26916
    OMB number.....................................................34370
63.74  (d)(2) revised; (d)(4) and (i) removed; Table 1 amended.....62543
63.75  (f) added...................................................62543
63.77  Revised.....................................................62543
63.90--63.96 (Subpart E)  Added....................................62283
63.300--63.313 (Subpart L)  Added..................................57911
63.320--63.325 (Subpart M)  Added..................................49376
63.320  (c) revised................................................66289
63.324  (a) introductory text, (b) introductory text and (c) 
        introductory text revised..................................66289
63  Appendix A amended.............................................57924
69  Authority citation revised.....................................43043
69.11  (a) and (b) added...........................................43043

[[Page 1398]]

70.1  (f) removed..................................................34375

                                  1994

40 CFR
                                                                   59 FR
                                                                    Page
Chapter I
61  Clarification....................................................542
    Petition  for reconsideration..................................14040
    Authority citation revised.....................................36301
61.01  (d) added...................................................12429
61.02  Amended.....................................................12429
61.04  (c) table revised...........................................11555
61.10  (e) through (j) added.......................................12430
61.140--61.157 (Subpart M)  appendix A added.......................31158
61.220  (a) revised; (b) removed...................................36301
61.221  Introductory text, (a) and (c) revised; (d) and (e) added 
                                                                   36301
61.222  (b) revised................................................36301
61.223  (b)(5) revised.............................................36302
61.226  Added......................................................36302
62.4845  (b)(3) added..............................................50507
63  Complete enforceable commitment list............................7224
63.1--63.15 (Subpart A)  Added.....................................12430
63.14  (b)(3) and (c) added........................................19453
    (b)(4) added...................................................62589
63.40--63.56 (Subpart B)  Added....................................26449
63.71  Amended.....................................................59924
63.74  Table 1 amended.............................................53110
63.75  (g) added...................................................59924
63.77  (e) revised.................................................59924
63.100--63.106 (Subpart F)  Added..................................19454
63.100  (n) added..................................................53360
    (o) added......................................................54132
63.103  (e) amended................................................48176
63.100--63.106 (Subpart F)  Tables 1 and 2 amended.................48176
63.110--63.152 (Subpart G)  Added..................................19468
63.110  (g) added..................................................53360
63.110--63.152 (Subpart G)  Appendix amended.......................29201
63.160--63.182 (Subpart H)  Added..................................19568
63.160  (a) revised................................................48176
    (d) added......................................................53360
63.161  Amended....................................................48176
63.162  (b)(1) and (f)(3) revised..................................48176
63.163  (f) revised................................................48176
63.164  (c) revised................................................48176
63.165  (d) and (e) redesignated as (d)(1) and (2) and revised.....48176
63.168  (e)(1) and (h)(2) revised..................................48176
63.169  (a), (c)(3) and (d) revised................................48177
63.171  (e) revised................................................48177
63.172  (b) and (k)(2) revised.....................................48177
63.174  (b)(1), (2), (3)(i) and (f)(2) revised; (b)(3)(ii) and 
        (h)(1) introductory text amended...........................48177
63.180  (b)(2) amended; (c) introductory text revised..............48177
63.181  (b)(1)(i) amended; (d)(5)(i) revised.......................48177
63.182  (a)(6)(ii), (c) introductory text and (4) revised..........48178
63.190--63.193 (Subpart I)  Added..................................19587
63.190  (b)(5), (c) and (e) introductory text revised; (b)(6)(i) 
        removed....................................................48178
    (h) added......................................................53360
    (i) added......................................................54132
63.191  (a) revised; (b) amended...................................48178
63.192  (b)(4) through (8), (e), (i)(1), (2) and (k) revised.......48178
63.300--63.313 (Subpart L)  Appendix A corrected....................1992
63  Appendix A  corrected...........................................1992
    Appendix A  amended............................................19590
    Appendix C  added..............................................19605
63.360--63.367 (Subpart O)  Added..................................62589
63.400--63.406 (Subpart Q)  Added..................................46350
63.420--63.429 (Subpart R)  Added..................................64318
63.460--63.469 (Subpart T)  Added..................................61805
63.460  (d) corrected..............................................67750
63.460--63.469 (Subpart T)  Appendixes A and B added...............61818
63.701--63.708 (Subpart EE)  Added.................................64596
63  Appendix A amended.............................................61816
68  Added...........................................................4493
70  State operating permit program approvals.......................48802
    Regulation at 59 FR 48802 withdrawn............................60561
    Appendix A added; interim......................................55820
    Appendix A amended.................59660, 61552, 61827, 62327, 66740
71  Added..........................................................59924

[[Page 1399]]

                                  1995

40 CFR
                                                                   60 FR
                                                                    Page
Chapter I
61  Clarification...........................................38725, 65243
    Authority delegation notices.....................39264, 52329, 52331
61.04  (c) revised.................................................13913
    (c) table revised..............................................43401
    Corrected......................................................50244
61.100  Revised....................................................46212
61.107  (c)(1) removed; (c)(2) and (3) redesignated as (c)(1) and 
        (2)........................................................46212
61.109  Removed....................................................46212
61.141  Amended....................................................31920
61.146  (a) and (b) amended........................................31920
61.156  Table 1 amended............................................31920
61.140--61.157 (Subpart M)  Appendix A amended.....................31920
62.3850  (b)(3) added; eff. 8-14-95................................31092
62.11601  (c) removed; (g) added...................................50105
62.11602  Removed..................................................50105
63  Authority delegations...................................11029, 13045
    Technical correction...........................................27598
    State operating permit program approvals................37825, 57834
63.14  (b)(5) and (6) added.........................................4963
    (b)(5), (6) corrected..........................................33122
    (b)(7) added...................................................45980
    (b)(4) through (14) added......................................64336
63.100  (n) and (o) revised.........................................5321
    (b) introductory text and (k) introductory text revised; 
(b)(4) and (k)(4) through (8) added; (k)(3) amended................18023
    (l)(4) introductory text amended; (l)(4)(ii)(B) revised........18028
    (f)(1) revised; (k)(3) introductory text amended...............63626
63.100--63.106 (Subpart F)  Table 3 amended........................18029
63.101  Amended....................................................18024
    (b) amended....................................................63626
63.102  (c)(1) revised.............................................63626
63.103  (f), (g) and (h) added.....................................18024
63.104  (b)(1)(i)(C) revised.......................................63626
63.105  (a) amended................................................63626
63.110  (g) revised.................................................5321
63.111  Amended.............................................18024, 18029
    Amended........................................................63626
63.138  (h) introductory text amended..............................63627
63.144  (b)(3) amended; (b)(5)(i)(B), (D) and (E) revised..........63627
63.145  (c)(2)(ii)(E), (f) introductory text and (g) introductory 
        text revised...............................................63627
63.147  (b) revised................................................63628
63.148  (j) introductory text revised..............................63628
63.150  (g)(5)(i) introductory text, (k) introductory text and (1) 
        introductory text revised..................................63628
63.151  (a)(2) and (6)(ii) revised; (c) introductory text, (1)(i) 
        and (ii) amended...........................................63628
63.152  (c)(4) introductory text revised...........................63629
63.110--63.152 (Subpart G)  Appendix amended................63629, 63630
63.160  (d) revised.................................................5321
    (b) revised; (d) removed; (c) redesignated as (d); (e) added 
                                                                   18029
63.161  Amended.............................................18024, 18029
63.169  (a) and (b) revised........................................18029
63.170  Revised....................................................18024
63.175  (d)(4) introductory text revised...........................63631
63.181  (b)(9) and (e)(2) redesignated as (b)(9)(i) and (ii).......18030
63.182  (d)(1) amended; (d)(2)(x) and (xii) removed................18030
    (a)(6)(ii) and (d)(2)(vii) revised.............................63631
63.160--63.182 (Subpart H)  Tables 2 and 3 added...................18025
63.190  (h) and (i) revised.........................................5321
    (b) introductory text and (e)(2) revised; (b)(7) and (e)(3) 
through (6) added..................................................18025
63.191  (b) amended.........................................18026, 18030
63.192  (l) and (m) added..........................................18026
    (b)(6) redesignated as (b)(6)(i); (b)(6)(ii) added.............18030
63.340--63.347 (Subpart N)  Added...................................4963
63.342  (f)(3)(iv) corrected.......................................33122
63.343  (a)(2) and (5) corrected...................................33122
63.340--63.347 (Subpart N)  Appendix A corrected............33122, 33123
63.420  (i) added..................................................43260
    (j) added......................................................62992
63.422  (b) corrected; (d) added...................................32913
63.425  (g)(3) corrected.....................................7627, 32913
63.460  (a) and (d) corrected......................................29485
63.461  Corrected..................................................29485
63.462  (d) correctly revised......................................29485

[[Page 1400]]

63.463  (e)(2)(i) correctly revised................................29485
63.468  (a)(4) and (j) correctly revised...........................29485
63.460--63.469 (Subpart T)  Appendixes A and B corrected...........29485
63.520--63.528 (Subpart W)  Added..................................12676
63.541--63.550 (Subpart X)  Added..................................32594
63.560--63.567 (Subpart Y)  Added..................................48399
63.640--63.654 (Subpart CC)  Added.................................43260
63.652  (g)(4)(vi)(B) corrected....................................49976
63.740--63.759 (Subpart GG)  Added.................................45956
63.780--63.788 (Subpart II)  Added.................................64336
63.800--63.819 (Subpart JJ)  Added.................................62935
63  Appendix A amended.......................................4979, 62952
65  Removed........................................................33925
69.11  (c) added...................................................48038
70  Appendix A amended.......................................1744, 2534,
    3770, 4568, 12137, 12483, 15069, 21723, 35338, 36069, 36072, 39864, 
  40104, 42046, 45673, 46774, 47297, 49347, 50108, 52336, 53875, 55466, 
    57191, 57352, 57357, 57361, 57837, 62034, 62758, 62762, 62998, 63634
    Regulation at 60 FR 2534 eff. date corrected to 3-13-95.........8772
    Regulation at 60 FR 2534 confirmed.............................13046
    Appendix A amended; interim....................................25146
    Appendix A amended; eff. 7-10-95...............................30195
    Appendix A amended; interim; eff. 7-17-95......................31641
    Appendix A amended; eff. 8-22-95...............................32606
    Appendix A amended; eff. 7-24-95...............................32612
    Appendix A amended; eff. 7-26-95...............................32916
    State operating permit approvals...............................57186

                                  1996

   (Regulations published from January 1, 1996, through July 1, 1996)

40 CFR
                                                                   61 FR
                                                                    Page
61  Appendix B amended......................................18278, 18280
62.10625  Undesignated center heading and section added; eff. 8-
        12-96......................................................29667
63  State permit operating program approvals.......................18280
    Guidance availability..........................................29485
63.14  (d) added...................................................25399
63.51  Amended.....................................................21372
63.60  Added.......................................................30823
63.99  Added.......................................................25399
63.100  (b)(4) introductory text revised; (b)(4)(i)(B) amended......7718
63.100--63.106 (Subpart F)  Table 1 amended........................31439
63.151  (c)(1)(ii) revised..........................................7718
63.160  (c) and (f) added..........................................31439
63.161  Amended....................................................31439
63.163  (j) added..................................................31439
63.166  (a) and (b) revised........................................31439
63.167  (a)(1) revised; (e) added..................................31440
63.168  (a)(3) added...............................................31440
63.172  (j)(1) amended.............................................31440
63.173  (h), (i) and (j) added.....................................31440
63.174  (b)(4) added; (h)(1) introductory text amended.............31440
63.180  (b)(2) redesignated as (b)(2)(i); new (b)(2)(i) and (f)(4) 
        amended; (b)(2)(ii) added; (b)(4)(iii), (6) and (f)(1) 
        revised....................................................31440
63.181  (b)(7)